Broward County Commission Regular Meeting


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AI-26040 39.       
Meeting Date: 01/09/2018  
Director's Name: Bertha Henry
Department: County Administration  

Information
Requested Action
A.  MOTION TO APPROVE Third Amendment to the Project Agreement between Broward County and the Florida Department of Transportation (FDOT) addressing updated project milestone dates within the agreement, as well as the Anticipated Project Schedule (Exhibit F to the Agreement), and; amending the Project Description (Exhibit A to the Project Agreement); authorizing County Administrator or designee to take all administrative and budgetary actions allowable under the contract's terms, as amended, subject to review and approval by the Office of the County Attorney; authorizing the County Administrator or designee to execute other project implementation documents consistent with the terms of the Project Agreement.

(Withdrawn for further staff review.)

B. MOTION TO AUTHORIZE Florida Department of Transportation (FDOT) to proceed with a new solicitation for a Design-Build Contract and finalize the Request for Proposals (RFP), presently in draft form, consistent with the Project Description approved in Motion A.

(Withdrawn for further staff review.)
Why Action is Necessary
Section 6.01 of the Project Agreement requires that all amendments, modifications and alterations from the terms and conditions contained within the Agreement shall not be effective unless contained in a written document executed by both the Department and the County.
What Action Accomplishes

Motion A. Approves the third amendment to the Project Agreement between FDOT and the County, and; 

Motion B. Provides Board assent for the Department to continue with the Project as required in Section 2.02(22) of the Project Agreement, as amended. 

Is this Action Goal Related
Previous Action Taken
May 24, 2016 (Item No. 57) and June 13, 2017 (Item No. 73)
Summary Explanation/Background
BROWARD COUNTY ADMINISTRATION AND THE TRANSPORTATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

This item is in furtherance of the Board's Value of "Cooperatively delivering an efficient and accessible regional intermodal transportation system" and the attendant Goal to, "Seek local, state, federal funding and public support for rail projects that connect to existing rail corridors, balancing ridership with community redevelopment demands."

On October 23, 2017, the Florida Department of Transportation (FDOT), as Project sponsor, opened the bids of four firms, the results of which were transmitted to the Board of County Commissioners via email that day. After conferring with the Project partners and the Federal Transit Administration (FTA), FDOT and the project partners made the decision to reject all bids and re-solicit.

FDOT revised the procurement schedule in consultation with the FTA to assure federal funds are spent per the requirements of the full funding grant agreement. A draft RFP was released by FDOT on December 1, 2017 and letters of interest (LOIs) were requested.

Technical experts have been evaluating the previous solicitation documents and making recommendations for opportunities to bring the Project back into cost-feasible status. On December 19, 2017, County staff responded to scope reduction recommendations proffered by the project design team and FDOT, as project sponsor. The County's Director of Rail and members of the Office of the County Attorney have also cross-referenced previously-agreed upon project elements, partially funded by the County for advanced communications and sectionalized-ready vehicles, with recommended scope adjustments, to ensure those elements remain in the Project.

On December 20, 2017, FDOT notified the County that two LOIs were received. The County has also been advised by FDOT that the current cost estimate and funding commitments previously agreed to remain unchanged and do not require amendments to our Project Agreement at this time. A Joint Participation Agreement between the County and FDOT transferring funds to the County for the acquisition of the Wave vehicles, tools, the fare collection system, and other Project elements that result in overall cost savings, subject to any required approvals by the FTA, along with any additional amendments required to the Project Agreement based on the final cost estimate, are expected to be before the Board for approval by March 2018. All contracts entered into directly by the County, related to the Project, must meet FTA requirements.

Based on the decision to provide available FTA funds to the County to directly procure the vehicles and tools, the Design-Build Estimate in the previous solicitation was reduced from $146.6M (June 2017 Agenda Item No. 73) to $114M. The Design-Build Estimate for the re-solicitation should be finalized over the next months, but is expected to decrease below $114M. 

The County is seeking Board action prior to the FDOT's planned shortlisting of the firms January 10, 2017. The draft third amendment to the Project Agreement was received on December 21, 2017 and is under legal review. Once finalized, it will be released as Additional Material. 

This action effectuates necessary changes to milestone dates, Anticipated Project Schedule (Exhibit F) and Project Description (Exhibit A). The current action is not requesting any additional capital contribution from the County; however, the County has requested FDOT include a full build-out of the Vehicle Maintenance Facility, including automated switches, in the finalized RFP as a bid alternate. Should the County choose to pursue the bid alternate (late April 2018), Board action will be required, as the County would be responsible for the delta between the Project's budget for the facility ($17.5M) and the bid amount.

The third amendment has been reviewed and approved as to form by the Office of the County Attorney. FDOT will sign last.
Source of Additional Information
Christopher Walton, Director of Transportation, (954) 357-8361
Derrick Chan, Director of Rail, (954) 357-8235
Gretchen Cassini, Assistant County Administrator, (954) 357-7579

Fiscal Impact
Fiscal Impact/Cost Summary:
The Design-Build Construction Estimate is $114M of the $195M total. The County and FDOT are able to terminate the Project Agreement if bids come in at 125% above $114M, or $142.5M. 
 
Existing agreements related to how the project partners will share in Project Cost overruns remain in effect and are not affected by the third amendment to the Project Agreement. For project cost overruns experienced before 2021, FDOT is liable for 50%, city assumes 25%, and DDA contributes nothing in 2018, but $3M in years 2019-2020. County financial exposure related to cost overruns is eliminated in 2021 above beyond, because DDA assumes unlimited financial responsibility for the local share of cost overruns per Sec. 4.2(b) ILA.
Attachments
Exhibit 1- Forthcoming as Additional Material


    

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