Broward County Commission Regular Meeting

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 and schedule, amending the Project Description to include a bid alternate and authorizing the County to exercise an option to fund the bid alternate; authorizing County Administrator or designee to take all administrative and budgetary actions allowable under the contract's terms, as amended; authorizing the County Administrator or designee to execute other project implementation documents consistent with the terms of the Project Agreement as amended.

(Per the Tuesday Morning Memorandum, according to the County Attorney’s Office, on Motion A, Commissioner Geller will be making a substitute motion in the form of “Alternate Motion A” distributed as Additional Material #41 (3).)

ACTION:  (T-2:18 PM)  Approved Alternate Motion A, as submitted in the Yellow-Sheeted Additional Material, dated Tuesday, January 23, 2018, submitted at the request of the Office of the County Attorney (#41 (3)).  (Refer to minutes for full discussion.)  (See the Yellow-Sheeted Additional Material, dated Tuesday, January 23, 2018, submitted at the request of County Administration.)

VOTE: 5-4.  Vice-Mayor Bogen participated telephonically and voted in the affirmative.  Commissioners Holness, LaMarca, Rich and Udine voted no.

B. MOTION TO AUTHORIZE Florida Department of Transportation (FDOT) to finalize a new solicitation for a Design-Build Contract, presently in draft form, consistent with the amended Project Descriptions (Exhibit A, part of the original Project Agreement and Exhibit A-1, which is part of the Third Amendment to the Project Agreement).

ACTION:  (T-2:18 PM)  Approved with the Yellow-Sheeted Additional Material, dated Tuesday, January 23, 2018, submitted at the request of the Office of the County Attorney (#41).  (Refer to minutes for full discussion.)

VOTE: 5-4.  Vice-Mayor Bogen participated telephonically and voted in the affirmative.  Commissioners Holness, LaMarca, Rich and Udine voted no.

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.

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

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.

May 24, 2016 (Item No. 57) and June 13, 2017 (Item No. 73)

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".

On October 23, 2017, the Florida Department of Transportation (FDOT), as Wave 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 design team and FDOT, as project sponsor.  County staff cross-referenced previously-agreed upon project elements, partially funded by the County for advanced communications (SCADA) and sectionalized-ready vehicles, with recommended scope adjustments, to ensure that all elements remain in the project. On January 11, 2018, FDOT contacted the County to request additional scope refinements be considered, none of which will impact SCADA elements previously requested and partially funded by the County. 

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 the $146.6M (June 2017 Agenda Item No. 73) to $114M. The Design Build Estimate remains $114M of the $195M total project budget.

All contracts entered into directly by the County, related to the Project, must meet FTA requirements.

This action effectuates necessary changes to the project schedule and overall base Project Description (Exhibits A and F of the original Project Agreement). The amendment also offers the County an opportunity to obtain a fully-built-out vehicle maintenance facility (VMSF) (Exhibit A-1, which is part of the Third Amendment to the Project Agreement) as a bid alternative, should the Board give sufficient budgetary authority prior to the letting of the Design-Build Contract. The current action is not requesting any additional capital contribution from the County. Additional Board action is anticipated to occur in March once cost estimates for the full build-out of the VMSF are received.

The Third Amendment will be provided as Additional Material when finalized. FDOT will sign last.

Christopher Walton, Director of Transportation, (954) 357-8361
Derrick Chan, Director of Rail, (954) 357-8235
Gretchen Cassini, Assistant County Administrator, (954) 357-7579