Broward County Commission Regular Meeting
Director's Name: Mark Gale
Department: Aviation Division: Finance
Information
Requested Action
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MOTION TO APPROVE First Amendment to the Public Transportation Grant Agreement between Broward County and the State of Florida Department of Transportation for Financial Project No. 449613-1-94-01, increasing the total design cost for the Overlay Runway 10R-28L and Rehab Runway Lighting project at Broward County’s North Perry Airport to $546,380 and increasing the grant funding total maximum contribution up to $27,319; authorizing the Mayor and Clerk to execute the First Amendment; and authorizing the County Administrator to take any necessary administrative and budgetary actions to implement the First Amendment.
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Why Action is Necessary
Broward County Board of County Commissioners (“Board”) approval is required for the execution of this Public Transportation Grant Agreement (“PTGA”).
What Action Accomplishes
Allows the Broward County Aviation Department (“BCAD”) to accept additional grant funding from the State of Florida Department of Transportation (“FDOT”) for the design of the Overlay Runway 10R-28L and Rehab Runway Lighting project at Broward County’s North Perry Airport (“HWO”).
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Previous Action Taken
None.
Summary Explanation/Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.
This action allows BCAD to accept additional grant funding from FDOT for the design of the Overlay Runway 10R-28L and Rehab Runway Lighting project (“Project”) at HWO.
On February 21, 2023 (Item No. 5), the Board approved the PTGA between Broward County (“County”) and FDOT for Financial Project No. 449613-1-94-01 at HWO. The total Project design cost was estimated to be $365,000. FDOT committed to 5% participation of the cost, up to a maximum amount of $18,250, the Federal Aviation Administration (“FAA”) committed to 90% participation of the cost, estimated to be $328,500, and the County was required to fund the remaining 5% estimated to be $18,250, while covering any Project cost overruns.
Runway 10R-28L is the main east-west runway at HWO and is approximately 3,250 feet long by 100 feet wide. The proposed Project will rehabilitate the runway pavement and its connectors and will also replace the existing runway edge-lights and guidance signs with new Light-Emitting Diode units. These airfield modifications are necessary to comply with current FAA design standards. The design scope includes consultant design fees, survey and geotechnical costs, permitting, and cost estimating.
Since the execution of the original PTGA, the Project’s scope was modified to include additional design elements increasing its cost to $546,380. This action approves the proposed First Amendment to the PTGA to increase FDOT’s share by $9,069 to a maximum contribution of $27,319, or 5% of the revised total Project design cost in the amount of $546,380. The County will cover the additional Project costs not funded by the FAA, bringing the County’s participation to $172,311. When the design of the Project is completed, the FAA may offer BCAD additional grant funds. If these become available, BCAD will submit an FAA grant amendment to the Board for its consideration.
The Office of the County Attorney requested FDOT make certain modifications to a pass-through indemnification provision in the PTGA, but FDOT declined contending that the indemnification provision is legally sufficient. BCAD desires to move forward with this First Amendment to the PTGA to obtain grant funding for the Project. The Office of the County Attorney will work with BCAD to modify the relevant third-party construction or design agreements, as applicable, to comply with the PTGA and mitigate any potential risk associated with the pass-through indemnification provision in the PTGA.
The proposed First Amendment to the PTGA has been reviewed by the Office of the County Attorney. The First Amendment to the PTGA does not include the County's standard agreement provisions as FDOT requires the County to use its form agreement.
Source of Additional Information
Mark E. Gale, A.A.E., CEO/Director, Aviation Department, (954) 359-6199
Fiscal Impact
Fiscal Impact/Cost Summary
The Project is budgeted in the Aviation Department's North Perry Capital Fund, 40550.