Broward County Commission Regular Meeting
Director's Name: Jonathan Daniels
Department: Port Everglades Division: Director’s Office
Information
Requested Action
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MOTION TO APPROVE Public Transportation Grant Agreement (“PTGA”) between the Florida Department of Transportation (“FDOT”) and Broward County for Financial Project No. 444854-1-94-01, with FDOT agreeing to grant up to $10,865,849 to Broward County for Port Everglades’ Berth Improvements Project (“Project”), but no more than 75% of the total eligible cost of the Project, and County agreeing to pay the remaining 25% and cover any cost overruns, and Addendum thereto modifying the indemnification language of the PTGA; authorize the Mayor and Clerk to execute the PTGA and Addendum; authorize the County Administrator or designee to take the necessary administrative and budgetary actions resulting from approval of the PTGA; and authorize the County Administrator to approve any amendments to the PTGA that do not increase the County’s financial obligation, subject to review by the Office of the County Attorney for legal sufficiency.
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Why Action is Necessary
Broward County Board of County Commissioners approval is required for the execution of the PTGA and Addendum.
What Action Accomplishes
Execution of the PTGA and Addendum provides grant funding from FDOT for the Environmental/Design/Construction phase of Port Everglades’ Berth Improvements Project. The County Administrator is delegated authority to take the necessary administrative and budgetary actions to implement the PTGA, and to approve any future nonmonetary amendments to the PTGA.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Building partnerships and working collaboratively with others to meet shared objectives,” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward’s lower and middle class.”
The Port Everglades Berth Improvements Project includes construction of new bulkheads at Berths 1, 2, and 3, located in the Northport area of Port Everglades adjacent to Cruise Terminal 2 and the Greater Fort Lauderdale/Broward County Convention Center. The Port Everglades Bulkhead Study, published in 2010, revealed that current conditions show steel section loss due to corrosion and the end of design life for the walls. The bulkhead study concluded that these Berths require new bulkheads. Approximately 1,600 linear feet of new bulkheads at Berths 1, 2 and 3 will be installed to address the deteriorating conditions of existing bulkheads. With the execution of this PTGA, total Project costs covered by the FDOT grant are estimated at $14,487,798, with the County responsible for providing the 25% match of $3,361,949.
On November 14, 2023 (Item No. 50), the Board approved the substantial form of an agreement between Broward County and Moss & Associates, LLC for Managing General Contractor services for replacement of the bulkheads at Berths 1, 2, and 3 as well as the North bulkhead along the Port Everglades Entrance Channel. The Estimated Guaranteed Maximum Price for the Berths 1, 2, and 3 elements of the Project is $73,933,388.
A requirement for this funding is to execute this PTGA between FDOT and Broward County prior to disbursement of any funding. This PTGA is written in the standard FDOT format and includes an Addendum modifying the standard FDOT PTGA indemnification paragraph to remove the word “defend” in accordance with Sections 725.06 and 725.08, Florida Statutes, to reference Section 768.28, Florida Statutes, and to state that nothing in the paragraph constitutes a waiver of sovereign immunity. FDOT will execute the PTGA and Addendum after Board approval. The PTGA and Addendum have been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
J. David Anderton II, PPM, AICP, Assistant Director of Port Everglades, 954-468-0144, danderton@broward.org
Fiscal Impact
Fiscal Impact/Cost Summary
The Port Everglades Berth Improvements Project and matching funds are budgeted in the Port's five-year capital program.