Broward County Commission Regular Meeting
Director's Name: Mark Gale
Department: Aviation Division: Finance
Information
Requested Action
title
MOTION TO APPROVE Fourth Amendment to the Public Transportation Grant Agreement between Broward County and the State of Florida Department of Transportation for Financial Project No. 440097-2-94-01, increasing the total project cost of Phase II of the Gate Expansion and Terminal Connectors projects at Broward County’s Fort Lauderdale-Hollywood International Airport to $103,278,258 and increasing the grant funding maximum contribution to $51,639,129, authorizing the Mayor and Clerk to execute the Fourth Amendment; and authorizing the County Administrator to take any necessary administrative and budgetary actions to implement the Fourth Amendment.
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Why Action is Necessary
Broward County Board of County Commissioners (“Board”) approval is required for the execution of the Fourth Amendment to the Public Transportation Grant Agreement (“PTGA”).
What Action Accomplishes
Allows the Broward County Aviation Department (“BCAD”) to accept additional State of Florida Department of Transportation (“FDOT”) grant funding for two projects: Phase II of the Gate Expansion/Terminal 5 and Terminal Connectors Projects (collectively, “Projects”) at Broward County’s Fort Lauderdale-Hollywood International Airport (“FLL”).
Goal Related Icon(s)
☐County Commission
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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 FDOT grant funding for the Projects at FLL.
On February 25, 2020 (Item No. 3), the Board approved the PTGA for Financial Project No. 440097-2-94-01 to fund the Projects at FLL with an estimated total project cost of the grant phase (“Grant Phase”) in the amount of $10,395,580. FDOT committed to 50% participation up to a maximum amount of $5,197,790 and required Broward County (“County”) to fund all expenses for the Projects, estimated to be in the amount of $5,197,790, while covering any Projects cost overruns. Additional information on the original agreement and subsequent Board actions is included in Exhibit 2.
The Gate Expansion project, also known as the Terminal 5 (“T5”) project, consists of a two-level, five-gate domestic concourse that will help alleviate gate capacity issues. The T5 project scope eligible under this FDOT grant includes the buildout of T5, the Terminal 4/T5 Connector, the Apron, and Remote Aircraft Parking. When the T5 project components are complete, FLL will have a total of 71 gates available for airlines’ usage.
The Terminal Connectors project will create a post-security walkway for passengers to move from terminal to terminal without being required to exit and re-enter the Transportation Security Administration’s security screening checkpoints at FLL. The Terminal Connectors project includes the construction of two terminal connectors and three bump-out modifications.
This action approves the proposed Fourth Amendment to the PTGA to increase FDOT’s share by $13,422,814 to a maximum contribution of $51,639,129 and requires the County to increase its match by $13,422,814 while continuing to cover any Projects cost overruns. The PTGA is phased to allow for future grant opportunities if they become available.
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 Fourth 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 Fourth Amendment has been reviewed by the Office of the County Attorney. The Fourth Amendment does not include the County's standard agreement provisions as FDOT requires the County to use its form amendment.
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 FLL Capital Fund, 40350.