Broward County Commission Regular Meeting
Director's Name: Joseph Morris
Department: Port Everglades Division: Director’s Office
Information
Requested Action
title
A. MOTION TO APPROVE Amendment No. 1 to the Public Transportation Grant Agreement (“PTGA”) between the Florida Department of Transportation (“FDOT”) and Broward County for the Environmental/Design/Construction phase of the Port Everglades Dredging & Widening Project (Financial Project No. 433414-1-94-04), extending the term to June 1, 2029, effective upon execution by FDOT; and authorize the County Administrator to take the necessary administrative and budgetary actions to implement the grant.
B. MOTION TO APPROVE Amendment No. 2 to the Public Transportation Grant Agreement (“PTGA”) between the Florida Department of Transportation (“FDOT”) and Broward County for the Environmental/Design/Construction phase of the Port Everglades Dredging & Widening Project (Financial Project No. 433414-1-94-04), increasing FDOT’s maximum cost share of eligible Project costs from 50% to 75%, effective upon execution by FDOT; authorize the County Administrator, or written designee, to approve and execute subsequent amendments to the PTGA that do not increase County’s local match percentage (25%) and modifying the project scope to include additional project elements eligible for funding, and any required certifications or related documentation, all subject to review and approval for legal sufficiency by the County Attorney’s Office; authorize the Port Everglades Chief Executive Officer and Port Director to approve and execute amendments that do not increase the County’s financial obligation, and any required certifications or related documentation, all subject to review and approval for legal sufficiency by the County Attorney’s Office; and authorize the County Administrator to take the necessary administrative and budgetary actions to implement the grant.
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Why Action is Necessary
Broward County Board of County Commissioners’ approval is required for the execution of PTGA amendments.
What Action Accomplishes
Extends the agreement term and modifies the Project Description/Scope of Work for the Dredging and Widening Project.
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 accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection."
On April 4, 2017 (Item No. 3), the Board approved a Joint Participation Agreement (“JPA”) between Broward County and FDOT for Financial Project No. 433414-1-94-02 for partial funding of costs associated with the U.S. Army Corps of Engineers’ (“USACE”) Port Everglades Navigation Improvements (Dredging and Widening) Project (“Project”). The JPA approved a Project cost of $45,000,000 and provided grant funding from FDOT to Broward County in the amount of $22,500,000, with the County required to provide $22,500,000, or 50% of the project cost.
On June 12, 2018 (Item No. 30), the Board approved Supplemental Joint Participation Agreement (“SJPA”) No. 1 for FDOT to provide an additional $28,888,637 in state funding for the Project, requiring $28,888,637 in matching funds from Broward County.
On December 8, 2020 (Item No. 10), the Board approved a Project Partnership Agreement (“PPA”) between the Department of the Army and Broward County to move forward on next steps of the Project. The USACE Project schedule was updated as part of the PPA. As a result, FDOT recommended adjusting state funding to align more closely with the timing of possible Project expenditures by terminating the previous JPA, approved on April 20, 2021 (Item No. 7A) and executing a new Public Transportation Grant Agreement (“PTGA”) (Item No. 7B).
This new PTGA provided up to $43,188,637 in grant funds from FDOT for the Project, which required matching funds from the County in the amount of $43,188,637, or 50% of the project cost. The PTGA extended the expiration date in the previous JPA from December 31, 2022, to June 1, 2026, to better align with the revised USACE Project schedule.
Due to the format of FDOT PTGA documents, two amendments are required to make the revisions to the existing PTGA. Amendment No. 1 will extend the PTGA for three years, with a new expiration date of June 1, 2029. Amendment No. 2 increases FDOT’s maximum cost share from 50% to 75% of eligible project costs that may be incurred by the County. Amendment 2 also modifies the project scope to include bulkhead improvements associated with the separate Port Everglades Slip 1 Expansion Project.
The USACE dredging and widening project will deepen the port to a depth of 48 feet, which requires deeper bulkheads and dredging of adjacent waterways (i.e. federally maintained waterways). Certain bulkheads must be lengthened prior to dredging activities or the bulkheads will be undermined and bulkhead structures will fail. When considering a deepening project, the federal government considers all work that must be undertaken to complete the navigation work, including channel improvements and bulkhead infrastructure.
Amendment No. 2 indicates that the PTGA’s project cost is unchanged and that FDOT’s maximum participation is the lesser of $43,188,637 or 75% (increased from 50%); however, this creates ambiguity as to the effect of the amendment, since the PTGA’s current project cost is $86,377,274. $43,188,637 is only 50% of the PTGA’s current project cost; 75% would be $64,782,955. Upon inquiring about this discrepancy to FDOT, FDOT explained that the PTGA’s project cost is in fact decreasing to $57,584,849; however, FDOT declined to provide a revised amendment with that clarification. These PTGA Amendments are written in the standard FDOT format and, subject to the disclosures above, have been approved as to form by the Office of the County Attorney. FDOT will execute the Amendments after Board approval.
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
Port Everglades’ Dredging & Widening Project and matching funds are budgeted in the Port's five-year capital program.