MOTION TO APPROVE the Assignment and Amendment of the Subrecipient Agreement for the Federal Railroad Administration’s Railroad Crossing Elimination Grant for the Broward County Sealed Corridor Project

Approval of this item will substitute Florida East Coast Railway L.L.C. (FECR) in place of Brightline Trains Florida LLC (Brightline) as the Subrecipient under the Railroad Crossing Elimination Grant to address assignment of the Final Design Consultant to FECR, Partner Funding Agreement, and applicable Workers’ Compensation requirements.

On February 13, 2025, the Broward MPO executed a Subrecipient Agreement with Brightline Trains Florida LLC (Brightline), found in Attachment 1, to deliver the Federal Railroad Administration’s (FRA) Railroad Crossing Elimination Program (RCEP) Grant that was awarded to the MPO for the Broward County Sealed Corridor Project on July 17, 2023. The RCEP Grant Agreement, found in Attachment 2, was executed by the FRA and MPO on May 30, 2025.

Since the issuance of the Notice to Proceed to the design consultant on August 7, 2025, the Project design has advanced to approximately 58% completion. However, requests for track protection to conduct the required survey work for completion of the final design’s civil improvements were disputed by the railway owner, Florida East Coast Railway (FECR), on January 9, 2026, and January 22, 2026. Brightline maintains that there is no basis to dispute its access to the rail corridor or its right to perform work within the corridor.

On January 23, 2026, the MPO requested a meeting with Brightline and FECR to discuss delays in the Project resulting from FECR's dispute over access to the rail corridor required to perform the survey work necessary for completion of final design. On February 13, 2026, the MPO, Brightline, and FECR met to discuss a path forward. During this meeting, FECR expressed its desire to assume responsibility for Project delivery, including completion of final design and construction. Subsequently, on February 19, 2026, the MPO met separately with FECR to confirm its willingness and capacity to serve as Subrecipient and deliver the Project. FECR affirmed both its willingness and its capacity to undertake these responsibilities.

The MPO and Brightline understand that neither possesses unilateral authority to terminate the existing Subrecipient Agreement absent termination of the FRA Grant, and that interim schedule delays do not constitute default under the existing Subrecipient Agreement. However, in the interest of advancing this critical safety Project, and without waiving its rights under the existing corridor agreements, Brightline has indicated its willingness to cooperate with the MPO to facilitate a transition to FECR. The MPO acknowledges that these circumstances will delay the Project and will take all necessary actions to realign the schedule, including revisions to the Project Management Plan, Grant Agreement, and Non-Federal Funding Agreement with the Authorities Having Jurisdiction, as required.

For the proposed Assignment and Amendment of the Subrecipient Agreement for the Federal Railroad Administration’s Railroad Crossing Elimination Grant for the Broward County Sealed Corridor Project, please see Attachment 3. It is necessary for FECR as the Subrecipient under the RCEP Grant and to address applicable workers’ compensation requirements. At the upcoming meeting, MPO, FECR, and Brightline staff will be available to address any questions or comments.

MPO staff recommends approval of the Assignment and Amendment of the Subrecipient Agreement for the Federal Railroad Administration’s Railroad Crossing Elimination Grant for the Broward County Sealed Corridor Project.

If you have any questions about this item, please contact Andrew Riddle at (954) 876-0067 or riddlea@browardmpo.org