Tri-Rail doesn’t deserve these tough tactics

Fortunately, momentum may be shifting toward Tri-Rail in the controversy over the agency’s contract.

The likely source of that Tallahassee controversy was companies that lost out in January on the $511-million, seven-year contract for all of Tri-Rail’s operations, maintenance and dispatch. Tri-Rail’s rules eliminated every bidder except one, Herzog Transit Services.

Gov. Rick Scott responded by cutting Tri-Rail’s $42 million state operating subsidy from his budget. Legislators responded with bills that would prohibit Tri-Rail from awarding any contract without written approval from the Florida Department of Transportation. Senate Bill 1118 and House Bill 865 also would force Tri-Rail to end that contract with Herzog or lose state money for next year.

As we said in an earlier editorial, however, there are good reasons why Tri-Rail bundled several contracts into one and chose the winner. Herzog was not the low bidder, but Tri-Rail asked for fixed contracts, to avoid change orders that could allow any low bidder to drive the cost much higher. Only Herzog submitted such a contract. Tri-Rail also based the contract on performance, not just price. A Broward County judge rejected a challenge from the losing companies.

Palm Beach County Commissioner Steven Abrams is vice-chairman of TriRail’s governing board, the South Florida Regional Transportation Authority (SFRTA.) Before the session opened last week, Abrams met with key legislators to present the agency’s case.

“They seemed receptive,” Abrams told the Sun Sentinel Editorial Board. “I feel I made a lot of headway in my discussions, getting our points across.”

Abrams met with Reps. Clay Ingram, R-Pensacola, and Brad Drake, R-DeFuniak Springs. They are the chairman and vicechairman of the subcommittee on transportation spending. Abrams also met with the legislative aide to Sen. Jeff Brandes, R-St. Petersburg, who chairs the similar subcommittee in that chamber.

Tri-Rail has several priorities in Tallahassee. One is to defeat the proposed changes, which are part of a wider transportation bill. Another is to make sure Tallahassee doesn’t treat Tri-Rail’s annual subsidy as a grant, with the agency having to get periodic approvals on spending. That would hinder Tri-Rail at a pivotal time.

As the Sun Sentinel reported Sunday, Tri-Rail wants to add commuter service — known as the Coastal Link — on the Florida East Coast Railway tracks that run through downtowns from Miami to Jupiter. The current Miami-to-West Palm Beach service on the CSX tracks averages 14,000 riders a day, but the stations are farther from many employment centers than stations proposed for the FEC line. That route also could attract residents of revived downtowns in coastal cities.

The first step is to connect Tri-Rail with the Miami station of the Brightline passenger service that will begin this year. That work is underway, but harmful legislation could disrupt the project.

After that, things get more complicated. Another Tri-Rail priority, Abrams said, is legislation that would apportion liability between Tri-Rail and All Aboard Florida, which will operate the Brightline trains on the same track.

Tri-Rail failed to get the legislation passed last year. New bills have been filed for this session. Tri-Rail would be liable for its passengers and equipment in any collision. According to SFRTA Director Jack Stephens, that concession is standard when a public agency seeks to use a private rail corridor. Florida East Coast Industries, parent company of All Aboard Florida, owns the track.

Creating the Coastal Link also depends on building a higher bridge over the New River in Fort Lauderdale or a tunnel. The current bridge is so low that the many openings and closings for Coastal Link would harm the lucrative marine industry, whose members already worry about the effects from the 32 daily Brightline trains.

In addition, elected officials and the Tri-Rail board must devise a system to finance the operations for Coastal Link. That number will depend on how much Florida East Coast Industries charges Tri-Rail. The company should reveal that figure as soon as possible, certainly before public money is sought to build a new bridge that will also help its private longdistance passenger train.

Even if the Legislature kills these bad bills and gives Tri-Rail reasonable autonomy, there’s no guarantee the Coastal Link will happen. If these bills pass and the Department of Transportation cripples Tri-Rail, however, Coastal Link definitely won’t happen.

As Wilton Manors City Commissioner Tom Green told the Sun Sentinel, “We can’t add four more lanes” to Interstate 95.

Tri-Rail is essential to South Florida’s transportation future. The Legislature should work with the agency, not against it.