Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Water & Wastewater Engineering
Information
Requested Action
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MOTION TO APPROVE Encroachment Agreement between Broward County and Florida Gas Transmission Company, LLC, (FGT), under which FGT consents to the installation, maintenance, operation, and repair of a new potable water pipeline by Broward County across an easement held by FGT (“Easement Area”) as depicted on Exhibit “C” of the Encroachment Agreement; and authorize the Mayor and Clerk to execute same. (Commission District 7)
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Why Action is Necessary
Board approval is required to enter into an agreement with FGT.
What Action Accomplishes
Approves the Encroachment Agreement through which FGT consents to Broward County’s installation, maintenance, operation, and repair of a new potable water pipeline across a portion of the Easement Area and under existing natural gas pipelines and related surface and subsurface appurtenances.
Goal Related Icon(s)
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Previous Action Taken
None.
Summary Explanation/Background
PUBLIC WORKS DEPARTMENT/WATER AND WASTEWATER ENGINEERING DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION.
Florida Gas Transmission Company, LLC, (FGT) holds an easement via a Natural Gas Pipeline Easement Agreement dated August 23, 2013, recorded February 25, 2015, Instr. No. 112832569, Official Records, Broward County, Florida, and that First Amendment to Natural Gas Pipeline Easement Agreement dated January 20, 2015, recorded February 27, 2015, Instr. No. 112837547, Official Records, Broward County, Florida (“Easement Agreement”), covering lands located in Broward County (“Easement Area”).
Pursuant to the Easement Agreement, FGT has constructed and currently operates and maintains an 18” and a 24” natural gas pipeline and related surface and subsurface appurtenances (collectively, the “Pipeline Facilities”).
Broward County has been issued a permit to cross a portion of Easement Area containing segments of the Pipeline Facilities.
If approved, the Encroachment Agreement (Exhibit 1) provides FGT’s consent, as holder of the relevant easement and owner of the Pipeline Facilities, to Broward County to install, maintain, operate, use, and repair a new potable water pipeline within the Easement Area. Specifically, Broward County intends to install a 16” water main via open excavation in the City of Hollywood.
The Encroachment Agreement contains the following non-standard terms:
1. Broward County assumes all risk for damages or injuries concerning the installation or construction of the new potable water pipeline;
2. Mutual non-indemnification;
3. Broward County’s obligation to take reasonable steps to protect existing FGT’s Pipeline Facilities as defined in section 4;
4. Broward County’s obligation to pay removal or replacement costs of the new potable water pipeline as described in section 5; and
5. Broward County’s obligation provide notice to FGT of certain work.
Finally, FGT has only agreed to execute the Encroachment Agreement after Board of County Commissioners' approval.
Source of Additional Information
Alicia Dunne, PE, PMP, Director, Water and Wastewater Engineering Division, (954) 831-0740
Trevor M. A. Fisher, PE, MBA, Director, Public Works Department, (954) 357-6410
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact to Broward County.