Agenda 06/22/2021 Item #16C2 (Amending Utilities Standards Procedures Ordinance)06/22/2021
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise, and bring back for a Public Hearing,
an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance (This
agenda item is a companion to agenda item 16C1).
OBJECTIVE: To update the Collier County Utilities Standards and Procedures Ordinance (the
“Ordinance”) pursuant to proposed improvements to the standard utilities conveyance process.
CONSIDERATIONS: On May 11, 2004, under Agenda Item 8D, the Board of County Commissioners
(the “Board”), ex officio as the Governing Board of the Collier County Water -Sewer District (CCWSD),
adopted Collier County Ordinance No. 2004-31, the Collier County Utilities Standards and Procedures
Ordinance. This document established standards and procedures for the design, construction,
maintenance, and operation of safe and reliable potable water, non-potable irrigation water and
wastewater systems, including both public infrastructure and private development projects. It has been
previously amended by Ordinance Nos. 2006-48, 2007-60, and 2018-36 and by numerous Resolutions
amending the Collier County Water-Sewer District Utilities Standards Manual (the “Manual”), which is
incorporated by reference into the Ordinance.
This item proposes changes to the Ordinance that would simplify and optimize the utilities conveyance
process by consolidating preliminary and final acceptance into a single step, thus avoiding ambiguity in
ownership and maintenance responsibility during the one-year warranty period and reducing workload for
both County staff and the developer while preserving high-quality and best-value utility services to
Collier County Public Utilities customers. This curtailed process follows staff discussions with the
Development Services Advisory Committee (DSAC) Utilities Subcommittee (the “Subcommittee”)
dating back to 2015 and to a 2017 benchmarking study by Tetra Tech that was updated and expanded in
2019 (See Attachment 1). The “one-step” process has been successfully tested over the past five years on
dozens of small projects that obtained deviation approval to skip preliminary acceptance and go directly
to final acceptance. Public Utilities Department, Growth Management Department, and County
Attorney’s Office staff collaborated on these changes and vetted them with the Subcommittee, which
recognized the proposed changes as being mutually beneficial to the County and the land development
industry. At its regular meeting on March 3, 2021, DSAC unanimously recommended approval of the
proposed changes.
A summary of Ordinance changes is included as Attachment 2. The proposed ordinance to amend the
Ordinance is included with line numbering as Attachment 3, and a clean version stamped by the County
Attorney's Office is included as Attachment 4.
FISCAL IMPACT: Cost of advertising is estimated at $650. Funds are available in the Water -Sewer
District Operating Fund (408).
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office, is
approved as to form and legality, and requires majority vote for approval. - DDP
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board, ex officio as the Governing Board of the Collier County
Water-Sewer District directs the County Attorney to advertise and bring back for a Public Hearing an
Ordinance to amend the Collier County Utilities Standards and Procedures Ordinance.
Prepared by: Eric Fey, P.E., Principal Project Manager, Public Utilities Engineering and Project
Management Division
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06/22/2021
ATTACHMENT(S)
1. Attachment 1 - Conveyance Case Study (PDF)
2. Attachment 2 - Change Summary (PDF)
3. Attachment 3 - Ordinance - Numbered (PDF)
4. Attachment 4 - Ordinance - Stamped by CAO (PDF)
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06/22/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Doc ID: 16083
Item Summary: Recommendation to direct the County Attorney to advertise, and bring back for a
Public Hearing, an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance
(This agenda item is a companion to agenda item 16C1).
Meeting Date: 06/22/2021
Prepared by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
06/01/2021 5:48 PM
Submitted by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
06/01/2021 5:48 PM
Approved By:
Review:
Public Utilities Planning and Project Management Eric Fey Additional Reviewer Completed 06/01/2021 6:05 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/01/2021 6:28 PM
Wastewater Steve Nagy Additional Reviewer Completed 06/02/2021 6:11 AM
Wastewater Beth Johnssen Additional Reviewer Completed 06/02/2021 6:45 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/02/2021 7:57 AM
Water Pamela Libby Additional Reviewer Completed 06/02/2021 9:07 AM
Water Steve Messner Additional Reviewer Completed 06/02/2021 9:39 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/02/2021 10:15 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/02/2021 4:27 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/08/2021 11:01 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/08/2021 12:12 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2021 1:33 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/13/2021 6:52 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/14/2021 2:37 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
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Utility Conveyance Policies and
Procedures Case Study
PRESENTED TO PREPARED BY
Collier County
Tetra Tech
201 E. Pine Street, # 1000
Orlando, FL 32801
P +1-407-839-3955
F +1-407-839-3790
www.tetratech.com
#200-08486-19016
August 12, 2019
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TABLE OF CONTENTS
1.0 INTRODUCTION ..................................................................................................................................................2
1.1 General...........................................................................................................................................................2
1.2 Purpose ..........................................................................................................................................................2
1.3 Definitions ......................................................................................................................................................2
2.0 BACKGROUND ...................................................................................................................................................3
2.1 Maintenance Period .......................................................................................................................................3
2.1.1 Collier County .......................................................................................................................................3
2.1.2 2015 Surveyed Utilities .........................................................................................................................3
2.1.3 Comparison ..........................................................................................................................................3
2.2 Privately Owned Facilities ..............................................................................................................................5
2.3 Small Projects ................................................................................................................................................6
3.0 COMPARISON UTILITIES ...................................................................................................................................7
3.1 Maintenance Period .......................................................................................................................................7
3.1.1 Inspections............................................................................................................................................7
3.1.2 Warranty and Utility Performance Security (UPS) Requirements ..................................................... 11
3.2 Privately Owned Facilities ........................................................................................................................... 16
3.3 Small Projects ............................................................................................................................................. 19
4.0 SUMMARY AND ANALYSIS ............................................................................................................................ 20
4.1 Maintenance Period .................................................................................................................................... 20
4.2 Private Facilities .......................................................................................................................................... 20
4.3 Small Projects ............................................................................................................................................. 20
LIST OF TABLES
Table 2-1. Summary of Protections from 2015 Study ................................................................................................4
Table 2-2. Summary of Risk Mitigating Mechanisms from 2015 Study .....................................................................5
Table 3-1. Summary of Findings ................................................................................................................................9
Table 3-2. Summary of Warranty Information ......................................................................................................... 13
Table 3-3. Summary of Alternate UPS Instruments ................................................................................................ 14
Table 3-4. Summary of Privately Owned Facilities ................................................................................................. 17
Table 3-5. Summary of Smaller Utility Improvement Policies ................................................................................. 19
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1.0 INTRODUCTION
1.1 GENERAL
In 2015 Collier County (the County) retained Tetra Tech to conduct a benchmarking study on the County’s utility
conveyance process. The study reviewed the conveyance process of seven Florida utilities and compared them to
the County. The results of the study found that the Collier County process is highly systematized with numerous
intermediate precedent conditions that require documentation and keeps applicants engaged in the conveyance
process until the ultimate transfer of the assets to County ownership.
One of the unique aspects of the County’s process is the three-step acceptance requirement that includes a
preliminary acceptance and a final acceptance separated by a one year maintenance period where the applicant
owns and operates the facilities. The other seven utilities surveyed have a two-step acceptance process wherein
the utility accepts and assumes ownership of the facilities prior to the maintenance period which occurs concurrently
with utility ownership.
The County’s process aims to reduce the risk of acquiring substandard utilities since the Applicant is directly
required to correct any deficiencies that may occur during the first year of operations. There is also potential added
protection from the Applicant’s business risk; should the Applicant’s enterprise fail, the County will not be left
maintaining facilities that do not provide service or generate revenue for the system. In spite of these apparent
protections the three-step process has some issues which have prompted the County to consider a more traditional
two-step acceptance process.
1.2 PURPOSE
The purpose of this document is to expand upon the previous benchmarking study in a few key areas to provide
the County some context and guidance regarding potential revisions to its utility conveyance process. For the most
part this analysis focuses on the detail of the warranty and utility performance security (UPS) requirements and two
step acceptance process. However, this study also includes a survey of other utilities regarding treatment of
privately owned facilities that may one day in the future come under utility ownership. In addition, the utilities were
asked if there was an alternative or “second track” approval process for the conveyance of facilities that are smaller
in scope than the typical (such as a large service connection or extension for a single hydrant).
1.3 DEFINITIONS
Similar to the previous study, the term “facilities” generally refers to those water, wastewater, and reclaimed water
assets that are subject to the conveyance process and the term “utility” refers to the provider of service that
ultimately owns the facilities. “Applicant” means the developer of the property that is responsible for the construction
of the facilities that will be transferred. The term “Contractor” refers to the entity that is retained by the Applicant to
construct the facilities. The term “Engineer” refers to the engineering professional retained by the Applicant for the
design, permitting and certification of the facilities. The term “private facilities” is used to identify facilities that are
not conveyed to the County but rather remain in private ownership.
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2.0 BACKGROUND
This study focuses on three topics associated with water, wastewater, and reclaimed water facilities that are
constructed for the Applicant and will connect to the County’s system:
· Ownership during the maintenance period of the conveyance process,
· Review and acceptance policies for private facilities,
· Conveyance process for small scale facilities.
2.1 MAINTENANCE PERIOD
2.1.1 Collier County
Collier County’s utility conveyance process includes both Preliminary Acceptance (PA) and Final Acceptance (FA)
steps with an intervening maintenance period. The PA step is a four-phase process that includes stages
systematically arranged to encourage the timely submission and review of the required documents. The PA step
begins with the submission by the Applicant of the first round of required documentation and ends with a preliminary
acceptance letter, a Certificate of Occupancy for the development, and recording of the assets in the County
records.
The maintenance period occurs after PA immediately after issuance of the Certificate of Occupancy and lasts for a
minimum of one year. Per Section 134-60 of the Code of Ordinances the County has “Cno duty with regard to, or
any responsibility for, any utility facilities until such utility facilities have been finally accepted by the board,” which
occurs during final acceptance. The Applicant therefore bears the ownership and operations responsibilities for the
facilities during this period. However, should the County determine the need to act to ensure continued operations
of the facilities, the Ordinance gives the County the authority to make expenditures necessary to repair or replace
the utilities as required.
The FA process occurs after the one year maintenance period and focuses primarily on inspecting the utilities after
a year of operations for continued compliance with County requirements. The final acceptance period includes a
final county inspection of the facilities. Upon a successful inspection the project is brought before the Board of
County Commissioners for approval of ownership of the facilities. When the Board has voted to accept the utilities
they are considered to be owned by the County and the County staff begins operations and maintenance activities.
A FA letter is issued and the Applicant’s performance security is released.
2.1.2 2015 Surveyed Utilities
The utilities in the 2015 benchmarking survey utilize a two-step process as opposed to the County’s three-step
process. The defining difference lies in who owns and operates the facilities during the maintenance period. In the
two-step process the maintenance period commences concurrently with the utility’s acceptance and ownership of
the facilities. There are no final acceptance requirements and the required performance securities and warranties
expire after the one year term.
2.1.3 Comparison
The County’s process of requiring the Applicant to retain ownership and operations of the facilities during the
maintenance period reduces the County’s risk of acquiring substandard facilities since the Applicant is directly
responsible for correcting any deficiencies that may occur in the first year of operation. In addition, as mentioned
previously, the County is shielded from the Applicant’s business risk. Should the Applicant’s development fail the
County will not be left with maintaining facilities that do not provide service or generate revenue for the utility.
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Although the County is not responsible for the facilities during this period, Section 134-60 of the Ordinance does
give staff the ability to intervene in the operations if required. However, when a County customer is connected to
the facilities during the maintenance period they are being served in part by assets that are not owned by the
County. This creates some confusion at the utility level about where responsibility for operations and maintenance
of the subject facilities lies.
The entire conveyance process can be considered a due diligence process that protects the County from receiving
substandard facilities from outside parties. In this study the focus is on the risk mitigating mechanisms that are in
place to protect the County from substandard facilities after they have been placed into service. Table 2-1 below
provides a summary of the mechanism for both the County and the utilities from the 2015 study.
Table 2-1. Summary of Protections from 2015 Study
Mechanism Definition Collier County Utilities from 2015
Study
Utility Performance
Security (UPS)
An Applicant provided
source of funding that
can be drawn upon by
the County to correct
facility deficiencies
Required
Required (2 utilities)
Negotiated (2 utilities)
Not required (3 utilities)
Warranty
A certification provided
by the Applicant or its
contractor that facility
deficiencies will be
corrected by the
Applicant/contractor at
their expense
Required
Required (6 utilities)
· Provided by
Applicant (1
utility)
· Provided by
Contractor (3
utilities)
· Provided by
either (2 utilities)
Not Required (1 utility)
Ownership
First year of ownership
including operations
responsibility by the
Applicant with the
requirement that at the
end of the year the
facilities will be fully
functioning and free of
deficiencies
Required Not required (7 utilities)
Of the three identified mechanisms in the 2015 study most utilities utilize either the performance security or warranty.
The two utilities that negotiate the need for a performance security do so in addition to a warranty. Orange County
is the only utility in the study that, like the County, requires both in all cases. Table 2-2 provides a summary of each
utility’s risk mitigating mechanism requirements from the 2015 Study.
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Table 2-2. Summary of Risk Mitigating Mechanisms from 2015 Study
Mechanism Charlotte Lee Martin Palm
Beach Sarasota St.
Johns Orange Collier
County
UPS Negotiated No Yes Negotiated No No Yes Yes
Warranty Yes Yes No Yes Yes Yes Yes Yes
The ownership mechanism employed by Collier County places the responsibility of action on the Applicant (or the
Applicant’s contractor) at the Applicant’s expense. In this way there is little difference between the warranty and
ownership mechanism.
There are, however, a couple of perceived advantages to the ownership mechanism over the warranty. In the event
that the Applicant is unable – from a business perspective to successfully implement the development within the
first year (e.g. bankruptcy) – the County is under no obligation to assume ownership of the facilities. However, in
the event that there are customers receiving County service connected to these facilities, the County would be
required to operate and maintain the facilities in order to guarantee service regardless of ownership.
In addition, the Applicant remains responsible for the first year of operations and will bear the cost of any “shake
down” issues and costs that might be associated with initial operation. It is worth noting however, that many inherent
defects relating to poor or improper installation of materials and equipment typically manifest many years after
acceptance and rarely during the first year of operation. Therefore, the status of applicant ownership during the
Maintenance Period provides little of its intended protections.
The County’s unique ownership mechanism has a number of potential and realized problems:
· Since the assets are recorded in the County record at Preliminary Acceptance there is often confusion
about the ownership status during the maintenance period,
· There is a large volume of outstanding Final Acceptance obligations as Applicants can be difficult to contact
and engage in the final closeout process,
· Upon signing the FDEP Clearance form, the County assumes regulatory liability of the facilities which it
doesn’t directly operate and maintain,
· There are no requirements in the County’s conveyance procedures that binds the Applicant to utilize
qualified, professional utility system operators during the maintenance period.
In considering removing the ownership mechanism from the list of protections required by the County, this study
focuses on the specifics of the warranty and security requirements of other utilities and how successful the two
mechanisms are at protecting the utilities. Also, because it relates directly to the quality of the facilities accepted,
the study also investigates the number and level of facility inspections required prior to utility acceptance.
2.2 PRIVATELY OWNED FACILITIES
Privately owned facilities is a term used to identify facilities that are not owned by the County but receive service
from the County through a master meter. As per the industry standard the County’s ownership and responsibility
for operations and maintenance ends at the customer meter for water and reclaimed water facilities or at the nearest
clean out or right-of-way line for wastewater facilities. All assets on the customer side of the meter, or property line
in the case of wastewater, are owned by the customer and are required to be operated and maintained by the
customer. Private facilities are differentiated from a typical single customer connection in that they involve a network
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of piping (and possibly gravity mains, manholes and lift stations for wastewater) that serve multiple buildings. A
multi-building condominium or apartment complex is a good example of this type of system.
It is possible for private systems to fall into disrepair due a lack of proper maintenance by the private owner. This
may be due to a lack of professional maintenance of the system, but in some cases the owner may not be aware
of their ownership position of the facilities until a failure occurs. This is particularly a concern with lift stations which
contain motorized equipment that require frequent routine maintenance. In the event there is a failure in these
private systems occasionally the County is called upon as the provider of service to correct the problems. Once the
ownership responsibilities are explained the County is sometimes called upon to assume ownership and take over
the operation and maintenance of the facilities. This places the County in the position of potentially owning facilities
that are not built to current County standards and suffer from years of deferred maintenance.
Under the County’s current policy private facilities go through much of the same PA process as facilities that are
conveyed. Major exceptions are:
· There are no requirements for conveyance documents, such as the bill of sale, as the facilities will not be
conveyed to the County,
· No telemetry equipment start-up and testing (not applicable),
· No easement certification to County (not applicable).
In addition, there is no maintenance period or FA process. Occasionally the County will allow private facilities to
bypass some of the requirements of the PA process, however, this is done on a case-by-case basis and requires
the Applicant to file a utility deviation form for review and approval.
2.3 SMALL PROJECTS
Occasionally an Applicant’s project involves a relatively small amount of water and wastewater facilities. Rather
than a large scale development with lift stations and several thousand feet of pipe these projects involve a single
pipe extension for a hydrant or large water service. Per Section 134-60 of the Code of Ordinances these projects
are required to follow the full conveyance procedures including the PA, maintenance period and FA process. To
alleviate some of the administrative burden and reduce the time required for transfer, the County is considering a
secondary track for small projects that eliminates some of the standard conveyance requirements.
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3.0 COMPARISON UTILITIES
3.1 MAINTENANCE PERIOD
Following up on the 2015 efforts, this study focuses on the protections and securities required by utility systems
that assume ownership of the facilities at the onset of the maintenance period. In particular, the utilities were asked
questions regarding the level and complexity of inspections required that provide the first indications of the nature
of the constructed facilities. In addition specific questions about the UPS and/or warranty requirements were asked
to better understand the process.
The utilities that participated in the survey were:
· Port St. Lucie,
· City of Orlando, (wastewater only),
· Tohopekaliga Water Authority (TWA),
· Martin County, and
· Orange County.
3.1.1 Inspections
All utilities surveyed conduct inspections at predetermined construction milestones in addition to unscheduled
inspections. Predetermined inspections are scheduled during major milestones that are identified during the
preconstruction process. All utilities conduct inspections to verify the accuracy of record drawings or as-builts and
some, as discussed below, conduct inspections after the maintenance period to document facility condition prior to
discharging the UPS. Mostly this occurs prior to the final inspection to allow time for corrections if required. All
utilities have a minimum requirement that they be notified of major testing such as pressure, hydrant, and
disinfection tests and if possible they have inspectors on-site to witness the tests. Orange County specifically stated
that equipment start-ups, usually lift stations, are witnessed by construction, engineering and operations personnel.
Most utilities stated they try to inspect projects unscheduled on a daily basis but this goal is frequently tempered by
the number of projects on-going and available inspection staff. The size and nature of a project also drives the
frequency of inspections. A large project with difficult subsurface conditions is likely to receive more frequent and
thorough inspections than a small project or one with stable laying conditions.
Inspection fees are charged by most utilities, but the form of the fee varies from a flat fee to a percentage (2 to 2.4
percent) of the utility value. Most utilities responded these fees are recovered up-front with other fees at the
beginning of the process.
All utilities use a standard process for scheduling and documenting construction inspections and most inspections
are recorded on some sort of form. Two utilities, Martin County and Orange County, have converted or are in the
process of converting to electronic forms that are completed in the field contemporaneously with the inspection.
As part of the close-out requirements, Collier County requires the following inspections and certifications:
· Sewer video,
· Certification of pressure testing,
· Infiltration/exfiltration test certification,
· Coating certification,
· Lift station start-up reports,
· Electrical contractor’s certification including start-up and telemetry testing,
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· Letter from EOR stating that facilities are located in rights-of-way or easements, and that construction has
occurred in accordance with County Ordinance and regulations,
· Engineer’s final payment confirmation,
· DEP Certification and copy of General Permit(s),
· Lab results on bacteriological tests,
· Satisfactory test reports and certification of backflow device by certified laboratory,
· Verification of final costs, cost breakdown of contributory assets for county/private materials,
· Letter from fire control district regarding ownership and maintenance of fire hydrants and signed copy of
field fire flow testing.
Table 3-1 presents a summary of the findings from the utilities interviewed. The level of inspections among the
utilities surveyed was relatively consistent. The utilities with the most structured process such as Orange County
and Port St. Lucie provide forms for each required test that are required to be signed by the Engineer of Record.
Collier County’s process ranks with the more structured and advanced inspection processes surveyed.
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Collier County Utility Conveyance Policies and Procedures Case Study 9 081219 Table 3-1. Summary of Findings Utility Number of Inspections Required During Construction Construction Close-out/As-built Requirements Inspection Fees? Inspection Forms Collier County Depends on type of project. Required, standard inspections performed at predetermined construction milestones by EOR and County. Routine county inspections performed without notice. The EOR and the utility perform inspections, observations, and tests necessary to assure compliance with utility standards Record Drawings are required along with the Preliminary Acceptance inspection. Additional close-out requirements include conveyance documents, inspection forms, test results, final costs, LS start-up, and recording fees 2.25% of utility construction costs County maintains a list of required inspections, but does not have inspection forms Port St. Lucie Depends on type of project. Inspections performed at predetermined construction milestones. The EOR and the utility perform inspections, observations, and tests necessary to assure compliance with utility standards Depends on the quality of the as-builts. First review of as-builts at time of leak testing. Subsequent re-inspections are required if as-built survey is incorrect. The as-built survey shall be submitted to the utility at least seven days prior to the desired inspection date with a project completion form, including a punch list compiled by EOR and schedule for completion Yes Yes; all compiled within an Inspection Forms Package City of Orlando Performed at the completion of each stage of construction. The City uses an automated inspection scheduling system and online services to schedule inspections As-built survey signed and sealed by EOR and/or licensed surveyor Yes; inspection fees are assessed by the Permitting Services Division All inspections are performed electronically through the City’s software TWA Depends on type of project. Inspections are required for pressure testing, BT samples, low air pressure tests, disinfection, spark testing, etc. Environmental inspections, pre-final, and final inspections required as well Record drawings are reviewed during the pre-final and/or final inspection 2 percent of certified cost of construction for utility improvements Yes; all inspections have an inspection form Martin County Depends on type of project. Inspections performed at predetermined construction milestones. In addition, inspectors visit active construction sites during utility installation on a regular basis Record drawings are submitted with monthly progress reports. Prior to submittal for final payment or final acceptance, as-builts must be certified by a Florida Professional Surveyor or Mapper Fees are collected up front as part of the project review in the amount of $70 for each water and wastewater ERC Yes, but only for pressure and bacteriological testing. Do not have inspection forms for each inspection. Transitioning to a tablet-based system in order to track each inspection more accurately and efficiently 16.C.2.aPacket Pg. 1420Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities
Collier County Utility Conveyance Policies and Procedures Case Study 10 081219 Table 3-1. Summary of Findings (continued). Orange County Inspections are required at predetermined construction milestones One hard copy of surveyor’s as-builts signed & sealed. One hard copy of Engineer's record drawing signed & sealed. One disk with survey and record drawings signed 7 sealed, asset table, deflection chart, and CAD drawings. Boundary survey for any easement and county-owned pump stations Inspection fees are built into the development review process and paid upfront. Fees are 2.4 percent of construction cost, minimum $120 Shifting to a computerized system. Each inspector is supplied with a laptop computer. All forms are contained in a master project folder and are completed in the field 16.C.2.aPacket Pg. 1421Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities
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3.1.2 Warranty and Utility Performance Security (UPS) Requirements
At the risk of simplification, the warranties and UPSs can be categorized by which party is required to take the action
to correct substandard facilities. Warranties place the responsibility of action on non-utility parties (either the
Applicant or the Applicant’s contractor) and Performance securities place the responsibility of action on the utility.
In both cases, however, the cost of the corrective actions are borne by the Applicant (or Applicant’s contractor)
either directly or through the UPS.
In the group of utilities surveyed, four of the six require both a Warranty and UPS. Martin County and TWA do not
require a warranty (beyond a manufacturer’s warranty), and Port St. Lucie which only requires a UPS for single
family residential developments. Table 3-2 presents a summary of the Warranty information and Table 3-3 presents
a summary of the UPS information gathered.
3.1.2.1 Warranties
For those that require a warranty, the requirements from utility to utility are fairly consistent. They have a term of
one year from acceptance of the facilities and are posted by either the Contractor or the Applicant. All utilities stated
they rarely, if ever, have had to rely upon the warranty to repair or correct substandard facilities. When it was utilized
however, the causes were ground level damage to small items such as valve boxes, clean outs, and larger issues
such as dirt in collection lines, broken manholes, and settling due to poor compaction.
3.1.2.2 UPS – Amounts and Posting
UPSs have more complex characteristics than warranties. The first being that there are many forms of UPSs that
utilities will accept although a performance bond appears to be the default instrument. Table 3-3 presents the
alternate UPS instruments for each utility. When the UPS is required to be posted, its amount can be broken into
two categories: for utilities that require the UPS to be submitted during the development review process or when
the plat is submitted the amount required is 100 percent to 120 percent of the estimated value of the utilities. For
utilities that require the UPS to be submitted at the end of construction and prior to acceptance the value is 10 to
15 percent of the actual construction costs. Collier County covers both types by requiring 110 percent during
development review with a possible reduction to 10 percent upon PA. The City of Orlando has a similar set-up with
a 100 percent performance bond posted at development review and a separate maintenance bond posted prior to
acceptance.
3.1.2.3 UPS – Term
The posting schedule also affects the term of the bond. Bonds posted early in the process have a variable term
(Orlando, Collier) that expires upon final acceptance of the facilities or a five year term (Port St. Lucie). The shorter
term bonds that are posted at preliminary acceptance are typically for the one year maintenance period with the
exception of the City of Orlando which has a two year period. Similarly to the County, in most cases the term can
be extended.
3.1.2.4 UPS – Utilization
In all cases it appears that the utilities have rarely had to utilize the UPS to correct substandard facilities. The
responses ranged from rarely to never or none that could be remembered. It appears that the preference is to rely
upon the warranty to have the Applicant take corrective measures when necessary. Orange County explicitly
mentioned that reliance on a UPS was not necessary as the Applicant routinely makes the corrective actions. Port
St. Lucie mentioned that the last time they relied upon a UPS was during the 2008 recession when many
developments were failing.
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3.1.2.5 UPS – Discharge
The discharge of the UPS after the maintenance period can happen either passively, where the UPS is allowed to
expire at the end of its term, or actively, where the utility sends a release letter. Half of the utilities require a final
inspection of the facilities prior to the discharge of the bond. Usually this process is initiated 60 to 90 days prior to
the discharge of the bond. Orange County requires the ability to extend the term of the UPS at its discretion.
16.C.2.a
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Collier County Utility Conveyance Policies and Procedures Case Study 13 081219 Table 3-2. Summary of Warranty Information Utility Warranty Requirement Who is responsible for providing the warranty? How frequently have deficiencies occurred during warranty period? Type of deficiencies? Collier County One year Contractor Not in recent memory Deficiencies usually due to improper laying conditions for piping. Failure usually occurs after the one year warranty period Port St. Lucie One year Contractor and/or Applicant Not often. Less than one claim per year Settling from poor compaction and control panel issues mainly City of Orlando One year Contractor Rarely Accumulation of dirt and construction debris in sewer mains of new residential subdivisions TWA Maintenance/performance bond serves as warranty. See Table 3-3 -- -- -- Martin County Maintenance/performance bond serves as warranty. See Table 3-3 -- -- -- Orange County One year Applicant Rarely Mostly ground level (valve & meter boxes damaged, buried or concreted over valves, etc.). CCTV Gravity main issues (Too dirty to CCTV, bellied or damaged by others) 16.C.2.aPacket Pg. 1424Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities
Collier County Utility Conveyance Policies and Procedures Case Study 14 081219 Table 3-3. Summary of Alternate UPS Instruments Utility Security Requirements? Required Security Amount Term? When are securities required to be posted? Security draw frequency? Reasons for drawing upon a security? Has security been insufficient to cover deficiencies? How are securities discharged after term has ended? Collier County Cash bond, irrevocable letter of credit, escrow 110 percent of project value; reduced to 10% after PA One Year Minimum dependent on reviews For SDPs, required at beginning of PA process; For PPLs, required before the plat is recorded and final obligation cash bond due at PA Not in recent memory Unknown NA Returned to applicant after FA Port St. Lucie None on commercial. Only required for single family residential developments 120 percent of project value Five years When plat is recorded or construction starts Rarely Contractor/developer goes under, such as during the 2008 recession No Release of bond letter City of Orlando Maintenance bond, equivalent cash deposit, certificate of deposit, irrevocable letter of credit, cashier's check, or certified check drawn upon a Florida bank 15 percent of the actual construction cost of all improvements or 100 percent construction cost of utilities to cover sufficient replacement Two years Prior to acceptance of the improvements by the City from Engineer through the issuance of a Letter of Completion -- -- -- Final inspection occurs before the end of the maintenance period. If improvements are in satisfactory condition, the maintenance bond is permitted to expire TWA Maintenance, materials, and workmanship surety bonds and include all improvements including materials, workmanship, and structural integrity. Applicant may provide a deposit of cash in an escrow account or irrevocable letter of credit Ten percent of certified construction cost One year During the project conveyance phase Never -- -- At the expiration of the security and upon verification of satisfactory performance and receipt of required documents outlined in the Project Acceptance Certificate 16.C.2.aPacket Pg. 1425Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities
Collier County Utility Conveyance Policies and Procedures Case Study 15 081219 Table 3-3. Summary of Alternate UPS Instruments (continued) Utility Security Requirements? Required Security Amount Term? When are securities required to be posted? Security draw frequency? Reasons for drawing upon a security? Has security been insufficient to cover deficiencies? How are securities discharged after term has ended? Martin County Maintenance bond, letter of credit, CD, or cash 100 percent of up to the first $5,000, and then 10 percent of the remaining value One year Prior to final release of water and/or wastewater service and must be submitted along with remaining close-out requirements None in last ten years -- -- Surety document is returned, or if paid by cash/check then a check is issued Orange County Irrevocable letter of credit, cash escrow, or bond Ten percent of actual cost less the cost of equipment covered by manufacturer's warranty One-year After Certificate of Completion has been issued by the County Orange County has not had to draw on a security as contractors have historically fulfilled their responsibility Mostly ground level (valve & meter boxes damaged, buried or concreted over valves, Etc.). CCTV Gravity main issues (Too dirty to CCTV, bellied or damaged by others) -- Securities automatically extinguish once term is over; however, the County has the ability to extend the duration of the bond. Facilities are subject to an inspection prior to bond release 16.C.2.aPacket Pg. 1426Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities
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3.2 PRIVATELY OWNED FACILITIES
As would be expected, all utility systems have privately owned facilities in their service area. Across the board the
utilities classify private facilities into two categories:
· Facilities that serve a single owner or connection, such as commercial and multi-family residential
development,
· Facilities that serve multiple owners, such as master metered single family developments.
Half of the utilities surveyed allow both types but the remainder utilities have more restrictive policies for facilities
that serve more than one owner. Orange County only allows facilities serving multiple owners if the connections are
all on private property and there is no direct access to a public right-of-way. TWA allows for private facilities but in
nearly all cases mandates that the lift stations must be conveyed to the utility. Martin County and Port St. Lucie only
rarely allow for such facilities in specific instances.
Like Collier County, all utilities surveyed provide for approval of the private facilities during the development review
process, however, only the City of Orlando and Martin County require full compliance with utility’s standards. All
utilities require the same level of inspection of the private facilities as if they were being conveyed. In Collier County,
any deviations from standards require approval.
Most utilities will accept ownership of private facilities, however, in all cases the facilities are required to be upgraded
to current utility standards and easements secured prior to the transfer. Martin County specifically stated that the
transfer would go through a process similar to the conveyance requirements including a maintenance period backed
by a one year UPS. Both Orange County and TWA stated they do not accept private facilities; however, TWA will
accept ownership if mandated by FDEP. Table 3-4 presents a summary of the survey responses.
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Collier County Utility Conveyance Policies and Procedures Case Study 17 081219 Table 3-4. Summary of Privately Owned Facilities Utility Existing privately owned facilities in service area? Are new privately owned facilities allowed? Development review process different for privately owned facilities? Extent of inspection/oversight during construction Are existing privately owned facilities accepted by utility? Collier County Yes Yes PA requires acceptance documents and testing. UPS is required in addition to going through the FA process Similar to facilities that would be conveyed to the County Yes, if County standards are met in addition to all inspection/turnover requirements Port St. Lucie Very few Very rarely Typically not; anything private is treated as though it could become public All privately owned utility projects are constructed in accordance with utility standards and subject to the inspections as required for utility-owned projects Yes, subject to several requirements including being brought to City standards prior to acceptance City of Orlando Yes Yes No; the same standards apply to private sewer systems as to City owned sewers Permitting Services Division conducts all site work inspections and applies the same standards to both privately owned and City owned utilities TWA Yes Yes; however, private lift stations are not allowed for residential projects (including single & multi family, duplex, apartment complexes, condominiums, townhomes, short-term rentals, and timeshares). Private lift stations are not allowed for multiple-owner projects or projects that may foreseeably lead to a future fractured ownership Separation requirements follow FDEP minimums instead of TWA requirements. Otherwise they are the same Same as conveyed utilities Will not take ownership of private systems unless mandated by FDEP 16.C.2.aPacket Pg. 1428Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities
Collier County Utility Conveyance Policies and Procedures Case Study 18 081219 Table 3-4. Summary of Privately Owned Facilities (continued) Utility Existing privately owned facilities in service area? Are new privately owned facilities allowed? Development review process different for privately owned facilities? Extent of inspection/oversight during construction Are existing privately owned facilities accepted by utility? Martin County Yes Yes; if they are the sole use of a single property owner, then they may be private Private infrastructure is reviewed for compliance with FDEP rules, and it is recommended, but not required that they meet MCU standards Reviewed for conformance with FDEP rules including review of record drawings Yes; however, private utilities must be brought to City standards prior to acceptance. A one-year surety is also required Orange County Yes; any utility located on private property is privately owned Yes; strong push to end public ownership of right-of-way. Shopping plazas, condominiums, townhome complexes, or similar, are master-metered. Individually owned townhomes are individually metered, single parcel shopping centers or condos are master-metered Yes; Construction plans must be approved by county, but project doesn't necessarily have to meet county standards Because the owner/developer pays impact fees, they are treated the same as utility-owned project with periodic inspections and testing requirements The county does not accept privately owned systems and has consistently applied a firm stance on this issue 16.C.2.aPacket Pg. 1429Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities
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3.3 SMALL PROJECTS
The general response from the utilities survey is that the conveyance process is the same regardless of the size of
the development or amount of facilities conveyed. However, a few utilities responded that within the process some
accommodations may be made. Port St. Lucie stated that surveyed as-builts are sometimes not required for
acceptance of smaller facilities.
Table 3-5. Summary of Smaller Utility Improvement Policies
Utility Acceptance policy for smaller utility
improvements
Is there a shortcut to the standard
conveyance process for smaller utility
improvements?
Collier County Same for larger facilities No exceptions, only through utility deviation
process
Port St. Lucie Same for larger facilities
Surveyed as-builts may not be required for
a small utility improvement such as a 2-inch
or smaller pipe and may be done by City
staff
City of Orlando No answer No
TWA Same for larger facilities No
Martin County Same for larger facilities No
Orange County Same for larger facilities
The review time and inspection scheduling
may be accelerated, but not a formal part of
the process
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4.0 SUMMARY AND ANALYSIS
4.1 MAINTENANCE PERIOD
In considering the revision of the ownership requirement during the maintenance period, the County must consider
what protections might be lost and balance those protections in its revised system. In the 2015 study it was noted
that the County currently has the highest level of protection against substandard facilities, requiring a warranty,
UPS, and Applicant ownership of the facilities during the maintenance period. The utilities surveyed in this study
assume ownership at the beginning of the warranty period and although there are specific nuances to each utility,
the processes overall are similar. All of the utilities surveyed expressed overall satisfaction with the process. It is
worth noting that the occurrence of substandard facilities requiring use of the warranty or a draw on the UPS is rare
across all utilities and, given the preference, the warranty seems to be the preferred instrument for correcting
substandard facilities.
Compared to the utilities surveyed, the County’s process has all of the major elements for addressing substandard
facilities. The inspection requirements are on par with the survey and the warranty and UPS requirements are
similar if not better. Overall the County’s process should be readily amenable to the transition with a minor shift in
the approval process being the primary change. The County may want to consider extending the maintenance
period from one to two years, like the City of Orlando, to provide a longer time frame for facility deficiencies to
manifest. In addition, it is important that the County maintain its requirement for a full facility inspection near the end
of the maintenance process and prior to discharge of the UPS.
4.2 PRIVATE FACILITIES
Most utility systems surveyed treat private facilities in a manner similar to the County. The documentation and
inspection requirements are the same as if the facilities were being conveyed. Private facilities that serve more than
one owner are viewed as potentially reverting to the utility and as a result such projects are discouraged, not
allowed, or at a minimum required to be built to utility standards. About half of the utilities surveyed require their
standards for private facilities.
Transfer of previously constructed private facilities occurs rarely and in some cases is prohibited or allowed only
under FDEP mandate. Where a transfer is allowed the utilities have polices in place to offset the risk of acquiring
substandard facilities. Utilities that do accept these facilities have a requirement that they must be brought to the
prevailing utility standards prior to the transfer and at least one utility requires a UPS and a one year maintenance
period.
4.3 SMALL PROJECTS
In general, the conveyance process for smaller projects are subject to the same as larger projects. Some utilities
may expedite the review process or reduce some of the documentation but it is on a case-by-case basis. None of
the exceptions, however, seem to increase the risk to the utility of receiving sub-standard facilities.
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Ordinance Change Summary
Line
Numbers
Code of
Laws Section Description
51-71 Sec. 134-56(a) Simplified the definition of “District service area”
76-77 Sec. 134-56(a) Removed reference to preliminary acceptance language from
"Final acceptance" definition
79-80 Sec. 134-56(a)
Removed "one year sewer viewer report and video" and "final"
from, and added “attorney's affidavit” to, "Final acceptance
obligations" definition
88-93 Sec. 134-56(a) Removed reference to preliminary acceptance language from
"Inspection" definition
97-99 Sec. 134-56(a) Deleted definition of "Preliminary acceptance"
103-106 Sec. 134-56(a)
Added language to "Transmission mains" definition to include
wastewater force mains (12+ inches in diameter), and clarify
water types being transmitted
116-118 Sec. 134-56(a) Deleted clause regarding private property from the definition of
"Utilities performance security"
122-123 Sec. 134-56(a) Added a definition for "Warranty period"
131-249 Sec. 134-58(e) Eliminated the final acceptance obligations cash bond
137-165 Sec. 134-58(e)(1) Clarified when the utilities performance security (UPS) is not
required
171-217 Sec. 134-58(e)(2) Clarified that the one-year duration of the UPS is the Warranty
Period, beginning upon recordation of conveyance documents
220-229
264-299
360-361
Sec. 134-58(e)(5)
Sec. 134-59(e)-(f)
Sec. 134-60(c)
Deleted section requiring the final utility inspection before
release of UPS to consolidate Preliminary and Final Utility
Inspections
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Line
Numbers
Code of
Laws Section Description
231-250 Sec. 134-58(e)(6) Added language requiring county staff to schedule agenda item
for the next available regular BCC meeting for release of the UPS
255-256 Sec. 134-58(f)(1) Deleted the preliminary work authorization (PWA)
321-322 Sec. 134-60(a) Removed reference to preliminary acceptance (who grants
preliminary acceptance)
324-325 Sec. 134-60(a) Deleted parenthetical regarding 1-year warranty as a prerequisite
for final acceptance
353-358 Sec. 134-60(b)(6) Deleted stamp requirement for Exhibit B of the Warranty Deed
and Bill of Sale
378-379 Sec. 134-61 Clarified advertising language for Resolutions that amend the
standards manual
391-392 Sec. 134-64 Revised document signing requirements regarding submission
timeframes for legal documents
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ORDINANCE NO. 2021 - ____ 1
2
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 3
NO. 2004-31, AS AMENDED, KNOWN AS THE COLLIER COUNTY 4
UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AS 5
CODIFIED IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF 6
LAWS AND ORDINANCES, TO UPDATE THE REGULATIONS 7
GOVERNING THE INSTALLATION OF SUSTAINABLE AND SAFE 8
UTILITIES INFRASTRUCTURE WITHIN THE COUNTY; PROVIDING 9
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION 10
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 11
AN EFFECTIVE DATE. 12
13
WHEREAS, on May 11, 2004, the Board of County Commissioners of Collier County, 14
Florida, as the Governing Body of Collier County, Florida, and as the Ex-Officio Governing Board 15
of the Collier County Water-Sewer District, concurrently adopted Collier County Ordinance No. 16
2004-31, known as the Collier County Utilities Standards and Procedures Ordinance, together with 17
the Utilities Standards Manual, including all of the Manual’s exhibits (the “Ordinance”). These 18
documents provide County procedures and guidelines for the design, construction and repair of 19
both privately constructed and County constructed utility systems in Collier County; and 20
21
WHEREAS, Collier County Ordinance No. 2004-31 has been previously amended by 22
Ordinance Nos. 2006-48, 2007-60, and 2018-36, and by numerous Resolutions amending the 23
Collier County Water-Sewer District Utilities Standards Manual, which is incorporated by 24
reference into the Ordinance; and 25
26
WHEREAS, a 2017 benchmarking study by Tetra Tech that was updated and expanded in 27
2019 and discussions amongst staff and the Development Services Advisory Committee (DSAC) 28
Utilities Subcommittee prompted proposed amendments to the Ordinance; and 29
30
WHEREAS, the Board wishes to update the Collier County Utilities Standards and 31
Procedures Ordinance to simplify and optimize the County’s conveyance process in ways that are 32
mutually beneficial to the County and the land development industry while preserving high-quality 33
and best-value utility services to Collier County Public Utilities customers. 34
35
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 36
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY 37
OF COLLIER COUNTY, FLORIDA, AND AS THE EX-OFFICIO GOVERNING BOARD 38
OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that 39
40
SECTION ONE: The following Sections of Ordinance No. 2004-31, as amended, and 41
codified in Chapter 134, Article III, of the Code of Laws and Ordinances 42
are amended as follows: 43
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Sec. 134-56. - Definitions and abbreviations. 44
45
* * * * * 46
47
District service area: All geographic areas where the District is then authorized to provide potable 48
water and/or wastewater service, and/or non-potable irrigation water, and/or bulk service, by 49
general law or by Special Act(s) of the Florida Legislature, including all such geographic areas 50
then being served with interim service by any other service provider. The following areas are not 51
included in the District's Service Area (1) All geographic areas within the geographic boundaries 52
of each municipality as those municipal boundaries existed on the effective date of Chapter 2003-53
353, Laws of Florida; and (2) all areas within the City of Golden Gate (which is not a municipal 54
corporation) as such area is now or hereafter defined in subsection 5(C) of Section 3 of Chapter 55
2003-353, Laws of Florida); and (3) all area within the geographic boundaries the Immokalee 56
Water and Sewer District; and (4) all area within the geographic boundaries of each utility service 57
area then actively certificated to the subject utility by the Collier County Water-Wastewater (or 58
hereafter by the Florida Public Service Commission in the event the County cedes such Chapter 59
367, Florida Statutes, jurisdiction back to the FPSC (for as long as such certificated area is viable). 60
Except as to the geographic areas listed herein, this section applies to each person or entity, lessee, 61
trustee and/or receiver, owning, operating, managing, or controlling such facilities of system, or 62
proposing construction of such facilities and/or system, who or which is providing or proposes to 63
provide any such service, or any combination thereof, within the unincorporated area of the county 64
except: 65
66
(1) Property used solely or principally in the business of bottling, selling, distributing or 67
furnishing bottled water; and 68
69
(2) Subject to Chapter 2003-353, Laws of Florida, such facilities or system(s) owned, 70
operated, managed, or controlled by another government or governmental agency. 71
72
* * * * * 73
74
Final acceptance: Acceptance by the board of potable water, non-potable irrigation water and/or 75
wastewater systems at least one year after preliminary acceptance, and after satisfactory 76
completion of all final acceptance obligations. 77
78
Final acceptance obligations: These include reimbursed recording fees, one-year sewer viewer 79
report and video, final utility inspection, attorney’s affidavit and final attorney's affidavit. 80
81
* * * * * 82
83
Inspection: Periodic construction site visits by a county representative, the purpose of which is to 84
ascertain/ensure compliance with county-approved construction documents and applicable 85
ordinances, codes and statutes. Such periodic visits shall occur, but not be limited to, during 86
construction of the potable water, non-potable irrigation water and/or wastewater additions, 87
extensions and/or improvements (including road/transportation utilities relocate projects), and 88
after completion of construction (for preliminary acceptance prior to conveyance of the required 89
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potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof to 90
the district), and after the one year contractual guarantee period (for final acceptance of the potable 91
water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof by the 92
county). 93
94
* * * * * 95
96
Preliminary acceptance: Potable water, non-potable irrigation water and wastewater systems 97
conveyance to the board after satisfactory completion of inspections, tests, and certifications but 98
not including final inspections. 99
100
* * * * * 101
102
Transmission mains: Potable water mains 16 inches in diameter and larger that distribute water 103
over a regional or sub-regional area, wastewater force mains 12 inches in diameter and larger, and 104
non-potable irrigation water mains six inches in diameter or greaterand larger, and. Also includes 105
water mains used to transport well raw water from a wells to a potable water treatment plant. 106
107
* * * * * 108
109
Utilities performance security (UPS): A performance bond, cash bond, irrevocable letter of credit, 110
or other authorized form of security furnished by the developer to the county or the district, prior 111
to recording of plat or conveyance of utility facilities, (potable water and/or wastewater facilities) 112
and/or non-utility facilities (reclaimed or supplemental water facilities) to guarantee the 113
construction, workmanship and/or materials for the warranty period after the utility system(s) or 114
portion(s) and the non-utility facilities and portions thereof have been conveyed to the county, 115
district, or other appropriate water-sewer district, or upon completion of the utility system(s) or 116
portion(s) and the non-utility systems and portions thereof when construction occurs on private 117
property. (Refer to section 134-58(e): Utilities performance security.) 118
119
* * * * * 120
121
Warranty period: A one-year timeframe following recording of the conveyance documents during 122
which the County holds the developer’s utilities performance security. 123
124
* * * * * 125
126
Sec. 134-58. - Construction approval and document submissions. 127
128
* * * * * 129
130
(e) Utilities performance security and final acceptance obligations cash bond. 131
132
(1) Notwithstanding any other provision(s) in this ordinance, the developer shall be 133
required to furnish a final acceptance obligations cash bond to staff in the amount 134
of $4,000.00 and a utilities performance security ("UPS") in an amount equal to 135
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110 percent of the engineer's estimated probable cost of construction for potable 136
water, non-potable irrigation water (where applicable) and/or wastewater system(s) 137
or portion(s) thereof that will be conveyed to the District or $10,000.00, whichever 138
is greater. The developer shall submit the final acceptance obligations cash bond 139
and UPS withprior to final construction documentsrecording the plat. The UPS 140
must be approved by the Collier County Attorney's Office prior to commencement 141
of utility constructionrecording the plat. The final acceptance obligations cash bond 142
shall be required, but aA UPS is not required for the construction phase of a project, 143
provided development is occurring on private, non-subdivided property where the 144
only water distribution, non-potable irrigation water, and/or wastewater 145
infrastructure to be conveyed to the District are service extensions to the project 146
boundary, provided the construction cost of said service extensions does not exceed 147
$100,000.00, or if the UPS has been previously provided to the County or District, 148
pursuant to the LDC requirements. Upon conveyance of utility system(s) or 149
portion(s) thereof to the District, the developer may request a reduction of the UPS 150
for infrastructure installed and inspected to an amount equal to ten percent of the 151
cost of utility construction but not less than $10,000.00. , or if the UPS has been 152
previously provided to the county or district, pursuant to the LDC requirements. A 153
UPS shall be required on all projects during the guarantee or warranty period as 154
described in this ordinance. The final acceptance obligations cash bond is to 155
reimburse the county or district for any and all late fees and all direct and indirect 156
expenses incurred by the county or district that would not have been incurred if all 157
duties and responsibilities had been promptly performed by the responsible party 158
as required by this ordinance, including, and not limited to, final attorney's affidavit, 159
all costs of final utility inspection(s), recording fees, one-year sewer viewer report, 160
video, costs of mailing or otherwise providing all notices, and emergency repairs 161
and/or maintenance to the respective utility system conducted by the county or 162
district with regard to any such utility facilities. The minimum amount of this final 163
acceptance obligations cash bond can be changed from time to time by summary 164
agenda resolution(s) of the board of county commissioners. Staff may summarily 165
waive the UPS requirement when the utility facilities/systems are being constructed 166
by, or on behalf of, another governmental entity, such as, but not limited to, the 167
Collier County School Board, a fire district, the State of Florida or any agency 168
thereof, or the Government of the United States or any agency thereof. 169
170
(2) Upon preliminary conveyance of utility system(s) or portion(s) thereof to the 171
county, the developer may request a reduction in the UPS in an amount equal to ten 172
percent of the probable cost of utility construction for the required guarantee or 173
warranty period. For completion of system(s) or portion(s) thereof constructed on 174
private, non-subdivided property, a ten percent UPS shall be provided to, and 175
accepted by, the county or district prior to preliminary final acceptance of the 176
completed utility system(s) or portion(s) thereof. Whenever reasonably possible, 177
the UPS amount shall be based on the actual bid price of the potable water, non -178
potable irrigation water (where applicable) and/or wastewater system(s) or 179
portion(s) thereof that will be conveyed to the District. Whenever a bid price is 180
utilized, a copy of the accepted bidder's proposal form shall be submitted with the 181
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UPS. An opinion of probable construction cost signed and sealed by a Florida 182
licensed professional engineer will suffice when the actual bid price is not available. 183
The UPS shall be held by the county or district until the end of the warranty period 184
and shall secure and cover the performance of the developer in constructingon and 185
maintaining the subject permitted potable water, non-potable irrigation water 186
and/or wastewater additions, extensions and/or improvements in accordance with 187
the Manual. Acceptable UPS forms shall be a performance bond, cash bond, 188
irrevocable letter of credit, or escrow agreement. The UPS must specify that the 189
security shall not cease unless and until a year after the board has finally accepted 190
the utility system(s) that are covered by the UPS. No other form of security will be 191
accepted unless a waiver of the requirements herein is granted by the board. All 192
surety companies associated with a performance bond shall hold a current 193
certificate of authority, as issued by the treasury department, as an acceptable surety 194
on federal bonds under an Act of Congress approved July 30, 1947. 195
196
* * * * * 197
198
(4) The issuer of any letter of credit shall be a federally insured and regulated savings 199
and loan association or commercial bank, authorized to do, and doing business, in 200
the State of Florida. The place of expiry must be in Florida. Any letter of credit 201
must be irrevocable for at least 24 months and must apply to both the construction 202
and maintenance obligations of the developer and all final utility acceptance 203
obligations, including late fees, and must be acceptable to the Collier County 204
Attorney. The beneficiary of any letter of credit shall be the board. The beneficiary 205
of a letter of credit provided as a UPS shall be entitled to draw on the letter of credit 206
if: 207
208
a. The developer has failed to construct or maintain the subject potable water, non-209
potable irrigation water and/or wastewater improvements; or has failed to fully 210
perform all final acceptance obligations. Final acceptance obligations must be 211
submitted to community development and environmental services, engineering 212
services division within 14 months following preliminary acceptance. 213
214
b. The letter of credit is scheduled to expire prior to final acceptancethe end of the 215
warranty period, as described in subsection 134-60(c) herein, and alternative 216
performance security has not been provided and accepted in accordance with 217
this ordinance within three business days prior to the expiration date. 218
219
(5) A final utility inspection of the subject potable water, non-potable irrigation water 220
and/or wastewater system(s) or portion(s) thereof shall be conducted prior to release 221
of a UPS. All construction and maintenance obligations covered by a UPS shall be 222
guaranteed and maintained by the developer until satisfactory completion of the 223
final utility inspection. To schedule the final utility inspection, the county staff shall 224
provide written notice to the engineer of record, if practicable, approximately 30 225
days prior to the completion of the one-year period from acceptance by the county, 226
the district or the board of the system(s) or portion(s) thereof. The representatives 227
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of the county, engineer of record, contractor, and developer shall conduct final 228
utility inspection. 229
230
(65) The final acceptance obligations cash bond and the UPS shall remain, at all times, 231
in full force and effect until the board approves final acceptancefor the duration of 232
the warranty period. Upon such approvalexpiration of the warranty period, the 233
county staff shall schedule an agenda item for the next available regular BCC 234
meeting recommending return and release of the UPS to the project engineer or the 235
developer's designated agent and shall return the then-due payment balance, if any, 236
of the final acceptance obligations cash bond, without interest, to the entity that 237
supplied the final acceptance obligations cash bond. The provider of the cash bond 238
shall be strictly responsible to promptly keep county staff advised of sufficient 239
mailing return information to facilitate return of the then-due cash bond balance. If 240
the provider of the final acceptance obligations cash bond does not notify staff in 241
writing to the contrary, the final acceptance obligations cash bond shall run with 242
the land if the land is sold or otherwise transferred in the interim and in such event 243
shall be returned to the then-current landowner(s) or, if applicable, owner's of the 244
common areas, such as the condominium association or developer's association. If 245
due to default of the provider of the final acceptance obligations cash bond, it is not 246
possible for staff to ascertain the refundable amount of the bond within four years 247
of the date of delivery of that cash bond to the county and the district, the cash bond 248
shall be forfeited to the public utilities department after deducting all then known 249
obligations payable out of that bond. 250
251
(f) Construction commencement. Potable water, non-potable irrigation water and/or wastewater 252
system construction shall commence only after receipt of the following: 253
254
(1) a. Final written approval of the construction documents., or 255
b. Preliminary work authorization (PWA) approval as outlined in the LDC. 256
257
* * * * * 258
259
Sec. 134-59. Construction observation and inspection. 260
261
* * * * * 262
263
(e) Preliminary inspections. A preliminary inspection of the completed system(s) or portion(s) 264
thereof shall be required prior to any conveyance to and acceptance by the board. During 265
this inspection, the utilities will be checked for compliance with the approved construction 266
drawings and/or approved revised construction drawings. All systems must be found to be 267
in full compliance with the county-approved construction drawings, or county-approved 268
revised construction drawings, prior to conveyance to the board for acceptance. Refer to 269
section 134-60: Utilities conveyance procedures. 270
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(ef) Final utility inspections. 271
272
(1) Final utility inspections procedures run with all land in, on or over which the 273
respective utility facilities have been installed (constructed). The final utility 274
inspection of the completed system(s) or portion(s) thereof shall be required prior 275
to final acceptance by the Board. shall be conducted no earlier than one year and 276
no later than one year and 60 days after preliminary acceptance of the utility 277
system(s) or portion(s) thereof by the board. Each final utility inspection shall be 278
delinquent (overdue) if not completed and passed within 14 months after that 279
acceptance date. During this inspection, the utility system(s) or portion(s) thereof 280
shall be examined for any defect in materials and/or workmanship, and for physical 281
and operational compliance with the county staff approved record construction 282
drawings. The UPS shall remain in effect until all final utility acceptance 283
obligations have been satisfactorily completed, passed and final acceptance has 284
been granted by the board. Refer to section 134-60: Utilities conveyance policies 285
and procedures. 286
287
(2) Delinquent final utility inspections. Staff shall provide written notice of overdue final 288
utility inspections and other failures to comply with final utility inspection requirements, 289
including all final utility acceptance obligations. The notice shall allow 60 days after 290
receipt of the notice to comply fully with all final acceptance procedures. Any utility 291
facilities that have not passed all final acceptance obligations not later than 60 days after 292
receipt of the notice shall subject the service site and all units served by the utility facilities 293
to all penalty provisions of this ordinance, including withholding of all additional county 294
permits, permissions and authorizations regarding those sites and units, including, but not 295
limited to, site development or site improvement plans, construction permits, and/or any 296
amendments to any of the same. Subject to staff providing the notice, these provisions 297
apply to final utility inspections that were delinquent prior to the effective date of this 298
subsection. 299
300
Sec. 134-60. Utilities conveyance policies and procedures. 301
302
(a) General. All utility facilities to be conveyed to the county or district, at the time of 303
conveyance to the county or the district must comply with this ordinance and with all then 304
applicable standards and specifications. Nothing in this ordinance requires that the county 305
or the district must accept title to or any responsibility for any utility facility, including 306
each interim facility or interim system, until the facility or system has then received all 307
proper permits/licenses from all applicable agencies prior to and during the construction, 308
expansion, repair and/or maintenance or completion of each such utility facility or interim 309
utility facility or interim system and the facility, interim facility and/or interim system, then 310
complies with all applicable rules and regulations of all federal, Florida and/or local 311
regulatory authorities or agencies, and of this ordinance, the utility standards manual and 312
all of the documents then incorporated by reference in that manual, and each such facility, 313
interim facility and/or interim system is not then under litigation, enforcement action, 314
claims and/or liens prior to the transfer and/or entering into a facilities agreement 315
associated with the district or other independent district utility. Subject to these 316
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requirements, potable water, non-potable irrigation water and/or wastewater systems or 317
portion(s) thereof, after public utilities department approval (if applicable), shall be offered 318
to be conveyed to and accepted by the board. The board will accept title to the offered 319
facilities unless in the specific instance there exists good reason not to accept title to such 320
facilities. Preliminary acceptance shall, after public utilities department approval (if 321
applicable), be granted by the growth management department administrator or designee. 322
Upon approval from the public utilities division, final acceptance of such facilities and/or 323
system may be approved by the board (subsequent to the one year warranty period) and 324
after all final acceptance obligations and requirements have been complied with. All 325
facilities and/or systems shall be located within a CUE (or public right-of-way) if they are 326
to be owned, operated and/or maintained by the county or the district. Neither the county 327
nor the district shall have no duty with regard to, or any responsibility for, any utility 328
facilities until title to such utility facilities has been finally accepted by the board. 329
Notwithstanding that neither the county nor the district has any duty with respect to such 330
facilities or systems, in the event that county staff deems that due to necessity (emergency) 331
the county or the district should expend money and/or perform labor to repair, replace, 332
maintain, relocate, remove or have a contractor or other entity perform any other similar 333
activity with regard to such utility facilities or system, the board is authorized to record a 334
claim of lien against the property, site(s) or units(s) that were responsible for such utility 335
facilities (or system) at the time the county staff deemed it necessary to act. 336
337
* * * * * 338
339
(b) Conveyance documents. Upon the county's (or district's) final approval of construction 340
documents, engineering review services division director (county engineer) or designee 341
shall provide the developer with the county's checklist (see standards manual appendix) of 342
conveyance documents required for submission at the time the constructed system(s) or 343
portion(s) thereof is considered for dedication to county or district. 344
345
* * * * * 346
347
(6) Exhibit B to the warranty deed, bill of sale or combined warranty deed/bill of sale 348
shall be a sketch or other graphic representation showing the physical location of 349
the utility facilities being conveyed to the county or district. It is preferable that the 350
Exhibit B be to scale. Each Exhibit B must describe the facilities being conveyed 351
by type (water line, wastewater line, lift station, etc.). Staff shall stamp each such 352
Exhibit B with a stamp that reads substantially as follows (with blank spaces 353
completed with correct information): 354
355
"The Utility Facilities being conveyed are shown on plans prepared by _______, 356
sheets thru _______, dated the _______ day of _______, 20___. These Drawings 357
have been assigned AR number _______." 358
359
(c) Inspection. County staff shall require both preliminary and a final utility inspection of all 360
potable water, non-potable irrigation water and wastewater systems or portion(s) thereof 361
constructed. The construction of all potable water, non-potable irrigation water and/or 362
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wastewater systems or portion(s) thereof shall be observed and certified by the engineer of 363
record and shall be inspected by the county. Refer to subsection 134-59(d): Construction 364
observation and inspection. 365
366
* * * * * 367
Sec. 134-61. Amendments. 368
369
County staff may recommend amendments to this article (including the manual and 370
documents incorporated by reference into the manual) as may be deemed necessary or appropriate 371
by the public utilities administrator and, in case of actual or possible conflict with the LDC, upon 372
the additional prior review by the growth management administrator (it being understood that the 373
LDC controls to the extent of such conflicts). Revisions to the standards manual should be made 374
periodically by the public utilities administrator to reflect the best engineering practices, 375
technology advances, compliance with other agencies, and public input, if any. Such revisions 376
shall also be reviewed by the parties listed above. Revisions to the standards manual must be 377
approved by an advertised Resolution of the board of county commissioners. Each such resolution 378
must be placed on the BCC agenda under scheduled advertised public hearings or in the summary 379
agenda section. 380
381
* * * * * 382
383
Sec. 134-64. Appendix A—Standard legal documents. 384
385
* * * * * 386
387
INSTRUCTIONS. 388
389
[Unless waived in writing by the reviewing Assistant County Attorney in the specific instance, the 390
date of each document cannot be signed and dated more than sixty (60) days prior to the meeting 391
at which the Board of County Commissioners will consider its acceptancesubmittal of the subject 392
utility facility documents.] 393
394
* * * * * 395
396
SECTION TWO: Conflict and Severability. 397
398
In the event this Ordinance conflicts with any other Ordinance of Collier County or other 399
applicable law, the more restrictive shall apply. The provisions of this Ordinance, including the 400
Standards Manual, shall be liberally construed to effectively carry out its purposes in the interest 401
of public health, safety, welfare, and convenience. If any court of competent jurisdiction holds 402
any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a 403
separate, distinct and independent provision and such holding shall not affect the validity of the 404
remaining portion. 405
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SECTION THREE: Inclusion in the Code of Laws and Ordinances. 406
407
The provisions of this Ordinance shall become and may be made a part of the Code of 408
Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered 409
or re-lettered to accomplish such, and the word “Ordinance” may be changed to “Section,” 410
“Article,” or any other appropriate word. 411
412
SECTION FOUR: Effective Date. 413
414
This Ordinance shall take effect upon filing with the Florida Department of State. 415
416
417
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, 418
Florida, as the Governing Body of Collier County, Florida, and as the Ex-Officio Governing Board 419
of the Collier County Water-Sewer District, this 13th day of July, 2021. 420
421
422
ATTEST:
CRYSTAL K. KINZEL, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY,
FLORIDA, AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
By: ________________________
Deputy Clerk
By: __________________________________
Penny Taylor, Chairman
423
424
425
Approved as to Form and Legality: 426
427
428
______________________________ 429
Derek D. Perry 430
Assistant County Attorney 431
16.C.2.c
Packet Pg. 1443 Attachment: Attachment 3 - Ordinance - Numbered (16083 : Permission to advertise the Utilities Ordinance)
ORDINANCE NO. 2021 -
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 2004-31, AS AMENDED, KNOWN AS THE COLLIER COUNTY
UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AS
CODIFIED IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF
LAWS AND ORDINANCES, TO UPDATE THE REGULATIONS
GOVERNING THE INSTALLATION OF SUSTAINABLE AND SAFE
UTILITIES INFRASTRUCTURE WITHIN THE COUNTY; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on May 11, 2004, the Board of County Commissioners of Collier County,
Florida, as the Governing Body of Collier County, Florida, and as the Ex-Officio Governing Board
of the Collier County Water-Sewer District, concurrently adopted Collier County Ordinance No.
2004-31, known as the Collier County Utilities Standards and Procedures Ordinance, together with
the Utilities Standards Manual, including all of the Manual’s exhibits (the “Ordinance”). These
documents provide County procedures and guidelines for the design, construction and repair of
both privately constructed and County constructed utility systems in Collier County; and
WHEREAS, Collier County Ordinance No. 2004-31 has been previously amended by
Ordinance Nos. 2006-48, 2007-60, and 2018-36, and by numerous Resolutions amending the
Collier County Water-Sewer District Utilities Standards Manual, which is incorporated by
reference into the Ordinance; and
WHEREAS, a 2017 benchmarking study by Tetra Tech that was updated and expanded in
2019 and discussions amongst staff and the Development Services Advisory Committee (DSAC)
Utilities Subcommittee prompted proposed amendments to the Ordinance; and
WHEREAS, the Board wishes to update the Collier County Utilities Standards and
Procedures Ordinance to simplify and optimize the County’s conveyance process in ways that are
mutually beneficial to the County and the land development industry while preserving high-quality
and best-value utility services to Collier County Public Utilities customers.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY, FLORIDA, AND AS THE EX-OFFICIO GOVERNING BOARD
OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that
SECTION ONE: The following Sections of Ordinance No. 2004-31, as amended, and
codified in Chapter 134, Article III, of the Code of Laws and Ordinances
are amended as follows:
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Sec. 134-56. - Definitions and abbreviations.
jf: sjc :Jc s|c :Jc
District service area: All geographic areas where the District is then authorized to provide potable
water and/or wastewater service, and/or non-potable irrigation water, and/or bulk service, by
general law or by Special Act(s) of the Florida Legislature, including all such geographic areas
then being served with interim service by any other service provider. The following areas are not
meiuded in the District's Service Area (1) All geographic areas within the geographic boundaries
ef each municipality as those municipal boundaries existed on the effective date of Chapter 2003-
353, Laws of Florida; and (2) all areas within the City of Golden Gate (which is not a municipal
corporation)-as such area is now or hereafter defined in subsection 5(C) of Section 3 of Chapter
2003 353,-Laws of Florida); and (3) all area within the geographic boundaries the Immokalee
Water and Sewer District; and (4) all area within the geographic boundaries of each utility service
area then actively certificated to the subject utility by the Collier County Water-Waste water (or
hereafter by the Fforida Public Service-Commission in the event the County cedes such Chapter
367, Florida Statutes, jurisdiction back to the FPSC (for-as long as such certificated area is viable).-
Except as to the geographic areas listed herein, this section applies to each person or entity, lessee,
trustee and/or receiver, owning, operating, managing, or controlling such facilities of system, or
proposing construction of such facilities and/or system, who or which is providing or proposes-to
provide nnysuch service, or any combination thereof, within the unincorporated area of the county
except:
(T)—Property used solely or principally in the business of bottlingv-s&Hing, distributing or
furnishing bottled water; and
Subject to Chapter--2O03 353, Laws of Florida, such facilities or system(s) owned;
operated, managed, or controlled by-another government or governmental agency.
m
Final acceptance: Acceptance by the board of potable water, non-potable irrigation water and/or
wastewater systems at least one yeanafter-preliminary-ae-eeptance, and after satisfactory
completion of all final acceptance obligations.
Final acceptance obligations: These include reimbursed recording fees, one-year sewer-viewer
report and video, final utility inspection, attorney’s affidavit and final attorney's affidavit.
Inspection: Periodic construction site visits by a county representative, the purpose of which is to
ascertain/ensure compliance with county-approved construction documents and applicable
ordinances, codes and statutes. Such periodic visits shall occur, but not be limited to, during
construction of the potable water, non-potable irrigation water and/or wastewater additions,
extensions and/or improvements (including road/transportation utilities relocate projects), and
after completion of construction (for preliminary acceptance prior-te-c-onveyance of the required
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potable water, non potable-irrigation water and/or wastewater system(s) or portion(s) thereof to
the district), and after the one year contractual guarantee period (for final acceptance of the potable
water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof by the
county).
Preliminary acceptance-. Potable water, non-potable irrigation water and wastewater systems
conveyance to the board after satisfactory completion of inspections, tests, and certifications but
not including final inspections.
Transmission mains: Potable water mains 16 inches in diameter and larger that distribute water
over a regional or sub regional area, wastewater force mains 12 inches in diameter and larger, and
non-potable irrigation water mains six inches in diameter or greaterand larger, and. Also includes
water mains used to transport we-h-raw water from a-wells to a potable water treatment plant.
Utilities performance security (UPS): A performance bond, cash bond, irrevocable letter of credit,
or other authorized form of security furnished by the developer to the county or the district, prior
to recording of plat or conveyance of utility facilities, (potable water and/or wastewater facilities)
and/or non-utility facilities (reclaimed or supplemental water facilities) to guarantee the
construction, workmanship and/or materials for the warranty period after the utility system(s) or
portion(s) and the non-utility facilities and portions thereof have been conveyed to the county,
district, or other appropriate water-sewer district, or upon completion of the utility system(s) or
portion(s) and the non utility systems and portions thereof when construction occurs on private
property. (Refer to section 134-58(e): Utilities performance security.)
Warranty period: A one-year timeframe following recording of the conveyance documents during
which the County holds the developer’s utilities performance security.
Sec. 134-58. - Construction approval and document submissions.
(e)Utilities performance security and final acceptance obligations cash bond.
(1)Notwithstanding any other provision(s) in this ordinance, the developer shall be
required to furnish a final acceptance obligations cash bond to staff in the amount
of $U000-00 and a utilities performance security ("UPS") in an amount equal to
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110 percent of the engineer's estimated probable cost of construction for potable
water, non-potable irrigation water (where applicable') and/or wastewater system(s)
or portion(s) thereof that will be conveyed to the District or $10,000.00, whichever
is greater. The developer shall submit the final acceptance obligations cash bond
and UPS withprior to final construction documentsrecording the plat. The UPS
must be approved by the Collier County Attorney's Office prior to commencement
of utility constructionrecording the plat. The final acceptance obligations cash bond
shah be required, but-aA UPS is not required for the construction phase of a project;
provided development is occurring on private, non-subdivided-pr-operty where the
only water distribution, non-potable irrigation water, and/or wastewater
infrastructure to be conveyed to the District are service extensions to the project
boundary, provided the construction cost of said service extensions does not exceed
$100,000.00, or if the UPS has been previously provided to the County or District,
pursuant to the LDC requirements. Upon conveyance of utility system(s) or
portion(s) thereof to the District, the developer may request a reduction of the UPS
for infrastructure installed and inspected to an amount equal to ten percent of the
cost of utility construction but not less than $10,000.00. , or if the UPS has been
previously provided to the county or district, pursuant to the LDC requirements. A
UPS shall be required on all projects during the guarantee or warranty period as
described in this ordinance. The final acceptance obligations-cash bond is to
reimburse the county or-district for-any and all late-fees-and all direct and indirect
expenses incurred by the county or district that would not have been incurred if all
duties and responsibihties-had been promptly performed by the responsible party
as-required by this ordinance, including, and not limited to, final attorney's-affidav-it;
ail costs of final utility inspection(s), recording fees, one-year sewer viewer report;
video, costs of mailing-er otherwise providing all-notices, and emergency repairs
and/or maintenance to the respective utility system conducted by the county or
district with regard to any such utility facilities. The minimum amount of this final
acceptance obligations cash bond can be changed from time to time by summary
agenda resolution(s) of-the board of-eounty commissioners-Staff may summarily
waive the UPS requirement when the utility facilities/systems are being constructed
by, or on behalf of, another governmental entity, such as, but not limited to, the
Collier County School Board, a fire district, the State of Florida or any agency
thereof, or the Government of the United States or any agency thereof.
(2)Upon preliminary conveyance of utility system(s) or portion(s) thereof to the
county, the developer may request a reduction in the UPS in an amount equal to ten
percent of the probable cost of utility construction for the required guarantee or
warranty period. For completion of system(s) or portion(s) thereof constructed on
private, non subdivided property, a ten percent UPS shall be provided to, and
accepted by, the county or district prior to preliminary final aceeptanee-ef-the
completed-utility system(s) or portion(s) thereof Whenever reasonably possible,
the UPS amount shall be based on the actual bid price of the potable water, non-
potable irrigation water (where applicable) and/or wastewater svstem(s) or
portion(s') thereof that will be conveyed to the District. Whenever a bid price is
utilized, a copy of the accepted bidder's proposal form shall be submitted with the
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UPS. An opinion of probable construction cost signed and sealed by a Florida
licensed professional engineer will suffice when the actual bid price is not available.
The UPS shall be held by the county or district until the end of the warranty period
and shall secure and cover the performance of the developer in constructingen-and
maintaining the subject- permitted potable water, non-potable irrigation water
and/or wastewater additions, extensions and/or improvements in accordance with
the Manual. Acceptable UPS forms shall be a performance bond, cash bond,
irrevocable letter of credit, or escrow agreement. The UPS must specify that the
security shall not cease unless and until a year after the board has finally accepted
the utility system(s) that are covered by the UPS. No other form of security will be
accepted unless a waiver of the requirements herein is granted by the board. All
surety companies associated with a performance bond shall hold a current
certificate of authority, as issued by the treasury department, as an acceptable surety
on federal bonds under an Act of Congress approved July 30, 1947.
(4)The issuer of any letter of credit shall be a federally insured and regulated savings
and loan association or commercial bank, authorized to do? and doing business? in
the State of Florida. The place of expiry must be in Florida. Any letter of credit
must be irrevocable for at least 24 months and must apply to both the construction
and maintenance obligations of the developer and all final utility acceptance
obligations, including late fees, and must be acceptable to the Collier County
Attorney. The beneficiary of any letter of credit shall be the board. The beneficiary
of a letter of credit provided as a UPS shall be entitled to draw on the letter of credit
if:
The developer has failed to construct or maintain the subject potable water, non-
potable irrigation water and/or wastewater improvements; or has failed to fully
perform all final acceptance obligations. Final acceptance obligations must be
submitted to community development and environmental services, engineering
services division within 14 months following preliminary acceptance.
a.
b.The letter of credit is scheduled to expire prior to final acceptancethe end of the
warranty period, as described in subsection 134-60(c) herein, and alternative
performance security has not been provided and accepted in accordance with
this ordinance within three business days prior to the expiration date.
A final utility inspection of the subject potable water, non potable 4frigat-ion-water
and/or wastewater system(s) or portion(s) thereof shall be conducted prior to release
of a UPS. All construction and maintenance obligations covered by a UPS shall be
guaranteed and maintained by-the-developer until satisfactory completion of the
final utility inspection. To schedule the final utility inspectieft?4he-eounty staff shall
provide written notice to the engineer of record, if practicable, approximately 30
days prior to the completion of the one year period from acceptance by the county,
the distriet-or the board of the system(s) or portion(s) thereof. The-^epresentatives
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of the county, engineer of record, contractor, and developer shall conduct final
utility inspection.
(65) The final acceptance obligations eash-bond and the UPS shall remain, at all times,
in full force and effect until the board approves-final acceptancefor the duration of
the warranty period. Upon
county staff shall schedule an agenda item for the next available regular BCC
meeting recommending return and release of the UPS to the project engineer or the
developer's designated agent and shall return the-t-hen-due payment balance:, if any,
of the final acceptance obligations-eash bond, without interest, to the entity that
supplied the final acceptance obligations-eash bond.-The provider of the cash bond
shall be strictly responsible to promptly keep county staff advised of sufficient
mailing return information to facilitate return of the then ■ due-eash-bond-balance.-If
the provider of the final acceptance obligations-eash bond does not notify-staff-m
writing to the contrary', the final acceptance obligations cash bond shall run with
the land if the land is-sold or otherwise transferred in the interim and in such event
shall be returned to the then current landowner(s) or, if applicable, owner's of the
common areas, such as the condominium association or developers-association. If
due to default of the provider of the final acceptance obligations cash bondrit-is-not
possible for staff to ascertain the refundable amount of the bond within four years
of the date of-delivery of that cash bond to the county and the district, the cash bond
shall be forfeited to-the-public utilities department after deducting all then known
obligations payable out of that bond.
iration of the warranty period, the
(f) Construction commencement. Potable water, non-potable irrigation water and/or wastewater
system construction shall commence only after receipt of the following:
(1)—Final written approval of the construction documents.T-er
&—Preliminary work authorizatien-(PWA) approval as outlined in the LDC.
Sec. 134-59. Construction observation and inspection.
Preliminary inspections. A preliminary inspection of the completed system(s) or portion(s)
thereof shall be required prior to any conveyance to and acceptance by the beard-.-During
this inspection, the utilities w ill be checked for compliance with the approved construction
drawings and/or approved revised-construction drawings. All systems must be found to be
in full compliance with the county approved construction drawings, or county-approved
revised construction drawings, prior to conveyanee-te-the-board for acceptance. Refer to
section 134-60: Utilities conveyance procedures.
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(ef)Final utility inspections.
(1)Final utility inspections procedures run with all land in, on or over which the
respective utility facilities have been installed (constructed). The final utility
inspection of the completed svstem(s) or portion(s) thereof shall be required prior
to final acceptance by the Board, shall be conducted no earlier than one year and
no later than one year and 60 days-after-preliminary acceptance of the utility
system(s) or portion(s) thereof by the-board. Each final utility inspection shall be
delinquent-(overdue) if not completed and passed within-14-months-after that
acceptance date. During this inspection, the utility system(s) or portion(s) thereof
shall be examined for any defect in materials and/or workmanship, and for physical
and operational compliance with the county staff approved
drawings. The UPS shall remain-in--effect until all final utility acceptance
obligations have been satisfactorily completed, passed and-final-acceptance has
been granted by the board. Refer to section 134-60: Utilities conveyance policies
and procedures.
(3)—Delinquent final utility inspections. Staffshall provide written notice of overdue final
utility inspections and other failures to comply with final utility inspection requirements,
including all final utility acceptance-obligations: The notice shall allow 60 days after
receipt of the notice to comply fully with all final acceptance procedures .-Any-utility
facilities that have not passed all final acceptance obligations not later than-6Q-days-afier
receipt of the notice shall subject the service site and all units served by-the-utifity-faei 1 ities
to all penalty provisions of this ordinance;--including withholding of all additional county
permits, permissions and authorizations regarding those sites and units, including, but not
limited to, site development or site improvement plans, construction-permits,-and/or-any
amendments to any of the same. Subject to staff-providing the notice, these provisions
apply to final utility inspections that were delinquent prior to the effective date of this
subsection.
Sec. 134-60.Utilities conveyance policies and procedures.
General. All utility facilities to be conveyed to the county or district, at the time of
conveyance to the county or the district must comply with this ordinance and with all then
applicable standards and specifications. Nothing in this ordinance requires that the county
or the district must accept title to or any responsibility for any utility facility, including
each interim facility or interim system, until the facility or system has then received all
proper permits/licenses from all applicable agencies prior to and during the construction,
expansion, repair and/or maintenance or completion of each such utility facility or interim
utility facility or interim system and the facility, interim facility and/or interim system, then
complies with all applicable rules and regulations of all federal, Florida and/or local
regulatory authorities or agencies, and of this ordinance, the utility standards manual and
all of the documents then incorporated by reference in that manual, and each such facility,
interim facility and/or interim system is not then under litigation, enforcement action,
claims and/or liens prior to the transfer and/or entering into a facilities agreement
associated with the district or other independent district utility. Subject to these
(a)
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requirements, potable water, non-potable irrigation water and/or wastewater systems or
portion(s) thereof, after public utilities department approval (if applicable), shall be offered
to be conveyed to and accepted by the board. The board will accept title to the offered
facilities unless in the specific instance there exists good reason not to accept title to such
facilities. Preliminary- aceeptanee-shall,---after- public-utilities department approval-(if
applicable), be granted by-the-growth management department administrator or designee.
Upon approval from the public utilities division, final acceptance of such facilities and/or
system may be approved by the board (subsequent to the one year warranty period) and
after all final acceptance obligations and requirements have been complied with. All
facilities and/or systems shall be located within a CUE (or public right-of-way) if they are
to be owned, operated and/or maintained by the county or the district. Neither the county
nor the district shall have no duty with regard to, or any responsibility for, any utility
facilities until title to such utility facilities has been finally accepted by the board.
Notwithstanding that neither the county nor the district has any duty with respect to such
facilities or systems, in the event that county staff deems that due to necessity (emergency)
the county or the district should expend money and/or perform labor to repair, replace,
maintain, relocate, remove or have a contractor or other entity perform any other similar
activity with regard to such utility facilities or system, the board is authorized to record a
claim of lien against the property, site(s) or units(s) that were responsible for such utility
facilities (or system) at the time the county staff deemed it necessary to act.
(b)Conveyance documents. Upon the county's (or district's) final approval of construction
documents, engineering review services division director (county engineer) or designee
shall provide the developer with the county's checklist (see standards manual appendix) of
conveyance documents required for submission at the time the constructed system(s) or
portion(s) thereof is considered for dedication to county or district.
(6)Exhibit B to the warranty deed, bill of sale or combined warranty deed/bill of sale
shall be a sketch or other graphic representation showing the physical location of
the utility facilities being conveyed to the county or district. It is preferable that the
Exhibit B be to scale. Each Exhibit B must describe the facilities being conveyed
by type (water line, wastewater line, lift station, etc.). Staff-shall stamp each such
Exhibit B-with a stamp that reads substantially as follows (with blank spaces
completed with correct information):
The Utility Facilities-being-conveyed are shown on plans prepared by ,
, 20 . These Drawingssheets thru -,-dated the
have been assigned AR number
day ol-
(c)Inspection. County staff shall require both preliminary and a_final utility inspection of all
potable water, non-potable irrigation water and wastewater systems or portion(s) thereof
constructed. The construction of all potable water, non-potable irrigation water and/or
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wastewater systems or portion(s) thereof shall be observed and certified by the engineer of
record and shall be inspected by the county. Refer to subsection 134-59(d): Construction
observation and inspection.
Sec. 134-61.Amendments.
County staff may recommend amendments to this article (including the manual and
documents incorporated by reference into the manual) as may be deemed necessary or appropriate
by the public utilities administrator and, in case of actual or possible conflict with the LDC, upon
the additional prior review by the growth management administrator (it being understood that the
LDC controls to the extent of such conflicts). Revisions to the standards manual should be made
periodically by the public utilities administrator to reflect the best engineering practices,
technology advances, compliance with other agencies, and public input, if any. Such revisions
shall also be reviewed by the parties listed above. Revisions to the standards manual must be
approved by an advertised Resolution of the board of county commissioners. Each such resolution
must be placed on the BCC agenda under sc-heduled-advertised public hearings or in the summary
agenda section.
Sec. 134-64. Appendix A—Standard legal documents.
INSTRUCTIONS.
[Unless waived in writing by the reviewing Assistant County Attorney in the specific instance, the
date of each document cannot be signed and dated more than sixty (60) days prior to the meeting
at-which the Board of County Commissioners will consider its acceptancesubmittal of the subject
utility facility documents.]
SECTION TWO:Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. The provisions of this Ordinance, including the
Standards Manual, shall be liberally construed to effectively carry out its purposes in the interest
of public health, safety, welfare, and convenience. If any court of competent jurisdiction holds
any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
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Inclusion in the Code of Laws and Ordinances.SECTION THREE:
The provisions of this Ordinance shall become and may be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered
or re-lettered to accomplish such, and the word “Ordinance” may be changed to “Section,”
“Article,” or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, as the Governing Body of Collier County, Florida, and as the Ex-Officio Governing Board
of the Collier County Water-Sewer District, this 13th day of July, 2021.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY,
FLORIDA, AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
ATTEST:
CRYSTAL K. KINZEL, CLERK
By: By:
Deputy Clerk Penny Taylor, Chairman
Approved as to Form and Legality:
Derek D. Perry
Assistant County Attorney "VUviN
V&
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