Ordinance 2001-057 ORDINANCE NO. 2001- 57
COLLIER COUNTY UTILITIES
STANDARDS ~i, ND PROCEDURES
AN ORDINANCE AND RESOLUTIONS ESTABLISHING THE COLLIER COUNTY
UTILITIES STANDARDS AND PROCEDURES; PROVIDING FINDINGS AND
PURPOSE; PROVIDING TITLE AND CITATION; PROVIDING FOR
APPLICABILITY; PROVIDING FOR INCORPORATION OF PREVIOUS
ADOPTED WATER AND SEWER ORDINANCE AND RESOLUTIONS;
PROVIDING FOR SERVICE AREAS BY THE COLLIER COUNTY WATER AND
WASTEWATER AUTHORITY; PROVIDING DEFINITIONS; PROVIDING FOR
POLICIES AND STANDARDS; PROVIDING FOR CONSTRUCTION APPROVAL
AND DOCUMENT SUBMISSIONS; PROVIDING FOR OBSERVATION OF
CONSTRUCTION; PROVIDING FOR UTILITIES CONVEYANCE PROCEDURES
AND FORMS; PROVIDING FOR THE CREATION AND PERIODIC
MAINTENANCE OF A UTILITY TECHNICAL STANDARDS MANUAL FOR
SANITARY SEWER, WATER, AND IRRIGATION FACILITIES; PROVIDING FOR
PENALTY; PROVIDING FOR AMENDMENTS; PROVIDING FOR REPEAL OF
ORDINANCE NOS. 97-17, 98-53 AND 2000-53; PROVIDING FOR THE REPEAL OF
RESOLUTION NOS. CWS-97-2, MWS-97-2, AND GWD-97-2; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida, as the
Governing Body of Collier County and Resolved as Ex-Officio the Governing Board of the
Collier County Water-Sewer District, the Marco Water and Sewer District and the Goodland
Water District, has determined that it is in the best interests of the public's health, safgty,.and?
welfare to establish the minimum utility requirements for development of potable~water,
wastewater, and irrigation water facilities within the unincorporated areas of Collier C. Otln'ty,
Florida ....
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY._,
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNij~I~
BODY OF COLLIER COUNTY, FLORIDA, AND RESOLVED AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, THE MARCO WATER AND SEWER DISTRICT AND THE
GOODLAND WATER DISTRICT, that:
SECTION ONE
SECTION TWO
SECTION THREE:
SECTION FOUR
RESOLUTIONS
SECTION FIVE
SECTION SIX
TABLE OF CONTENTS
FINDINGS AND PURPOSE
TITLE AND CITATION
APPLICABILITY
WATER AND SEWER ORDINANCES AND
SERVICE AREAS
DEFINITIONS
SECTION
SEVEN
POLICIES AND STANDARDS
7.1 Utility Service: Availability
7.2 FDEP Permits
7.3
7.4
7.5
7.6
7.7
7.8
7.9
Design and Performance Standard
Manuals and Publications
Utility Leases
Construction Observation and
Inspection
Utilities Conveyance and
Acceptance
Utility Easement
Building Permits--Connection Fees
and Charges
Certificates of Occupancy
SECTION
EIGHT
CONSTRUCTION APPROVAL & DOCUMENT
SUBMISSION
8.1
8.2
8.3
8.4
8.5
8.6
8.7
General
Construction Documents
Preparation of
8.2.1 Construction
Documents
Presubmittal
8.2.2 Conference
8.2.3 Submittals
Schedule of
8.2.4 Fees and
Charges
Plans,
8.2.5 Specifications
and Cost
Estimates
Ordinance 80-
8.2.6
112
8.2.7 Rights-of-Way
Permits
Fire Control District Approval
Plats
Utilities Performance Security
Construction Commencement
Construction Document Modification
SECTION
NINE
CONSTRUCTION
9.1
9.2
9.3
9.4
OBSERVATION AND INSPECTION
General
Pre-Construction Meeting
Construction Scheduling
Construction Observation and
Inspection
9.4.1 General
Construction
9.4.2
Inspections by
2
9.4.3
9.4.4
County
Preliminary
Inspections
Final
Inspections
SECTION
TEN
UTILITIES CONVEYANCE PROCEDURES
10.1 General
10.2
10.3
10.4
10.5
10.6
10.7
10.8
10.9
Water
10.01.1 Line
Acceptance
Gravity
Sewer
10.01.2
Line
Acceptance
Lift
Station
10.03.1 and Force
Main
Acceptance
Conveyance Documents
Inspection
Record Construction Drawings
Bacterial Analysis
Final Costs
Test Results
Lift Station Submittals
Recordation Fees
SECTION Not used
ELEVEN
SECTION Not used
TEWLVE
SECTION THIRTEEN . . AMENDMENTS
SECTION FOURTEEN ...PENALTY
SECTION FIFTEEN ..... REPEAL OF ORDINANCES AND RESOLUTIONS
SECTION SIXTEEN .....
SECTION SEVENTEEN
SECTION EIGHTEEN
INCLUSION IN THE CODE OF LAWS & ORDINANCES
· . CONFLICT AND SEVERABILITY
·.. EFFECTIVE DATE
3
APPENDIX A
APPENDIX B
APPENDIX C
STANDARD LEGAL DOCUMENTS
CONVEYANCE DOCUMENT CHECKLIST SECTION
UTILITY DEVIATION FORM
SECTION ONE. FINDINGS AND PURPOSE
It is the intent and purpose of this Ordinance to promote, protect, and improve the health,
safety and welfare of the citizens of Collier County by the establishment, herein, of standards
and procedures for the construction, development, maintenance, and operation of safe,
reliable water and wastewater systems, that meet the demands of Collier County's rapid land
development and population growth and that are constructed, developed, maintained and
operated according to the latest technical and professional standards. This Ordinance,
therefore, establishes minimum utility requirements for development of water transmission
and distribution and for wastewater collection and transmission facilities within the
unincorporated areas of Collier County, Florida. This Ordinance attempts to ensure that, with
respect to all utility construction ]3erformed reliable and economical utility services shall be
provided to users of the water and/or wastewater systems within Collier County. All
requirements set forth herein are in conjunction with and supplemental to the Collier County
Land Development Code (the "LDC"), to the Collier County Growth Management Plan and
to such other applicable Collier County Ordinances, Resolutions and/or regulations as are
related to land development and/or subdivision of lands within Collier County. The
administrative procedures, ordinances, and policies contained herein, as they apply to the
extension and/or development of water and/or wastewater facilities and utility service, shall
take precedence if in conflict, over those contained in the LDC. Public Utilities shall review
variations, from the standards and procedures established herein, which are brought about by
innovative applications of design principles/solutions to individual projects. Upon such
review, the Public Utilities Administrator, in his discretion, may approve such variations,
provided that, such variation shall not result in system/facility operation or maintenance
performance that is less than that which would be provided, in this Ordinance, if recognized,
accepted standards are used, and provided further that such variation promotes, protects, and
improves the health, safety and welfare of Collier County, Florida.
The Collier County Water-Sewer District, established in February 1977, by the Board of
County Commissioners, was created for the following purposes: 1) to develop safe, reliable
and financially self-supporting potable water and sanitary sewage systems which will meet
the water and sewerage needs of the rapidly developing areas of Collier County; 2) to ensure
that existing and future water and/or wastewater utility systems are constructed, operated and
managed at the minimum cost to users and with no direct/indirect financial aid fi'om the
General Fund; and 3) to develop water and/or wastewater systems requiring the most
reasonable operating and maintenance costs.
Sectionll (Wastewater Technical Specifications) and Section 12 (Water Technical
Specifications) and Appendix C (Standard Details) have purposely been omitted. These
documents are now included in the COLLIER UTILITIES TECHNICAL STANDARDS
MANUAL. By reference, the Public Utilities Administrator shall publish the MANUAL and
4
provide for annual revisions thereto, consistent with good engineering practices and
standards.
SECTION TWO: TITLE AND CITATION
This Ordinance shall be known and may be cited as the "Collier County Utility Standards and
Procedures Ordinance."
SECTION THREE: APPLICABILITY
This Ordinance shall be applicable to development activities, within the unincorporated areas
of Collier County, Florida. For the purposes of simplicity and brevity, references herein, to
Collier County Water-Sewer District shall also refer to the Marco Water and Sewer District
and the Goodland Water District, where appropriate, as the context requires. This Ordinance
shall not apply to the Immokalee Water-Sewer District, which was created by Special Act of
the State Legislature as an Independent District.
SECTION FOUR: WATER AND SEWER ORDINANCES AND RESOLUTIONS
To implement the objectives set forth in this Ordinance, the Board of County Commissioners,
acting in their regular capacity, as well as, their capacity as the Ex-Officio Governing Board
of the various water and/or sewer districts, has adopted Ordinances, Ordinance amendments
and Resolutions on behalf of the County and the various Districts, and therefore, such
Ordinances, Ordinance amendments and Resolutions, together with all such duly adopted
subsequent Ordinances, Ordinance amendments and Resolutions relating to the standards and
procedures regarding water and/or wastewater and/or irrigation water utilities within Collier
County are incorporated in this Ordinance by reference.
SECTION FIVE: SERVICE AREAS
The following requirements shall apply with respect to the County's review of utility
construction within Service Areas in the unincorporated area:
5.1 Construction shall comply with the LDC and with the TECHNICAL STANDARDS
MANUAL. Requested deviations from the requirements of this Ordinance shall be referred to
the Water and Wastewater Departments for resolution.
5.2 Within the Collier County Water and Wastewater certificated Service Areas and other
Board approved Service Areas, which are granted to individual or joint development projects
and which are providing interim utility service, the utility construction documents for each
project shall comply with this Ordinance. Construction shall not commence until the
documents have been reviewed and approved by the County and thereafter, the County has
issued a written authorization to construct. Conveyance of completed interim utility facilities
within these certificated or other approved Service Areas shall be in compliance with this
Ordinance.
SECTION SIX: DEFINITIONS
6.1 For the purposes of this Ordinance, the following terms, phrases, and words, shall have
the meaning specified herein. When not inconsistent with the context, words in the present
tense include future tense, words used in the singular number include the plural, and words
used in the plural include the singular. "Shall" is always mandatory; "may" is discretionary.
6.2 Board: Board of County Commissioners of Collier County, Florida, as the Governing
Body of Collier County, Florida, and, where appropriate, as the Ex-Officio Governing Board
of the Collier County Water-Sewer District, the Marco Water and Sewer District, and/or the
Goodland Water District.
6.3 CCWSD or District: The Collier County Water-Sewer District, and the Marco Water and
Sewer District and the Goodland Water District, where appropriate, as the context requires.
6.4 Construction Document: Construction drawings, technical specifications, hydraulic design
reports, Florida Department of Environmental Protection ("FDEP") Permit Application, Plats,
where required, and other supportive documents and data necessary to permit the review of
proposed water and/or wastewater system improvements.
6.5 Contractor: Individual, parmership, agency, organization, corporation or the like licensed in
the State of Florida to do underground utility construction in Collier County.
6.6 County: Collier County, Florida, a political subdivision of the State of Florida and when the
context requires or warrants, shall refer to the Public Utilities Administrator and/or the Division
designee.
6.7 County Inspector: A representative of Collier County designated to provide periodic
inspection of all water and/or wastewater system construction.
6.8 Collier County Development Services Advisory Committee (DSAC): The 15 member
committee created pursuant to Ordinance No. 95-60 to provide reports and recommendations to
the Board of County Commissioners to assist in the enhancement of the operational efficiency
and budgetary accountability within the Community Development and Environmental Services
Division and to serve as a primary communications link between the Division, the development
industry and the citizens of Collier County.
6.9 Community Development and Environmental Services Division: Division of Collier
County which, for purposes of this Ordinance, shall be responsible for processing, reviewing
and approving water and/or wastewater service requests, pursuant to the terms and conditions
of this Ordinance and/or the LDC, including the engineering evaluation, design and
construction of public water and/or wastewater utility systems. As outlined herein, and as set
forth in the LDC the "Community Development and Environmental Services Administrator"
shall mean the site development review director and any successor in function.
6.10 CUE: Collier County Utility Easement.
6.11 Developer: An individual, partnership, corporation, owner, sub-divider, including a
governmental agency, or designated agents, successors, or assigns, or such other entity that
proposes and/or undertakes the construction of public water and/or wastewater facilities to
provide service for any property or properties, area development or subdivision in which the
water or wastewater facilities are to be extended from, connected to or ultimately become part
6
of the water supply or wastewater system of Collier County Water-Sewer District, Collier
County, Florida.
6.12 Distribution Mains: Potable or irrigation mains less than 16" in diameter that distribute
water at the project or customer level.
6.13 Easement: An interest in land, granted to holder by owner of land. Such grant entitles
holder to a specific limited use or enjoyment. Holder can be person, persons or the public
generally.
6.14 Effluent: The treated liquid end product of a wastewater treatment facility, that is reused
as reclaimed water for irrigation or other approved purposes.
6.15 Engineer of Record: The "Project Engineer," a registered professional engineer of record
responsible for the preparation of plans and specifications and other related design documents
for the water and/or wastewater facilities being constructed within Collier County, and
responsible for certifying the project upon completion.
6.16 Fee: means the non-reimbursable monetary compensation rendered to the County for
construction document review and inspection service provided.
6.17 F.A.C.: Florida Administrative Code.
6.18 FDEP: Florida Department of Environmental Protection, the State Agency responsible for
regulating environmental programs and water and/or wastewater utility systems within the State
of Florida.
6.19 FDOT: Florida Department of Transportation.
6.20 Inspection: Periodic construction site visits by a County representative the purpose of
which is to ascertain/insure compliance with County-approved construction documents. Such
periodic visits shall occur during construction of the water and/or wastewater improvements,
after completion of construction for preliminary acceptance prior to conveyance of the required
water and/or wastewater facilities to the District, and after the one (1) year Contractual
Guarantee period for final acceptance of the water and/or wastewater facilities by the County.
6.21 Interim Utility Facili~ A water distribution, transmission treatment and/or supply
facility, a wastewater collection, transmission, treatment and/or disposal facility, which, while
under construction, is owned by the applicant/developer or other person/entity other than the
CCWSD or other dependent District, and which, upon completion of construction, shall be
dedicated to CCWSD or other dependent District. Such facilities shall remain interim if the
CCWSD or other dependent District utility facilities are not available for connection and in
such event, shall be leased back to the applicant/developer, pursuant to a Facilities Agreement,
with operation and maintenance responsibilities, until such time as the CCWSD or other
dependent District, where appropriate, are available for connection.
6.21A Irrigation System: Any and all plant, system, facility or property, and additions,
extensions and improvements thereto at then future times, constructed or acquired as part
7
thereof, useful or necessary or having the then present capacity for future use in connection
with the development of sources, treatment or purification and distribution of irrigation water,
and, without limiting the generality of the foregoing, includes dams, wells, meters, reservoirs,
storage tanks, lines, valves, pumping stations, laterals and pipes for the purpose of carrying
irrigation water to the premises connected with such system; also includes all real and personal
property and any interest or rights therein, easements, and franchises of any nature whatsoever
relating to any such system and necessary or convenient for the operation thereof
6.22 LDC: Collier County Land Development Code, as amended from time to time.
6.23 Lateral Sewer: A sewer which discharges into a branch or other sewer facilities and has
only building sewers tributary to it.
6.24 Letter of Commitment: Written verification from a privately-owned or franchised utility
as outlined in Sec. 7.1, which a Developer is required to submit to County prior to submittal of
construction document. This Letter shall clearly verify the type and capacity of water and/or
wastewater utility services available, as well as any restrictions or requirements the utility may
have regarding issuance of a 'binding written commitment for service to a proposed
development.
6.25 Master Plan Development: A tentative plan showing the proposed development of a tract
of land for which development is to be carried out in one (1) or more stages. See: Site
Alteration Plan, Site Development Plan, and Site Improvement Plan as described in LDC.
6.26 Modification: Revisions to construction documents, as requested by the Engineer of
Record and which have been approved by the County, when such revision necessitates an
additional review and approval process. Revisions requested by the County are exempt from
this fee.
6.27 Non-Potable Water Facility: A facility used as a source of water for irrigation, cooling, or
other uses. Facilities used as a source for drinking, culinary or domestic purposes are excluded
from the definition of non-potable water supply wells.
6.28 Person or Entity: Individual, partnership, agency, association, private or public
corporation, organization, or political subdivision or the like which desires to construct water
and/or wastewater system improvements and/or requires the services of the County.
6.29 Potable Water Facility: Facility used as a source for drinking, culinary, or domestic
purposes.
6.30 Probable Cost of Construction: Cost estimate prepared by the Engineer of Record for the
water and/or wastewater system improvements submitted for review.
6.31 Project: Water and/or wastewater system improvements illustrated and described in the
construction documents for the development of land in the unincorporated areas of Collier
County.
6.32 Public Utilities Division: Division of Collier County comprised of various departments
including Water and Wastewater Departments. Public Utilities is responsible for the
8
management, operation and maintenance of the Collier County Water-Sewer District. The
Public Utilities Division, together with the Community Development and Environmental
Services Division shall have the responsibility for approving water, wastewater, and, in some
cases, effluent irrigation system requests and the engineering evaluation, including the design
and construction for all County-owned water, wastewater and effluent irrigation systems as
outlined within this Ordinance. Requested variation(s) from the requirements of this Ordinance
shall be referred to the Water and Wastewater Departments for resolution and require a written
response from the Public Utilities Administrator (PUA) in order to be implemented.
6.33 Right-of-Way: A strip of land, public or private, occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainage way,
water main, sanitary or storm sewer main, or for similar special use. The usage of the term
"right-of-way" for land platting purposes shall mean that every right-ogway, whether public or
private, or as an easement, hereafter established and shown on a plat is to be separate and
distinct from the lots or parcels adjoining such right-of-way and not included within the
dimensions or areas of such lots or parcels.
6.34 Sanitary Sewer Facility: A wastewater utility facility.
6.35 Service: Work incurred by the County to review and approve water and/or wastewater
system construction documents and provide inspection during and after construction of said
improvements.
6.36 Sewerage System, Central ("Wastewater System, Central'9: A system for the collection
and disposal of sewage, in accordance with the approval of requisite federal, state, and county
agencies. The system shall serve residential dwellings, commercial, industrial, institutional or
other uses and shall include pipes, manholes, pumps, wet wells, tanks, treatment plants and
other appurtenances, that comprise the system.
6.37 Sewerage System, Individual (Wastewater System, Individual"): A system designed to
serve one unit (as defined in the health code used by Collier County) comprised of pipes, tanks,
and subsurface absorption field, or other approved treatment device, for handling and disposing
of sewage wastes.
6.38 Service Area: The geographical area described in a Franchise Certificate or other approval
granted by the Board to a utility to provide utility service within the boundaries of a specified
geographic area or areas and the geographical areas served by the Board. The geographical area
may be referred to also as "territory," "service areas," or "certificated area."
6.39 Sewer Service: A gravity sewer pipe, that extends from the main sewer pipe to the
customer's point of connection at the public right-of-way or the utility easement limit.
6.40 SFWMD: The South Florida Water Management District, established pursuant to Chapter
373, Fla. Stat.
6.41 Transmission Mains: Potable or irrigation mains 16" in diameter and larger that distribute
water over a regional or sub-regional area.
6.42 Unincorporated Area: Areas lying outside any established corporate city or municipal
boundary line and outside the boundaries of any independent Special Improvement District or
service area established by the State Legislature for water and sewer service.
6.43 Utility: Any person or business entity, lessee, trustee and/or receiver, owning, operating,
managing, or controlling a system, or proposing construction of a system, who or which is
providing or proposes to provide potable water and/or non-potable water, or bulk water, and/or
wastewater service, or any combination thereof, within any unincorporated area of the County
to the public for compensation, but excluding only the following:
a) Property used solely or principally in the business of bottling, selling,
distributing or furnishing bottled water or portable treatment facilities; or
b) Systems owned, operated, managed, or controlled by a Governmental
Agency; or
c) Manufacturers providing such utility service solely in connection with their
own manufacturirig operations; or
d) Each public lodging establishment providing such utility service solely in
connection with lodging service to its guests; or
e) Each landlord or Homeowners' Association providing utility service to their
own tenants or unit owners without specific compensation for any such utility
service; or
f) Each water system and/or sewer system which has a rated capacity (at
maximum day system peak) of less than 2,000 gallons per day per utility
service; or
g) Any Utility that derives less than fifty percent (50%) of its revenues from
unincorporated areas of the County with the balance derived from the
incorporated area. Any Utility which derives fifty percent (50%) or more of its
revenues from the unincorporated areas of the County shall be subject to the
provisions of this Ordinance as they relate to only the rates, fees, and charges
charged by the Utility in its unincorporated area(s); or
h) Any utility system that is then serving less than one hundred (100)
customers with water and/or sewer service. For the purpose of this
subparagraph, a "customer" is not each individual served. Each residence,
apartment unit, condominium unit, office or other unit of a building or
structure, each mobile home, each recreational vehicle, etc., is one (1)
customer. A duplex is two (2) customers; a triplex is three (3) customers, etc.
i) Systems solely for tenants or occupants of: governmental buildings,
religious, educational or cultural institutions or facilities, or for recreational,
scientific or institutional facilities.
10
j) Systems not owned by a Franchisee that are downline fi.om the Franchisee's
master meter and are operated and sub metered by a master metered customer
of the Franchisee for resale to individual residential or commercial consumers
occupying property owned or otherwise lawfully controlled by that master
metered customer.
6.44 Utility Code Subcommittee of DS~4C: A subcommittee of DSAC, created pursuant to
Ordinance No. 95-60 to review and make recommendations on technical and other issues
relating to utility matters and to act as a liaison between the Community Development and
Environmental Services Division and the Public Utilities Division on such matters.
6.45 Utilities Performance Security (UPS): A Performance Bond, Cash Bond or an Irrevocable
Letter of Credit, or other authorized form of security furnished by a community development
district pursuant to the LDC, furnished by the Developer to the County or the District, prior to
commencement of construction, for all water and wastewater construction to guarantee the
construction and the workmanship and materials for the warranty period after the utility
facilities have been conveyed to the County or appropriate Water-Sewer District, or upon
completion of the utility facilities when construction occurs on private property. See Sec. 8.5
for specific details on this Performance Security.
6.46 Water Service: A water service installation which includes: tapping saddle, corporation
stop, service line and meter installation, meter box and backflow prevention device, if required,
extended to property line or utility easement limit.
6.47 Wastewater: "Sewage," or "sewerage," means a combination of the liquid and water-
carried pollutants fi.om a residence, commercial building, industrial plant, or institution,
together with any groundwater, surface runoff, or leachate that may be present.
6.48 Wastewater System: "Sewer," "sewer system," or "sewerage system" means any and all
plant, system, facility or property, and additions, extensions and improvements thereto at any
future time constructed to acquire as part thereof, useful or necessary or then having capacity
for future use in connection with the collection, treatment, purification and disposal of sewage
of any nature, originating fi.om any source, and without limiting the generality of he foregoing,
includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting
sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; also
includes all wastewater mains and laterals for the reception and collection of sewage fi.om
premises connected therewith; also includes all real and personal property and any interest
therein, rights, easements, and franchises of any nature relating to any such system and
necessary or convenient for the operation thereof.
6.49 Water System: Any and all plant, system, facility or property, and additions, extensions
and improvements thereto at then future times, constructed or acquired as part thereof, useful or
necessary or having the then present capacity for future use in connection with the development
of sources, treatment or purification and distribution of water, and, without limiting the
generality of the foregoing, includes dams, reservoirs, storage tanks, lines, valves, pumping
stations, laterals and pipes for the purpose of carrying water to the premises connected with
such system; also includes all real and personal property and any interest or rights therein,
11
easements, and franchises of any nature whatsoever relating to any such system and necessary
or convenient for the operation thereof
SECTION SEVEN: POLICIES AND STANDARDS
7.1 Utility Service: Availability
As a requirement to Developer's submittal of construction documents, Developer shall obtain
prior written verification, from the Public Utilities Division, which shall 1) ascertain the current
status of utility service, if any; 2) identify restrictions, if any, of availability of such services; 3)
provide pertinent facts regarding location and availability of County's existing and/or proposed
utility systems. The Division shall respond in writing to all such requests. Provided that, if
current and available County utility facilities do not exist, Developer shall provide, or otherwise
obtain, interim utility service, only, to the subject property.
In the event the proposed development is outside the service area of the CCWSD, but within
the Service Area of a private or franchised utility company, a Letter of Commitment for service
must be submitted from the priva.te or franchised utility outside its Service Area upon approval
by the Board.
The Letter shall clearly describe the type and capacity of the utility services available, as well
as any restrictions or requirements the Utility may have regarding the issuance of a binding
written commitment for service to .the proposed development. In the event that central water
and/or wastewater service is not available to a proposed project, it shall be the Developer's
responsibility to clearly and fully detail the steps that will be taken to provide interimutility
services.
7.2 FDEP Permits
With respect to development and/or release of FDEP Construction Permit Applications from
the Community Development and Environmental Services Division, approval of the
construction documents for the water and/or wastewater facilities is mandatory before the
County executes and releases applications for any required FDEP permits. Prior to
commencement of construction, FDEP permit must be issued. Provided that, with respect to
development of and/or construction activities for an interim utility facility, the Developer may
obtain executed FDEP permit applications prior to County's final written approval of
construction documents. However, under no circumstances shall construction commence with
such an interim utility facility until the construction commencement criteria in Section 8.6 have
been met. With respect to those service areas outside the CCWSD, copies of all approved
FDEP construction and operating permits shall be submitted to the County immediately upon
issuance and receipt.
With respect to the FDEP Certification of Completion of Construction forms, the Community
Development and Environmental Services Division will have the forms executed by the Public
Utilities Division after they receive the Preliminary Inspection approval letter during the
Preliminary Acceptance process. Community Development and Environmental Services will
release the forms as soon as they are returned to them.
12
7.3 Design and Performance Standard Manuals and Publications
The minimal, but mandatory, utility design requirements of this Ordinance are established by
the most recent technical standards, procedures and criteria, as set forth in the latest edition of
the publications, listed below, and as are supplemented by the standards specifically setforth in
the Technical Standards Manual. The minimal, but mandatory, utility design requirements set
forth in the listed publications are incorporated herein and are, thereby, an integral part of this
Ordinance. Deviation from the established criteria, as set forth below in the
manuals/publications, is not precluded, provided that, the Engineer of Record shall provide, for
County's review, a design deviation based on such rational criteria that promotes, protects,
and/or improves the public's health, safety and welfare and upon such showing, receives the
County's prior written approval. County approval shall not be granted to any proposed design
that jeopardizes the public health, safety and welfare, or that otherwise would result in a system
performance less than that which would otherwise be provided to the public by adherence to the
recognized and accepted industry standards set forth in the following manuals/publications:
7.3.1 Water Pollution Control Federation, Manual of Practice No. 8, Wastewater Treatment
Plant Design, W.P.C.F., 2626 Pennsylvania Avenue, N.W., Washington, D.C. 20037.
7.3.2 Water Pollution Control Federation, Manual of Practice No. 9, Design and Construction
of Sanitary and Storm Sewers, W.P.C.F., 2626 Pennsylvania Avenue, N.W., Washington, D.C.
20037.
7.3.3 Great Lakes/Upper Mississippi River Board of State Sanitary Engineers, 1978 or latest
edition. Recommended Standards for Sewage Works, Health Education Service, Inc., P.O. Box
7283, Albany, New York 12224.
7.3.4 Great Lakes/Upper Mississippi River Board of State Sanitary Engineers, 1982 or latest
edition· Recommended Standards for Water Works, Health Education Service, Inc., P.O. Box
7283, Albany, New York 12224.
7.3.5 Rules of the Department of Environmental Protection, Chapter 17-6, Wastewater
Facilities and Chapter 17-22, Water Suppliers.
7.3.6 American Water Works Association, Inc., Water Treatment Plant Design. AWWA, 6666
West Quincy Avenue, Denver, Colorado, 80235.
7.3.7 American Water Works Association, AWWA Standards. AWWA, 6666 West Quincy
Avenue, Denver, Colorado 80235.
7.3.8 Ductile Iron Pipe Research Association, Handbook, Ductile Iron Pipe/Cast Iron Pipe.
Ductile Iron Pipe Research Association, 245 Riverchase Parkway East, Birmingham, Alabama
35244.
7.3.9 Uni-Bell Plastic Pipe Association, Handbook of PVC Pipe, Uni-Bell Plastic Pipe
Association, 2655 Villa Creek Drive, Suite 164, Dallas, Texas 75234.
7.3.10 American National Standards Institute, latest revision.
13
7.3.11 American Society for Testing and Materials, Volumes 1.02, 4.01, 4.02, 4.05, 6.02.
7.3.12 American Water Works Association, Inc., AWWA Manual, M-14, 6666 West Quincy
Avenue, Denver, Colorado 80235.
7.3.13 American Water Works Association, Inc., AWWA Manual, M-22, 6666 West Quincy
Avenue, Denver, Colorado 80235.
7.3.14 Collier County Utilities Technical Standards Manual
7.4 Utility Leases
Water and/or wastewater facilities constructed for a development which cannot immediately
connect to a District owned-and-operated system shall be dedicated to the Board, or as
appropriate to the context, the Marco Water and Sewer District or the Goodland Water District,
and, at the time of such dedication, shall be leased-back to the Owner of such water and/or
wastewater treatment facility. Such facility shall be deemed an interim utility facility for the
lease term, i.e., until such time, as such facility is capable of and is, in fact, connected to a
District owned-and-operated system. At no time shall the District operate and/or maintain an
interim utility facility. The terms and conditions of such lease term shall be set forth pursuant to
a written lease agreement, "Facilities Agreement," executed by and between the
Owner/Developer and Board/District, the standard form of which is set forth in Appendix A, as
may be amended. The Facilities Agreement shall further set forth the terms, conditions, and
mutual responsibilities of the signatory parties, their successors, and assigns, with respect to the
dedication, the lease-back, the operation and maintenance of such interim utility facility, and
the ultimate connection to the off-site facility owned and operated by the Board. Each Facility
Agreement shall be negotiated on a case-by-case basis, agreed to and executed by and between
the parties prior to construction commencement of the proposed facilities. Such Facilities
Agreement shall be a part of the legal documents to be approved and accepted by the Board at
the time that the water and/or wastewater facilities are conveyed to the Board.
Project developers, their successors, or assigns, shall be responsible for costs incurred by
County in order to maintain interim utility facilities in compliance with FDEP water quality
regulations. Such costs shall be borne by the Developers, their successors, or assigns, until
sufficient construction has occurred, to create usage significant enough to properly maintain the
system without additional maintenance activities on the part of County. Charges for water used
shall be billed at the District irrigation rate.
7.5 Construction Observation and Inspection
The construction of all water and/or wastewater facilities must be observed and certified by the
Engineer of Record and be inspected by the County. The nature and extent of the construction
observation and inspection is detailed in Section 9.4.
7.6 Utilities Conveyance and Acceptance
The transfer of ownership of any utility facility, including an interim utility facility, to the
District shall comply with the requirements of law, as set forth in theFlorida Statutes, County
14
Resolutions, and/or Ordinance Nos. 78-10 and 79-33, as amended and/or their successors.
Reference Section 10: Utility Conveyance Procedures.
7.7 Utility Easement
All uses of Collier County utility easements (CUE) shall be in accordance with this Ordinance
or other Board approved uses and shall be for the exclusive sub-surface use of the Board or
other County approved uses. All CUEs shall comply with relevant LDC requirements, unless
specifically authorized to do otherwise, in writing by the Water and/or Wastewater Directors.
Any other use of a CUE not authorized by County and/or approved by the Board is prohibited,
other than service crossings. Any use of a CUE that creates a hazard to the water and/or
wastewater facilities or the employees of the Board/County/CCWSD in the performance of
their duties is prohibited. Private road right-of-ways with CUE overlays are exempt from the
exclusive use provision, however, all design setback and construction requirements of the
Ordinance shall be adhered to.
Privately-owned utilities may be allowed within a CUE, subject to prior approval by the
County, and provided that such privately-owned utility does not hinder operation and
maintenance activities or does not create an unnecessary financial burden to the rate payers of
the District. Aboveground improvements such as, but not limited to, paved parking, decorative
walls and landscaping shall be permitted to be installed within a CUE by the grantor, its
successors or assigns. However, the cost of any and all repair, replacement, maintenance and
restoration of the aforementioned improvements shall be the sole financial responsibility of the
grantor, its successors or assigns as set forth in the County's standard CUE language.
Combined water-sewer easements shall be agreed upon on a case-by-case basis, dependent on
depth of lines and shall not be combined, unless and until approved by the Water and
Wastewater Directors and the Community Development and Environmental Services
Administrator.
Width of Easements.
a) Minimum width of water main, force main, and/or effluent main easements shall be
15 feet.
b) Minimum width of gravity sewer easements shall be twice the depth of the line or 15
feet, whichever is greater; and
c) Lift station easements shall be twice the depth by twice the depth of the lift station or
30 feet by 30 feet, whichever is greater; and
d) Combined water-sewer easements shall be agreed upon on a case-by-case basis,
dependent upon depth of lines. Minimum distance between water and sewer lines shall
be 10 feet as required by FDEP and this Ordinance.
15
7.8 Building Permits- Connection Fees and Charges
County shall not approve the issuance of a building permit until the utility construction
documents, together with the associated Plat has been reviewed and approved pursuant to the
LDC, and all appropriate water and/or wastewater system development charges, impact fees
and connection fees have been paid. The Developer shall be responsible for coordinating
development activities with the County, to ensure that all the necessary utility construction
documents, plats, etc., are submitted for review and approval. Temporary use permits shall be
exempt from the utility construction document approval requirement prior to Building Permit
approval, unless specific conditions preclude such exemption.
7.9 Certificates of Occupancy
A Certificate of Occupancy shall not be issued for any structure prior to preliminary acceptance
of all water and/or wastewater facilities required by this Ordinance or the LDC.
SECTION EIGHT:
CONSTRUCTION APPROVAL AND DOCUMENT
SUBMISSIONS
8.1 General
This section establishes the County's minimum requirements, pursuant to, or in addition to, the
minimum LDC requirements, for the submission of the following construction documents, by
the Developer/Owner and/or Contractor, for County's review; however, County may require
additional data, as County deems necessary, to complete its review of:
a) Water and/or wastewater facilities for proposed new developments connected to
existing water and/or wastewater systems; and
b) Water and/or wastewater facilities for proposed new developments to be served by
interim water and/or wastewater treatment plants.
8.2 Construction Documents
8.2.1 Preparation of Construction Documents. Construction drawings and technical
specifications for the construction, extension and/or modification of water and/or wastewater
facilities shall be prepared by, or under the supervision of, and shall be certified by the
Engineer of Record, a Professional Engineer, licensed to practice in the State of Florida, under
Chapter 471, Florida Statutes.
8.2.2 Presubmittal Conference. It is recommended that prior to initial submission to County of
construction documents, the Owner/Developer or their authorized agent, (the "applicant")
confer with the Public Utilities Administrator and Community Development and Environmental
Services Administrator to obtain information and guidance, to initiate an informal preliminary
review, pursuant to the LDC, as may be amended, before substantial commitments of time
and/or money are made in preparation and submission of further documentation.
8.2.3 Submittals. Unless instructed otherwise at the Presubmittal Conference, initial submittal
of construction documents, together with any supportive materials, shall be submitted to the
Community Development and Environmental Services Administrator or designee and shall be
16
accompanied by a descriptive cover letter. The cover letter shall contain, but not be limited to,
the following:
a. Project Name.
b. Location of Project.
c. Type of utility construction proposed.
d. Estimated number of water and sewer users to be served by the proposed
construction.
e. Explanation of what action the County is being requested to take regarding the
materials submitted.
f. List of documents attached.
g. Engineer's Report - A concise report summarizing the proposed construction
including connections, phasing, assumptions and estimated flows.
In the event the proposed construction is part of a proposed subdivision development and plat
review process, applicant shall additionally follow, unless set forth otherwise, herein, the
"Development Requirements" procedures set forth in LDC, as may be amended. LDC
references to Ordinance 88-76 shall for all purposes be deemed references to this Ordinance.
The County requires complete data and information with this initial submission in order to
efficiently provide the necessary review. For this reason, a "standard transmittal" form will not
be acceptable for the initial submission. However, transmittal forms may be utilized for the
subsequent submittal of revised documents, additional items requested by the County and other
information pertinent to the review and approval process.
8.2.4 Schedule of Fees and Charges. The Board shall establish by Resolution, a Schedule of
Fees and Charges for construction document processing, inspection services and sales. The
Schedule shall be posted in the Division of Community Development and Environmental
Services. The Resolution shall be filed with the Clerk to the Board. The Schedule may be
changed from time to time, pursuant to standard resolution adoption and amendment
procedures. The Construction Document Review Fee shall be submitted with the construction
document submission. The Construction Document Review Resubmission Fee shall be required
if County's review requires a third review, in addition to the initial review and one
resubmission. The resubmission fee shall be submitted at the time the third submission is made.
The Construction Inspection Fee shall be submitted prior to the final construction plan
approval. The Construction Document Modification fee shall be submitted upon written request
by the County prior to final approval of the modifications requested. The Developer shall be
responsible for the payment of all fees identified above.
8.2.5 Plans, Specifications and Cost Estimate. The Engineer of Record shall furnish three (3)
complete sets of the construction drawings and two (2) sets of the technical specifications or, as
otherwise required by the LDC. Construction drawings shall be prepared on standard size 24" x
36" sheets. Technical specifications shall be typewritten on 8-1/2" x 11" sheets and bound in an
17
acceptable manner. Technical specifications shall include an estimate of probable construction
cost, prepared by the Engineer of Record, which contains a summary of quantities and estimate
of installed cost for the water and/or wastewater facilities proposed for construction. The cost
estimate shall be prepared by the Engineer of Record and submitted in itemized form to include
the cost of ali required improvements or the contract bid price for all work necessary to
complete the required improvements. Incorporation of technical specifications into the
construction drawings, in lieu of a separate set of written specifications as described above,
shall not be acceptable, unless written waiver is granted by the Public Utilities Administrator or
his designee. The construction documents shall be submitted to the Community Development
and Environmental Services Administrator for review and written approval prior to the
commencement of construction. The construction documents shall consist of, but not be limited
to:
a) Cover Sheet with Location Map
b) Site Utility Master Plan, indicating the overall site development and all proposed
utility improvements including easements, with references to the appropriate plan and
profile sheets. If phasing of the project is proposed, phases shall be indicated on this
drawing. For proposed points of connection to existing water and/or wastewater
facilities, the site utility plan shall indicate the method and materials to be used. Actual
location of existing sewer mains or laterals and water lines stubs shall be shown, where
applicable
c) Identification of individual lots for subdivisions and/or buildings and structures for
condominiums, multi-family projects, etc.;
d) For all projects, except single-family subdivisions, the proposed meter location to
service each structure shall be illustrated (final meter sizes shall be determined by the
Collier County customer service representative.) For preliminary meter sizing, see
impact fee Ordinance, as amended, superseded or consolidated.
e) All existing utility easements on the particular property shall be shown on the
drawings. Proposed easements may be required to be shown if the site working space is
confined, as determined by County on a case-by-case basis. Easements required to be
shown, shall be clearly labeled and shall show the width and limits. See Section 10.2.1-
2.
f) Plan and profile sheets shall indicate the horizontal and vertical locations for all
water and/or wastewater improvements, including all appurtenances, as well as, other
proposed and/or existing facilities, together with all conflicts in the same general
location. Special profile sheets shall be required when unique situations or complex
conflicts occur that cannot be clearly detailed on standard plan and profile forms.
Profiles shall be positioned on the sheet directly below the plan section they are
illustrating, with the exception of utilities, that will not be owned and maintained by
Collier County. For such utilities that are not owned and maintained by Collier County,
profiles shall be provided, but do not have to be positioned on the sheet directly below
the plan section.
18
g) Water and/or wastewater standard details. Use of the technical standards contained
in the COLLIER COUNTY UTILITY STANDARDS TECHNICAL MANUAL shall
be required for all construction projects. Pavement restoration, backfill standards,
compaction requirements, etc., regarding work within the public rights-ofway or CUE
shall be governed by the rules and regulations established by the Public Utilities
Division. Standard details involving these items shall reflect the requirements of the
Public Utilities Division
h) Complete Lift Station drawings, specifications, as required, and details including
shop drawings, when necessary, shall be submitted. A special site plan of the lift station
and appurtenances shall be provided. It shall contain specific details on the
configuration of the station, location of appurtenances, such as electric service and
transformers, guard posts, control panel, fencing, landscaping, etc., and the proposed
location with respect to roadways, sidewalks or bike paths, driveways and proposed or
existing rights-of-way or utility easements.
i)
Water and wastewater system hydraulic calculations.
J)
k)
l)
Construction plans shall include a symbols and abbreviations legend.
A list of all County inspections that require 48 notice.
A statement as to who owns and maintains the onsite water and sewer systems.
8.2.6. Ordinance 80-112. When connection to a central wastewater system, other than those
operated and maintained by the County or an appropriate Water-Sewer District, is proposed, the
requirements of County Ordinance No. 80-112 and amendments or successor Ordinance thereto
shall be satisfied and shall comply with Sec. 7.1 herein: "Utility Service: Availability."
8.2.7 Rights-of-Way Permits. Construction within dedicated public rights-of-way shall require
an approved permit from the appropriate governmental County, State and/or Federal agency. A
copy of the approved permit shall be submitted, to the County, prior to the project pre-
construction meeting. Utility construction within a fight-of-way owned by the State of Florida,
shall require a FDOT Utility Permit. When companion FDEP permit applications must be
obtained, they will be released for processing prior to final FDOT permit approval, provided the
construction documents are satisfactory to the Public Utilities Administrator.
8.3 Fire Control District Approval
All construction drawings containing water distribution facilities shall be reviewed by and shall
require written approval by the appropriate independent Fire Control Districts. Fire hydrant
location design shall be in compliance with the LDC or NFPA Regulations, latest edition,
whichever is more restrictive. The Fire Control District must provide the County with a letter
approving the number and location of the fire protection facilities to serve the project. This
letter shall contain an agreement by the Fire Control District to accept the ownership and
maintenance responsibilities for the hydrants after construction is complete pursuant to the
established policy of each individual Fire Control District on the effective date of this
Ordinance. The Public Utilities Division will be responsible for the fire hydrant lead up to and
including the gate valve as specified in the UTILITIES TECHNICAL MANUAL unless the
10
Fire Districts do not accept ownership of the fire hydrants and leads after the isolation valve in
which case the entire lead and fire hydrant should be dedicated to the County.
Upon completion of the water system construction, the Engineer of Record must provide to the
Community Development and Environmental Services Administrator or designee, field fire-
flow testing documentation that establishes that adequate fire-flow capabilities exist. The
Engineer of Record must incorporate demand capacity and meter sizing data into the
construction drawings for those projects which utilize a master water meter, to which fire
hydrants shall be connected, which establish that the water meter selected does pass the total
flows required by the project.
The County or appropriate Water-Sewer District shall not be responsible for, and/or shall be
held harmless from any damages, or loss, resulting from inadequate sizing of a water meter to
supply fire flow, in addition to domestic coincident drafts, for a particular project. Data on the
meter sizing analysis shall also be contained in the hydraulic design report discussed in
Paragraph 8.2.3(g).
8.4 Plats
A copy of the proposed plat for new subdivisions that contain water and/or wastewater facilities
shall be submitted with the construction drawings to the County for review and approval. All
utility easements that will be required for the water and/or wastewater facilities shall be shown
on the plat, if possible. Further, the dedication block on the cover sheet shall contain statements
for the following:
a) That all Utility Easements for water and/or wastewater facilities and Ingress and
Egress rights, where appropriate, are provided to Collier County and the appropriate
Water-Sewer District to install, operate and maintain water and/or wastewater utilty
facilities within the Platted Area; and
b) Applicable water and/or wastewater facilities constructed within this Platted Area
shall be conveyed to the Board for the appropriate Water-Sewer District upon
acceptance of the improvements required by the Plat.
All plats shall include a signature block for the Board, (or where appropriate, the Marco Water
and Sewer District and the Goodland Water District). Final approval of construction documents
for a project will not be made until the Board pursuant to the LDC requirements has duly
approved the proposed plat. Plats submitted and approved by the Board shall be in complete
accordance with this Ordinance. Any requests for deviations from this Ordinance shall be
clearly outlined in the executive summary, with a copy sent to the affected Department(s).
Deviations approved as part of the plat shall not be valid unless clearly outlined in the
applicant's submittal letter. If a plat is not required for a specific project, the Engineer of
Record shall provide documentation confirming that fact so that the County can determine the
extent of utility easements that must be provided.
20
8.5 Utilities Performance Security
The Developer shall be required to furnish a utilities performance security ("UPS") in an
amount equal to 110% of the Engineer's Probably Cost of Construction for Water and/or
Wastewater Facilities. The Developer shall submit the UPS with the final construction
documents; the UPS must be approved by the Collier County Attorney's Office prior to
commencement of utility construction. A UPS is not required for the construction phase of a
project, provided development is occurring on private, un-subdivided property, or if the UPS
has been previously provided to the County, pursuant to the LDC requirements. The UPS shall
be required on all projects during the guarantee or warranty period as described herein.
Upon conveyance of utility facilities to the Board of County Commissioners of Collier County
as the Governing Body of Collier County, Florida, and Ex-Officio the Governing Board for the
appropriate Water-Sewer Districts, the Developer may request a reduction in the UPS in an
amount equal to ten percent (10%) of the probable cost of utility construction for the required
guarantee or warranty period. For completion of facilities constructed on private, un-subdivided
property, a ten percent (10%) UPS must be provided to, and accepted by, the County prior to
preliminary acceptance of the completed utility facilities. Whenever reasonably possible, the
UPS amount shall be based on the actual bid price of the water and/or wastewater facilities.
Whenever a bid price is utilized, a copy of the accepted bidders proposal form must be
submitted with the UPS. The UPS shall be held by the County and shall secure and cover the
performance of the Developer in construction and maintaining the subject water and/or
wastewater improvements. Acceptable types of UPSs shall be a Performance Bond, a Cash
Bond or an irrevocable Letter of Credit. 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.
Attorneys-in-fact who sign a Performance Bond must file with the Bond a certified copy of
their Power of Attomey Certificate. The Bond must either be signed, or countersigned by a
Florida resident agent. The surety shall be directly responsible to the County, should the bond
have to be utilized to complete any repairs or work on the project.
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.
Any Letter of Credit must be irrevocable and address both the construction and maintenance
obligations of the Developer in a form 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: 1) the Developer has
failed to construct or maintain the subject water and/or wastewater improvements; or 2) if the
Letter of Credit is scheduled to expire prior to final inspection, as described in paragraph 10.3
hereof, and alternative performance security has not been provided and accepted in accordance
with this Ordinance within three (3) business days prior to the expiration date. A final
inspection of the subject water and/or wastewater facilities 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 inspection. To
21
schedule the final inspection, the County shall provide written notice to the Engineer of Record,
if practicable, approximately thirty (30) days prior to the completion of the one-year period
from the facilities acceptance by the County. The representatives of the County, Engineer of
Record, Contractor, and Developer shall conduct final inspection.
The UPS shall remain, at all times, in full force and effect until the county provides written
notification that the final inspection has been satisfactorily completed. Upon such written
notification, the County shall return and release the UPS to the Project Engineer or the
Developer's designated agent.
8.6 Construction Commencement
Water and/or wastewater facilities construction shall commence only after receipt of the
following:
1. (a) Final written approval of the construction documents, or
(b) Preliminary Work Authorization (PWA) approval as outlined in LDC.
2. FDEP construction permits for the water and/or wastewater systems.
o
Any other permit that may be required for water and/or wastewater construction,
including, but not limited to, a SFWMD ERP or MSW, ACOE Dredge-Fill,
NPDES, FDOT, etc.
4. Pre-construction meeting as outlined in Section 9.2.
8.7 Construction Document Modification
The County prior to construction must approve all modifications to County-approved
construction documents. The Engineer of Record shall submit a Construction Document
Modification including a written technical description of all modifications, the review fee, and
the revised construction drawings to the County for written approval prior to construction.
SECTION NINE: CONSTRUCTION OBSERVATION AND INSPECTION
9.1 General
Installation of all water and/or wastewater facilities and/or connections to existing utility
facilities within the County shall be observed and inspected by qualified professional and
technical personnel. Construction observation and inspection is required to ensure that the
facilities accepted by the Board have been installed in substantial accordance with the County-
approved construction drawings and technical specifications. Construction observation and
inspection is further necessary to ensure that the County and the water and/or wastewater
Districts shall receive utility facilities that require minimum capital expenditure for operation
and maintenance.
9.2 Pre-Construction Meeting
Upon County approval of a project's construction documents and prior to the commencement
of construction, a pre-construction meeting shall be conducted, pursuant to the LDC. The pre-
22
construction meeting shall be held in the offices of the County or, if deemed appropriate, at the
office of the Engineer of Record. Representatives of the County, the Applicants, the Engineer
of Record, the Utility Companies, the Contractor and the Developer shall attend the pre-
construction meeting, where necessary. At the pre-construction meeting, a schedule of
construction activities and copies of all applicable state and federal permits shall be provided to
the County representative(s). At least 48 hours written notice shall be provided for scheduling
the pre-construction meeting with the County. Should any utilities construction commence prior
to the pre-construction meeting, the County shall have the right to require partial or full
exposure of all completed work for observation, inspection and verification that the utilities
were installed in substantial accordance with the approved construction documents and
technical specifications.
9.3 Construction Scheduling
All water and/or wastewater facilities construction in right-of-way areas including pressure
testing and sewer lamping shall be completed in substantial accordance with the approved
construction plans and technical specifications prior to proceeding with the stabilization of the
roadway subgrade. Installation of improvements, that would complicate corrective work on the
water and/or wastewater facilities, shall be considered in scheduling all adjoining or related
phases of the construction. The County shall be notified within 24 hours, with written follow-
up, of any problems and/or conflicts with the construction of required improvements as they
affect the completion of the proposed facilities in substantial accordance with the approved
construction plans and technical specifications. Failure to comply with this regulation shall
constitute just cause for the issuance of a Stop Work Order by the County; and the County shall
have the right to require partial or full exposure of any related work which has been completed
in order to observe, inspect, and verify that the utilities were installed in substantial accordance
with the approved construction plans and technical specifications.
9.4 Construction Observation and Inspection
9.4.1 General
Pursuant to the F.A.C., Chapters 17-6 and 17-22, the construction of water and/or wastewater
facilities requires a Professional Engineer ("P.E.") to certify the construction was completed in
substantial accordance with the approved construction plans and technical specifications. The
certification must be based upon on-site observation of construction; therefore, all water and/or
wastewater facilities construction shall require on-site construction observation complying with
the LDC and F.A.C., Chapters 17-6.140(5)3 and 17-22.108(6)4, as may be amended. The
construction observation shall be performed by a P.E. licensed to practice in the State of Florida
or a designated technical representative under the P.E.'s direction.
The P.E.'s certification of construction compliance with County-approved construction
documents, verifies that the water and/or wastewater facilities are constructed in compliance
with Record Drawings. Reference Section 10: Utilities Conveyance Procedures.
9.4.2 Construction Inspections by County
Upon final approval of construction documents by the County, the Engineer of Record will be
provided with a list of standard inspections that require the presence of a County representative.
23
All required inspections shall be identified in the County's approval letter for the project. Based
upon the scheduling and progress of construction, the Engineer of Record or applicant's
contractor shall be responsible for requesting County inspections. Written requests for
inspections shall be provided to the County at least 48 hours prior to the requested inspection to
allow scheduling of the County Inspector. Verbal confirmation of the inspection time or a
request to reschedule the inspection during the County inspection, the Engineer of Record or
his/her designated representative will be available on-site.
Routine County inspections will be carried out without notice on all water and/or wastewater
facilities construction to ensure compliance with the approved construction documents. In the
event the County Inspector, or an employee of the Public Utilities Division, during an onsite
inspection, find construction in progress which does not comply with the procedures and
policies contained herein and/or the approved construction documents, the County Inspector, or
employee of the Public Utilities Division shall have full authority to issue a Stop Work Order.
Such Stop Work Order shall remain in full force and effect, with respect to the defective work,
until the documented discrepancies have been corrected and to the full satisfaction of the Public
Utilities Division. Construction-related inspections, where applicable, shall include, but not be
limited, to the following:
a) Hot taps to water and sewer facilities.*
b) Master meter and bypass piping.
c) Jack & Bore casings.
d) Pressure tests.*
e) Infiltration/Exfiltration tests.
f) Lift station installation, prior to cover-up and start-up.
g) Lift station start-up.*
h) Lamping of sewer lines.
i) Flushing of sewer lines, force mains, water mains and effluent lines.*
j) Television video taping of sewer lines at end of construction and the warranty period
("in-office review").
k) Fire hydrant thrust blocks.
1) Conflict box construction.*
m) Connections to existing water and sewer facilities.*
n) Casing installations.
o) Other special requirements as specified by the County at the time of construction
document approval.
The County must be present at the inspections noted with "*" above.
24
9.4.3 Preliminary Inspections
A preliminary inspection of the completed facilities is required prior to any conveyance to and
acceptance by the Board. During this inspection, the utilities will be checked for compliance
with the approved construction drawings and/or approved revised construction drawings. All
facilities must be in full compliance with the County-approved record construction drawings, or
County-approved revised construction drawings, prior to conveyance to the Board for
acceptance. Reference Section 10: Utilities Conveyance Procedures.
9.4.4 Final Inspections
The final inspection shall be conducted no earlier than one (1) year after acceptance and
conveyance of the utility facilities by the Board. During this inspection, the utility facilities
shall be examined for any defect in materials and workmanship and for physical and
operational compliance with the County-approved record construction drawings. The UPS shall
remain in effect until the final inspection has been satisfactorily completed and the Developer is
so notified in writing. Reference Section 10: Utilities Conveyance Procedures.
SECTION TEN: UTILITIES CONVEYANCE PROCEDURES
10.1 General
Water and/or wastewater facilities, constructed pursuant to the standards and procedures
established herein shall be conveyed to and accepted by the Board. Preliminary acceptance
shall be approved by the Community Development and Environmental Services Administrator
or designee. Final acceptance shall be approved by the Board after the one (1) year warranty
period and the Final Inspection.
10.1.1 Water Line Acceptance
1. Board shall accept for ownership and operation potable water systems with
pipes six inches (6) or greater in diameter, including the water meter and/or
backflow device with the exception of internal potable water distribution (PWD)
systems The for such facilities as rental apartments, shopping centers, strip malls,
high rise condominiums, recreational vehicle parks, mobile home parks or any
other multi-family projects that cannot or do not provide the required CUEs
paralleling a typical single family street cross-section or any other project that does
not comply with or meet the intention of this Ordinance.
2. Gravity Sewer Line Acceptance. The Board shall accept for ownership and
operation gravity wastewater collection systems with pipes eight inches (8")or
greater in diameter with the exception of internal gravity wastewater collection
systems for such facilities as rental apartments, shopping centers, strip malls, high
rise condominiums, recreational vehicle parks, mobile homos parks or any other
multi-family projects with gravity wastewater collection systems that cannot or do
not provide the required CUEs paralleling a typical single family street cross-
section. The gravity wastewater collection system shall lie within a CUE if it is to
be owned and operated by the Board. The minimum acceptable as-built slope shall
25
not be more than 10% below the allowable slope or 10% less than the design slope.
See Section 17-6.140(a)2, Florida Administrative Code, for details.
All non-potable reuse irrigation water systems not currently owned by or required to be owned
by the District shall be owned and maintained, in their entirety by the applicant, his successors
or assigns, from the connection valve from the County Master Meter at the entrance to the
project.
10.1.2 Gravity Sewer Line Acceptance. The Board shall accept for ownership and operation
gravity wastewater collection systems with pipes eight inches (8") or greater in diameter with
the exception of internal gravity wastewater collection systems for such facilities as rental
apartments, shopping centers, strip malls, high rise condominiums, recreational vehicle parks,
mobile homes parks or any other multi-family projects with gravity wastewater collection
systems that cannot or do not provide the required CUEs paralleling a typical single family
street cross-section. The gravity wastewater collection system shall lie within a CUE if it is to
be owned and operated by the Board.
10.1.3 Lift Station and Force Main Acceptance. The Board shall accept for ownership and
operation wastewater collection systems including force mains with pipes four inches (4") or
greater in diameter and lift stations with the exception of intemal wastewater collection systems
for such facilities as rental apartments, shopping centers, strip malls, high rise condominiums,
recreational vehicle parks, mobile homes parks or any other multi-family projects with gravity
wastewater collection systems that cannot or do not provide the required CUEs paralleling a
typical single family street cross-section. The wastewater collection system shall lie within a
CUE if it is to be owned and operated by the Board. Telemetry may be required for private lift
stations.
All other internal wastewater collection systems shall be owned, operated and maintainedby a
master property owner's association or comparable private ownership.
10.2 Conveyance Documents
At the time of the County's final approval of construction documents, County shall provide
Developer with County's checklist of the conveyance documents required for submission at the
time the constructed facilities are dedicated to County. All conveyance documents, including
but not limited to, Deeds, Bills of Sale, Affidavits, Easements, Facilities Agreements, Facilities
Leases, Subordination by Lien Holders or Mortgages, Master Condominium/Homeowner's
Association documents, Irrevocable Standby Letters of Credit, and UPSs, shall be in a form
acceptable to the Collier County Attorney. A schedule of standard legal documents forms,
approved by the County Attorney, shall be utilized as a guide for the preparation of the
conveyance documents. This schedule is located within Appendix A and B. Revisions to these
forms must be reviewed and approved by the County Attorney.
All documents shall be submitted to County for review and written approval and prior to
acceptance of the utility facilities and commencement of service. Recording of all documents
shall be made by the County only after written acceptance by the Community Development and
26
Environmental Services Administrator or designee. All documents recorded hereafter, which do
not follow this procedure, shall be returned as unacceptable.
For projects which the water and/or wastewater facilities are not being conveyed to the Board,
the final association documents shall contain a disclaimer stating: "The o~site water and/or
wastewater facilities are to be owned and maintained by the Master
Condominium/Homeowner's Association" (or other comparable private ownership).
10.3 Inspection
County requires a preliminary and final inspection of all water and wastewater facilities
constructed. The construction of all water and/or wastewater facilities must be observed and
certified by the Engineer of Record and be inspected by the County. The nature and extent of
the construction observation and inspection is detailed in Section 9.4.
10.4 Record Construction Drawings
The record construction drawings shall accurately depict the constructed configuration of the
water and wastewater facilities to be conveyed to the Board. All revisions to the approved
construction drawings shall be precisely identified and illustrated on the record construction
drawings. The following items shall be accurately depicted on the record construction
drawings:
a) Sewer system inverts, pipe slopes, manhole rim elevations and run lengths. A
negative (-) 10% sewer slope deviation from design slope is considered a substantial
deviation and will not be accepted. See Section 17-6.140(a)2, Florida Administrative
Code, for details.
b) Sewer lateral locations stationed from the nearest downstream manhole.
c) Sewer main stub extension inverts at both ends, pipe slope, run length and location.
d) Tie-ins and/or stationing location to all valves, air release assemblies, fire hydrants,
manholes, blowoffs, etc.
e) Location and dimensional ties to lift station electrical services and transformer.
All record construction drawings of utility facilities that are not being conveyed to the Board
for a particular Water-Sewer District shall bear a prominently displayed DISCLAIMER, in bold
lettering at least 1/4 inch high, stating: "The on-site water and/or wastewater facilities are to be
owned and maintained by the project developer and/or the master condominium/homeowners'
association," or other comparable private ownership.
Five (5) sets of signed and sealed record construction drawings for the water and/or wastewater
facilities to be conveyed shall be submitted to County. When water and wastewater facilities
are being conveyed, seven (7) sets of signed and sealed record construction drawings shall be
submitted to County. Each sheet of the record construction drawings shall identify the entity
that provided the record data. Record drawings shall be provided magnetically in ACAD14 or
later version.
27
10.5 Bacterial Analysis
Pursuant to FDEP requirements and regulations, bacterial analyses are required for all potable
water transmission and distribution facilities to be constructed. Bacteriological samples for new
water facilities construction shall be performed during or after preliminary acceptance of the
facilities. All such analysis shall be performed only by the Water Department laboratory and, at
no cost to County, with test results submitted within 15 days of being placed in service for
transmission lines and 30 days of being placed in service for distribution lines. The Public
Utilities Division will not process meter installations and the Certificates of Occupancy until
satisfactory bacterial tests are submitted and the Division receives the FDEP placement in
service approval. The Developer shall be responsible for coordinating all aspects for the
submission of all necessary test results and State approvals for placement in service of the
water facilities.
10.6 Final Costs
The Developer or Engineer of Record shall submit a detailed schedule of the materials utilized
for the utility facilities construction. This schedule shall include the type of items, quantities
utilized, unit cost and total cost for each individual item utilized in the water and/or wastewater
facilities construction. The total cost of all items utilized for the water and/or wastewater
facilities shall be clearly shown on the schedule. Costs shall be tabled separately for County
Owned and Privately Owned infrastructure.
10.7 Test Results
All test data, i.e., pressure, inflow and infiltration, fire flow capacity, etc., required for submission
with the conveyance documents shall be certified by an Engineer licensed to practice in the State
of Florida. Certification shall bear the raised seal and an original signature of the engineer. Each
certification shall contain computations illustrating the allowable limits for each test based on
current accepted test standards and the actual field test data obtained. Leakage within water
systems and sewage force main systems shall comply with AWWA Standards. Sewer system
infiltration/exfiltration data shall conform to a standard of 50 gallons/inch of diameter/mile/day
for all types of pipe and conform to procedures in the UTILITIES TECHNICAL MANUAL Fire
flow capacity within the water distribution system must be verified through field-testing to
demonstrate that required fire flow rates are available. Fire flow testing shall be accomplished
during peak flow hours.
10.8 Lift Station Submittals
A copy of the manufacturer's startup report for each facility shall be provided. Included with
these items shall be a written verification from the electrical contractor for the lift station
verifying the wire type and size for the electric service and certifying that the voltage drop across
the service under full loan startup will not exceed 5% of the power company's line voltage at the
transformer supplying the station. All tools, such as access cover lock handles, valve wrenches,
keys or panel locks, required for the ready access and use of the facilities shall also be submitted
with the documents.
28
10.9 Recordation Fees
The Developer of a project will be responsible for the payment of all recordation fees associated
with the utilities conveyance procedures. The Public Utilities Division or designee shall invoice
and the Developer shall remit the total amount of the recording fee associated with recording the
conveyance documents prior to the final acceptance of the water and/or wastewater facilities.
SECTION ELEVEN.
THIS SECTION IS BY OPERATION OF THIS ORDINANCE
HEREAFTER INCLUDED IN THE COLLIER UTILITIES
TECHNICAL STANDARDS MANUAL:
SECTION TWELVE:
THIS SECTION IS BY OPERATION OF THIS ORDINANCE
HEREAFTER INCLUDED IN THE COLLIER UTILITIES
TECHNICAL STANDARDS MANUAL.
SECTION THIRTEEN: AMENDMENTS
County may recommend amendments to this Ordinance as may be necessary upon prior review
by the Utility Code Sub-committee of the Development Services Advisory Committee, by the
Public Utilities Administrator on technical matters and, in case of conflicts with the LDC, upon
the additional prior review by 'the Community Development and Environmental Services
Administrator. Revisions shall be made annually to the "Collier Utilities Technical Standards
Manual" by the Public Utility Administrator to reflect best engineering practices, technology
advances, compliance with other agencies, and public input. These revisions shall also be
reviewed by the parties listed above.
SECTION FOURTEEN: PENALTY
Section 6.1 of the Collier Code of Ordinances applies to this Ordinance, In addition, any person
who violates any section or provision of this Ordinance shall be prosecuted and punished as
provided by Section 125.69, Florida Statutes. Each day the violation continues shall constitute a
separate offense. Additionally, the Board may bring suit for damages, to restrain, enjoin or
otherwise prevent the violation of this Ordinance in the Circuit Court of Collier County. This
Ordinance may also be enforced by Collier County Code Enforcement Boards.
SECTION FIFTEEN: REPEAL OF ORDINANCES AND RESOLUTIONS
Collier County Ordinance No. 97-17, No. 98-53 and No. 2000-59 are hereby repealed and
superseded in their entirety. The following Collier County Resolutions are also repealed:
Resolutions Nos. CWS No. 97-2, MWS No. 97-2, and GWD No. 97-2.
SECTION SIXTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections 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 SEVENTEEN: CONFLICT AND SEVERABILITY
The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes
in the interest of public health, safety, welfare, and convenience. If any section, phrase, sentence
29
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision, and such holding shall not affect the validity of the remaining portions thereof.
SECTION EIGHTEEN: EFFECTIVE DATE
This Ordinance shall become effective upon being filed with the 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 Ex-Officio the
Governing Board of the Collier County Water-Sewer District, the Marco Water and Sewer
District and the Goodland Water District, this ~..3~4~ day of C~0~'T"th/~ ~'/~ ,2001.
CLERK
BO~ OF CO~ COMMISSIO~RS
~'~' ~ COLLIER CatTY, FLOmDA, AS mE GOVE~G.
BODY OF COLLIER CO~, FLOmDA,:6~ AS ~',
EX-OFFICIO ~E GOVE~G BO~ OF%THE
COLLIER COUNTY WATER-SEWER DISTRIC'T~. THE.
MARCO WATER AND SEWER DISTRICT AND
GOODLAND WATER ~
BY: JAMES~~~A~iiRM~AN
Approved as to form
and legal sufficiency:
Thbmas C. Palmer,
Assistant County Attorney
This ordinance fi~ed with tree
Secretory of State's Office the
and acknowledgement of that
filing received this
APPENDIX A, B, AND C FOLLOW
ON FOLLOWING PAGES:
30
APPENDIX A - STANDARD LEGAL DOCUMENTS
INSTRUCTIONS
The following forms are to be used as a guide to preparers of instruments which shall be
submitted to the Board for acceptance of water and/or wastewater utility facilities. Adherence
to the form and instructions contained below will assure an expeditious review by the Collier
County Attorney's Office, which in turn will speed the process of utility facilities acceptance by
the Board. Deviation in substance or form from the suggested specimen forms may result in a
substantial delay or disapproval of the utility facilities acceptance documents by the County
Attorney's Office.
PLEASE CAREFULLY READ THESE INSTRUCTIONS BEFORE PREPARING
INSTRUMENTS
INSTRUCTION NO. 1. Each specimen form is prepared in a manner that indicates to the
preparer the location and the type of information that needs to be inserted. This is indicated by
[brackets which contain instructions]. Most bracketed information is self-explanatory.
However, where an in-depth instruction of the type of information to be inserted is appropriate,
the bracketed information gives a brief explanation followed by a reference to an instruction.
That instruction correlates to the following instructions.
INSTRUCTION NO. 2. Name of grantor/mortgagee/developer/lessee/owner/surety/issuer/
applicant (hereinafter collectively referred to for the purposes of this instruction as "grantor").
If grantor is an individual, insert the grantor's name followed by the grantor's marital status. If
the grantor is married, the grantor's spouse must join in any conveyance instrument. As an
alternative to having a grantor's spouse join in a conveyance instrument, a paragraph can be
added below the reference to Exhibit "A" which says: "The subject lands are not homestead
lands."
If the grantor is a corporate entity, show the correct name of the corporation and identify the
state or other jurisdiction in which it is incorporated.
If the grantor is a partnership entity, show correct name of the partnership, identify whether the
partnership is a general or limited partnership, and identify the state or other jurisdiction under
which the parmership was created and presently operates.
If the grantor is a trust insert the trustees name, as trustee. If appropriate (Section 689.071,
Florida Statutes), identify the trust and recite the authority of the trustee to convey. Your
attention is directed to Chapter 689, Florida Statutes.
INSTRUCTION NO. 3. Witness and signature block. All instruments, unless otherwise noted
thereon, require two (2) witnesses. Example witness and signature blocks are as follows:
31
Execution by an individual:
S/
An individual
First Witness - Signature
First Witness - Print or Type Name
Second Witness - Signature
Witness - Print or Type Name
Execution by a Corporation:
XYZ Corporation, Inc., a Florida Corporation
By: (L.S.)
Name, [ President] or [Vice-President]
Note: (L.S.) is effective as the Corporate
Seal.
First Witness - Signature
First Witness - Print or Type Name
Second Witness - Signature
Second Witness - Print or Type Name
NOTE: In lieu of using two individual witnesses, a corporation may execute these instruments
by having the President's or the Vice-President's signature witnessed by the Corporation's
Secretary (a Corporate Officer) and by affixing the Corporation's seal. Sections 692.01 and
692.02, Florida Statutes. A hand written or imprinted scrawl, scroll or seal, affixed as the
corporate seal below the corporate officer's signature is an effective seal. Section 695.07,
Florida Statutes.
XYZ Corporation, Inc., a Florida Corporation
By:
Name, Title
(Corporate Seal)
[The corporate seal can either be by simply typing the words "Corporate seal" OR by printing
or stamping the words "Corporate seal" on the page under the President's or a Vice-President's
signature.
32
Witness:
By:
John R Smith, Corporate Secretary *
· The Corporate Secretary is effectively the same as two individual witnesses.
Execution by a partnership with an individual acting as its general partner:
ABC Partnership
By:
[Name], as the General Partner
Execution by a partnership with an entity acting as its ~eneral partner:
ABC, a Florida Partnership
By XYZ Corporation, Inc., a corporate General Partner acting on behalf of the Parmership
By:S/
Name, President [or Vice-President]
First Witness - Signature
First Witness - Print or Type Name
Second Witness - Signature
Witness - Print or Type Name
Execution by Section 689.070, Florida Statutes, Trustee:
S/
[Name], as Trustee
First Witness - Signature
First Witness - Print or Type Name
Second Witness - Signature
Witness - Print or Type Name
Execution by Section 689.071, Florida Statutes, Trustee:
By:
Sally Springfield, as Trustee
of the above referenced Trust
33
First Witness - Signature
First Witness - Print or Type Name
Second Witness - Signature
Second Witness - Print or Type Name
INSTRUCTION NO. 4. ACKNOWLEDGMENT AND NOTARY BLOCK. The following
forms of acknowledgment and notary block are sufficient.
For execution by one individual:
State of
County of
The foregoing instrument was ackrrowledged before me this
20 , by
produced identification ~
(Affux notary seal)
S/
Notary Public
day of
who is personally known
Type of identification produced:
OR who
Notary [Typed of Printed Name (or stamp)]
My Commission Expires:
For Execution by a Corporation:
State of
County of
The foregoing document was acknowledged before me by [insert the name of person signing],
[corporate title must be either President, Vice President or Chief Executive Officer [unless an
appropriate corporate resolution is attached and which specifically authorizes the respective
execution by some other corporate officer] of [insert the name of the corporation], a [insert the
State of incorporation] corporation, on behalf of the corporation, who is personally known ~
OR who produced identification. Type of identification produced:
W1TNESS my hand and official seal this day of
Notary Public
My Commission Expires:
(Affuc notary seal or stamp)
Notary's Typed or Printed Name [if not in Notary stamp]
34
For execution by a partnership by a general partner who is an individual:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [name of individual who signed], general
parmer, on behalf of the pannexship, a [insert name of state or jurisdiction under whose laws the
pannership was formed and operates] [identify the type of partnership] partnership. Personally
known OR who Produced identification . Type of identification produced
WITNESS my hand and official seal this
S/
Notary Public
day of ,20
Notary Printed Name
My Commission Expires:
For execution by a partnership whose general partner is an entity:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [name of person signing], [corporate
title, must be either President, Vice President or Chief Executive Officer [unless an appropriate
corporate resolution is attached which specifically authorizes execution by some other corporate
officer] of [exact name of corporation], a [State of incorporation], as the corporate entity general
parmer, on behalf of [insert exact name of partnership], a [insert name of state or jurisdiction
under whose laws the partnership was formed and presently operates] [identify type of
pannership]. Personally known or Produced identification __. Type of identification
produced
WITNESS my hand and official seal this ~ day of
., 20
Notary Public
(Mfix notary seal)
Notary Printed Name My Commission Expires:
For an execution by a Section 689.070, Florida Statutes, Trustee:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [insert exact name of person si~ing ],
individually, and as Trustee. Personally known OR Produced identification . Type of
identification produced
WITNESS my hand and official seal this day of
,20
(Affnc notary seal)
Notary Public
Notary Printed Name My Commission Expires:
For an execution by an individual as a Section 689.071, Florida Statutes, Trustee:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [insert exact name of person signing], as
Trustee on behalf of the above-referenced Trust.
identification __. Type of identification produced
WITNESS my hand and official seal this __
Notary Public
Personally known OR Produced
· day of
(Affix notary seal)
,20
Notary Printed or Typed Name
My Commission Expires:
For execution by a corporation as a Section 689.071, Florida Statutes, Trustee:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [name of person signing who must be
either the Presidem, a Vice President or the Chief Executive Officer, OR an appropriate corporate
resolution must be attached to prove that the person signing is authorized to sign on behalf of the
corporation as Trustee of the above referenced Trust.. Personally known or Produced
identification . Type of identification produced
WITNESS my hand and official seal this
Notary Public
day of
(Affm notary seal)
,20
Notary Printed or Typed Name
My Commission Expires:
INSTRUCTION NO. 5. Exhibits attached to all instruments must describe the real property that
encompasses the subject utility facilities or easement. Language on the legal description Exhibit
that alters or qualifies the instrument to which it is attached is unacceptable.
INSTRUCTION NO. 6. For the purposes of simplidty and brevity, references in this Appendix
and Collier County Ordinance No. 97- , as amended, to the Collier County Water-Sewer
District shall also be construed to refer to the Marco Water and Sewer District or the Goodland
Water District, where appropriate and as the context requires. Preparers of legal documents are
cautioned to determine to which District their documents should nm before preparing and
submitting documents.
INSTRUCTION NO. 7. Notarization of an oath. The proper notarization of an oath (or
affirmation) is as follows: "SUBSCRIBED AND SWORN to before me this ~ day of
36
, 20__." An acknowledgment is not acceptable for any affidavit (Subsection
117.05(13), Florida Statutes. The affiant must both swear to the document in the presence of the
Notary and sign the document in the presence of the Notary.
INSTRUCTION NO. 8. This Appendix is provided as a guide to preparers and is not intended
to be all-inclusive. All documents will be reviewed on an individual basis. If the preparer is unsure
of the required form or content of any document, he or she should seek professional advice or
assistance prior to preparing and submitting the document for acceptance.
Form 1 -Rev. 10/01 (Facilities Agreement)
Utilities Acceptance- Doc. #320
*[Identify type of treatment facility by inserting
either water or sewer in title of this instrument]
* FACILITIES AGREEMENT
THIS AGREEMENT is made and entered into this [day] day of [month], [year], by and
between
[Name 6f developer - see Instruction No. 2]
(hereinafter referred to as "Developer"), and THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT (hereinafter referred to as "County"). Developer is
used as singular or plural, as the context requires.
RECITALS:
WHEREAS, for the purposes of this Agreement the term "Developer" shall include the
Developer, the Developer's heirs, successors, and assigns, including but not limited to any
wholly owned or controlled subsidiary entity who leases back any utility facilities fi.om the
County; and
WHEREAS, the Developer is the Owner of the [insert name of project shown below referenced
construction plans] development, (hereinafter "Project") and has submitted construction plans
for an interim [identify type of treatment facility by inserting water or sewer] treatment facility
(hereinafter "interim treatment facility") to the County for review and approval; and
WHEREAS, the Developer acknowledges and agrees that the Developer is required to provide
on-site interim utility facilities which service the Project until the utility facilities within the
Project can be connected to the off-site utility facilities operated by the County and the County
facilities have the available capacity to service the Project; and
WHEREAS, Collier County land development regulations require, and Developer covenants
and agrees, that the Developer shall connect any interim, utility system serving that Project to
the off-site utility system operated by the County when the County's system has been extended
to within two hundred (200) feet of the Project and the available off-site utility system has
available capacity to service the entire Project; and
37
WHEREAS, the extension of the off-site utility system operated by the County to within two
hundred (200) feet of the boundary of the Project shall be not required of the County as
performance under this Agreement; and
WHEREAS, all parties to this Agreement acknowledge and agree that the decision as to
whether or not any off-site utility system operated by the County has the capacity to service the
Project shall be made solely by the County; and
WHEREAS, the Developer acknowledges its obligation to dedicate all appropriate collection,
distribution and transmission facilities and appropriate easements to the County prior to placing
said facilities into service; and
WHEREAS, the Developer, or other successor entity satisfactory to the County, will maintain
and operate the interim treatment facility and the associated on,itc collection, distribution and
transmission plant pursuant to a lease agreement with the County as set forth herein below; and
WHEREAS, the developer has previously accepted the terms and conditions set forth in this
Agreement as part of the County's'review and approval of the Developer's land use petitions.
WITNESSETH:
NOW, THEREFORE, in consideration of the covenants hereinafter contained the parties agree
as follows:
1. RECITALS INCORPORATED. The above Recitals are true and correct and shall be
incorporated herein.
2. INTERIM FACILITY. The appropriate on-site treatment, collection, distribution and
transmission facilities are to be constructed as part of the proposed Project and shall be an
interim facility; all utility facilities shall be constructed to State and Federal standards and are
to be owned, operated and maintained by the Developer or other successor entity satisfactory to
the County until such time as the County's off-site utility facilities are available to service the
project. The interim treatment facilities shall supply services only to the Project or, subject to
the County's approval, other lands owned by the Developer. The interim treatment facilities
may not provide service outside the Project without the written consent of the County.
3. DEVELOPER TO DISMANTLE INTERIM TREATMENT FACILITY. Upon connection to
the County's off-site utility facilities the Developer shall abandon, dismantle and remove from
the site the interim treatment facility. All work related with this activity shall be performed at
no cost to the County whatsoever in accordance with FDEP standards.
4. CONNECTION TO COUNTY'S OFF-SITE SYSTEM AT NO COST TO COUNTY. The
Developer at no cost to the COUNTY will make connection to the County's off:site utility
facilities to the County within ninety (90) days after such facilities become available. The cost
of connection shall include, whenever the County requires, but not be limited to, all engineering
design and preparation of construction documents, permitting, modification or refitting of
existing pumping facilities, construction of new pumping facilities, interconnection with
County off-site utility facilities, any transmission, distribution or collection lines necessary to
38
make the connection and any required environmental audits, including the expense of bringing
the subject facilities into compliance and response costs for clearvup removal or remediation.
5. CONVEYANCE OF INTERIM TREATMENT FACILITIES NEEDED FOR
CONNECTION AND OPERATION OF COUNTY'S OFF-SITE SYSTEM. At the time the
County's off-site facilities are available for the Project to connect, all utility facilities required
by the County to make the connection with the County's oftZsite utility facilities shall be
conveyed to the County pursuant to County ordinances and regulations then in effect, together
with all utility easements required by the County. All construction plans and technical
specifications related to the connection of the County's off-site utility facilities shall be
submitted to the County for review and approval prior to commencement of construction.
COUNTY at its option may require conveyance of facilities internal to the project.
6. CUSTOMER TURNOVER. All customers served on an interim basis by the utility system
constructed by the Developer shall become customers of the County at the time when the
County's off-site sewer facilities are available to serve the Project and such connection is made.
Prior to connection of the interim utility system serving the Project to the County's offsite
utility facilities, the Developer shall mm over to the County a complete list of customers served
by the interim utility system and shall not compete in any way with the County for the service
of those customers. The Developer shall also provide the County with a detailed inventory of
the facilities served within the Project and cooperate fully in the transfer of any billing
procedures.
7. SYSTEM DEVELOPMENT CHARGES TO BE PAID PRIOR TO PERMIT ISSUANCE.
The Developer agrees to pay all applicable system development charges at the time that
Building Permits are required, pursuant to County Ordinances and Regulations then in effect.
This requirement shall be made known to all prospective buyers of properties for which
building permits will be required.
8. LEASEBACK OF DEDICATED FACILITIES. The County and the Developer shall enter
into a leaseback of the collection, distribution and transmission facilities to the Developer, or
other utility entity satisfactory to the County, to allow for continued operation of the interim
utility system. Such a leaseback shall be upon terms comparable to utility facilities lease
agreements then entered into by the County as required by and in accordance with applicable
County land development regulations and/or utility standards and procedures. Any such lease
agreement shall be in a form approved by the Office of the Collier County Attorney.
9. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and
assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year
first above written.
[Developer's witness and signature block - see Instruction No. 3]
39
ATTEST:
Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
Approved as to form and
legal sufficiency
BY:
, Chairman
By:
Assistant County Attorney
[Developer's acknowledgment and notary block - see Instruction No. 4]
Form 2 - Rev. 10/01 (Performance Bond)
Utilities Acceptance Documents -Doc. 320
UTiLITiES PERFOI~M~IqCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
[Insert name of Owner - See Instruction No. 2]
[Insert current business address of Owner]
(hereinafter referred to as "Owner", and
[Insert name of Surety - See Instruction No. 2]
[Insert current business address of Surety]
(hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida,
(hereinafter called "County"), in the total aggregate penal sum of [insert written dollar amount]
Dollars $[insert numeric dollar amount] in lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents. Owner and Surety are
used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a
certain Utilities Facilities Construction Contract, dated the [day] day of [month], 20[year], a
copy of which is hereto attached and made a part hereof; and
WHEREAS the County has a material interest in the performance of said Contract; and
WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land
Development Regulations") concerning the Owner's obligations to the County regarding the
construction, conveyance and warranty of water and sewer facilities constructed within the
unincorporated area of Collier County;
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and
duties to the County under said Land Development Regulations and all the undertakings,
covenants, terms, conditions, and agreements of said contract during the original term thereof,
and any extensions thereof which may be granted by the Owner, with or without notice to the
Surety and during the guaranty period established by the County, and thereafter, and if the
Owner shall satisfy all claims and demands incurred under such contract, and shall fully
indemnify and save harmless the County from all costs and damages which it may suffer by
40
reason of failure to do so, and shall reimburse and repay the County all outlay and expense
which the County may incur in making good any default, then this obligation shall be void,
otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to work
to be performed there under or the specifications accompanying same shall in any way affect its
obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon
amendment to the Contract not increasing the contract price more than 20 percent, so as to bind
the Owner and the Surety to the full and faithful performance of the contract as so amended.
The term "Amendment", wherever used in this bond, and whether referring to this bond, the
Contract or other documents shall include any alteration, addition or modification of any
character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this
day of ,20
[Owner's witness and signature block - see Instruction No. 3]
[Surety's witness and signature block- see Instruction No. 3]
[Notary and acknowledgment blocks for both Owner and
Surety required - See Instruction No. 4]
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
Form 3 - Rev. 10/01 - (Letter of Credit)
Utilities Acceptance Documents - Doc.//320
IRREVOCABLE ST~-DBY LETTE~ OF CREDIT NO.
[Insert issuer's identifying number]
ISSUER: [insert full name and street address of Issuer] (hereinafter "Issuer").
PLACE AND DATE OF ISSUE: [insert address where credit is issued and date of issue]·
PLACE OF EXPIRY: At Issuer's counters located at
· [ONLY In Collier County]
DATE OF EXPIRY: This Credit shall be valid until [insert date of first anniversary of date of
issue], and shall thereafter be automatically renewed for successive one-year periods on the
anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the
Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects mt to so renew
this Credit.
APPLICANT: [insert full name of person or entity- see Instruction No. 2] (hereinafter
"Applicant") [insert Applicant's current business address].
41
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") Collier County Courthouse Complex, Naples, Florida, 34112.
AMOUNT: $[insert dollar amount] (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sightdrawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT
DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT
PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "[insert
name of Applicant] has failed to construct and/or maintain the [identify type of improvements
by inserting water, or sewer, or water and sewer] improvements as shown on the plans for
[insert exact name or title of project shown on construction plans], or a final inspection
satisfactory to Collier County, pursuant to Collier County Ordinance No. 97-17, as amended,
has not been performed prior to the date of expiry, and satisfactory alternative performance
security has not been provided to and formally accepted by the Beneficiary".
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn
under [insert name of Issuer] Credit No. [insert Issuer's number identifying this letter of credit],
dated [insert original date of issue]". The original letter of credit and all amendments, if any,
must be presented for proper endorsement.
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking
shall not in any way be modified, amended, or amplified by reference to any documents,
instrument, or agreement referenced to herein or in which this letter of credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document,
instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
terms of this credit will be duly honored by Issuer if presented within the validity of this credit.
This credit is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or
later generally applicable) Revision] International Chamber of Commerce Publication No. 500
[or later Publication No.].
[Name of Issuer]
By:
{Insert title of corporate officer - must be signed
President, Vice President,
or Chief Executive Officer]
NOTE: Collier County shall not accept any Letters of Credit that cannot be presented in
Florida.
Form 4 - Rev. 10/01 (Utilities Facilities Subordination Consent and Joinder)
Utilities Acceptance-Doc #320
Leave 3" space blank space in upper right hand corner for recording purposes
UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER
THIS SUBORDINATION, CONSENT AND JOINDER given this [day] day of [month],
[year], by
[Name of Secured Party - see Instruction No. 2]
42
(Hereinafter referred to as "Secured Party"), in favor of the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter
referred to as "County"). Secured Party is used as singular or plural, as the context requires.
WITNESSETH:
WHEREAS, Secured Party is the owner and holder of that certain [insert the exact name of
each instrument to be subordinated] recorded in Official Records Book , Page
[insert the Official Records Book and first page reference for each instrument to be
subordinated] et seq of the Public Records of Collier County, Florida (hereinafter referred to as
"Securing Instrument(s)"), encumbering the premises legally described therein, (hereinafter
referred to as the "Encumbered Property").
WHEREAS, County has requested and received from the fee simple owner of the Encumbered
Property non-exclusive easements for the installation, relocation and/o___r maintenance of utility
facilities over, under and/o__rr across a portion of the encumbered premises legally described in
Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises
are hereinafter referred to as the "Easement Property".
WHEREAS, County has requested that Secured Party consent to, join in and subordinate its
Securing Instrument(s) to the interest that County has in the Easement Property to which
request Mortgagee has agreed.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, the Secured Party does
hereby consent to, join in and subordinate the lien of its security to the grant of that certain
easement described herein over, under, and across the Easement Property and any interest of
the County in any utility facilities located therein, thereon, or affixed thereto. Except as
subordinated to the easement described herein over, under, and across the Easement Property or
any utility facilities located therein or affixed thereto, said security interest shall remain
otherwise in full force and effect.
IN WITNESS WHEREOF, the Secured Party has caused these presents to be executed the date
and year first above written.
[Witness and signature block - see Instruction No. 3]
[Acknowledgment and notary block - see Instruction No. 4]
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
43
Form 5 - Rev. 10/01 - (Attorney's Affidavit)
Utilities Acceptance - Doc #320
ATTORNEY'S AFFIDAVIT
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, persena!!y on this day of
,20 , personally appeared , who is to
me is well known, and having been sworn and under oath, deposes and states:
1. My name is , I am over the age of twenty-one (21)
years, am otherwise suijuris, and have personal knowledge of the facts asserted herein.
law in the State of Florida. My Florida Bar Number is
is
I am a licensed attorney authorized to practice law in Florida and am currently practicing
.. My business address
· My business telephone number is
My business mailing
address
3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier
County, Florida, as the goveming body of Collier County and as Ex-Officio the Governing
Board of the Collier County Water-Sewer District to accept the dedication or conveyance of
[identify type of utility facility by inserting water, or sewer, or water and sewer] utility facilities
located within or upon the real property described in the attached Exhibit "A", which is
incorporated herein by reference, said land being located in Collier County, Florida.
4. The Affiant has examined record title information to both the real and personal
property referenced in this affidavit, including but not limited to, information requested
fi.om the Florida Secretary of State relative to any Uniform Commercial Code financing
statements.
5. The record owner of the real property described herein is [give full legal name of
owner as it appears in title information; if owner is an entity make reference to the laws
of the state or jurisdiction under which entity was created and presently operates]
(hereinafter "Owner"). The Owner acquired record title to the subject real property by
instrument recorded at Official Records Book , at Page [insert official
record book and first page of instrument where owner acquired title], Public Records,
Collier County, Florida (copy attached)
[If the record owner is an entity, the Affiant must indicate that he has examined corporate or
parmership information obtained from the jurisdiction under which the entity was created and
presently operates, that the entity is current and active within said State or jurisdiction, that the
entity is currently authorized to do business in the State of Florida, and identify the exact name
and title of the persons authorized to execute the instruments on behalf of the entity in
conjunction with the conveyance of the subject real and personal property.]
44
[Pursuant to Section 689.071, Florida Statutes if the record owner is a trustee, the Affiant shall
state that the Trustee has full power and authority to execute instruments of conveyance on
behalf of the Trust and, if applicable, incorporate by reference and attach supporting
documentation.]
[If the record owner is an individual, the Affiant must state the marital status represented to the
Affiant by the individual and, if mamed, state whether or not the individual has represented the
subject real property is homestead property.]
6. The Affiant shall state whether the subject real and personal property is encumbered of
record, or is the subject of any mortgage or other financing statement(s) that encumber title to
the Utility Facilities being conveyed and/or easement filed in the Public Records of Collier
County, Florida or the Office of the Secretary of State. If the subject real or personal property is
encumbered the Affiant shall specifically describe each lien, encumbrance or financing
statement, citing appropriate recording information and the Affiant shall attach and incorporate
by reference a copy of each lien, encumbrance, or financing statement.
Note: [Every item listed in paragraph 6 of the Affidavit must be subordinated. Do not
list any items that does not encumber title to either the utility facilities or any easement
being conveyed.
7. Affiant further states that the information contained in this Affidavit is true, correct and
current as of the date this Affidavit is given. [INFORMATIONAL NOTE: Per Ordinance the
date of this Affidavit must not be signed and dated more than sixty (60) days prior to the
meeting at which the Board of County Commissioners considers the acceptance of the subject
utility facility documents.]
FURTHER AFFIANT SAYETH NAUGHT.
DATED this day of ,20
Affiant Signature
Affiant Printed Name
[No witnesses required]
[Notary block] - SUBSCRIBED AND SWORN to before me this day of
., 20m, by (Insert name of person taking the oath), who is personally known
OR produced identification Type of Identification Produced
Notary Public
My Commission Expires:
Notary Printed of Typed Name
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
45
Form 6 - Rev. 10/01 (Owners Affidavit)
Utilities Acceptance- Doc #320
STATE OF
OWNERS AFFIDAVIT
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
who to me is well known, and having been duly sworn and under oath, deposes and states:
1. My name is , I am over the age of twenty-one (21) years, am
suijuris, and have personal knowledge of the facts asserted herein.
, and legally
2. I am the owner of said real property located at
described on Exhibit "A".
3. All persons, firms, and corporations, including the general contractor, all subcontractors and
sub-subcontractors, materialmen and suppliers who have furnished services, labor or materials
according to plans and specifications, or extra item~ used in the construction or repair of
[identify type of utility facility by inserting water, or sewer, or water and sewer] utility facilities
on the real estate hereinafter described, have been paid in full and that such work has been fully
completed and unconditionally accepted by the owner.
4. No claims have been made to the Owner, nor is any suit now pending on be'half of any
contractor, subcontractor, sub-subcontractor, supplier, laborer or materialmen, and no chattel
mortgages or conditional bills of sale have been given or are now outstanding as to the subject
utility facilities placed upon or installed in or on the aforesaid premises.
5. The utility facilities described herein are not included in, encumbered by, or subject to any
real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code
financing statement, or any other encumbrance that might affect marketable title to the subject
utility facilities and/or easement(s).
6. As and on behalf of the owner of the subject utility facilities, does for valuable consideration
hereby agree and guarantee, to hold the Board of County Commissioners of Collier County,
Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the
Collier County Water-Sewer District harmless against any lien, claim or suit by any general
contractor, subcontractor, sub-subcontractor, supplier, mechanic or materialman, and against
chattel mortgages, security interests or repair of the subject utility facilities by or on belalf of
Owner. Affiant is used as singular or plural, as the context requires.
46
The utility facilities referred to herein are located within the real property described in the
attached Exhibit "A".
FURTHER AFFIANT SAYETH NAUGHT.
DATED this day of ,49
Affiant Signature
Printed Name
[No witnesses required]
[Notary block]
OR
SUBSCRIBED AND SWORN to before me this day of
., 20 , by (Insert name of person taking the oath), Personally known
produced identification Type of Identification Produced
S/
Notary Public
My Commission Expires:
Notary Printed or Typed Name
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
Form 7 - Rev. 10/01 (Utility Easemen0
Utilities Acceptance -Doc #320
Leave 3" blank space in upper right hand comer for recording purposes
UTILITY EASEMENT
THIS EASEMENT, granted this [day] day of [month], 20 [year], by
[Name of Grantor - see Instruction No. 2] as Grantor, to the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee.
WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00)
and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a
perpetual, non-exclusive easement, license, and privilege to enter upon and to install, relocate
and/o__fr maintain utility facilities, in, on, over and under the following described lands being
located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right
to enter upon said land, excavate, relocate and/o__r take materials for the purpose of constructing,
47
operating, relocating and/o__r maintaining the subiect utility facilities thereon. Grantor and
Grantee are used for singular or plural, as the context requires.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
[Witnesses and signature block - see Instruction No. 3]
[Acknowledgment and notary block - see Instruction No. 4]
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
Form 8 - Rev. 10/01 (Warranty Deed and Bill of Sale)
Utilities Acceptance - Doc. #320
Leave 3" blank space in upper right hand comer for recording purposes
UTILITY FACILITIES
WARRANTY DEED AND BILL OF SALE
THIS INDENTURE made this [day] day of [month], 20[year],
between
[Name of Grantor - see Instruction No. 2] (hereinafter referred to as "Grantor"), and the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and
assigns, (hereinafter referred to as "Grantee").
WITNESSETH:
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs,
successors and assigns forever, all [identify type of utility facilities by inserting water, or sewer,
or water and sewer] utility facilities lying within the following described land, together with
appurtenant easement fights for the operation, relocation, installation and maintenance of said
facilities, situate, lying and being in Collier County, Florida, to wit:
(See Exhibit "A" attached hereto and
incorporated by reference herein.)
and said Grantor does hereby fully warrant the title to said utility facilities, be they realty,
personalty, or mixed, and will defend the same against the lawful claims of all persons
whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall
not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are
used for singular or plural, as context requires.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right
to enter upon said land, excavate, relocate and/or take materials for the purpose of constructing,
relocating, operating, and maintaining utility facilities thereon. Grantor and Grantee are used
for singular or plural, as the context requires.
48
IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year
first above written.
[Witness and signature block - see Instruction No. 3]
[Acknowledgment and notary block - see Instruction No. 4]
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
[NOTE: The "BILL OF SALE" can be been dispensed with, it is not needed if the combination
Deed and Bill of Sale is used.]
Form 10 - Rev. 10/01 - (FACILITIES LEASE)
Utilities Acceptance- Doc. #320
Leave 3" blank space in upper right hand comer for recording purposes
* [Identify the type of utility facilities to be leased by inserting water or sewer in the title of this
instrument]
* FACILITIES LEASE
THIS LEASE, executed this [day] day of [month], by and between the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as the "Lessor")
and [Name of Lessee - see Instruction No. 2] (hereinafter referred to as the "Lessee").
RECITALS:
WHEREAS, [identify the type of utility facilities to be leased by inserting water or sewer]
utility facilities lying in the lands described in Exhibit "A" attached hereto and incorporated
herein by reference were conveyed to Lessor by Lessee, and the Lessor is now the owner of
said facilities; and
WHEREAS, the Lessee is the owner of a [identify the type of utility facilities to be leased by
inserting water or sewer] treatment plant and has agreed to provide service to the [insert name
of project] development (hereinafter "Project") until such time as the Lessor desires to provide
treatment by means of the Lessors treatment facilities; and
WHEREAS, the Lessee needs to have possession and use of the facilities described in Exhibit
"A" for so long as it is obligated to provide interim treatment service to the Project.
WlTNESSETH:
NOW THEREFORE, in consideration of the mutual covenants of the parties hereto, Ten
Dollars ($10.00) and other good and valuable consideration exchanged among each of the
parties, receipt and sufficiency of which is hereby acknowledged by each party, the parties
agree as follows:
49
1. RECITALS INCORPORATED. The above recitals are true and correct and shall be
incorporated herein.
2. LEASED PROPERTY. The Lessor shall lease to the Lessee all of the utility facilities
described herein and located on the lands described in Exhibit "A".
3. TERM. The term of the lease shall be ten (10) years. At the end of ten (10) years, the lease
shall be automatically renewed for successive five (5) year terms, unless terminated by either
party as herein provided.
4. RENT. The Lessee shall pay the Lessor the sum of Ten Dollars ($10.00) per year as rent
under this Agreement. Rent shall be paid upon submission of a statement by the Lessor to the
Lessee, and shall be paid yearly at the offices of the Utility Department of the Lessor.
5. TERMINATION. Notwithstanding any other provisions of the Agreement, the parties agree
that this lease shall terminate at such time as the Lessor undertakes to provide the treatment
service for the Project.
6. OPERATION OF TREATMENT FACILITY. During the period of this lease, the Lessee
agrees that it or a wholly owned subsidiary shall provide treatment services to the Project,
provided all initial connection fees and user rates are paid. The Lessee further agrees that so
long as it provides such services, it will charge utility rates approved and regulated by the State
of Florida Public Service Commission.
7. STANDARD OF MAINTENANCE. Lessee shall maintain all utility facilities, including but
not limited to, all transmission, collection, distribution and treatment facilities, at standards
equal to the maintenance standards for comparable utility facilities maintained by the Lessor.
8. FACILITIES TO BE IN GOOD WORKING ORDER UPON CONNECTION TO OFF-SITE
SYSTEM. Lessee shall be solely responsible to have all utility facilities subject to this
Agreement in good working order and in compliance with all County, State, and Federal
requirements when the facilities are conveyed to the Lessor and are connected to the Lessors
off-site utility facilities. At no cost to the Lessor, Lessee shall conduct and provide to the Lessor
an environmental audit, together with a written declaration from an environmental consultant
acceptable to the Lessor, which verifies that the facilities subject to this Agreement are in
compliance with all applicable State and Federal environmental laws, and that the facilities and
property surrounding the facilities are free of unlawful contamination. The environmental
consultant shall demonstrate its qualifications to the satisfaction of the Lessor prior to
commencing the environmental audit. Its qualification shall be presumptively established if the
project manager is a professional engineer who is registered and in good standing with the State
of Florida, or a certified environmental professional by the National Association of
Environmental Professionals or some other like national professional organization. The Lessors
acceptance of the environmental consultant shall not be unreasonably withheld. At least ninety
(90) days prior to the connection of the interim utility system to the Lessor's offsite utility
system, the Lessor shall notify the Lessee to commence the environmental audit. The failure of
the Lessor to give timely notice to the Lessee or acceptance by the Lessor of any interim utility
system in the absence of receipt of the negative declaration, shall not relieve the Lessee of any
50
obligation hereunder for the cost of conducting the environmental audit, bringing the subject
facilities into compliance and the response costs for clean-up, removal and remediation, if any,
which shall be borne solely by the Lessee.
9. INSURANCE. Until such time as the interim utility system serving the Project is connected
to the off-site utility facilities operated by the Lessor, Lessee shall provide and pay for all
property damage and liability insurance for the entire utility system servicing the Project,
including, but not limited to, flood damage insurance for any lift, eductor or pump station
facilities. Lessee shall provide the Lessor upon each renewal of the required insurance policies
or inclusion of additional facilities under this Agreement, with a Certificate of Insurance
evidencing coverage for the full replacement value of the entire utility system which services
the Project, and showing the Lessor as an additional insured for any interim utility facilities
ultimately necessary for connection to and operation of the Lessors off-site utility system.
10. GUARANTEE BY LESSEE. The Lessee shall have the sole responsibility for repairing
and/or replacement of defective materials and guaranteeing all facilities covered by this
Agreement for a period of approximately one year from date of preliminary acceptance by
Lessor. Further, at the end of the guarantee period it shall be the sole responsibility of Lessee to
prepare all facilities for final inspection by the Lessor at no expense to the Lessor.
11. BINDING EFFECT. This Lease shall be binding upon all of the parties to this Lease, their
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
date and year first above written.
ATTEST:
[Name, CLERK]
By:
Deputy Clerk
Approved as to form and
legal sufficiency:
By:~
Assistant County Attorney
[Lessee's witness and signature block - See Instruction No. 3]
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
OF THE COLLIER COUNTY WATER-
SEWER DISTRICT
By:
, Chairman
[ADD Lessees acknowledgment and notary block - See Instruction No. 4]
STATE OF FLORIDA )
COUNTY OF COLLIER )
51
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared
., well known to me to be the Chairman of the Board of
County Commissioners, Collier County, Florida, As The Governing Body of Collier County
and as Ex-Officio the Governing Board of The Collier County Water-Sewer District, being
authorized so to do, executed the foregoing [insert exact name of instrument] for the purposes
therein contained under authority duly invested by the Board of County Commissioners, and
that the seal affixed hereto is the true seal of said Board.
WITNESS my hand and official seal in the County and State last aforesaid this
,2001
day of
S/
Notary Public
(Notarial Seal)
Printed or Typed Name of Notary (if not on stamp)
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
My Commission Expires:
Form 11 - Rev. 10/01 - (Facilities Lease including Sub-Developer)
Utilities Acceptance- Doc. #320
Leave 3" blank space for in upper right hand corner for recording purposes
* [Identify thc type of utility facilities to bc leased by inserting water or sewer in the
title of this instrument]
* FACILITIES LEASE
THIS LEASE, executed this [day] day of [month], -1-9[year], by and between the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as the
"Lessor") and
[Name of Lessee - see Instruction No. 2] (hereinafter referred to as the "Lessee"), and[Name of
Developer - see Instruction No. 2] (hereinafter referred to as "Developer").
RECITALS:
WHEREAS, [identify the type of utility facilities to be leased by inserting water or sewer]
utility facilities lying in the lands described in Exhibit "A" attached hereto and incorporated
herein by reference were constructed and installed by Developer, and thereafter conveyed to
Lessor by Developer, and the Lessor is now the owner of said facilities; and
WHEREAS, the Lessee is the owner of a [identify the type of utility facilities to be leased by
inserting water or sewer] treatment plant and has agreed to provide service to the [insert name
of project] development (hereinafter "Project") until such time as the Lessor desires to provide
treatment by means of the Lessors treatment facilities; and
52
WHEREAS, the Lessee needs to have possession and use of the facilities described in Exhibit
"A" for so long as it is obligated to provide interim treatment service to the Project.
WITNESSETH:
NOW THEREFORE, in consideration of the mutual covenants of the parties hereto, Ten
Dollars ($10.00) and other good and valuable consideration exchanged among each of the
parties, receipt and sufficiency of which is hereby acknowledged by each party, the parties
agree as follows:
1. RECITALS INCORPORATED. The above recitals are true and correct and shall be
incorporated herein.
2. LEASED PROPERTY. The Lessor shall lease to the Lessee all of the utility facilities
described herein and located on the lands described in Exhibit "A".
3. TERM. The term of the lease shall be ten (10) years. At the end often (10) years, the lease
shall be automatically renewed for successive five (5) year terms, unless terminated by either
party as herein provided.
4. RENT. The Lessee shall pay the Lessor the sum ofTen Dollars ($10.00) per year as rent
under this Agreement. Rent shall be paid upon submission of a statement by the Lessor to the
Lessee, and shall be paid yearly at the offices of the Utility Department of the Lessor.
5. TERMINATION. Notwithstanding any other provisions of the Agreement, the parties agree
that this lease shall terminate at such time as the Lessor undertakes to provide the treatment
service for the Project.
6. OPERATION OF TREATMENT FACILITY. During the period of this lease, the Lessee
agrees that it or a wholly owned subsidiary shall provide treatment services to the Project,
provided all initial connection fees and user rates are paid. The Lessee further agrees that so
long as it provides such services, it will charge utility rates approved and regulated by the State
of Florida Public Service Commission.
7. STANDARD OF MAINTENANCE. Lessee shall maintain all utility facilities, including
but not limited to, all transmission, collection, distribution and treatment facilities, at standards
equal to the maintenance standards for comparable utility facilities maintained by the Lessor.
8. FACILITIES TO BE IN GOOD WORKING ORDER UPON CONNECTION TO OFF-
SITE SYSTEM. Lessee shall be solely responsible to have all utility facilities subject to this
Agreement in good working order and in compliance with all County, State, and Federal
requirements when the facilities are conveyed to the Lessor and are connected to the Lessors
off-site utility facilities. At no cost to the Lessor, Lessee shall conduct and provide to the Lessor
an environmental audit, together with a written declaration from an environmental consultant
acceptable to the Lessor, which verifies that the facilities subject to this Agreement are in
compliance with all applicable State and Federal environmental laws, and that the facilities and
property surrounding the facilities are free of unlawful contamination. The environmental
consultant shall demonstrate its qualification to the satisfaction of the Lessor prior to
commencing the environmental audit. Its qualification shall be presumptively established if the
project manager is a professional engineer who is registered and in good standing with the State
of Florida, or a certified environmental professional by the National Association of
Environmental Professionals or some other like national professional organization. The Lessor's
acceptance of the environmental consultant shall not be unreasonably withheld. At least ninety
(90) days prior to the connection of the interim utility system to the Lessor's ofgsite utility
system, the Lessor shall notify the Lessee to commence the environmental audit. The failure of
the Lessor to give timely notice to the Lessee or acceptance by the Lessor of any interim utility
system in the absence of receipt of the negative declaration, shall not relieve the Lessee of any
obligation hereunder for the cost of conducting the environmental audit, bringing the subject
facilities into compliance and the response costs for clean-up, removal and remediation, if any,
which shall be borne solely by the Lessee.
9. INSURANCE. Until such time as the interim utility system serving the Project is connected
to the off-site utility facilities operated by the Lessor, Lessee shall provide and pay for all
property damage and liability insurance for the entire utility system servicing the Project,
including, but not limited to, flood damage insurance for any lift, eductor or pump station
facilities. However, as between the Lessee and the Developer, it is agreed that the Developer
shall reimburse the Lessee, upon demand, for any expenses associated with insuring the utility
facilities subject to this lease. Lessee shall provide the Lessor upon each renewal of the required
insurance policies or inclusion of additional facilities under this Agreement, with a Certificate
of Insurance evidencing coverage for the full replacement value of the entire utility system
which services the Project, and showing the Lessor as an additional insured for any interim
utility facilities ultimately necessary for connection to and operation of the Lessors off, itc
utility system.
10. GUARANTEE BY DEVELOPER. The Developer shall have the responsibility for
repairing and/or replacement of defective materials and guaranteeing all facilities covered by
this Agreement for a period approximately of one year from date of preliminary acceptance by
Lessor. Further, at the end of the guarantee period it shall be the responsibility of Developer to
prepare all facilities for final inspection by the Lessor at no expense to the Lessor.
11. BINDING EFFECT. This Lease shall be binding upon all of the parties to this Lease, their
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
date and year first above written.
[Lessees witness and signature block- See Instruction No. 3][Developers witness and signature
block - See Instruction No. 3]
[Lessees acknowledgment and notary block - See Instruction No. 4]
[Developers acknowledgment and notary block - See Instruction No. 4]
ATTEST:
[Name, CLERK]
By:.
Deputy Clerk
54
Approved as to form and
legal sufficiency:
By:.
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
OF THE COLLIER COUNTY WATER-
SEWER DISTRICT
By:
, Chairman
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared
, well known to me to be the Chairman of the Board of
County Commissioners, Collier County, Florida, As The Governing Body of Collier County
and as Ex-Officio the Governing Board of The Collier County Water-Sewer District, being
authorized so to do, executed the foregoing [insert exact name of instrument] for the purposes
therein contained under authority duly invested by the Board of County Commissioners, and
that the seal affixed thereto is the true seal of sail Board.
WITNESS my hand and official seal in the County and State last aforesaid this
, :20__
day of
S/
Notary Public
(Notarial Seal) My Commission Expires:
Typed or Printed Name of Notary if not on stamp
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
Form 12 - Rev. 10/01 (Final Attorney's Affidavit)
Utilities Acceptance - Doc. #320
STATE OF
COUNTY OF
BEFORE ME,
FINAL ATTORNEY'S AFFIDAVIT
the undersigned authority, personally on this
, 20 , appeared ,
known, and having been sworn and under oath, deposes and states:
day of
who to me is well
55
1. My name is . I am over the age of twenty-one (21)
years, am otherwise suijuris, and have personal knowledge of the facts contained herein.
2. I am a licensed attorney, Florida Bar #
Florida and am practicing law in the
telephone
is
number is
State
., authorized to practice law in
of Florida. My business address is
My business
My business mailing address
3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier
County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing
Board of the Collier County Water-Sewer District, to conduct a final inspection of [identify
type of utility facility by inserting water, or sewer, or water and sewer] utility facilities located
within or upon the real property described in the attached Exhibit "A", which is incorporated
herein by reference, said land being located in Collier County, Florida.
4. The Affiant has examined record title information to both the real and personal property
referenced in this affidavit, including but not limited to, information requested from the Florida
Secretary of State relative to any Uniform Commercial Code financing statements.
5. The record owner of the utility facilities described herein is the Board of County
Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-
Officio the Governing Board of the Collier County Water-Sewer District (hereinafter
"County"). The County acquired its record interest by [insert exact name of each instrument]
recorded at Official Records Book , at page [insert official record book
and first page of each instrument where owner acquired title] [if a utility easement was also
acquired continue sentence and add: together with an appurtenant utility easement recorded at
Official Records Book , page ] Public Records, Collier County, Florida
(copies attached).
6. Subsequent to the time that the County recorded its interests in the subject utility facilities
and, if applicable, easement, as specified in paragraph 3, above, no interest of the County in the
subject utility facilities and, if applicable, easement, is encumbered of record by any document
filed by or on behalf of the landowner (or predecessor in title to the underlying real estate in the
Public Records of Collier County, Florida, and/or the Office of the Secretary of State.
7. Affiant further states that the information contained in this Affidavit is true, correct and
current as of the date of the recordation of the recorded documents referenced herein which
conveyed or granted the subject utility facilities and/or easement interests to the County.
[INFORMATIONAL NOTE: Per Ordinance the date of this Affidavit cannot be signed and
dated more than sixty (60) days prior to the meeting at which the Board of County
Commissioners will consider its acceptance of the subiect utility facility documents.]
FURTHER AFFIANT SAYETH NAUGHT.
DATED this day of ,20~
56
Affiant Signature
Affiant Printed Name
[No witness required]
[Notary block] - SUBSCRIBED AND SWORN to before me this day of
,20 by (insert name of person taking the oath), who is personally
known __ OR produced identification __. Type of identification produced
S/
Notary Public
My Commission Expires:
Notary Printed or Types Name (if not on stamp)
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
APPENDIX B - CONVEYANCE DOCUMENT CHECKLIST
CHECKLIST # 1
WATER AND/OR WASTEWATER FACILITIES ACCEPTANCE
PROJECT
Legal Documents
Date
__ Utilities Performance Security (UPS)
__ Copy of Recorded Condominium/Homeowner's Association Documents
__ Utilities Facilities Subordination Consent and Joinder (Required for each mortgage
and other Security Interest that affects title to the facilities being conveyed is involved). UCC-
1 's can be subordinated by a Subordination other than UCC-3
4. __ UCC-1 and/or UCCo3 Forms (if not covered by Item 3) above
5. __ Attorney's Affidavit
6. Owner's Affidavit
7. __ Utility Easement and Copy of the Grantor's Deed for the Associated Real Property
8. __ Warranty Deed and Bill of Sale
9. __ I.D. Number or Folio Number of Property
10.
11.
12.
Facilities Lease when applicable
Facilities Lease (including Sub-Developer) use form 10.1
Final Release of Lien from Utility Contractor for the Facility(ies) constructed.
57
13. __ Legal Description, if Utility Easements required, with Surveyor's Sketch of
Easement. Submit four (4) signed and sealed copies of each easement. Easements not required
if all facilities are installed in existing CUE's.
14. __ Two (2) Copies of Recorded Plat
15. __ Engineer's Final Payment Confirmation.
CHECKLIST #2
WATER AND/OR WASTEWATER FACILITIES ACCEPTANCE
Tests, Certifications and Supplemental Documents
1. ~ Certification of pressure testing of water mains by Engineer of Record.
2. __ Certification of pressure testing of sewer force mains by Engineer of Record.
3. __ Certification of the inflow/infiltration tests for the sewer lines by Engineer of Record.
4. __ Bacteriological clearance (DER Certification) for water facilities and DER placement
in service letter for sewer facilities and interim water and/or sewage treatment facilities, where
necessary.
5. __ Lab results on bacteriological test for water mains.
6. __ Up-to-date list of customers and/or owners of individual lots.
7. __ Letter by Engineer certifying that all water and/or sewer facilities are located within
the public right-of-way or dedicated easements.
8. __ Payment of water usage, laboratory and administrative charges for filling and flushing
and bacteriologically certifying water mains from invoice prepared by the Utilities Division.
(Obtain payment data from Utilities Division Finance Department)
9. __ Electrical Contractor's certification on Lift Station electric service wire sizing and
voltage drop pursuant to National Electrical Code Specifications
10. __ One-year (1) warranty for work from Utility Contractor
11. __ Videotape of gravity sewer facilities constructed
12. __ Certification of field fire flow capacity testing by the Engineer of Record
13. __ Letter from Fire District regarding ownership and maintenance of fire hydrants
14. ~ Lift station(s) startup report(s)
15. ~ Letter fi.om Compliance Services Section certifying that the Final Inspection reveals
that the Utility Facilities have been constructed in accordance with County Ordinances and
regulations
16. __ Test and certification of backflow device by the Collier County Cross Connection
Control Section, Collier County Utility Division prior to placement of device in service.
58
17. __ Coating certification from the manufacturer or a professional testing laboratory for
the manholes, wetwells and dry wells.
CHECKLIST #3
WATER AND/OR WASTEWATER FACILITIES ACCEPTANCE
Engineering Documents
1. __ Five (5) complete sets to include all utilities and all related underground work signed
and sealed by the Engineer of Record for water OR sewer facilities
2. __ Seven (7) complete sets to include al__l utilities and all related underground work signed
and sealed by the Engineer of Record for water AND sewer facilities.
3. __ One (1) set of reproducible mylars of record drawings.
4. __ Verification of final cost (detailed; quantities, sizes, unit cost, total cost, etc.)
5. __ For all computer gener~tted construction documents, one (1) disk of the master site
plan including CUEs and water and/or wastewater facilities. The disk shall be in accordance
with Utility Division's layer standards and file format.
6.__Certification of completion, placement into service, and other documents
required by regulatory agencies.
APPENDIX C
UTILITY DEVIATION FORM
Please print and complete the Deviation Form and mail it to Joseph Cheatham,
Wastewater Department, or Paul Mattausch, Water Department, at:
3301 Tamiami Trail East
Building H, 3rd Floor
Naples, FL 34112
I DEVIATION FORM
Petitioners Recluest
Date:
.4ttach Plan or Drawing
Site Development Plan
Number (SDP~)
required
Subdivision
Improvement Number
required
Location
of Project:
59
Contact
Name &
Business
Phone #
Fax #
Reason
for
request?
How does this request
differ from Ordinance?
Impact of this
request on affected
area?
Impact of this request on the maintenance of the Water/Wastewater systems?
Explain benefits this request will have to the operation or maintenance of the Collier Couni
Utility system:
Additional
Comments:
6O
Routing:
Water
Distribution
Supervisor(s)
Water Director
Wastewater
Collections
Supervisor
Wastewater
Director
Approve:
Approve:
Approve:
Approve:
Disapprove:
Disapprove:
Disapprove:
Disapprove:
Authorizing Signature:
Collier County Water Director
Authorizing Signature:
Collier County Wastewater
Director
Copy to: Engineering Review & Inspections
Public Utilities Administrator
Wastewater Collections and Water Distribution
Date:
Date:
61
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2001-57
Which was adopted by the Board of County Commissioners on
the 23rd day of October, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24t~ays_~=
of
er
2001.
Octob__, ~:~:~ --,~ .......
Clerk of Courts ....
Ex-officio to BoafS'::,~:"~'~" ~'" ....... :/~:.:.
County Commi s s i o ff~zl S ' }~ m ' ' ':' ~ : ~
. .. w~., : .. ~ ~-
By: Teri Michaels ,% ".:,'"-. ~ .-' ,,~, ~
Deputy Clerk ~>,,.~",~ ..'~.?',,~