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Agenda 06/22/2021 Item #16C2 (Amending Utilities Standards Procedures Ordinance)06/22/2021 EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise, and bring back for a Public Hearing, an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance (This agenda item is a companion to agenda item 16C1). OBJECTIVE: To update the Collier County Utilities Standards and Procedures Ordinance (the “Ordinance”) pursuant to proposed improvements to the standard utilities conveyance process. CONSIDERATIONS: On May 11, 2004, under Agenda Item 8D, the Board of County Commissioners (the “Board”), ex officio as the Governing Board of the Collier County Water -Sewer District (CCWSD), adopted Collier County Ordinance No. 2004-31, the Collier County Utilities Standards and Procedures Ordinance. This document established standards and procedures for the design, construction, maintenance, and operation of safe and reliable potable water, non-potable irrigation water and wastewater systems, including both public infrastructure and private development projects. It has been previously amended by Ordinance Nos. 2006-48, 2007-60, and 2018-36 and by numerous Resolutions amending the Collier County Water-Sewer District Utilities Standards Manual (the “Manual”), which is incorporated by reference into the Ordinance. This item proposes changes to the Ordinance that would simplify and optimize the utilities conveyance process by consolidating preliminary and final acceptance into a single step, thus avoiding ambiguity in ownership and maintenance responsibility during the one-year warranty period and reducing workload for both County staff and the developer while preserving high-quality and best-value utility services to Collier County Public Utilities customers. This curtailed process follows staff discussions with the Development Services Advisory Committee (DSAC) Utilities Subcommittee (the “Subcommittee”) dating back to 2015 and to a 2017 benchmarking study by Tetra Tech that was updated and expanded in 2019 (See Attachment 1). The “one-step” process has been successfully tested over the past five years on dozens of small projects that obtained deviation approval to skip preliminary acceptance and go directly to final acceptance. Public Utilities Department, Growth Management Department, and County Attorney’s Office staff collaborated on these changes and vetted them with the Subcommittee, which recognized the proposed changes as being mutually beneficial to the County and the land development industry. At its regular meeting on March 3, 2021, DSAC unanimously recommended approval of the proposed changes. A summary of Ordinance changes is included as Attachment 2. The proposed ordinance to amend the Ordinance is included with line numbering as Attachment 3, and a clean version stamped by the County Attorney's Office is included as Attachment 4. FISCAL IMPACT: Cost of advertising is estimated at $650. Funds are available in the Water -Sewer District Operating Fund (408). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office, is approved as to form and legality, and requires majority vote for approval. - DDP GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board, ex officio as the Governing Board of the Collier County Water-Sewer District directs the County Attorney to advertise and bring back for a Public Hearing an Ordinance to amend the Collier County Utilities Standards and Procedures Ordinance. Prepared by: Eric Fey, P.E., Principal Project Manager, Public Utilities Engineering and Project Management Division 16.C.2 Packet Pg. 1408 06/22/2021 ATTACHMENT(S) 1. Attachment 1 - Conveyance Case Study (PDF) 2. Attachment 2 - Change Summary (PDF) 3. Attachment 3 - Ordinance - Numbered (PDF) 4. Attachment 4 - Ordinance - Stamped by CAO (PDF) 16.C.2 Packet Pg. 1409 06/22/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doc ID: 16083 Item Summary: Recommendation to direct the County Attorney to advertise, and bring back for a Public Hearing, an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance (This agenda item is a companion to agenda item 16C1). Meeting Date: 06/22/2021 Prepared by: Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management Name: Tom Chmelik 06/01/2021 5:48 PM Submitted by: Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management Name: Tom Chmelik 06/01/2021 5:48 PM Approved By: Review: Public Utilities Planning and Project Management Eric Fey Additional Reviewer Completed 06/01/2021 6:05 PM Growth Management Department Matthew McLean Additional Reviewer Completed 06/01/2021 6:28 PM Wastewater Steve Nagy Additional Reviewer Completed 06/02/2021 6:11 AM Wastewater Beth Johnssen Additional Reviewer Completed 06/02/2021 6:45 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/02/2021 7:57 AM Water Pamela Libby Additional Reviewer Completed 06/02/2021 9:07 AM Water Steve Messner Additional Reviewer Completed 06/02/2021 9:39 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/02/2021 10:15 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/02/2021 4:27 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/08/2021 11:01 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/08/2021 12:12 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2021 1:33 PM Budget and Management Office Ed Finn Additional Reviewer Completed 06/13/2021 6:52 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/14/2021 2:37 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM 16.C.2 Packet Pg. 1410 Utility Conveyance Policies and Procedures Case Study PRESENTED TO PREPARED BY Collier County Tetra Tech 201 E. Pine Street, # 1000 Orlando, FL 32801 P +1-407-839-3955 F +1-407-839-3790 www.tetratech.com #200-08486-19016 August 12, 2019 16.C.2.a Packet Pg. 1411 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study i 081219 TABLE OF CONTENTS 1.0 INTRODUCTION ..................................................................................................................................................2 1.1 General...........................................................................................................................................................2 1.2 Purpose ..........................................................................................................................................................2 1.3 Definitions ......................................................................................................................................................2 2.0 BACKGROUND ...................................................................................................................................................3 2.1 Maintenance Period .......................................................................................................................................3 2.1.1 Collier County .......................................................................................................................................3 2.1.2 2015 Surveyed Utilities .........................................................................................................................3 2.1.3 Comparison ..........................................................................................................................................3 2.2 Privately Owned Facilities ..............................................................................................................................5 2.3 Small Projects ................................................................................................................................................6 3.0 COMPARISON UTILITIES ...................................................................................................................................7 3.1 Maintenance Period .......................................................................................................................................7 3.1.1 Inspections............................................................................................................................................7 3.1.2 Warranty and Utility Performance Security (UPS) Requirements ..................................................... 11 3.2 Privately Owned Facilities ........................................................................................................................... 16 3.3 Small Projects ............................................................................................................................................. 19 4.0 SUMMARY AND ANALYSIS ............................................................................................................................ 20 4.1 Maintenance Period .................................................................................................................................... 20 4.2 Private Facilities .......................................................................................................................................... 20 4.3 Small Projects ............................................................................................................................................. 20 LIST OF TABLES Table 2-1. Summary of Protections from 2015 Study ................................................................................................4 Table 2-2. Summary of Risk Mitigating Mechanisms from 2015 Study .....................................................................5 Table 3-1. Summary of Findings ................................................................................................................................9 Table 3-2. Summary of Warranty Information ......................................................................................................... 13 Table 3-3. Summary of Alternate UPS Instruments ................................................................................................ 14 Table 3-4. Summary of Privately Owned Facilities ................................................................................................. 17 Table 3-5. Summary of Smaller Utility Improvement Policies ................................................................................. 19 16.C.2.a Packet Pg. 1412 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study 2 081219 1.0 INTRODUCTION 1.1 GENERAL In 2015 Collier County (the County) retained Tetra Tech to conduct a benchmarking study on the County’s utility conveyance process. The study reviewed the conveyance process of seven Florida utilities and compared them to the County. The results of the study found that the Collier County process is highly systematized with numerous intermediate precedent conditions that require documentation and keeps applicants engaged in the conveyance process until the ultimate transfer of the assets to County ownership. One of the unique aspects of the County’s process is the three-step acceptance requirement that includes a preliminary acceptance and a final acceptance separated by a one year maintenance period where the applicant owns and operates the facilities. The other seven utilities surveyed have a two-step acceptance process wherein the utility accepts and assumes ownership of the facilities prior to the maintenance period which occurs concurrently with utility ownership. The County’s process aims to reduce the risk of acquiring substandard utilities since the Applicant is directly required to correct any deficiencies that may occur during the first year of operations. There is also potential added protection from the Applicant’s business risk; should the Applicant’s enterprise fail, the County will not be left maintaining facilities that do not provide service or generate revenue for the system. In spite of these apparent protections the three-step process has some issues which have prompted the County to consider a more traditional two-step acceptance process. 1.2 PURPOSE The purpose of this document is to expand upon the previous benchmarking study in a few key areas to provide the County some context and guidance regarding potential revisions to its utility conveyance process. For the most part this analysis focuses on the detail of the warranty and utility performance security (UPS) requirements and two step acceptance process. However, this study also includes a survey of other utilities regarding treatment of privately owned facilities that may one day in the future come under utility ownership. In addition, the utilities were asked if there was an alternative or “second track” approval process for the conveyance of facilities that are smaller in scope than the typical (such as a large service connection or extension for a single hydrant). 1.3 DEFINITIONS Similar to the previous study, the term “facilities” generally refers to those water, wastewater, and reclaimed water assets that are subject to the conveyance process and the term “utility” refers to the provider of service that ultimately owns the facilities. “Applicant” means the developer of the property that is responsible for the construction of the facilities that will be transferred. The term “Contractor” refers to the entity that is retained by the Applicant to construct the facilities. The term “Engineer” refers to the engineering professional retained by the Applicant for the design, permitting and certification of the facilities. The term “private facilities” is used to identify facilities that are not conveyed to the County but rather remain in private ownership. 16.C.2.a Packet Pg. 1413 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study 3 081219 2.0 BACKGROUND This study focuses on three topics associated with water, wastewater, and reclaimed water facilities that are constructed for the Applicant and will connect to the County’s system: · Ownership during the maintenance period of the conveyance process, · Review and acceptance policies for private facilities, · Conveyance process for small scale facilities. 2.1 MAINTENANCE PERIOD 2.1.1 Collier County Collier County’s utility conveyance process includes both Preliminary Acceptance (PA) and Final Acceptance (FA) steps with an intervening maintenance period. The PA step is a four-phase process that includes stages systematically arranged to encourage the timely submission and review of the required documents. The PA step begins with the submission by the Applicant of the first round of required documentation and ends with a preliminary acceptance letter, a Certificate of Occupancy for the development, and recording of the assets in the County records. The maintenance period occurs after PA immediately after issuance of the Certificate of Occupancy and lasts for a minimum of one year. Per Section 134-60 of the Code of Ordinances the County has “Cno duty with regard to, or any responsibility for, any utility facilities until such utility facilities have been finally accepted by the board,” which occurs during final acceptance. The Applicant therefore bears the ownership and operations responsibilities for the facilities during this period. However, should the County determine the need to act to ensure continued operations of the facilities, the Ordinance gives the County the authority to make expenditures necessary to repair or replace the utilities as required. The FA process occurs after the one year maintenance period and focuses primarily on inspecting the utilities after a year of operations for continued compliance with County requirements. The final acceptance period includes a final county inspection of the facilities. Upon a successful inspection the project is brought before the Board of County Commissioners for approval of ownership of the facilities. When the Board has voted to accept the utilities they are considered to be owned by the County and the County staff begins operations and maintenance activities. A FA letter is issued and the Applicant’s performance security is released. 2.1.2 2015 Surveyed Utilities The utilities in the 2015 benchmarking survey utilize a two-step process as opposed to the County’s three-step process. The defining difference lies in who owns and operates the facilities during the maintenance period. In the two-step process the maintenance period commences concurrently with the utility’s acceptance and ownership of the facilities. There are no final acceptance requirements and the required performance securities and warranties expire after the one year term. 2.1.3 Comparison The County’s process of requiring the Applicant to retain ownership and operations of the facilities during the maintenance period reduces the County’s risk of acquiring substandard facilities since the Applicant is directly responsible for correcting any deficiencies that may occur in the first year of operation. In addition, as mentioned previously, the County is shielded from the Applicant’s business risk. Should the Applicant’s development fail the County will not be left with maintaining facilities that do not provide service or generate revenue for the utility. 16.C.2.a Packet Pg. 1414 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study 4 081219 Although the County is not responsible for the facilities during this period, Section 134-60 of the Ordinance does give staff the ability to intervene in the operations if required. However, when a County customer is connected to the facilities during the maintenance period they are being served in part by assets that are not owned by the County. This creates some confusion at the utility level about where responsibility for operations and maintenance of the subject facilities lies. The entire conveyance process can be considered a due diligence process that protects the County from receiving substandard facilities from outside parties. In this study the focus is on the risk mitigating mechanisms that are in place to protect the County from substandard facilities after they have been placed into service. Table 2-1 below provides a summary of the mechanism for both the County and the utilities from the 2015 study. Table 2-1. Summary of Protections from 2015 Study Mechanism Definition Collier County Utilities from 2015 Study Utility Performance Security (UPS) An Applicant provided source of funding that can be drawn upon by the County to correct facility deficiencies Required Required (2 utilities) Negotiated (2 utilities) Not required (3 utilities) Warranty A certification provided by the Applicant or its contractor that facility deficiencies will be corrected by the Applicant/contractor at their expense Required Required (6 utilities) · Provided by Applicant (1 utility) · Provided by Contractor (3 utilities) · Provided by either (2 utilities) Not Required (1 utility) Ownership First year of ownership including operations responsibility by the Applicant with the requirement that at the end of the year the facilities will be fully functioning and free of deficiencies Required Not required (7 utilities) Of the three identified mechanisms in the 2015 study most utilities utilize either the performance security or warranty. The two utilities that negotiate the need for a performance security do so in addition to a warranty. Orange County is the only utility in the study that, like the County, requires both in all cases. Table 2-2 provides a summary of each utility’s risk mitigating mechanism requirements from the 2015 Study. 16.C.2.a Packet Pg. 1415 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study 5 081219 Table 2-2. Summary of Risk Mitigating Mechanisms from 2015 Study Mechanism Charlotte Lee Martin Palm Beach Sarasota St. Johns Orange Collier County UPS Negotiated No Yes Negotiated No No Yes Yes Warranty Yes Yes No Yes Yes Yes Yes Yes The ownership mechanism employed by Collier County places the responsibility of action on the Applicant (or the Applicant’s contractor) at the Applicant’s expense. In this way there is little difference between the warranty and ownership mechanism. There are, however, a couple of perceived advantages to the ownership mechanism over the warranty. In the event that the Applicant is unable – from a business perspective to successfully implement the development within the first year (e.g. bankruptcy) – the County is under no obligation to assume ownership of the facilities. However, in the event that there are customers receiving County service connected to these facilities, the County would be required to operate and maintain the facilities in order to guarantee service regardless of ownership. In addition, the Applicant remains responsible for the first year of operations and will bear the cost of any “shake down” issues and costs that might be associated with initial operation. It is worth noting however, that many inherent defects relating to poor or improper installation of materials and equipment typically manifest many years after acceptance and rarely during the first year of operation. Therefore, the status of applicant ownership during the Maintenance Period provides little of its intended protections. The County’s unique ownership mechanism has a number of potential and realized problems: · Since the assets are recorded in the County record at Preliminary Acceptance there is often confusion about the ownership status during the maintenance period, · There is a large volume of outstanding Final Acceptance obligations as Applicants can be difficult to contact and engage in the final closeout process, · Upon signing the FDEP Clearance form, the County assumes regulatory liability of the facilities which it doesn’t directly operate and maintain, · There are no requirements in the County’s conveyance procedures that binds the Applicant to utilize qualified, professional utility system operators during the maintenance period. In considering removing the ownership mechanism from the list of protections required by the County, this study focuses on the specifics of the warranty and security requirements of other utilities and how successful the two mechanisms are at protecting the utilities. Also, because it relates directly to the quality of the facilities accepted, the study also investigates the number and level of facility inspections required prior to utility acceptance. 2.2 PRIVATELY OWNED FACILITIES Privately owned facilities is a term used to identify facilities that are not owned by the County but receive service from the County through a master meter. As per the industry standard the County’s ownership and responsibility for operations and maintenance ends at the customer meter for water and reclaimed water facilities or at the nearest clean out or right-of-way line for wastewater facilities. All assets on the customer side of the meter, or property line in the case of wastewater, are owned by the customer and are required to be operated and maintained by the customer. Private facilities are differentiated from a typical single customer connection in that they involve a network 16.C.2.a Packet Pg. 1416 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study 6 081219 of piping (and possibly gravity mains, manholes and lift stations for wastewater) that serve multiple buildings. A multi-building condominium or apartment complex is a good example of this type of system. It is possible for private systems to fall into disrepair due a lack of proper maintenance by the private owner. This may be due to a lack of professional maintenance of the system, but in some cases the owner may not be aware of their ownership position of the facilities until a failure occurs. This is particularly a concern with lift stations which contain motorized equipment that require frequent routine maintenance. In the event there is a failure in these private systems occasionally the County is called upon as the provider of service to correct the problems. Once the ownership responsibilities are explained the County is sometimes called upon to assume ownership and take over the operation and maintenance of the facilities. This places the County in the position of potentially owning facilities that are not built to current County standards and suffer from years of deferred maintenance. Under the County’s current policy private facilities go through much of the same PA process as facilities that are conveyed. Major exceptions are: · There are no requirements for conveyance documents, such as the bill of sale, as the facilities will not be conveyed to the County, · No telemetry equipment start-up and testing (not applicable), · No easement certification to County (not applicable). In addition, there is no maintenance period or FA process. Occasionally the County will allow private facilities to bypass some of the requirements of the PA process, however, this is done on a case-by-case basis and requires the Applicant to file a utility deviation form for review and approval. 2.3 SMALL PROJECTS Occasionally an Applicant’s project involves a relatively small amount of water and wastewater facilities. Rather than a large scale development with lift stations and several thousand feet of pipe these projects involve a single pipe extension for a hydrant or large water service. Per Section 134-60 of the Code of Ordinances these projects are required to follow the full conveyance procedures including the PA, maintenance period and FA process. To alleviate some of the administrative burden and reduce the time required for transfer, the County is considering a secondary track for small projects that eliminates some of the standard conveyance requirements. 16.C.2.a Packet Pg. 1417 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study 7 081219 3.0 COMPARISON UTILITIES 3.1 MAINTENANCE PERIOD Following up on the 2015 efforts, this study focuses on the protections and securities required by utility systems that assume ownership of the facilities at the onset of the maintenance period. In particular, the utilities were asked questions regarding the level and complexity of inspections required that provide the first indications of the nature of the constructed facilities. In addition specific questions about the UPS and/or warranty requirements were asked to better understand the process. The utilities that participated in the survey were: · Port St. Lucie, · City of Orlando, (wastewater only), · Tohopekaliga Water Authority (TWA), · Martin County, and · Orange County. 3.1.1 Inspections All utilities surveyed conduct inspections at predetermined construction milestones in addition to unscheduled inspections. Predetermined inspections are scheduled during major milestones that are identified during the preconstruction process. All utilities conduct inspections to verify the accuracy of record drawings or as-builts and some, as discussed below, conduct inspections after the maintenance period to document facility condition prior to discharging the UPS. Mostly this occurs prior to the final inspection to allow time for corrections if required. All utilities have a minimum requirement that they be notified of major testing such as pressure, hydrant, and disinfection tests and if possible they have inspectors on-site to witness the tests. Orange County specifically stated that equipment start-ups, usually lift stations, are witnessed by construction, engineering and operations personnel. Most utilities stated they try to inspect projects unscheduled on a daily basis but this goal is frequently tempered by the number of projects on-going and available inspection staff. The size and nature of a project also drives the frequency of inspections. A large project with difficult subsurface conditions is likely to receive more frequent and thorough inspections than a small project or one with stable laying conditions. Inspection fees are charged by most utilities, but the form of the fee varies from a flat fee to a percentage (2 to 2.4 percent) of the utility value. Most utilities responded these fees are recovered up-front with other fees at the beginning of the process. All utilities use a standard process for scheduling and documenting construction inspections and most inspections are recorded on some sort of form. Two utilities, Martin County and Orange County, have converted or are in the process of converting to electronic forms that are completed in the field contemporaneously with the inspection. As part of the close-out requirements, Collier County requires the following inspections and certifications: · Sewer video, · Certification of pressure testing, · Infiltration/exfiltration test certification, · Coating certification, · Lift station start-up reports, · Electrical contractor’s certification including start-up and telemetry testing, 16.C.2.a Packet Pg. 1418 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study 8 081219 · Letter from EOR stating that facilities are located in rights-of-way or easements, and that construction has occurred in accordance with County Ordinance and regulations, · Engineer’s final payment confirmation, · DEP Certification and copy of General Permit(s), · Lab results on bacteriological tests, · Satisfactory test reports and certification of backflow device by certified laboratory, · Verification of final costs, cost breakdown of contributory assets for county/private materials, · Letter from fire control district regarding ownership and maintenance of fire hydrants and signed copy of field fire flow testing. Table 3-1 presents a summary of the findings from the utilities interviewed. The level of inspections among the utilities surveyed was relatively consistent. The utilities with the most structured process such as Orange County and Port St. Lucie provide forms for each required test that are required to be signed by the Engineer of Record. Collier County’s process ranks with the more structured and advanced inspection processes surveyed. 16.C.2.a Packet Pg. 1419 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study 9 081219 Table 3-1. Summary of Findings Utility Number of Inspections Required During Construction Construction Close-out/As-built Requirements Inspection Fees? Inspection Forms Collier County Depends on type of project. Required, standard inspections performed at predetermined construction milestones by EOR and County. Routine county inspections performed without notice. The EOR and the utility perform inspections, observations, and tests necessary to assure compliance with utility standards Record Drawings are required along with the Preliminary Acceptance inspection. Additional close-out requirements include conveyance documents, inspection forms, test results, final costs, LS start-up, and recording fees 2.25% of utility construction costs County maintains a list of required inspections, but does not have inspection forms Port St. Lucie Depends on type of project. Inspections performed at predetermined construction milestones. The EOR and the utility perform inspections, observations, and tests necessary to assure compliance with utility standards Depends on the quality of the as-builts. First review of as-builts at time of leak testing. Subsequent re-inspections are required if as-built survey is incorrect. The as-built survey shall be submitted to the utility at least seven days prior to the desired inspection date with a project completion form, including a punch list compiled by EOR and schedule for completion Yes Yes; all compiled within an Inspection Forms Package City of Orlando Performed at the completion of each stage of construction. The City uses an automated inspection scheduling system and online services to schedule inspections As-built survey signed and sealed by EOR and/or licensed surveyor Yes; inspection fees are assessed by the Permitting Services Division All inspections are performed electronically through the City’s software TWA Depends on type of project. Inspections are required for pressure testing, BT samples, low air pressure tests, disinfection, spark testing, etc. Environmental inspections, pre-final, and final inspections required as well Record drawings are reviewed during the pre-final and/or final inspection 2 percent of certified cost of construction for utility improvements Yes; all inspections have an inspection form Martin County Depends on type of project. Inspections performed at predetermined construction milestones. In addition, inspectors visit active construction sites during utility installation on a regular basis Record drawings are submitted with monthly progress reports. Prior to submittal for final payment or final acceptance, as-builts must be certified by a Florida Professional Surveyor or Mapper Fees are collected up front as part of the project review in the amount of $70 for each water and wastewater ERC Yes, but only for pressure and bacteriological testing. Do not have inspection forms for each inspection. Transitioning to a tablet-based system in order to track each inspection more accurately and efficiently 16.C.2.aPacket Pg. 1420Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Collier County Utility Conveyance Policies and Procedures Case Study 10 081219 Table 3-1. Summary of Findings (continued). Orange County Inspections are required at predetermined construction milestones One hard copy of surveyor’s as-builts signed & sealed. One hard copy of Engineer's record drawing signed & sealed. One disk with survey and record drawings signed 7 sealed, asset table, deflection chart, and CAD drawings. Boundary survey for any easement and county-owned pump stations Inspection fees are built into the development review process and paid upfront. Fees are 2.4 percent of construction cost, minimum $120 Shifting to a computerized system. Each inspector is supplied with a laptop computer. All forms are contained in a master project folder and are completed in the field 16.C.2.aPacket Pg. 1421Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Collier County Utility Conveyance Policies and Procedures Case Study 11 081219 3.1.2 Warranty and Utility Performance Security (UPS) Requirements At the risk of simplification, the warranties and UPSs can be categorized by which party is required to take the action to correct substandard facilities. Warranties place the responsibility of action on non-utility parties (either the Applicant or the Applicant’s contractor) and Performance securities place the responsibility of action on the utility. In both cases, however, the cost of the corrective actions are borne by the Applicant (or Applicant’s contractor) either directly or through the UPS. In the group of utilities surveyed, four of the six require both a Warranty and UPS. Martin County and TWA do not require a warranty (beyond a manufacturer’s warranty), and Port St. Lucie which only requires a UPS for single family residential developments. Table 3-2 presents a summary of the Warranty information and Table 3-3 presents a summary of the UPS information gathered. 3.1.2.1 Warranties For those that require a warranty, the requirements from utility to utility are fairly consistent. They have a term of one year from acceptance of the facilities and are posted by either the Contractor or the Applicant. All utilities stated they rarely, if ever, have had to rely upon the warranty to repair or correct substandard facilities. When it was utilized however, the causes were ground level damage to small items such as valve boxes, clean outs, and larger issues such as dirt in collection lines, broken manholes, and settling due to poor compaction. 3.1.2.2 UPS – Amounts and Posting UPSs have more complex characteristics than warranties. The first being that there are many forms of UPSs that utilities will accept although a performance bond appears to be the default instrument. Table 3-3 presents the alternate UPS instruments for each utility. When the UPS is required to be posted, its amount can be broken into two categories: for utilities that require the UPS to be submitted during the development review process or when the plat is submitted the amount required is 100 percent to 120 percent of the estimated value of the utilities. For utilities that require the UPS to be submitted at the end of construction and prior to acceptance the value is 10 to 15 percent of the actual construction costs. Collier County covers both types by requiring 110 percent during development review with a possible reduction to 10 percent upon PA. The City of Orlando has a similar set-up with a 100 percent performance bond posted at development review and a separate maintenance bond posted prior to acceptance. 3.1.2.3 UPS – Term The posting schedule also affects the term of the bond. Bonds posted early in the process have a variable term (Orlando, Collier) that expires upon final acceptance of the facilities or a five year term (Port St. Lucie). The shorter term bonds that are posted at preliminary acceptance are typically for the one year maintenance period with the exception of the City of Orlando which has a two year period. Similarly to the County, in most cases the term can be extended. 3.1.2.4 UPS – Utilization In all cases it appears that the utilities have rarely had to utilize the UPS to correct substandard facilities. The responses ranged from rarely to never or none that could be remembered. It appears that the preference is to rely upon the warranty to have the Applicant take corrective measures when necessary. Orange County explicitly mentioned that reliance on a UPS was not necessary as the Applicant routinely makes the corrective actions. Port St. Lucie mentioned that the last time they relied upon a UPS was during the 2008 recession when many developments were failing. 16.C.2.a Packet Pg. 1422 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study 12 081219 3.1.2.5 UPS – Discharge The discharge of the UPS after the maintenance period can happen either passively, where the UPS is allowed to expire at the end of its term, or actively, where the utility sends a release letter. Half of the utilities require a final inspection of the facilities prior to the discharge of the bond. Usually this process is initiated 60 to 90 days prior to the discharge of the bond. Orange County requires the ability to extend the term of the UPS at its discretion. 16.C.2.a Packet Pg. 1423 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study 13 081219 Table 3-2. Summary of Warranty Information Utility Warranty Requirement Who is responsible for providing the warranty? How frequently have deficiencies occurred during warranty period? Type of deficiencies? Collier County One year Contractor Not in recent memory Deficiencies usually due to improper laying conditions for piping. Failure usually occurs after the one year warranty period Port St. Lucie One year Contractor and/or Applicant Not often. Less than one claim per year Settling from poor compaction and control panel issues mainly City of Orlando One year Contractor Rarely Accumulation of dirt and construction debris in sewer mains of new residential subdivisions TWA Maintenance/performance bond serves as warranty. See Table 3-3 -- -- -- Martin County Maintenance/performance bond serves as warranty. See Table 3-3 -- -- -- Orange County One year Applicant Rarely Mostly ground level (valve & meter boxes damaged, buried or concreted over valves, etc.). CCTV Gravity main issues (Too dirty to CCTV, bellied or damaged by others) 16.C.2.aPacket Pg. 1424Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Collier County Utility Conveyance Policies and Procedures Case Study 14 081219 Table 3-3. Summary of Alternate UPS Instruments Utility Security Requirements? Required Security Amount Term? When are securities required to be posted? Security draw frequency? Reasons for drawing upon a security? Has security been insufficient to cover deficiencies? How are securities discharged after term has ended? Collier County Cash bond, irrevocable letter of credit, escrow 110 percent of project value; reduced to 10% after PA One Year Minimum dependent on reviews For SDPs, required at beginning of PA process; For PPLs, required before the plat is recorded and final obligation cash bond due at PA Not in recent memory Unknown NA Returned to applicant after FA Port St. Lucie None on commercial. Only required for single family residential developments 120 percent of project value Five years When plat is recorded or construction starts Rarely Contractor/developer goes under, such as during the 2008 recession No Release of bond letter City of Orlando Maintenance bond, equivalent cash deposit, certificate of deposit, irrevocable letter of credit, cashier's check, or certified check drawn upon a Florida bank 15 percent of the actual construction cost of all improvements or 100 percent construction cost of utilities to cover sufficient replacement Two years Prior to acceptance of the improvements by the City from Engineer through the issuance of a Letter of Completion -- -- -- Final inspection occurs before the end of the maintenance period. If improvements are in satisfactory condition, the maintenance bond is permitted to expire TWA Maintenance, materials, and workmanship surety bonds and include all improvements including materials, workmanship, and structural integrity. Applicant may provide a deposit of cash in an escrow account or irrevocable letter of credit Ten percent of certified construction cost One year During the project conveyance phase Never -- -- At the expiration of the security and upon verification of satisfactory performance and receipt of required documents outlined in the Project Acceptance Certificate 16.C.2.aPacket Pg. 1425Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Collier County Utility Conveyance Policies and Procedures Case Study 15 081219 Table 3-3. Summary of Alternate UPS Instruments (continued) Utility Security Requirements? Required Security Amount Term? When are securities required to be posted? Security draw frequency? Reasons for drawing upon a security? Has security been insufficient to cover deficiencies? How are securities discharged after term has ended? Martin County Maintenance bond, letter of credit, CD, or cash 100 percent of up to the first $5,000, and then 10 percent of the remaining value One year Prior to final release of water and/or wastewater service and must be submitted along with remaining close-out requirements None in last ten years -- -- Surety document is returned, or if paid by cash/check then a check is issued Orange County Irrevocable letter of credit, cash escrow, or bond Ten percent of actual cost less the cost of equipment covered by manufacturer's warranty One-year After Certificate of Completion has been issued by the County Orange County has not had to draw on a security as contractors have historically fulfilled their responsibility Mostly ground level (valve & meter boxes damaged, buried or concreted over valves, Etc.). CCTV Gravity main issues (Too dirty to CCTV, bellied or damaged by others) -- Securities automatically extinguish once term is over; however, the County has the ability to extend the duration of the bond. Facilities are subject to an inspection prior to bond release 16.C.2.aPacket Pg. 1426Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Collier County Utility Conveyance Policies and Procedures Case Study 16 081219 3.2 PRIVATELY OWNED FACILITIES As would be expected, all utility systems have privately owned facilities in their service area. Across the board the utilities classify private facilities into two categories: · Facilities that serve a single owner or connection, such as commercial and multi-family residential development, · Facilities that serve multiple owners, such as master metered single family developments. Half of the utilities surveyed allow both types but the remainder utilities have more restrictive policies for facilities that serve more than one owner. Orange County only allows facilities serving multiple owners if the connections are all on private property and there is no direct access to a public right-of-way. TWA allows for private facilities but in nearly all cases mandates that the lift stations must be conveyed to the utility. Martin County and Port St. Lucie only rarely allow for such facilities in specific instances. Like Collier County, all utilities surveyed provide for approval of the private facilities during the development review process, however, only the City of Orlando and Martin County require full compliance with utility’s standards. All utilities require the same level of inspection of the private facilities as if they were being conveyed. In Collier County, any deviations from standards require approval. Most utilities will accept ownership of private facilities, however, in all cases the facilities are required to be upgraded to current utility standards and easements secured prior to the transfer. Martin County specifically stated that the transfer would go through a process similar to the conveyance requirements including a maintenance period backed by a one year UPS. Both Orange County and TWA stated they do not accept private facilities; however, TWA will accept ownership if mandated by FDEP. Table 3-4 presents a summary of the survey responses. 16.C.2.a Packet Pg. 1427 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study 17 081219 Table 3-4. Summary of Privately Owned Facilities Utility Existing privately owned facilities in service area? Are new privately owned facilities allowed? Development review process different for privately owned facilities? Extent of inspection/oversight during construction Are existing privately owned facilities accepted by utility? Collier County Yes Yes PA requires acceptance documents and testing. UPS is required in addition to going through the FA process Similar to facilities that would be conveyed to the County Yes, if County standards are met in addition to all inspection/turnover requirements Port St. Lucie Very few Very rarely Typically not; anything private is treated as though it could become public All privately owned utility projects are constructed in accordance with utility standards and subject to the inspections as required for utility-owned projects Yes, subject to several requirements including being brought to City standards prior to acceptance City of Orlando Yes Yes No; the same standards apply to private sewer systems as to City owned sewers Permitting Services Division conducts all site work inspections and applies the same standards to both privately owned and City owned utilities TWA Yes Yes; however, private lift stations are not allowed for residential projects (including single & multi family, duplex, apartment complexes, condominiums, townhomes, short-term rentals, and timeshares). Private lift stations are not allowed for multiple-owner projects or projects that may foreseeably lead to a future fractured ownership Separation requirements follow FDEP minimums instead of TWA requirements. Otherwise they are the same Same as conveyed utilities Will not take ownership of private systems unless mandated by FDEP 16.C.2.aPacket Pg. 1428Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Collier County Utility Conveyance Policies and Procedures Case Study 18 081219 Table 3-4. Summary of Privately Owned Facilities (continued) Utility Existing privately owned facilities in service area? Are new privately owned facilities allowed? Development review process different for privately owned facilities? Extent of inspection/oversight during construction Are existing privately owned facilities accepted by utility? Martin County Yes Yes; if they are the sole use of a single property owner, then they may be private Private infrastructure is reviewed for compliance with FDEP rules, and it is recommended, but not required that they meet MCU standards Reviewed for conformance with FDEP rules including review of record drawings Yes; however, private utilities must be brought to City standards prior to acceptance. A one-year surety is also required Orange County Yes; any utility located on private property is privately owned Yes; strong push to end public ownership of right-of-way. Shopping plazas, condominiums, townhome complexes, or similar, are master-metered. Individually owned townhomes are individually metered, single parcel shopping centers or condos are master-metered Yes; Construction plans must be approved by county, but project doesn't necessarily have to meet county standards Because the owner/developer pays impact fees, they are treated the same as utility-owned project with periodic inspections and testing requirements The county does not accept privately owned systems and has consistently applied a firm stance on this issue 16.C.2.aPacket Pg. 1429Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Collier County Utility Conveyance Policies and Procedures Case Study 19 081219 3.3 SMALL PROJECTS The general response from the utilities survey is that the conveyance process is the same regardless of the size of the development or amount of facilities conveyed. However, a few utilities responded that within the process some accommodations may be made. Port St. Lucie stated that surveyed as-builts are sometimes not required for acceptance of smaller facilities. Table 3-5. Summary of Smaller Utility Improvement Policies Utility Acceptance policy for smaller utility improvements Is there a shortcut to the standard conveyance process for smaller utility improvements? Collier County Same for larger facilities No exceptions, only through utility deviation process Port St. Lucie Same for larger facilities Surveyed as-builts may not be required for a small utility improvement such as a 2-inch or smaller pipe and may be done by City staff City of Orlando No answer No TWA Same for larger facilities No Martin County Same for larger facilities No Orange County Same for larger facilities The review time and inspection scheduling may be accelerated, but not a formal part of the process 16.C.2.a Packet Pg. 1430 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) Collier County Utility Conveyance Policies and Procedures Case Study 20 081219 4.0 SUMMARY AND ANALYSIS 4.1 MAINTENANCE PERIOD In considering the revision of the ownership requirement during the maintenance period, the County must consider what protections might be lost and balance those protections in its revised system. In the 2015 study it was noted that the County currently has the highest level of protection against substandard facilities, requiring a warranty, UPS, and Applicant ownership of the facilities during the maintenance period. The utilities surveyed in this study assume ownership at the beginning of the warranty period and although there are specific nuances to each utility, the processes overall are similar. All of the utilities surveyed expressed overall satisfaction with the process. It is worth noting that the occurrence of substandard facilities requiring use of the warranty or a draw on the UPS is rare across all utilities and, given the preference, the warranty seems to be the preferred instrument for correcting substandard facilities. Compared to the utilities surveyed, the County’s process has all of the major elements for addressing substandard facilities. The inspection requirements are on par with the survey and the warranty and UPS requirements are similar if not better. Overall the County’s process should be readily amenable to the transition with a minor shift in the approval process being the primary change. The County may want to consider extending the maintenance period from one to two years, like the City of Orlando, to provide a longer time frame for facility deficiencies to manifest. In addition, it is important that the County maintain its requirement for a full facility inspection near the end of the maintenance process and prior to discharge of the UPS. 4.2 PRIVATE FACILITIES Most utility systems surveyed treat private facilities in a manner similar to the County. The documentation and inspection requirements are the same as if the facilities were being conveyed. Private facilities that serve more than one owner are viewed as potentially reverting to the utility and as a result such projects are discouraged, not allowed, or at a minimum required to be built to utility standards. About half of the utilities surveyed require their standards for private facilities. Transfer of previously constructed private facilities occurs rarely and in some cases is prohibited or allowed only under FDEP mandate. Where a transfer is allowed the utilities have polices in place to offset the risk of acquiring substandard facilities. Utilities that do accept these facilities have a requirement that they must be brought to the prevailing utility standards prior to the transfer and at least one utility requires a UPS and a one year maintenance period. 4.3 SMALL PROJECTS In general, the conveyance process for smaller projects are subject to the same as larger projects. Some utilities may expedite the review process or reduce some of the documentation but it is on a case-by-case basis. None of the exceptions, however, seem to increase the risk to the utility of receiving sub-standard facilities. 16.C.2.a Packet Pg. 1431 Attachment: Attachment 1 - Conveyance Case Study (16083 : Permission to advertise the Utilities Ordinance) [19-EIS-04145/1641423/1] Page 1 of 2 Ordinance Change Summary Line Numbers Code of Laws Section Description 51-71 Sec. 134-56(a) Simplified the definition of “District service area” 76-77 Sec. 134-56(a) Removed reference to preliminary acceptance language from "Final acceptance" definition 79-80 Sec. 134-56(a) Removed "one year sewer viewer report and video" and "final" from, and added “attorney's affidavit” to, "Final acceptance obligations" definition 88-93 Sec. 134-56(a) Removed reference to preliminary acceptance language from "Inspection" definition 97-99 Sec. 134-56(a) Deleted definition of "Preliminary acceptance" 103-106 Sec. 134-56(a) Added language to "Transmission mains" definition to include wastewater force mains (12+ inches in diameter), and clarify water types being transmitted 116-118 Sec. 134-56(a) Deleted clause regarding private property from the definition of "Utilities performance security" 122-123 Sec. 134-56(a) Added a definition for "Warranty period" 131-249 Sec. 134-58(e) Eliminated the final acceptance obligations cash bond 137-165 Sec. 134-58(e)(1) Clarified when the utilities performance security (UPS) is not required 171-217 Sec. 134-58(e)(2) Clarified that the one-year duration of the UPS is the Warranty Period, beginning upon recordation of conveyance documents 220-229 264-299 360-361 Sec. 134-58(e)(5) Sec. 134-59(e)-(f) Sec. 134-60(c) Deleted section requiring the final utility inspection before release of UPS to consolidate Preliminary and Final Utility Inspections 16.C.2.b Packet Pg. 1432 Attachment: Attachment 2 - Change Summary (16083 : Permission to advertise the Utilities Ordinance) [19-EIS-04145/1641423/1] Page 2 of 2 Line Numbers Code of Laws Section Description 231-250 Sec. 134-58(e)(6) Added language requiring county staff to schedule agenda item for the next available regular BCC meeting for release of the UPS 255-256 Sec. 134-58(f)(1) Deleted the preliminary work authorization (PWA) 321-322 Sec. 134-60(a) Removed reference to preliminary acceptance (who grants preliminary acceptance) 324-325 Sec. 134-60(a) Deleted parenthetical regarding 1-year warranty as a prerequisite for final acceptance 353-358 Sec. 134-60(b)(6) Deleted stamp requirement for Exhibit B of the Warranty Deed and Bill of Sale 378-379 Sec. 134-61 Clarified advertising language for Resolutions that amend the standards manual 391-392 Sec. 134-64 Revised document signing requirements regarding submission timeframes for legal documents 16.C.2.b Packet Pg. 1433 Attachment: Attachment 2 - Change Summary (16083 : Permission to advertise the Utilities Ordinance) [19-EIS-04145/1640850/1] Page 1 of 10 Words Underlined are added; Words Struck-Through are deleted. ORDINANCE NO. 2021 - ____ 1 2 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 3 NO. 2004-31, AS AMENDED, KNOWN AS THE COLLIER COUNTY 4 UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AS 5 CODIFIED IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF 6 LAWS AND ORDINANCES, TO UPDATE THE REGULATIONS 7 GOVERNING THE INSTALLATION OF SUSTAINABLE AND SAFE 8 UTILITIES INFRASTRUCTURE WITHIN THE COUNTY; PROVIDING 9 FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION 10 IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 11 AN EFFECTIVE DATE. 12 13 WHEREAS, on May 11, 2004, the Board of County Commissioners of Collier County, 14 Florida, as the Governing Body of Collier County, Florida, and as the Ex-Officio Governing Board 15 of the Collier County Water-Sewer District, concurrently adopted Collier County Ordinance No. 16 2004-31, known as the Collier County Utilities Standards and Procedures Ordinance, together with 17 the Utilities Standards Manual, including all of the Manual’s exhibits (the “Ordinance”). These 18 documents provide County procedures and guidelines for the design, construction and repair of 19 both privately constructed and County constructed utility systems in Collier County; and 20 21 WHEREAS, Collier County Ordinance No. 2004-31 has been previously amended by 22 Ordinance Nos. 2006-48, 2007-60, and 2018-36, and by numerous Resolutions amending the 23 Collier County Water-Sewer District Utilities Standards Manual, which is incorporated by 24 reference into the Ordinance; and 25 26 WHEREAS, a 2017 benchmarking study by Tetra Tech that was updated and expanded in 27 2019 and discussions amongst staff and the Development Services Advisory Committee (DSAC) 28 Utilities Subcommittee prompted proposed amendments to the Ordinance; and 29 30 WHEREAS, the Board wishes to update the Collier County Utilities Standards and 31 Procedures Ordinance to simplify and optimize the County’s conveyance process in ways that are 32 mutually beneficial to the County and the land development industry while preserving high-quality 33 and best-value utility services to Collier County Public Utilities customers. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 36 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY 37 OF COLLIER COUNTY, FLORIDA, AND AS THE EX-OFFICIO GOVERNING BOARD 38 OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that 39 40 SECTION ONE: The following Sections of Ordinance No. 2004-31, as amended, and 41 codified in Chapter 134, Article III, of the Code of Laws and Ordinances 42 are amended as follows: 43 16.C.2.c Packet Pg. 1434 Attachment: Attachment 3 - Ordinance - Numbered (16083 : Permission to advertise the Utilities Ordinance) [19-EIS-04145/1640850/1] Page 2 of 10 Words Underlined are added; Words Struck-Through are deleted. Sec. 134-56. - Definitions and abbreviations. 44 45 * * * * * 46 47 District service area: All geographic areas where the District is then authorized to provide potable 48 water and/or wastewater service, and/or non-potable irrigation water, and/or bulk service, by 49 general law or by Special Act(s) of the Florida Legislature, including all such geographic areas 50 then being served with interim service by any other service provider. The following areas are not 51 included in the District's Service Area (1) All geographic areas within the geographic boundaries 52 of each municipality as those municipal boundaries existed on the effective date of Chapter 2003-53 353, Laws of Florida; and (2) all areas within the City of Golden Gate (which is not a municipal 54 corporation) as such area is now or hereafter defined in subsection 5(C) of Section 3 of Chapter 55 2003-353, Laws of Florida); and (3) all area within the geographic boundaries the Immokalee 56 Water and Sewer District; and (4) all area within the geographic boundaries of each utility service 57 area then actively certificated to the subject utility by the Collier County Water-Wastewater (or 58 hereafter by the Florida Public Service Commission in the event the County cedes such Chapter 59 367, Florida Statutes, jurisdiction back to the FPSC (for as long as such certificated area is viable). 60 Except as to the geographic areas listed herein, this section applies to each person or entity, lessee, 61 trustee and/or receiver, owning, operating, managing, or controlling such facilities of system, or 62 proposing construction of such facilities and/or system, who or which is providing or proposes to 63 provide any such service, or any combination thereof, within the unincorporated area of the county 64 except: 65 66 (1) Property used solely or principally in the business of bottling, selling, distributing or 67 furnishing bottled water; and 68 69 (2) Subject to Chapter 2003-353, Laws of Florida, such facilities or system(s) owned, 70 operated, managed, or controlled by another government or governmental agency. 71 72 * * * * * 73 74 Final acceptance: Acceptance by the board of potable water, non-potable irrigation water and/or 75 wastewater systems at least one year after preliminary acceptance, and after satisfactory 76 completion of all final acceptance obligations. 77 78 Final acceptance obligations: These include reimbursed recording fees, one-year sewer viewer 79 report and video, final utility inspection, attorney’s affidavit and final attorney's affidavit. 80 81 * * * * * 82 83 Inspection: Periodic construction site visits by a county representative, the purpose of which is to 84 ascertain/ensure compliance with county-approved construction documents and applicable 85 ordinances, codes and statutes. Such periodic visits shall occur, but not be limited to, during 86 construction of the potable water, non-potable irrigation water and/or wastewater additions, 87 extensions and/or improvements (including road/transportation utilities relocate projects), and 88 after completion of construction (for preliminary acceptance prior to conveyance of the required 89 16.C.2.c Packet Pg. 1435 Attachment: Attachment 3 - Ordinance - Numbered (16083 : Permission to advertise the Utilities Ordinance) [19-EIS-04145/1640850/1] Page 3 of 10 Words Underlined are added; Words Struck-Through are deleted. potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof to 90 the district), and after the one year contractual guarantee period (for final acceptance of the potable 91 water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof by the 92 county). 93 94 * * * * * 95 96 Preliminary acceptance: Potable water, non-potable irrigation water and wastewater systems 97 conveyance to the board after satisfactory completion of inspections, tests, and certifications but 98 not including final inspections. 99 100 * * * * * 101 102 Transmission mains: Potable water mains 16 inches in diameter and larger that distribute water 103 over a regional or sub-regional area, wastewater force mains 12 inches in diameter and larger, and 104 non-potable irrigation water mains six inches in diameter or greaterand larger, and. Also includes 105 water mains used to transport well raw water from a wells to a potable water treatment plant. 106 107 * * * * * 108 109 Utilities performance security (UPS): A performance bond, cash bond, irrevocable letter of credit, 110 or other authorized form of security furnished by the developer to the county or the district, prior 111 to recording of plat or conveyance of utility facilities, (potable water and/or wastewater facilities) 112 and/or non-utility facilities (reclaimed or supplemental water facilities) to guarantee the 113 construction, workmanship and/or materials for the warranty period after the utility system(s) or 114 portion(s) and the non-utility facilities and portions thereof have been conveyed to the county, 115 district, or other appropriate water-sewer district, or upon completion of the utility system(s) or 116 portion(s) and the non-utility systems and portions thereof when construction occurs on private 117 property. (Refer to section 134-58(e): Utilities performance security.) 118 119 * * * * * 120 121 Warranty period: A one-year timeframe following recording of the conveyance documents during 122 which the County holds the developer’s utilities performance security. 123 124 * * * * * 125 126 Sec. 134-58. - Construction approval and document submissions. 127 128 * * * * * 129 130 (e) Utilities performance security and final acceptance obligations cash bond. 131 132 (1) Notwithstanding any other provision(s) in this ordinance, the developer shall be 133 required to furnish a final acceptance obligations cash bond to staff in the amount 134 of $4,000.00 and a utilities performance security ("UPS") in an amount equal to 135 16.C.2.c Packet Pg. 1436 Attachment: Attachment 3 - Ordinance - Numbered (16083 : Permission to advertise the Utilities Ordinance) [19-EIS-04145/1640850/1] Page 4 of 10 Words Underlined are added; Words Struck-Through are deleted. 110 percent of the engineer's estimated probable cost of construction for potable 136 water, non-potable irrigation water (where applicable) and/or wastewater system(s) 137 or portion(s) thereof that will be conveyed to the District or $10,000.00, whichever 138 is greater. The developer shall submit the final acceptance obligations cash bond 139 and UPS withprior to final construction documentsrecording the plat. The UPS 140 must be approved by the Collier County Attorney's Office prior to commencement 141 of utility constructionrecording the plat. The final acceptance obligations cash bond 142 shall be required, but aA UPS is not required for the construction phase of a project, 143 provided development is occurring on private, non-subdivided property where the 144 only water distribution, non-potable irrigation water, and/or wastewater 145 infrastructure to be conveyed to the District are service extensions to the project 146 boundary, provided the construction cost of said service extensions does not exceed 147 $100,000.00, or if the UPS has been previously provided to the County or District, 148 pursuant to the LDC requirements. Upon conveyance of utility system(s) or 149 portion(s) thereof to the District, the developer may request a reduction of the UPS 150 for infrastructure installed and inspected to an amount equal to ten percent of the 151 cost of utility construction but not less than $10,000.00. , or if the UPS has been 152 previously provided to the county or district, pursuant to the LDC requirements. A 153 UPS shall be required on all projects during the guarantee or warranty period as 154 described in this ordinance. The final acceptance obligations cash bond is to 155 reimburse the county or district for any and all late fees and all direct and indirect 156 expenses incurred by the county or district that would not have been incurred if all 157 duties and responsibilities had been promptly performed by the responsible party 158 as required by this ordinance, including, and not limited to, final attorney's affidavit, 159 all costs of final utility inspection(s), recording fees, one-year sewer viewer report, 160 video, costs of mailing or otherwise providing all notices, and emergency repairs 161 and/or maintenance to the respective utility system conducted by the county or 162 district with regard to any such utility facilities. The minimum amount of this final 163 acceptance obligations cash bond can be changed from time to time by summary 164 agenda resolution(s) of the board of county commissioners. Staff may summarily 165 waive the UPS requirement when the utility facilities/systems are being constructed 166 by, or on behalf of, another governmental entity, such as, but not limited to, the 167 Collier County School Board, a fire district, the State of Florida or any agency 168 thereof, or the Government of the United States or any agency thereof. 169 170 (2) Upon preliminary conveyance of utility system(s) or portion(s) thereof to the 171 county, the developer may request a reduction in the UPS in an amount equal to ten 172 percent of the probable cost of utility construction for the required guarantee or 173 warranty period. For completion of system(s) or portion(s) thereof constructed on 174 private, non-subdivided property, a ten percent UPS shall be provided to, and 175 accepted by, the county or district prior to preliminary final acceptance of the 176 completed utility system(s) or portion(s) thereof. Whenever reasonably possible, 177 the UPS amount shall be based on the actual bid price of the potable water, non -178 potable irrigation water (where applicable) and/or wastewater system(s) or 179 portion(s) thereof that will be conveyed to the District. Whenever a bid price is 180 utilized, a copy of the accepted bidder's proposal form shall be submitted with the 181 16.C.2.c Packet Pg. 1437 Attachment: Attachment 3 - Ordinance - Numbered (16083 : Permission to advertise the Utilities Ordinance) [19-EIS-04145/1640850/1] Page 5 of 10 Words Underlined are added; Words Struck-Through are deleted. UPS. An opinion of probable construction cost signed and sealed by a Florida 182 licensed professional engineer will suffice when the actual bid price is not available. 183 The UPS shall be held by the county or district until the end of the warranty period 184 and shall secure and cover the performance of the developer in constructingon and 185 maintaining the subject permitted potable water, non-potable irrigation water 186 and/or wastewater additions, extensions and/or improvements in accordance with 187 the Manual. Acceptable UPS forms shall be a performance bond, cash bond, 188 irrevocable letter of credit, or escrow agreement. The UPS must specify that the 189 security shall not cease unless and until a year after the board has finally accepted 190 the utility system(s) that are covered by the UPS. No other form of security will be 191 accepted unless a waiver of the requirements herein is granted by the board. All 192 surety companies associated with a performance bond shall hold a current 193 certificate of authority, as issued by the treasury department, as an acceptable surety 194 on federal bonds under an Act of Congress approved July 30, 1947. 195 196 * * * * * 197 198 (4) The issuer of any letter of credit shall be a federally insured and regulated savings 199 and loan association or commercial bank, authorized to do, and doing business, in 200 the State of Florida. The place of expiry must be in Florida. Any letter of credit 201 must be irrevocable for at least 24 months and must apply to both the construction 202 and maintenance obligations of the developer and all final utility acceptance 203 obligations, including late fees, and must be acceptable to the Collier County 204 Attorney. The beneficiary of any letter of credit shall be the board. The beneficiary 205 of a letter of credit provided as a UPS shall be entitled to draw on the letter of credit 206 if: 207 208 a. The developer has failed to construct or maintain the subject potable water, non-209 potable irrigation water and/or wastewater improvements; or has failed to fully 210 perform all final acceptance obligations. Final acceptance obligations must be 211 submitted to community development and environmental services, engineering 212 services division within 14 months following preliminary acceptance. 213 214 b. The letter of credit is scheduled to expire prior to final acceptancethe end of the 215 warranty period, as described in subsection 134-60(c) herein, and alternative 216 performance security has not been provided and accepted in accordance with 217 this ordinance within three business days prior to the expiration date. 218 219 (5) A final utility inspection of the subject potable water, non-potable irrigation water 220 and/or wastewater system(s) or portion(s) thereof shall be conducted prior to release 221 of a UPS. All construction and maintenance obligations covered by a UPS shall be 222 guaranteed and maintained by the developer until satisfactory completion of the 223 final utility inspection. To schedule the final utility inspection, the county staff shall 224 provide written notice to the engineer of record, if practicable, approximately 30 225 days prior to the completion of the one-year period from acceptance by the county, 226 the district or the board of the system(s) or portion(s) thereof. The representatives 227 16.C.2.c Packet Pg. 1438 Attachment: Attachment 3 - Ordinance - Numbered (16083 : Permission to advertise the Utilities Ordinance) [19-EIS-04145/1640850/1] Page 6 of 10 Words Underlined are added; Words Struck-Through are deleted. of the county, engineer of record, contractor, and developer shall conduct final 228 utility inspection. 229 230 (65) The final acceptance obligations cash bond and the UPS shall remain, at all times, 231 in full force and effect until the board approves final acceptancefor the duration of 232 the warranty period. Upon such approvalexpiration of the warranty period, the 233 county staff shall schedule an agenda item for the next available regular BCC 234 meeting recommending return and release of the UPS to the project engineer or the 235 developer's designated agent and shall return the then-due payment balance, if any, 236 of the final acceptance obligations cash bond, without interest, to the entity that 237 supplied the final acceptance obligations cash bond. The provider of the cash bond 238 shall be strictly responsible to promptly keep county staff advised of sufficient 239 mailing return information to facilitate return of the then-due cash bond balance. If 240 the provider of the final acceptance obligations cash bond does not notify staff in 241 writing to the contrary, the final acceptance obligations cash bond shall run with 242 the land if the land is sold or otherwise transferred in the interim and in such event 243 shall be returned to the then-current landowner(s) or, if applicable, owner's of the 244 common areas, such as the condominium association or developer's association. If 245 due to default of the provider of the final acceptance obligations cash bond, it is not 246 possible for staff to ascertain the refundable amount of the bond within four years 247 of the date of delivery of that cash bond to the county and the district, the cash bond 248 shall be forfeited to the public utilities department after deducting all then known 249 obligations payable out of that bond. 250 251 (f) Construction commencement. Potable water, non-potable irrigation water and/or wastewater 252 system construction shall commence only after receipt of the following: 253 254 (1) a. Final written approval of the construction documents., or 255 b. Preliminary work authorization (PWA) approval as outlined in the LDC. 256 257 * * * * * 258 259 Sec. 134-59. Construction observation and inspection. 260 261 * * * * * 262 263 (e) Preliminary inspections. A preliminary inspection of the completed system(s) or portion(s) 264 thereof shall be required prior to any conveyance to and acceptance by the board. During 265 this inspection, the utilities will be checked for compliance with the approved construction 266 drawings and/or approved revised construction drawings. All systems must be found to be 267 in full compliance with the county-approved construction drawings, or county-approved 268 revised construction drawings, prior to conveyance to the board for acceptance. Refer to 269 section 134-60: Utilities conveyance procedures. 270 16.C.2.c Packet Pg. 1439 Attachment: Attachment 3 - Ordinance - Numbered (16083 : Permission to advertise the Utilities Ordinance) [19-EIS-04145/1640850/1] Page 7 of 10 Words Underlined are added; Words Struck-Through are deleted. (ef) Final utility inspections. 271 272 (1) Final utility inspections procedures run with all land in, on or over which the 273 respective utility facilities have been installed (constructed). The final utility 274 inspection of the completed system(s) or portion(s) thereof shall be required prior 275 to final acceptance by the Board. shall be conducted no earlier than one year and 276 no later than one year and 60 days after preliminary acceptance of the utility 277 system(s) or portion(s) thereof by the board. Each final utility inspection shall be 278 delinquent (overdue) if not completed and passed within 14 months after that 279 acceptance date. During this inspection, the utility system(s) or portion(s) thereof 280 shall be examined for any defect in materials and/or workmanship, and for physical 281 and operational compliance with the county staff approved record construction 282 drawings. The UPS shall remain in effect until all final utility acceptance 283 obligations have been satisfactorily completed, passed and final acceptance has 284 been granted by the board. Refer to section 134-60: Utilities conveyance policies 285 and procedures. 286 287 (2) Delinquent final utility inspections. Staff shall provide written notice of overdue final 288 utility inspections and other failures to comply with final utility inspection requirements, 289 including all final utility acceptance obligations. The notice shall allow 60 days after 290 receipt of the notice to comply fully with all final acceptance procedures. Any utility 291 facilities that have not passed all final acceptance obligations not later than 60 days after 292 receipt of the notice shall subject the service site and all units served by the utility facilities 293 to all penalty provisions of this ordinance, including withholding of all additional county 294 permits, permissions and authorizations regarding those sites and units, including, but not 295 limited to, site development or site improvement plans, construction permits, and/or any 296 amendments to any of the same. Subject to staff providing the notice, these provisions 297 apply to final utility inspections that were delinquent prior to the effective date of this 298 subsection. 299 300 Sec. 134-60. Utilities conveyance policies and procedures. 301 302 (a) General. All utility facilities to be conveyed to the county or district, at the time of 303 conveyance to the county or the district must comply with this ordinance and with all then 304 applicable standards and specifications. Nothing in this ordinance requires that the county 305 or the district must accept title to or any responsibility for any utility facility, including 306 each interim facility or interim system, until the facility or system has then received all 307 proper permits/licenses from all applicable agencies prior to and during the construction, 308 expansion, repair and/or maintenance or completion of each such utility facility or interim 309 utility facility or interim system and the facility, interim facility and/or interim system, then 310 complies with all applicable rules and regulations of all federal, Florida and/or local 311 regulatory authorities or agencies, and of this ordinance, the utility standards manual and 312 all of the documents then incorporated by reference in that manual, and each such facility, 313 interim facility and/or interim system is not then under litigation, enforcement action, 314 claims and/or liens prior to the transfer and/or entering into a facilities agreement 315 associated with the district or other independent district utility. Subject to these 316 16.C.2.c Packet Pg. 1440 Attachment: Attachment 3 - Ordinance - Numbered (16083 : Permission to advertise the Utilities Ordinance) [19-EIS-04145/1640850/1] Page 8 of 10 Words Underlined are added; Words Struck-Through are deleted. requirements, potable water, non-potable irrigation water and/or wastewater systems or 317 portion(s) thereof, after public utilities department approval (if applicable), shall be offered 318 to be conveyed to and accepted by the board. The board will accept title to the offered 319 facilities unless in the specific instance there exists good reason not to accept title to such 320 facilities. Preliminary acceptance shall, after public utilities department approval (if 321 applicable), be granted by the growth management department administrator or designee. 322 Upon approval from the public utilities division, final acceptance of such facilities and/or 323 system may be approved by the board (subsequent to the one year warranty period) and 324 after all final acceptance obligations and requirements have been complied with. All 325 facilities and/or systems shall be located within a CUE (or public right-of-way) if they are 326 to be owned, operated and/or maintained by the county or the district. Neither the county 327 nor the district shall have no duty with regard to, or any responsibility for, any utility 328 facilities until title to such utility facilities has been finally accepted by the board. 329 Notwithstanding that neither the county nor the district has any duty with respect to such 330 facilities or systems, in the event that county staff deems that due to necessity (emergency) 331 the county or the district should expend money and/or perform labor to repair, replace, 332 maintain, relocate, remove or have a contractor or other entity perform any other similar 333 activity with regard to such utility facilities or system, the board is authorized to record a 334 claim of lien against the property, site(s) or units(s) that were responsible for such utility 335 facilities (or system) at the time the county staff deemed it necessary to act. 336 337 * * * * * 338 339 (b) Conveyance documents. Upon the county's (or district's) final approval of construction 340 documents, engineering review services division director (county engineer) or designee 341 shall provide the developer with the county's checklist (see standards manual appendix) of 342 conveyance documents required for submission at the time the constructed system(s) or 343 portion(s) thereof is considered for dedication to county or district. 344 345 * * * * * 346 347 (6) Exhibit B to the warranty deed, bill of sale or combined warranty deed/bill of sale 348 shall be a sketch or other graphic representation showing the physical location of 349 the utility facilities being conveyed to the county or district. It is preferable that the 350 Exhibit B be to scale. Each Exhibit B must describe the facilities being conveyed 351 by type (water line, wastewater line, lift station, etc.). Staff shall stamp each such 352 Exhibit B with a stamp that reads substantially as follows (with blank spaces 353 completed with correct information): 354 355 "The Utility Facilities being conveyed are shown on plans prepared by _______, 356 sheets thru _______, dated the _______ day of _______, 20___. These Drawings 357 have been assigned AR number _______." 358 359 (c) Inspection. County staff shall require both preliminary and a final utility inspection of all 360 potable water, non-potable irrigation water and wastewater systems or portion(s) thereof 361 constructed. The construction of all potable water, non-potable irrigation water and/or 362 16.C.2.c Packet Pg. 1441 Attachment: Attachment 3 - Ordinance - Numbered (16083 : Permission to advertise the Utilities Ordinance) [19-EIS-04145/1640850/1] Page 9 of 10 Words Underlined are added; Words Struck-Through are deleted. wastewater systems or portion(s) thereof shall be observed and certified by the engineer of 363 record and shall be inspected by the county. Refer to subsection 134-59(d): Construction 364 observation and inspection. 365 366 * * * * * 367 Sec. 134-61. Amendments. 368 369 County staff may recommend amendments to this article (including the manual and 370 documents incorporated by reference into the manual) as may be deemed necessary or appropriate 371 by the public utilities administrator and, in case of actual or possible conflict with the LDC, upon 372 the additional prior review by the growth management administrator (it being understood that the 373 LDC controls to the extent of such conflicts). Revisions to the standards manual should be made 374 periodically by the public utilities administrator to reflect the best engineering practices, 375 technology advances, compliance with other agencies, and public input, if any. Such revisions 376 shall also be reviewed by the parties listed above. Revisions to the standards manual must be 377 approved by an advertised Resolution of the board of county commissioners. Each such resolution 378 must be placed on the BCC agenda under scheduled advertised public hearings or in the summary 379 agenda section. 380 381 * * * * * 382 383 Sec. 134-64. Appendix A—Standard legal documents. 384 385 * * * * * 386 387 INSTRUCTIONS. 388 389 [Unless waived in writing by the reviewing Assistant County Attorney in the specific instance, the 390 date of each document cannot be signed and dated more than sixty (60) days prior to the meeting 391 at which the Board of County Commissioners will consider its acceptancesubmittal of the subject 392 utility facility documents.] 393 394 * * * * * 395 396 SECTION TWO: Conflict and Severability. 397 398 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 399 applicable law, the more restrictive shall apply. The provisions of this Ordinance, including the 400 Standards Manual, shall be liberally construed to effectively carry out its purposes in the interest 401 of public health, safety, welfare, and convenience. If any court of competent jurisdiction holds 402 any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a 403 separate, distinct and independent provision and such holding shall not affect the validity of the 404 remaining portion. 405 16.C.2.c Packet Pg. 1442 Attachment: Attachment 3 - Ordinance - Numbered (16083 : Permission to advertise the Utilities Ordinance) [19-EIS-04145/1640850/1] Page 10 of 10 Words Underlined are added; Words Struck-Through are deleted. SECTION THREE: Inclusion in the Code of Laws and Ordinances. 406 407 The provisions of this Ordinance shall become and may be made a part of the Code of 408 Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered 409 or re-lettered to accomplish such, and the word “Ordinance” may be changed to “Section,” 410 “Article,” or any other appropriate word. 411 412 SECTION FOUR: Effective Date. 413 414 This Ordinance shall take effect upon filing with the Florida Department of State. 415 416 417 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, 418 Florida, as the Governing Body of Collier County, Florida, and as the Ex-Officio Governing Board 419 of the Collier County Water-Sewer District, this 13th day of July, 2021. 420 421 422 ATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA, AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: ________________________ Deputy Clerk By: __________________________________ Penny Taylor, Chairman 423 424 425 Approved as to Form and Legality: 426 427 428 ______________________________ 429 Derek D. Perry 430 Assistant County Attorney 431 16.C.2.c Packet Pg. 1443 Attachment: Attachment 3 - Ordinance - Numbered (16083 : Permission to advertise the Utilities Ordinance) ORDINANCE NO. 2021 - AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2004-31, AS AMENDED, KNOWN AS THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AS CODIFIED IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF LAWS AND ORDINANCES, TO UPDATE THE REGULATIONS GOVERNING THE INSTALLATION OF SUSTAINABLE AND SAFE UTILITIES INFRASTRUCTURE WITHIN THE COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 11, 2004, the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County, Florida, and as the Ex-Officio Governing Board of the Collier County Water-Sewer District, concurrently adopted Collier County Ordinance No. 2004-31, known as the Collier County Utilities Standards and Procedures Ordinance, together with the Utilities Standards Manual, including all of the Manual’s exhibits (the “Ordinance”). These documents provide County procedures and guidelines for the design, construction and repair of both privately constructed and County constructed utility systems in Collier County; and WHEREAS, Collier County Ordinance No. 2004-31 has been previously amended by Ordinance Nos. 2006-48, 2007-60, and 2018-36, and by numerous Resolutions amending the Collier County Water-Sewer District Utilities Standards Manual, which is incorporated by reference into the Ordinance; and WHEREAS, a 2017 benchmarking study by Tetra Tech that was updated and expanded in 2019 and discussions amongst staff and the Development Services Advisory Committee (DSAC) Utilities Subcommittee prompted proposed amendments to the Ordinance; and WHEREAS, the Board wishes to update the Collier County Utilities Standards and Procedures Ordinance to simplify and optimize the County’s conveyance process in ways that are mutually beneficial to the County and the land development industry while preserving high-quality and best-value utility services to Collier County Public Utilities customers. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA, AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that SECTION ONE: The following Sections of Ordinance No. 2004-31, as amended, and codified in Chapter 134, Article III, of the Code of Laws and Ordinances are amended as follows: Words Underlined are added; Words Struck-Through are deleted.Page 1 of 10[ 19-EIS-04145/1640850/1] 16.C.2.d Packet Pg. 1444 Attachment: Attachment 4 - Ordinance - Stamped by CAO (16083 : Permission to advertise the Utilities Ordinance) Sec. 134-56. - Definitions and abbreviations. jf: sjc :Jc s|c :Jc District service area: All geographic areas where the District is then authorized to provide potable water and/or wastewater service, and/or non-potable irrigation water, and/or bulk service, by general law or by Special Act(s) of the Florida Legislature, including all such geographic areas then being served with interim service by any other service provider. The following areas are not meiuded in the District's Service Area (1) All geographic areas within the geographic boundaries ef each municipality as those municipal boundaries existed on the effective date of Chapter 2003- 353, Laws of Florida; and (2) all areas within the City of Golden Gate (which is not a municipal corporation)-as such area is now or hereafter defined in subsection 5(C) of Section 3 of Chapter 2003 353,-Laws of Florida); and (3) all area within the geographic boundaries the Immokalee Water and Sewer District; and (4) all area within the geographic boundaries of each utility service area then actively certificated to the subject utility by the Collier County Water-Waste water (or hereafter by the Fforida Public Service-Commission in the event the County cedes such Chapter 367, Florida Statutes, jurisdiction back to the FPSC (for-as long as such certificated area is viable).- Except as to the geographic areas listed herein, this section applies to each person or entity, lessee, trustee and/or receiver, owning, operating, managing, or controlling such facilities of system, or proposing construction of such facilities and/or system, who or which is providing or proposes-to provide nnysuch service, or any combination thereof, within the unincorporated area of the county except: (T)—Property used solely or principally in the business of bottlingv-s&Hing, distributing or furnishing bottled water; and Subject to Chapter--2O03 353, Laws of Florida, such facilities or system(s) owned; operated, managed, or controlled by-another government or governmental agency. m Final acceptance: Acceptance by the board of potable water, non-potable irrigation water and/or wastewater systems at least one yeanafter-preliminary-ae-eeptance, and after satisfactory completion of all final acceptance obligations. Final acceptance obligations: These include reimbursed recording fees, one-year sewer-viewer report and video, final utility inspection, attorney’s affidavit and final attorney's affidavit. Inspection: Periodic construction site visits by a county representative, the purpose of which is to ascertain/ensure compliance with county-approved construction documents and applicable ordinances, codes and statutes. Such periodic visits shall occur, but not be limited to, during construction of the potable water, non-potable irrigation water and/or wastewater additions, extensions and/or improvements (including road/transportation utilities relocate projects), and after completion of construction (for preliminary acceptance prior-te-c-onveyance of the required Words Underlined are added; Words Struck-Through are deleted.Page 2 of 10[ 19-EIS-04145/1640850/1] 16.C.2.d Packet Pg. 1445 Attachment: Attachment 4 - Ordinance - Stamped by CAO (16083 : Permission to advertise the Utilities Ordinance) potable water, non potable-irrigation water and/or wastewater system(s) or portion(s) thereof to the district), and after the one year contractual guarantee period (for final acceptance of the potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof by the county). Preliminary acceptance-. Potable water, non-potable irrigation water and wastewater systems conveyance to the board after satisfactory completion of inspections, tests, and certifications but not including final inspections. Transmission mains: Potable water mains 16 inches in diameter and larger that distribute water over a regional or sub regional area, wastewater force mains 12 inches in diameter and larger, and non-potable irrigation water mains six inches in diameter or greaterand larger, and. Also includes water mains used to transport we-h-raw water from a-wells to a potable water treatment plant. Utilities performance security (UPS): A performance bond, cash bond, irrevocable letter of credit, or other authorized form of security furnished by the developer to the county or the district, prior to recording of plat or conveyance of utility facilities, (potable water and/or wastewater facilities) and/or non-utility facilities (reclaimed or supplemental water facilities) to guarantee the construction, workmanship and/or materials for the warranty period after the utility system(s) or portion(s) and the non-utility facilities and portions thereof have been conveyed to the county, district, or other appropriate water-sewer district, or upon completion of the utility system(s) or portion(s) and the non utility systems and portions thereof when construction occurs on private property. (Refer to section 134-58(e): Utilities performance security.) Warranty period: A one-year timeframe following recording of the conveyance documents during which the County holds the developer’s utilities performance security. Sec. 134-58. - Construction approval and document submissions. (e)Utilities performance security and final acceptance obligations cash bond. (1)Notwithstanding any other provision(s) in this ordinance, the developer shall be required to furnish a final acceptance obligations cash bond to staff in the amount of $U000-00 and a utilities performance security ("UPS") in an amount equal to Words Underlined are added; Words Struek-Through are deleted.Page 3 of 10[19-EIS-04145/1640850/1] 16.C.2.d Packet Pg. 1446 Attachment: Attachment 4 - Ordinance - Stamped by CAO (16083 : Permission to advertise the Utilities Ordinance) 110 percent of the engineer's estimated probable cost of construction for potable water, non-potable irrigation water (where applicable') and/or wastewater system(s) or portion(s) thereof that will be conveyed to the District or $10,000.00, whichever is greater. The developer shall submit the final acceptance obligations cash bond and UPS withprior to final construction documentsrecording the plat. The UPS must be approved by the Collier County Attorney's Office prior to commencement of utility constructionrecording the plat. The final acceptance obligations cash bond shah be required, but-aA UPS is not required for the construction phase of a project; provided development is occurring on private, non-subdivided-pr-operty where the only water distribution, non-potable irrigation water, and/or wastewater infrastructure to be conveyed to the District are service extensions to the project boundary, provided the construction cost of said service extensions does not exceed $100,000.00, or if the UPS has been previously provided to the County or District, pursuant to the LDC requirements. Upon conveyance of utility system(s) or portion(s) thereof to the District, the developer may request a reduction of the UPS for infrastructure installed and inspected to an amount equal to ten percent of the cost of utility construction but not less than $10,000.00. , or if the UPS has been previously provided to the county or district, pursuant to the LDC requirements. A UPS shall be required on all projects during the guarantee or warranty period as described in this ordinance. The final acceptance obligations-cash bond is to reimburse the county or-district for-any and all late-fees-and all direct and indirect expenses incurred by the county or district that would not have been incurred if all duties and responsibihties-had been promptly performed by the responsible party as-required by this ordinance, including, and not limited to, final attorney's-affidav-it; ail costs of final utility inspection(s), recording fees, one-year sewer viewer report; video, costs of mailing-er otherwise providing all-notices, and emergency repairs and/or maintenance to the respective utility system conducted by the county or district with regard to any such utility facilities. The minimum amount of this final acceptance obligations cash bond can be changed from time to time by summary agenda resolution(s) of-the board of-eounty commissioners-Staff may summarily waive the UPS requirement when the utility facilities/systems are being constructed by, or on behalf of, another governmental entity, such as, but not limited to, the Collier County School Board, a fire district, the State of Florida or any agency thereof, or the Government of the United States or any agency thereof. (2)Upon preliminary conveyance of utility system(s) or portion(s) thereof to the county, the developer may request a reduction in the UPS in an amount equal to ten percent of the probable cost of utility construction for the required guarantee or warranty period. For completion of system(s) or portion(s) thereof constructed on private, non subdivided property, a ten percent UPS shall be provided to, and accepted by, the county or district prior to preliminary final aceeptanee-ef-the completed-utility system(s) or portion(s) thereof Whenever reasonably possible, the UPS amount shall be based on the actual bid price of the potable water, non- potable irrigation water (where applicable) and/or wastewater svstem(s) or portion(s') thereof that will be conveyed to the District. Whenever a bid price is utilized, a copy of the accepted bidder's proposal form shall be submitted with the Words Underlined are added; Words Struck-Through are deleted.Page 4 of 10[ 19-EIS-04145/1640850/1 ] 16.C.2.d Packet Pg. 1447 Attachment: Attachment 4 - Ordinance - Stamped by CAO (16083 : Permission to advertise the Utilities Ordinance) UPS. An opinion of probable construction cost signed and sealed by a Florida licensed professional engineer will suffice when the actual bid price is not available. The UPS shall be held by the county or district until the end of the warranty period and shall secure and cover the performance of the developer in constructingen-and maintaining the subject- permitted potable water, non-potable irrigation water and/or wastewater additions, extensions and/or improvements in accordance with the Manual. Acceptable UPS forms shall be a performance bond, cash bond, irrevocable letter of credit, or escrow agreement. The UPS must specify that the security shall not cease unless and until a year after the board has finally accepted the utility system(s) that are covered by the UPS. No other form of security will be accepted unless a waiver of the requirements herein is granted by the board. All surety companies associated with a performance bond shall hold a current certificate of authority, as issued by the treasury department, as an acceptable surety on federal bonds under an Act of Congress approved July 30, 1947. (4)The issuer of any letter of credit shall be a federally insured and regulated savings and loan association or commercial bank, authorized to do? and doing business? in the State of Florida. The place of expiry must be in Florida. Any letter of credit must be irrevocable for at least 24 months and must apply to both the construction and maintenance obligations of the developer and all final utility acceptance obligations, including late fees, and must be acceptable to the Collier County Attorney. The beneficiary of any letter of credit shall be the board. The beneficiary of a letter of credit provided as a UPS shall be entitled to draw on the letter of credit if: The developer has failed to construct or maintain the subject potable water, non- potable irrigation water and/or wastewater improvements; or has failed to fully perform all final acceptance obligations. Final acceptance obligations must be submitted to community development and environmental services, engineering services division within 14 months following preliminary acceptance. a. b.The letter of credit is scheduled to expire prior to final acceptancethe end of the warranty period, as described in subsection 134-60(c) herein, and alternative performance security has not been provided and accepted in accordance with this ordinance within three business days prior to the expiration date. A final utility inspection of the subject potable water, non potable 4frigat-ion-water and/or wastewater system(s) or portion(s) thereof shall be conducted prior to release of a UPS. All construction and maintenance obligations covered by a UPS shall be guaranteed and maintained by-the-developer until satisfactory completion of the final utility inspection. To schedule the final utility inspectieft?4he-eounty staff shall provide written notice to the engineer of record, if practicable, approximately 30 days prior to the completion of the one year period from acceptance by the county, the distriet-or the board of the system(s) or portion(s) thereof. The-^epresentatives Words Underlined are added; Words Stftaek-'Through are deleted.Page 5 of 10[ 19-EIS-04145/1640850/1] 16.C.2.d Packet Pg. 1448 Attachment: Attachment 4 - Ordinance - Stamped by CAO (16083 : Permission to advertise the Utilities Ordinance) of the county, engineer of record, contractor, and developer shall conduct final utility inspection. (65) The final acceptance obligations eash-bond and the UPS shall remain, at all times, in full force and effect until the board approves-final acceptancefor the duration of the warranty period. Upon county staff shall schedule an agenda item for the next available regular BCC meeting recommending return and release of the UPS to the project engineer or the developer's designated agent and shall return the-t-hen-due payment balance:, if any, of the final acceptance obligations-eash bond, without interest, to the entity that supplied the final acceptance obligations-eash bond.-The provider of the cash bond shall be strictly responsible to promptly keep county staff advised of sufficient mailing return information to facilitate return of the then ■ due-eash-bond-balance.-If the provider of the final acceptance obligations-eash bond does not notify-staff-m writing to the contrary', the final acceptance obligations cash bond shall run with the land if the land is-sold or otherwise transferred in the interim and in such event shall be returned to the then current landowner(s) or, if applicable, owner's of the common areas, such as the condominium association or developers-association. If due to default of the provider of the final acceptance obligations cash bondrit-is-not possible for staff to ascertain the refundable amount of the bond within four years of the date of-delivery of that cash bond to the county and the district, the cash bond shall be forfeited to-the-public utilities department after deducting all then known obligations payable out of that bond. iration of the warranty period, the (f) Construction commencement. Potable water, non-potable irrigation water and/or wastewater system construction shall commence only after receipt of the following: (1)—Final written approval of the construction documents.T-er &—Preliminary work authorizatien-(PWA) approval as outlined in the LDC. Sec. 134-59. Construction observation and inspection. Preliminary inspections. A preliminary inspection of the completed system(s) or portion(s) thereof shall be required prior to any conveyance to and acceptance by the beard-.-During this inspection, the utilities w ill be checked for compliance with the approved construction drawings and/or approved revised-construction drawings. All systems must be found to be in full compliance with the county approved construction drawings, or county-approved revised construction drawings, prior to conveyanee-te-the-board for acceptance. Refer to section 134-60: Utilities conveyance procedures. Words Underlined are added; Words Struck Through are deleted.Page 6 of 10[ 19-EIS-04145/1640850/1] CAO 16.C.2.d Packet Pg. 1449 Attachment: Attachment 4 - Ordinance - Stamped by CAO (16083 : Permission to advertise the Utilities Ordinance) (ef)Final utility inspections. (1)Final utility inspections procedures run with all land in, on or over which the respective utility facilities have been installed (constructed). The final utility inspection of the completed svstem(s) or portion(s) thereof shall be required prior to final acceptance by the Board, shall be conducted no earlier than one year and no later than one year and 60 days-after-preliminary acceptance of the utility system(s) or portion(s) thereof by the-board. Each final utility inspection shall be delinquent-(overdue) if not completed and passed within-14-months-after that acceptance date. During this inspection, the utility system(s) or portion(s) thereof shall be examined for any defect in materials and/or workmanship, and for physical and operational compliance with the county staff approved drawings. The UPS shall remain-in--effect until all final utility acceptance obligations have been satisfactorily completed, passed and-final-acceptance has been granted by the board. Refer to section 134-60: Utilities conveyance policies and procedures. (3)—Delinquent final utility inspections. Staffshall provide written notice of overdue final utility inspections and other failures to comply with final utility inspection requirements, including all final utility acceptance-obligations: The notice shall allow 60 days after receipt of the notice to comply fully with all final acceptance procedures .-Any-utility facilities that have not passed all final acceptance obligations not later than-6Q-days-afier receipt of the notice shall subject the service site and all units served by-the-utifity-faei 1 ities to all penalty provisions of this ordinance;--including withholding of all additional county permits, permissions and authorizations regarding those sites and units, including, but not limited to, site development or site improvement plans, construction-permits,-and/or-any amendments to any of the same. Subject to staff-providing the notice, these provisions apply to final utility inspections that were delinquent prior to the effective date of this subsection. Sec. 134-60.Utilities conveyance policies and procedures. General. All utility facilities to be conveyed to the county or district, at the time of conveyance to the county or the district must comply with this ordinance and with all then applicable standards and specifications. Nothing in this ordinance requires that the county or the district must accept title to or any responsibility for any utility facility, including each interim facility or interim system, until the facility or system has then received all proper permits/licenses from all applicable agencies prior to and during the construction, expansion, repair and/or maintenance or completion of each such utility facility or interim utility facility or interim system and the facility, interim facility and/or interim system, then complies with all applicable rules and regulations of all federal, Florida and/or local regulatory authorities or agencies, and of this ordinance, the utility standards manual and all of the documents then incorporated by reference in that manual, and each such facility, interim facility and/or interim system is not then under litigation, enforcement action, claims and/or liens prior to the transfer and/or entering into a facilities agreement associated with the district or other independent district utility. Subject to these (a) Words Underlined are added; Words Struck-Through are deleted.Page 7 of 10[19-EIS-04145/1640850/1] 16.C.2.d Packet Pg. 1450 Attachment: Attachment 4 - Ordinance - Stamped by CAO (16083 : Permission to advertise the Utilities Ordinance) requirements, potable water, non-potable irrigation water and/or wastewater systems or portion(s) thereof, after public utilities department approval (if applicable), shall be offered to be conveyed to and accepted by the board. The board will accept title to the offered facilities unless in the specific instance there exists good reason not to accept title to such facilities. Preliminary- aceeptanee-shall,---after- public-utilities department approval-(if applicable), be granted by-the-growth management department administrator or designee. Upon approval from the public utilities division, final acceptance of such facilities and/or system may be approved by the board (subsequent to the one year warranty period) and after all final acceptance obligations and requirements have been complied with. All facilities and/or systems shall be located within a CUE (or public right-of-way) if they are to be owned, operated and/or maintained by the county or the district. Neither the county nor the district shall have no duty with regard to, or any responsibility for, any utility facilities until title to such utility facilities has been finally accepted by the board. Notwithstanding that neither the county nor the district has any duty with respect to such facilities or systems, in the event that county staff deems that due to necessity (emergency) the county or the district should expend money and/or perform labor to repair, replace, maintain, relocate, remove or have a contractor or other entity perform any other similar activity with regard to such utility facilities or system, the board is authorized to record a claim of lien against the property, site(s) or units(s) that were responsible for such utility facilities (or system) at the time the county staff deemed it necessary to act. (b)Conveyance documents. Upon the county's (or district's) final approval of construction documents, engineering review services division director (county engineer) or designee shall provide the developer with the county's checklist (see standards manual appendix) of conveyance documents required for submission at the time the constructed system(s) or portion(s) thereof is considered for dedication to county or district. (6)Exhibit B to the warranty deed, bill of sale or combined warranty deed/bill of sale shall be a sketch or other graphic representation showing the physical location of the utility facilities being conveyed to the county or district. It is preferable that the Exhibit B be to scale. Each Exhibit B must describe the facilities being conveyed by type (water line, wastewater line, lift station, etc.). Staff-shall stamp each such Exhibit B-with a stamp that reads substantially as follows (with blank spaces completed with correct information): The Utility Facilities-being-conveyed are shown on plans prepared by , , 20 . These Drawingssheets thru -,-dated the have been assigned AR number day ol- (c)Inspection. County staff shall require both preliminary and a_final utility inspection of all potable water, non-potable irrigation water and wastewater systems or portion(s) thereof constructed. The construction of all potable water, non-potable irrigation water and/or Words Underlined are added; Words Struek-Through are deleted.Page 8 of 10[ 19-EIS-04145/1640850/1] 16.C.2.d Packet Pg. 1451 Attachment: Attachment 4 - Ordinance - Stamped by CAO (16083 : Permission to advertise the Utilities Ordinance) wastewater systems or portion(s) thereof shall be observed and certified by the engineer of record and shall be inspected by the county. Refer to subsection 134-59(d): Construction observation and inspection. Sec. 134-61.Amendments. County staff may recommend amendments to this article (including the manual and documents incorporated by reference into the manual) as may be deemed necessary or appropriate by the public utilities administrator and, in case of actual or possible conflict with the LDC, upon the additional prior review by the growth management administrator (it being understood that the LDC controls to the extent of such conflicts). Revisions to the standards manual should be made periodically by the public utilities administrator to reflect the best engineering practices, technology advances, compliance with other agencies, and public input, if any. Such revisions shall also be reviewed by the parties listed above. Revisions to the standards manual must be approved by an advertised Resolution of the board of county commissioners. Each such resolution must be placed on the BCC agenda under sc-heduled-advertised public hearings or in the summary agenda section. Sec. 134-64. Appendix A—Standard legal documents. INSTRUCTIONS. [Unless waived in writing by the reviewing Assistant County Attorney in the specific instance, the date of each document cannot be signed and dated more than sixty (60) days prior to the meeting at-which the Board of County Commissioners will consider its acceptancesubmittal of the subject utility facility documents.] SECTION TWO:Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. The provisions of this Ordinance, including the Standards Manual, shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Words Underlined are added; Words Struck-Through are deleted.Page 9 of 10[19-EIS-04145/1640850/1] 16.C.2.d Packet Pg. 1452 Attachment: Attachment 4 - Ordinance - Stamped by CAO (16083 : Permission to advertise the Utilities Ordinance) Inclusion in the Code of Laws and Ordinances.SECTION THREE: The provisions of this Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or re-lettered to accomplish such, and the word “Ordinance” may be changed to “Section,” “Article,” or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County, Florida, and as the Ex-Officio Governing Board of the Collier County Water-Sewer District, this 13th day of July, 2021. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA, AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ATTEST: CRYSTAL K. KINZEL, CLERK By: By: Deputy Clerk Penny Taylor, Chairman Approved as to Form and Legality: Derek D. Perry Assistant County Attorney "VUviN V& Words Underlined are added; Words Struck-Through are deleted.Page 10 of 10[ 19-EIS-04145/1640850/1] 16.C.2.d Packet Pg. 1453 Attachment: Attachment 4 - Ordinance - Stamped by CAO (16083 : Permission to advertise the Utilities Ordinance)