Ordinance 89-023ORDINANCE NO. 89-_2_3-
AN ORDINANCE AMENDING THE TABLE OF
CONTENTS AND SECTION 6.15 UTILITIES
PERFORMANCE BOND DEFINITION; DELETING
SECTION 8.13 OF COLLIER COUNTY ORDINANCE
NO. 88-76 RELATING TO THE REQUIREMENTS
AND WAIVER OF UTILITIES PERFORMANCE BOND;
PROVIDING A NEW SECTION 8.13 ENTITLED
UTILITIES PERFORMANCE SECURITY; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNT?
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE.
Sections 6.15 and 8.13 of the Table of Contents of Collier
County Ordinance No. 88-76 is hereby amended to read as follows:
6.15 Utilities Performance Be~ Security ..... 7
8.13 Utilities Performance Be~ Security .... 34
SECTION TWO.
Section 6.15 of Collier County Ordinance No. 88-76 is hereby
amended to read as follows:
6.15 "Utilities Performance Be~ Security means a
Performance Bond ~S~e~y~ or Letter of Credit to be furnished by
the Developer to the County, prior to commencement of
construction, for all water and sewer construction to guarantee
the construction and the workmanship and materials for the
warranty period after the utility facilities have been conveyed
to the County or appropriate Water-Sewer District, or upon
completion of the utility facilities when construction occurs on
private property. See Section 8.13 for specific details on ~h~s
Be~ Performance Security.
SECTION THREE.
Section 8.13 entitled Utilities Performance Bond of Collier
County Ordinance No. 88-76 is hereby amended to read as follows:
8r~--~½~es-Pe~e~ma~e-Be~
The-Beve~epe~-w~-be-~equ~ed-~-~u~sh-a-Pe~ma~ee-Be~?-~e
151
Words s~ek-~h~e~gh are deleted; words underlined are added.
appr~pr~a~e-Wa~er-Sewer-~s~r~e~=~r-e~mp~e~n-of-fae~ea-~n
prEvaee-preperey~-ehe-BeveEeper-mey-requea~-a-re~ueeEon-En-e~e
for-ehe-requE~ed-warrane~-pe~Eod~--)f-avaE½aBEe?-ehe-B~nd-am~une
ma~-be-Based-on-ehe-aeeua~-bEd-p~ee-ef-~e-waee~-and-sewe~
bEdder~-p~opo~aE-fo~m-muae-be-suBmE~eed-wEeh-ehe-Bond?--~he-B~n~
aha~E-be-~e½d-~Y-ehe-eoune~-end-shaE~-eeve~-ehe-perf~manee-of-
e~ed~7-eash-depo$~eT-eee~-wEE~-Be-aeeepeed-unEea~-e-waEve~-e~
he~d-a-eu~en~-Re~f~ea~e-of-Aueher~e¥7-as-~so~e~-~¥-ehe
Treesu~¥-Bep~en~?-es-e~-~eeep~ebte-s~ety-e~-Fede~a~-Be~d~
~nder-an-Aee-ef-eengress-appr~ved-~u~y-~97-~94~?
m~se-be-e~er-s~gned-~r-e~uneers~gned-by-a-~es~den~-agen~-~-~he
afee~-~e-da~e-~f-e~e-aeeep~anee-~f-~he-e~mp½e~ed-wa~e~-a~d~
~equ~ed-~n-e~n~ee~-w~eh-§ua~an~eed-we~k-wh~ehT-~-~he-~p~
~he-def~e~ene~es-e~-~e-e~ree~edv
,00~ 035,,~ 152
Words se~uek-~h~u§h are deleted~ words underlined are added.
sewef-faeiti~es~--TAe-eeua~y-sha~A-~e~fy-~he-EA~eeF~-&m-
wF~t~ngT-appFex~maee~y-36-days-pF~er-~e-~he-eemp~e~n-ef-~he-ene
yea~-pe~ed-a~e~-~ae~es-aeeep~anee-by-~he-~e~ntyT-~e
eehedu~e-~he-~a½-~nspeee~en~--~e-~na~-~ns~eee~en-s~a~-~e
eend~eeed-w~eh-rep~eseneae&ves-e~-ehe-eeuneM?-En~nee~
eeneraeee~-and-Beve~epe~v--?he-Pe~fe~manee-Bend-sha~½-~ema~m-&m-
~-feree-and-effeee-un~-ehe-~ean~M-p~ev&des-w~&~een
nee~ea~e~-ehae-~he-~na~-~nspee~em-has-beem-sae~s~ae~e~M
zee~n-ehe-Pez~ezmanee-Ben~-ee-ehe-~n§~neez-ez-~he-Beve~epe~Xs
des~maeed-a~emev
8.13 Utilities Performance Security
A developer shall be required to furnish performance
security, to be submitted with the final construction documents
and approved by the Collier County Attorney's Office prior to
commencement of utility construction, in an amount equal to 110%
of the Enqineer's Probable Cost of Construction of Water and/or
Sewer Facilities. Performance security will not be required for
the construction phase of a project, provided development is
occurring on private, unsubdivided property; or if performance
security has been previously provided to the County under the
requirements of Collier County Ordinance No. 76-6, as amended
(Subdivision Regulations). However, performance security shall
be required on all projects during the guarantee or warranty
period as described herein.
Upon conveyance of utility facilities to the County or
appropriate Water-Sewer District, the developer may request a
reduction in the performance security amount to 10% of the
probable cost of utility construction for the required guarantee
or warranty period. For completion of facilities constructed on
private, unsubdivided property, a 10% performance security must
be provided to the County, and accepted prior to preliminary
acceptance of the completed utility facilities. Whenever
reasonably possible, the performance security amount shall be
based on the actual bid price of the water and sewer facilities.
3
Words s~ek-~h~e~gh are deleted; words underlined are ad~ed.
Whenever a bid price is utilized, a copy of the accepted bidder's
DroDosal form must be submitted with the performance security.
The performance security shall be held by the County and shall
secure and cover the performance of the Developer in constructing
and maintaining the subject water and/or sewer improvements. The
performance security must be in a form approved by the Office of
the Collier County Attorney and adopted by the Board of County
Co~missioners.
The t~es of performance security acceptable under this
Ordinance shall be either a performance bond or an irrevocable
letter of credit. No other form of security, i.e. cash deposit,
or escrow agreement will be accepted unless a waiver of the
requirements herein is granted by the Board of County
Commissioners.
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. Attorney's-in-
fact who sign a performance bond must file with the bond a
certified copy of their power of attorney certificate. The bond
must either be signed or countersigned by a resident agent in the
State of Florida. The surety shall be directly responsible to
the County, should the bond have to be utilized to complete any
repairs or work on the project.
The issuer of any letter of credit shall be a federally
insured and regulated savings and loan association or commercial
bank authorized to do and doing business in the State of Florida.
Any letter of credit must be irrevocable and address both the
construction and maintenance obligations of the Developer in a
form acceptable to the Office of the Collier County Attorney.
The beneficiary of any letter of credit shall be the Board of
County Commissioners of Collier County, Florida. The beneficiary
of a letter of credit provided as performance security under this
Ordinance shall be entitled to draw on the letter of credit if
the Developer has failed to construct or maintain the subject.
Words se~k-~h~e~h are deleted; words underlined are added.
water or sewer improvements, or the letter of credit is schedule~
to expire prior to final inspection, as described in Section 10.3
hereof, and alternative performance security has not been
provided and accepted in accordance with this Ordinance within
three (31 business days prior to the date of expiry.
Prior to release of any performance security, a final
inspection of the subject water and/or sewer facilities shall be
conducted. Ail construction and maintenance obligations covered
by any performance security shall be ~uaranteed and maintained by
the Developer until completion of a satisfactory final inspection
described in Section 10.3 herein. Whenever practicable, the
County shall notify the Engineer, in writing, approximately
~hirty days prior to the completion of the one year period after
facilities acceptance by the County to schedule the final
inspection. The final inspection shall be conducted by the
representatives of the County, Engineer, Contractor, and
Developer. The performance security shall remain at all times in
full force and effect until the County provides written
notification that the final inspection has been satisfactorily
completed. Upon such written notification, the County shall
return and release the performance security to the Engineer or
the Developer's designated agent.
SECTION FOUR. 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. If any phrase er portion of the
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION FIVE. EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
155
5
Words s~ek-th~eu~h are deleted; words underlined are added.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this _llLb_day of
1989.
ATTEST:
JJ~ES C.' ~I'LES, CLERK
'Approved as to form and
l~g,a~l' s, Uf.~iC'iency:
.ar~ O. Law~o~ ~"
Assistant C.~)/nty Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIP~%R
,o. 035-,,,
6
Words st~uek-th~eugh are deleted; words underlined are added.
STATE OF FLORIDA )
COUNT~ OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 89-23
which was adopted by the Board of County Commissioners on the
llth day of April, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of April, 1989.
JAMES C. air. ES
Clerk of courts and Cler~.:,',:',~ll~... ..:%~
Ex-officio to Board of
County Commtsstor,ers .~.~ .
·
Deputy Clerk