§ 134-58. Construction approval and document submissions.

(a)

General. This section establishes the county's or district's minimum requirements, pursuant to, or in addition to, the minimum LDC requirements for the submission of the following construction documents by the developer, owner and/or contractor, for county or district review; however, the engineering review services division director (county engineer) or designee or district staff may require additional data, as the county or district staff deems necessary, in order to complete its review of:

(1)

Potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof for projects proposing to connect to existing potable water, non-potable irrigation water, and/or wastewater systems; and

(2)

Potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof for projects proposing to be served by interim potable water, non-potable irrigation water and/or wastewater treatment systems.

Where practical, as determined by the county staff during the plan review process, potable water distribution main extensions shall be looped to county (district) potable water transmission mains. Water distribution mains at culs-de-sac, if not looped, shall have a flushing device at the end of the line.

(b)

Construction documents.

(1)

Preparation of construction documents. Construction drawings and technical specifications for the construction, extension and/or modification of potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof shall be prepared by, or under the supervision of, and shall be certified by, the engineer of record, a professional engineer licensed to practice in the State of Florida, under F.S. ch. 471.

(2)

Pre-submittal conference. It is required that prior to initial submission to county staff of construction documents, the owner, developer or authorized agent, (the "applicant") confer with the public utilities representative and community development and environmental services representative to obtain information and guidance, and to initiate an informal preliminary review, pursuant to the LDC, as may be amended, before substantial commitments of time and/or money are made in preparation and submission of further documentation.

(3)

Submittals. Unless instructed otherwise at the pre-submittal conference, initial submittal of construction documents, together with any supportive materials, shall be submitted to the community development and environmental services administrator or designee and shall be accompanied by a descriptive cover letter. Such cover letter shall contain, but not be limited to, the following:

a.

Project name.

b.

Location of project.

c.

Type of utility construction proposed.

d.

Estimated number of potable water, non-potable irrigation water and wastewater users to be served by the proposed construction.

e.

Explanation of what action the county or district is being requested to take regarding the materials submitted.

f.

List of documents attached.

g.

Engineer's report. A concise report summarizing the proposed construction including connections, phasing, assumptions, and estimated total flows.

1.

In the event the proposed construction is part of a proposed subdivision development and plat review process, applicant shall additionally follow, unless otherwise set forth herein, the "development requirements" procedures set forth in LDC, as then amended.

2.

The county requires complete data and information with this initial submission in order to efficiently provide the necessary review. For this reason, a "standard transmittal" form will not be acceptable for the initial submission. However, transmittal forms may be utilized for the subsequent submittal of revised documents, additional items requested by the county staff and other information pertinent to the review and approval process.

(4)

Schedule of fees and charges. The board shall by resolution establish a schedule of fees and charges for construction plan review and inspection services. The schedule shall be posted in the growth management department. The resolution shall be filed with the clerk to the board. The schedule may be revised pursuant to standard resolution adoption and amendment procedures. The construction document review fee shall be submitted with the construction document submission. The construction document review resubmission fee shall be required if the county's staff requires a third review in addition to the initial review and one resubmission. The resubmission fee shall be submitted at the time the third submission is made. The construction inspection fee shall be submitted prior to the final construction plan approval. The construction document modification fee shall be submitted upon written request by the county staff prior to final approval of the modifications requested. The developer shall be responsible for the payment of all fees identified above.

(5)

Plans, specifications and cost estimate. The engineer of record shall furnish complete sets of the construction drawings and technical specifications (engineer's report) as required by the growth management department (a set of bound technical specifications shall be provided for community development's master file if not already done so). Construction drawings shall be prepared on standard size 24" x 36" sheets. Technical specifications (the engineer's report) shall be typewritten on 8-1/2" x 11" sheets and bound in an acceptable manner. Technical specifications (the engineer's report) shall include an estimate of probable construction costs, prepared by the engineer of record, which contains a summary of quantities and estimate of installed cost for the potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof proposed for construction. The cost estimate shall be prepared by the engineer of record and submitted in itemized form to include the cost of all required improvements and/or the contract bid price for all work necessary to complete the required improvements. Incorporation of technical specifications into the construction drawings, in lieu of a separate set of written specifications as described above, shall not be acceptable. The construction documents shall be submitted to the community development and environmental services administrator or designee for review and written approval prior to the commencement of construction. The construction documents shall include, but not be limited to:

a.

Cover sheet with location map;

b.

Site utility master plan, indicating the overall site development and all proposed utility additions, extensions and/or improvements including easements, with references to the appropriate plan and profile sheets. If phasing of the project is proposed, phases shall be indicated on this drawing. For proposed points of connection to existing potable water, non-potable irrigation water and/or wastewater systems, the site utility plan shall indicate the method and materials to be used. Actual location of existing sewer mains and/or laterals, potable water lines and non-potable irrigation water lines and/or stubs shall be shown, where applicable;

c.

Identification of individual lots for subdivisions and/or buildings and structures for condominiums, multi-family projects, etc;

d.

For all projects, the proposed meter location(s) shall be illustrated. All commercial facilities must be metered separately from residential facilities with the exception of those commercial facilities that are within a master metered residential development and designed for the exclusive use of the residents within such development. Final meter sizes shall be determined by the Collier County Public Utilities Engineering Department Director or designee, and the construction document shall note if water services are to be installed by others. For preliminary meter sizing, see Consolidated Impact Fee Ordinance No. 2001-13, as amended, superseded or consolidated;

e.

All existing utility easements on the particular property shall be shown on the drawings. Proposed easements may be required to be shown if the site working space is confined, as determined by county staff on a case-by-case basis. Easements required to be shown shall be clearly labeled and shall show the width and limits (refer to 134-57(g));

f.

Plan and profile sheets shall indicate the horizontal and vertical locations for all potable water, non-potable irrigation water and/or wastewater additions, extensions and/or improvements, including all appurtenances, as well as other proposed and/or existing system(s) or portion(s) thereof, together with all conflicts in the same general location. Special profile sheets shall be required when unique situations or complex conflicts occur that cannot be clearly detailed on standard plan and profile forms. Profiles shall be positioned on the sheet directly below the plan section they are illustrating, with the exception of utilities that are not eligible to be owned and maintained by the county or the district. For such utilities that are not owned and maintained by the county or the district, profiles shall be provided, but do not have to be positioned on the sheet directly below the plan section;

g.

Potable water, non-potable irrigation water and/or wastewater standard details. Use of the technical standards contained in the standards manual shall be required for all construction projects. Pavement restoration, backfill standards, compaction requirements, etc., regarding work within the public rights-of-way or CUEs shall be governed by the rules and regulations established by the public utilities department as outlined in the standards manual. Standard details involving these items shall reflect the requirements of the public utilities department;

h.

Complete lift station drawings, specifications, as required, and details including shop drawings, when necessary, shall be required. A special site plan of the lift station and appurtenances shall be provided. This plan shall contain specific details on the configuration of the station, location of appurtenances such as electric service and transformers, guard posts, control panel, fencing, landscaping, etc., and the proposed location with respect to roadways, sidewalks or bike paths, driveways and proposed or existing rights-of-way or utility easements;

i.

Potable water and wastewater system hydraulic calculations;

j.

A symbols and abbreviations legend;

k.

A list of all county or district inspections that require 48-hour notice;

l.

A statement as to who owns and maintains the onsite potable water, non-potable irrigation water and wastewater systems (refer to subsection 134-60(d): record drawings herein).

(6)

Connection to noncounty-owned wastewater systems. When connection to a central wastewater system, other than those owned and maintained by the county, the district, or other appropriate water-sewer district, is proposed, the requirements of section 66-2 of the Collier County Code of Laws and Ordinances and amendments thereto shall be satisfied and shall comply with subsections 134-57(a)—(e) herein:

(7)

Rights-of-way permits. Construction within dedicated public rights-of-way shall require an approved permit from the appropriate governmental county, state and/or federal agency. A copy of the approved permit shall be submitted to county staff, prior to the project pre-construction meeting. Utility construction within a right-of-way owned by the State of Florida, shall require a FDOT utility permit. When companion FDEP permit applications must be obtained, they will be released for processing prior to final FDOT permit approval, provided the construction documents are satisfactory to the public utilities administrator or designee.

(c)

Fire control district approval.

(1)

All construction drawings containing potable water distribution systems or portion(s) thereof shall be reviewed by, and shall require written approval by, the appropriate independent fire control districts. Fire hydrant location design shall be in compliance with the LDC or NFPA regulations, latest edition, whichever is more restrictive. The fire control district shall provide the county staff with a letter approving the number and location of the fire protection facilities to serve the project. This letter shall contain an agreement by the fire control district to accept the ownership and maintenance responsibilities for the hydrants after construction is complete pursuant to the established policy of each individual fire control district in effect at such time. The public utilities department will be responsible for the fire hydrant lead, up to and including the gate valve as specified in the standards manual, unless the fire districts do not accept ownership of the fire hydrants and leads after the isolation valve, in which case the entire lead and fire hydrant shall be dedicated to the district.

(2)

Upon completion of the potable water system construction, the engineer of record shall provide to the community development and environmental services administrator or designee field fire-flow testing documentation by the appropriate fire control district that establishes that adequate fire-flow capabilities exist. The engineer of record must incorporate demand capacity and meter-sizing data establishing that the water meter selected does pass the total flows required by the project in the engineer's report for projects that are to utilize a master water meter to which fire hydrants shall be connected.

(3)

The county water-sewer district shall not be responsible for, and shall be held harmless from, any damages or loss resulting from inadequate sizing of a water meter to supply fire flow in addition to concurrent domestic demand for a particular project. Data on the meter sizing analysis shall also be contained in a hydraulic design report required in subsection 134-58(b)(5). Per F.A.C. 4A-46.041, the county shall not own, maintain and test fire lines, such ownership is the responsibility of the applicable fire district.

(d)

Plats.

(1)

A copy of the proposed plat for new subdivisions that contain potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof shall be submitted with the construction drawings to the county staff for review and approval. All utility easements that will be required for the potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof shall be shown on the plat, if possible. Further, the dedication block on the cover sheet shall contain the following statements:

a.

That all utility easements for potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof and Ingress and Egress rights, where appropriate, are provided to the Collier County Water-Sewer District to operate and maintain potable water, non-potable irrigation water and/or wastewater utility systems or portion(s) thereof within the Platted Area after final conveyance to the CCWSD; and, where applicable, to install the CCWSD's connecting utility facilities within such easement(s).

b.

Applicable potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof constructed within this platted area in compliance with the requirements set forth herein shall be conveyed to the board as the ex-officio governing board of the water-sewer district upon acceptance of the additions, extensions and/or improvements required by the plat.

(2)

Final approval of construction documents for a project will not be made until the board, pursuant to the LDC requirements, has duly approved the proposed plat. Plats submitted and approved by the board shall be in complete accordance with this ordinance. Any requests for deviations from this ordinance shall be clearly outlined in the executive summary, with a copy sent to the affected division(s). Deviations approved as part of the plat shall not be valid unless clearly outlined in the applicant's submittal letter and a copy of such approval by the public utilities department administrator or designee(s) is provided. If a plat is not required for a specific project, the engineer of record shall provide documentation confirming such so that the county staff may determine the extent of utility easements that must be provided.

(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 $4,000.00 and a utilities performance security ("UPS") in an amount equal to 110 percent of the engineer's estimated probable cost of construction for potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof or $10,000.00, whichever is greater. The developer shall submit the final acceptance obligations cash bond and UPS with the final construction documents. The UPS must be approved by the Collier County Attorney's Office prior to commencement of utility construction. The final acceptance obligations cash bond shall be required, but a UPS is not required for the construction phase of a project, provided development is occurring on private, non-subdivided property, 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 responsibilities had been promptly performed by the responsible party as required by this ordinance, including, and not limited to, final attorney's affidavit, all costs of final utility inspection(s), recording fees, one-year sewer viewer report, video, costs of mailing or 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 county 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 acceptance of 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 and/or wastewater systems. Whenever a bid price is utilized, a copy of the accepted bidder's proposal form shall be submitted with the UPS. The UPS shall be held by the county or district and shall secure and cover the performance of the developer in construction and maintaining the subject potable water, non-potable irrigation water and/or wastewater additions, extensions and/or improvements. 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 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.

(3)

Attorneys-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 Florida registered agent. The surety shall be directly responsible to the county and the district should the bond be utilized to complete any repairs or work on the project.

(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:

a.

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.

b.

The letter of credit is scheduled to expire prior to final acceptance, 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.

(5)

A final utility inspection of the subject potable water, non-potable irrigation 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 inspection, the county 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 district or the board of the system(s) or portion(s) thereof. The representatives of the county, engineer of record, contractor, and developer shall conduct final utility inspection.

(6)

The final acceptance obligations cash bond and the UPS shall remain, at all times, in full force and effect until the board approves final acceptance. Upon such approval, the county staff shall return and release the UPS to the project engineer or the developer's designated agent and shall return the then-due payment balance, if any, of the final acceptance obligations cash bond, without interest, to the entity that supplied the final acceptance obligations cash 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 cash bond balance. If the provider of the final acceptance obligations cash bond does not notify staff in 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 developer's association. If due to default of the provider of the final acceptance obligations cash bond, it 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.

(f)

Construction commencement. Potable water, non-potable irrigation water and/or wastewater system construction shall commence only after receipt of the following:

(1)

a.

Final written approval of the construction documents, or

b.

Preliminary work authorization (PWA) approval as outlined in the LDC.

(2)

FDEP construction permits for the potable water, non-potable irrigation water and/or wastewater systems.

(3)

Any other permit that may be required for potable water, non-potable irrigation water and/or wastewater construction, including, but not limited to SFWMD ERP, MSW, USACE dredge-fill, NPDES and FDOT permits.

(4)

Pre-construction meeting as outlined in subsection 134-59(b) herein.

(g)

Construction document modification. The engineering review services division director (county engineer) or designee, prior to commencement of construction, must approve all modifications to previously approved construction documents. The engineer of record shall submit a construction document modification including a written technical description of all modifications, any and all applicable fees, and revised construction drawings to the county staff for written approval prior to construction.

(Ord. No. 04-31, § 8; Ord. No. 07-60, § 3; Ord. No. 2018-36, § 1)