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HomeMy WebLinkAboutR-2007-027 Water & Sewer Extension Policy RESOLUTION NO. 2007-027 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE WATER AND SEWER EXTENSION POLICY; PROVIDING FOR THE REQUIREMENTS FOR DEVELOPMENT OF WATER TRANSMISSION AND DISTRIBUTION FACILITIES, AND WASTEWATER COLLECTION AND TRANSMISSION FACILITIES WITHIN THE AREA SERVED BY THE CITY UTILITY SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a public utility system is generally created to develop safe, reliable, and financially self-supporting potable water and sanitary sewage systems to meet the water and sewerage needs of the areas served by the utility; and WHEREAS, the City Commission desires to adopt a Water and Sewer Extension Policy (the "Policy"), prepared by Public Utility Management and Planning Services, Inc., attached as Exhibit "A," in order to ensure that in the long-term, reliable and economical utility service can abe provided to the users of the City's water and sewer systems; and WHEREAS, this Policy establishes the minimum utility requirements for development of water transmission and distribution facilities, and wastewater collection and transmission facilities within the area served by the City's utility system; and WHEREAS, the City Commission finds that adoption of this Policy is in the best interest and welfare of the residents and citizens of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above recitals are true and correct and are incorporated by this reference. Section 2. That the Water and Sewer Extension Policy, prepared by Public Utility Management and Planning Services, Inc., attached as Exhibit "A," is adopted. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED on February 14, 2007. PATRICIA FLURY MAYOR-COMMISSIONER AT EST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TR FO. AND CORRECTNESS: BY: `. TH MAS J. NSBRO CITY ATTORNEY 2 RESOLUTION 42007-027 Exhibit"A" Resolution #2007-027 WATER AND SEWER SERVICE EXTENSION POLICY City of Dania Beach, Florida January 2007 • TABLE OF CONTENTS Introduction 1 TITLE AND CITATION . . . . . . . . . . . . . . . . . 2 APPLICABILITY. . . . . . . . . . . . . . . . . . . . 3 FINDINGS, INTENT, PURPOSE AND RECITATIONS. . . . . . 4 DEFINITIONS. . . . . . . . . . . . . . . . . . . . . 5 WATER AND SEWER EXTENSIONS . . . . . . . . . . . . . 6 POLICIES AND STANDARDS . . . . . . . . . . . . . . 7 CONSTRUCTION APPROVALS AND DOCUMENT SUBMISSIONS..... 8 OBSERVATION OF CONSTRUCTION. . . . . . . . . . . . . 9 UTILITIES CONVEYANCE PROCEDURES. . . . . . . . . . . 2 INTRODUCTION A public utility system is generally created to: (1) develop safe, reliable, and financially self-supporting potable water and sanitary sewage systems to meet the water and sewerage needs of.the areas served by the utility; (2) ensure that existing and future utility systems are constructed, operated, and managed at the least possible cost to the users without outside subsidies; and(3) develop a system that is compatible with the area's future growth. A utility system must construct new pipelines, pump stations, and other infrastructure to accommodate growth, as well as to improve existing service or to replace infrastructure that has reached the end of its useful economic and physical life. To this end, it will always be necessary to construct, upgrade and develop safe and reliable water and sewer facilities in accordance with the latest technical and professional standards in order to protect the health, safety, and welfare of the citizens served now and in the future. In older communities, there may be existing infrastructure that is no longer economical to operate or repair because such infrastructure has deteriorated to a point where replacement is a better option than repairs. In addition, such infrastructure may no longer serve its intended purpose or meets regulatory standards. Given that many older communities have not maintained systems adequately due to funding restrictions, limitations and other factors, the future will necessarily require many such replacement projects. Prudent planning will allow coordination of efforts for repair and replacement with growth that-will continue to occur (often in older communities as redevelopment). This infrastructure can be provided via Developer construction, assessment districts, or by general utility system improvements coordinated by utility staff and the utility's consultants. The utility can control its own projects, but must establish a set of standards and procedures to assure that the projects constructed by others will meet the same standards. The basic tenets of a water and sewer extension policy are fairness, consistency in application, legal sufficiency, and the proper allocation of costs for improvements so those who receive benefits from the improvements pay their fare share for them. A properly designed policy establishes a set of standards, procedures, and policies regarding the extension of water distribution and sewer collection lines into previously unserved areas of the utility's service area, or to areas currently served inadequately for existing or proposed development. The objective of these standards and procedures is to facilitate the development of water and sanitary sewer systems, which have been designed and constructed in accordance with the latest technical and professional standards of the water and sewer industry, to meet the mandates of the utility to provide for water and sewer services to the residents of the utility's service area. The water and sewer extension policy establishes the minimum utility requirements for development of water transmission and distribution facilities, and wastewater collection and transmission facilities within the area served by the utility. To this end, the goals and objectives of a water and sewer extension policy are as follows: 3 a To developa comprehensive set of policies for dealing with water and sewer p p g extension requests; b) To develop policies for dealing with financing questions; c) To provide a basis for orderly growth; d) To assure that water and sewer extension projects meet the design and specification standards of the utility; e) : To control extensions of the current water and sewer systems for the prevention of hardships to current customers due to extensions caused by inadequate planning for future growth demands; f) To provide a wastewater treatment system that is designed to treat and dispose of sewage in a safe and sanitary means, without the contamination of the groundwater supply or the threat of health hazards in populated areas; g) To be based on the premise that the water and sewer systems should substantially pay for themselves through user fees paid by the Developers and citizens obtaining the service; and h) That the monies spent on and additions made to the system should be judiciously used to enhance the well-being of all of the residents. This water and sewer policy has been developed and tailored to meet the needs of the City. The purpose of this policy is to ensure that in the long-term, reliable and economical utility service can be provided to the users of the City's water and sewer systems. The requirements of this policy should be used in conjunction with and as a supplement to the Goals, Objectives, and Policies of the City's Comprehensive Plan, Land Development Code, and other ordinances and regulations in effect now or in the future, as amended from time to time, and as they apply to the development and subdivision of lands within City's service area. However, the administrative procedures, ordinances, policies, and technical standards contained in this document, as they apply to the extension and development of water and sewer facilities and utility service, should take precedence over those contained in the City `s Land Development Code, subject to the requirements of applicable law. To meet the goals of a properly constructed extension policy, the following issues are addressed: a) Connection requirements and approvals; 4 h improvements, regardless of whether the improvements b) Funding of the im are r v m p o e e g constructed by Developers, via assessment districts or by the City, and any pass-through costs and cost allocation methodologies inherent in them; c) Submittal.requirements for plans and specifications for the improvements, and the standards for preparation of them; d) Technical specifications, meeting minimum requirements for proper maintenance, but providing for flexibility to the utility to alter the specification based on technological advancements and maintenance records; e) Required permits and fees; f) Performance guarantees to assure that the facilities will be constructed where development is dependent upon receiving the benefit of the proposed facilities; g) Requirements for observation/inspection of the facilities by the utility system and the Developer's engineer; h) Delineation of the ownership and operation of constructed facilities; i) Limitations and requirements for acceptance of the facilities by the utility; j) Utility conveyance and acceptance procedures, including, but not limited to, the following: i. Standardized legal documents; ii. Standardized easement documents and other property conveyance documents; iii. Required inspections, testing results, and certifications; iv. As-built drawings and maintenance literature; and V. Summary of cost data. k) Coordination with the City's land development regulations; 1) Interim service arrangements where applicable; and m) Timing of each of these items in conjunction with new development, building permit issuance, and occupancy. 5 The remainder of this document includes provisions necessary to implement a carefully defined, easily understood water and sewer extension policy for the City. Approval and implementation of this program will provide staff with the guidance, tools, and support to effectively review extensions of the water and sewer system to meet the goals of the Developers, the City, and the general public. 6 WATER AND SEWER EXTENSION POLICY Section 1. TITLE AND CITATION. This policy shall be known and may be cited as the "City of Dania Beach, Florida Water and Sewer Service Extension Policy" (the "'Policy"). Section 2. APPLICABILITY. This Policy shall be applicable to development activities within the area served now or as contemplated in the future by the City of Dania Beach (the "City") where water and sewer facilities are to be constructed by a Developer or others, to be owned, operated, and maintained by the City. Section 3. FINDINGS, INTENT, PURPOSE AND RECITATIONS. 3.01. The Public Services Department of the City was created to develop safe, reliable, and financially self-supporting potable water and sanitary sewage systems, which will meet the water and sewerage needs of the developing areas served by the City. This Department will help to ensure that existing and future utility systems are constructed, operated, and managed at the least possible cost to the users and with no direct or indirect financial aid from the other governmental revenue systems within the City. In addition, this Department will develop systems requiring the most reasonable operating and maintenance costs that are compatible with the City's growth. 3.02. The purpose of this Policy is to establish and present the minimum utility requirements and standards for development of water transmission and distribution facilities and wastewater collection and transmission facilities within the area served by the City. This Policy will establish a set of procedures and policies regarding the extension of water distribution facility and sewer collection lines into previously unserved areas of the City's service area, and into areas currently served, but that are not served adequately for existing or proposed development. 3.03. The intent of these standards and procedures is to facilitate the development of water and sanitary sewer systems to meet the mandates of the City, and to provide for water and sewer services to the residents of the City's service area, which have been designed and constructed in accordance with the latest technical and professional standards of the water and sewer industry. It is necessary to construct and develop safe and reliable water and sewer facilities, in accordance with the latest technical and professional standards, in order to protect the health, safety, and welfare of those citizens currently served now and in the future by the City. 1 3.04. A set of policies regarding financing of these improvements, and the accompanying responsibility for financing and maintenance is addressed in this Policy. 3.05. The requirements of this Policy should be used in conjunction with and as a supplement to the Goals, Objectives, and Policies of the City Comprehensive Plan, Land Development Code, and other ordinances and regulations in effect now and in the future, as amended from time to time, and as they apply to the development and subdivision of lands within the City's water and sewer service areas. Section 4. DEFINITIONS 4.01. For the purpose of this Policy, unless the context clearly requires otherwise, words in the present tense include future tense and words used in the singular number include the plural and conversely, words used in the plural include the singular. References to "water and sewer" and other uses of the word "and" shall mean either or both water and sewer, or other items as may be applicable. The word "shall" is always mandatory. 4.02. For the purposes of this Policy, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "Contractor" means an individual, organization, corporation, or like entity licensed to do underground utility construction in the City's service area and the State of Florida. "Construction Documents" means construction drawings, technical specifications, hydraulic design reports, permit application, plats where required, and other supportive documents and data necessary to permit the review of proposed water and sewer system improvements. "Developer" means any individual, partnership, corporation, owner, subdivider, or any other person who or entity which, by reason of development, proposes or undertakes the construction of public water or wastewater facilities to provide service for any property or properties, area development or subdivision in which the water or wastewater facilities are to be extended from, connected to or ultimately become part of the water supply or wastewater collection system of the City. "Director" means the Director of Public Services of the City. "Easement" means, for purposes of this Policy, the right to use land granted by a Developer or other party to the City, for the purpose of operating, managing, and constructing water and wastewater facilities. "Engineer" means the registered professional engineer in the State of Florida who is also the engineer of record responsible for the preparation of plans and specifications and other related design documents for the water or wastewater 2 facilities being constructed within the area served by the City, and responsible for certifying the project upon completion. "Fee" means the non-refundable monetary compensation rendered to the City for construction document review and inspection service. Florida Department of Environmental Protection ("FDEP") is the state agency responsible for regulating environmental programs within the State of Florida. In the event the FDEP no longer is the state agency responsible for regulating environmental and utility programs within the State of Florida, references made to FDEP shall apply to any successor state agency. "Inspection" means a periodic construction site visit by a representative of the City during construction of the water and sewer improvements to insure compliance with the City approved Construction Documents, after completion of construction for preliminary acceptance prior to conveyance of the required water and sewer facilities to the City, or after the one (1) year contractual warranty period for final acceptance of the water and sewer facilities by the City. "Inspector" means a representative. of the City designated to provide periodic inspection of all water and sewerage system construction. "Lateral Sewer" means a sewer pipe which discharges into a branch or other 0 sewer and has only building sewers tributary to it, and is upstream of the customer's point of connection to the sanitary sewer, gravity, or force main. "Master Plan Development" means a tentative plan showing the proposed development of a tract of land for which development is to be carried out in one (1) or more stages. "Modification" means a revision requested by the engineer of record to Construction Documents, which have been approved by the City, when such revision necessitates an additional review and approval process. Revisions requested by the City are not included in this definition unless they are for materials or methods specified in this Policy, which are not adhered to by the engineer. "Person or Entity" means the individual, corporation, organization or the like, who or which desires to construct water and sewer system improvements who require the services of the City. "Probable Cost of Construction" means the cost estimate prepared by the engineer of record for the water and sewer system improvements submitted for review. The estimate shall contain a detailed breakdown of cost, listing items, quantities, sizes, unit cost, and total cost on an item-by-item basis. 3 "Project" means the water and sewer system improvements illustrated and described in the construction documents for the development of land in the City's service area. Public Health Unit ("PHU") is the local agency responsible for regulating water treatment and distribution programs. In the event the local PHU is no longer the local agency responsible for regulating environmental and utility programs, references made to PHU shall apply to any successor agency. "Registered professional engineer" means a person who has met the requirements of the laws of the State of Florida and is duly registered and entitled to practice as a professional engineer in the State of Florida. "Right-of-way" means an area of land dedicated by the owner of lands to the City, the State of Florida, or Broward County for general public use, including, but not limited to, transportation, utilities, stormwater, ingress and egress, and generally in conformance with the Florida Department of Transportation understanding of general public rights-of-way. Dedication of lands not for general transportation purposes, but for other uses may also qualify under this definition. "Service" means work performed by the City to review and approve water and sewer system Construction Documents and provide inspection during and after construction of such improvements. "Sewer Service Line" means a gravity sewer pipe which extends from a sewer main to a customer's point of connection at a public right-of-way. "Utilities Performance Security" means a performance bond, cash bond, or letter of credit to be furnished by the Developer to the City, 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 City, or upon completion of the utility facilities when construction occurs on private property. "Water Service Line" means a water service installation which includes: tapping saddle, corporation stop, service line and meter installation, to the property line or utility easement limit. Section 5. WATER AND SEWER EXTENSION POLICY 5.01 Current Plans and Studies (1) Official Plans and Studies 4 The size, design, and location of water and sewer system facilities, as well as any additions and extensions to such facilities, shall conform to the requirements of adopted water and sewer plans. (2) Design All water and sewer facilities to be connected to the City water and sewer system shall be constructed in conformance with the standard specifications as authorized in this Policy, which may be amended from time to time. All such extensions shall be designed by a registered professional engineer in the State of Florida, who shall certify the adequacy of the extension design and its conformance to City standards. All proposed extensions shall meet the requirements of the following documents as approved by the City: "City of Dania Beach Water, Wastewater and Stormwater Facilities Plan." 5.02 Facilities Ownership, Operation All water and sewer facilities connected or to be connected to the City system shall be dedicated to, owned by, operated, and maintained by the City in accordance with current City policies. The City shall be provided with the dedication of and title to all necessary easements, rights-of-way, releases, warranties, and property interests incidental to and necessary for the operation and maintenance of the facilities as described in this Policy, in a form acceptable to the City prior to the initiation of water and sewer service. 5.03 Connection Approvals (1) Prior to connecting to the City's water and sewer system, the connecting party shall submit an application for approval to connect. An application for approval to connect shall be granted in accordance with the provisions of this Policy and other policies of the City. (2) Connection approvals may be obtained subject to reasonable and necessary conditions. In areas of the system that have limited or marginal capacity, the City may reserve the right to limit the number of new connections or extensions if capacity problems actually arise. The City may also request, at its own discretion, that an existing system be upgraded in order to increase capacity at a connection point. (3) Connections to the City water and sewer systems shall be approved by the Director or his or her designee, and must be accompanied by payment for all necessary permit, connection, and capacity charges. 5.04 Engineering Information Any party planning or designing connections to the City's water and sewer system shall be responsible for conducting the necessary engineering investigations to determine connection feasibility, including, but not limited to, flows, pressures, connection locations, elevations, and sizes. Data obtained from working maps, plans, or studies of the City shall not be acceptable as a substitute for this responsibility or be regarded as authoritative. System data provided by the 0 City shall be regarded as official only when provided in writing by the Director or his or her designee. 5.05 Financing (1) Developer/Owner Extensions (a) All water and sewer extensions from the City system to unserved property, or to properties where service is currently inadequate, shall be constructed by and paid for by, the person desiring such service. (b) Transmission, distribution, and other water/sewer facilities will be provided by the Developer at no cost to the City pursuant to the requirements and specifications of the City. Facilities up to the point of connection shall be conveyed to the City in a form acceptable to the City. The location, size, or proposed density of a Developer's property may make service to such property dependent upon the extension of off-site water distribution and sewage collection facilities. For the purpose of this Policy, the term "off-site facilities" shall be defined as those main water transmission lines, sewage collection lines, sewage force mains, and pumping stations necessary to connect the Developer's property with facilities of the City, which are adequate in size to transmit to the Developer's property an adequate quantity of water under adequate pressure including both potable and fire flows and transmit sewage collected flows from the Developer's property to a treatment plant or other approved discharge point of the City. The physical location of such off-site facilities may be within the geographic boundaries of the Developer's property; however, such geographic location shall not change the character of such off-site facilities since they relate to major transmission and collection facilities serving major developed areas or more than one Developer's property. (c) It is the City's policy to apportion the cost of major transmission and collection lines and pumping stations pro rata among the properties receiving service from such main transmission lines located off-site as to the Developer's property. If the water and sewer facilities can reasonably be expected to serve areas other than those serving the planned development, and if the City has plans for mains and facilities that are larger than necessary to serve the planned development, the City shall require that such mains and facilities be oversized, as specified by the City, to enable service to be provided to such additional areas. The increase in size and services of mains and facilities may be accomplished as follows: (i) If the City's immediate Capital Improvement Plan calls for installation of mains and facilities, the City may enter into a Utility • Facility Reimbursement Agreement, in which the City agrees to bear the 6 increase in material costs and excavation and backfilling limits due solely to the oversizing of such main and facility, with payment to be made to the Developer/owner after acceptance of the lines. The payment to the Developer/owner shall be based on the difference in the material costs of the construction between the oversized main and facilities and those facilities which the Developer otherwise required solely for its own use. The City will use as backup data, actual material and construction invoices and certified data, that may be supplied by a Developer's engineer or developed by the City internally based on recent bid amounts. The City will determine the "cost difference" for oversizing. In the event of a disagreement, the decision of the City will be final. (ii) If the City's plans for installation of mains and facilities is projected for future years beyond an established Capital Improvement Plan, and the Director feels it is prudent to expedite the installation of the facilities based on anticipated growth projections and subsequent future demands the Director may recommend that the City enter into a Contribution Agreement with the Developer/owner to have the Developer/owner install the facilities in return for impact fee credits related to such regional facilities. (d) The City shall limit its amount of participation in over-sizing or reserve capacity charge credits, based on economical considerations and other factors, which may be considered by the City to impose an unnecessary burden on taxpayers. (e) The City may enter into agreements to design, construct, and inspect Developer/owner desired water or sewerage extensions when the Developer/owner agrees to pay all costs and submits payment in advance. (2) Extensions by Petition of Residents (Distribution and Collection Facilities) (a) Water and sewer lines may be extended upon receipt of a petition requesting such improvements. All petitions for improvements shall specify that the assessments shall be paid, including such interest charges as may be enacted by the City Commission (unless expressly dictated otherwise through action of the City). Such a petition shall be signed by not less than fifty-one percent (51%) of the property owners who would derive service from such an extension, and at the same time, own at least fifty-one percent (51%) of the linear feet of frontage property abutting the proposed improvements. (b) The City shall assess 100 percent (100%) of the full cost of the water and sewer improvements against the abutting property owners, including engineering, easement costs, permitting, and construction. The City and other governmental properties shall be assessed in the same manner as other property. The assessment cost shall be based on the cost of installation of the project. Where the 7 • size of the property exceeds the normal building lot size in a particular zoning district, the City may assess property owners on the basis of acreage, or a combination of frontage and acreage. In any event, the assessments against property owners shall be applied uniformly to all projects approved by the City Commission, in addition to any standard connection, tap, access, usage, impact, or reserve capacity charges that may now or in the future be adopted. (3) Requests of the Other Government Entities. In the event that the City permits an extension of its water and sewer lines at the request of another governmental entity, such extensions shall be at the sole expense of the party requesting the extension. Expenses are to include, but not be limited to, planning, design, engineering, permitting, and construction fees, and any and all sums required for rights-of-way and easements, and any other costs incidental to the extension. 5.06. Permits (1) It shall be unlawful to hook up any water or wastewater collection service to the City systems without first having filed an application and obtained written approval from the Director. (2) All work to be performed within the City shall be in compliance with all of the rules and regulations of the governing agencies having jurisdiction over the matter, including, but not limited to, the State of Florida, Department of Environmental Protection, the Broward County Health Department, and the Broward County Department of Environmental Protection. (3) The permit application shall be submitted by the owner of the property to be serviced by the City. (4) All, fees required shall be as set forth in the City Code of Ordinances or as otherwise provided by law, ordinance, resolution, or regulation. (5) The City utility connection permit application shall: (a) Identify the location of the property to be served and the location through which the facilities for the water distribution and wastewater collection system connection are to be situated. (b) In the case where the service facilities are to be located outside the right-of- way, the applicant shall provide a title opinion reflecting ownership of the property through which the facilities for the water distribution and wastewater collection system connection are to be located and any lienholder interests. The record title owner of such property shall provide to the City an easement over, upon and through the property for the water distribution and wastewater collection system connection upon completion and acceptance of the work by the City. The owner shall be joined in the easement by any lienholder as reflected in 8 the title opinion. The application shall be accompanied by Florida Department of Revenue form DR-219. (c) The application shall include a copy of the design of the facilities. This design shall meet the "Minimum Engineering and Construction Standards" of the City. This design shall be pre-approved by the City prior to submission of the application. 5.07 Design, installation, and inspection design. (1) To the extent practicable, all facilities shall be constructed in accordance with the City's policies in effect at the time of submission of the permit application. (2) The design for the facilities shall be prepared by a professional engineer, licensed in the State of Florida, in accordance with Chapter 471, Florida Statutes. (3) Installation and Inspections. All materials and installations covered by this section shall be inspected by the City to verify compliance with all applicable local, state, and federal guidelines, as well as the plans and specifications. (a) The City will provide periodic inspection of the facilities during construction, at the Developer'.s cost, to insure compliance with all applicable local, state, and federal guidelines plans and specifications. (b) All materials shall adhere to the adopted Broward County Design Standards and shall be approved as a shop drawing or approved material review list. (c) Upon completion of the installation of improvements, and passage of final inspection, the Director or his or her designee will recommend acceptance of the improvements to the City Commission. Prior to this recommendation, the following must be addressed: (i) Six (6) copies of as-built drawings certified by a registered professional engineer in the State of Florida must be received by the City, including a reproducible mylar of the as-built drawings and electronic copies in a format usable by the City; (ii) Fulfillment by the Contractor of all contractual obligations with the City; and (iii) Fulfillment of all obligations in accordance with City ordinances, as amended from time to time. (4) Assessments Against Residents The City may assess any property within the City limits for up to the full cost of the installation of any water distribution or sewage collection system improvements. These 9 assessments shall be levied in accordance with, and following the procedure set forth in the Florida Statutes. (5) Impact Fees Due Water System and Sewer System Impact fees shall be paid as set forth in the City Code of Ordinances. 5.08 Continuing Obligations The owner/Developer/contractor shall warrant all work to be accepted by the City for maintenance for one full calendar year after acceptance by the City Commission. This shall include all utility lines and appurtenances installed for the project. 5.09 Agreements All agreements for conveyance of water and sewer facilities, easements or other requirements of the City, as covered in this Policy, shall be entered into prior to the issuance of any building permits, and may be recorded by the City, at the expense of the Developer, in the official records of Broward County. Section 6. POLICIES AND STANDARDS 6.01 General Policy To effectively regulate the design and construction of water and sanitary sewer facilities within the area served or contemplated to be served by the City, policies and standards relevant to the review and approval of construction documents are established by this Policy. This section shall define the policies and standards which are applicable to all development activities within the service area covered by this Policy. 6.02 Submittals The submittal of construction documents and supportive materials to the City shall be in accordance with the City's policies and must be accompanied by a descriptive cover letter. The cover letter shall include, but not be limited to, the following: (1) Project name; (2) Location of project; (3) Type of utility construction proposed; (4) Estimated number of water and sewer users to be served by the proposed construction; 10 (5) Explanation of what action the City is being requested to take regarding the materials submitted; (6) List of documents attached; (7) Legal description of the property; (8) Owner's name, address, and telephone number; and (9) Owner's authorized representative's name, address, and telephone number. In should be noted, that the City 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 City, and other information pertinent to the review and approval process. 6.03 Construction Documents Review and Approval The City, as well as any other applicable agencies, shall review and provide written approval of the construction drawings, technical specifications, and supporting documents prior to the construction of water and sewer facilities for new developments or the connection to existing systems. 6.04 Utility Service: Availability Prior to the submission of Construction Documents for review and approval by the City, the Developer must obtain written verification from the Director regarding the availability of water and sewer services by the City for the proposed development. The Director will respond to. all requests and will address the present status of utility service and any restrictions which may exist regarding the availability of those services. The data provided by this response will supply the Developer with pertinent facts regarding the location and availability of the City's existing and proposed utility systems. This response shall be utilized in the planning and design of any project's utility system. If City-owned utility facilities are not currently available, the Developer shall provide interim utility service to the property. Any service provider other than the City shall be deemed an interim service provider. 6.05 Preparation of Construction Documents Construction drawings and technical specifications relating to the water and sewer facilities to be constructed shall be prepared under the supervision of and certified by a registered professional engineer licensed to practice in the State of Florida, under Chapter 471, Florida Statutes. This provision shall apply to all utility construction activities, including extensions and connections to existing systems, construction of independent systems and rehabilitative repairs 11 and modifications to existing systems. If a question arises as to the need for the services of a registered professional engineer on any specific construction activity, a written request for clarification must be submitted to the City. The request for waiver of this requirement must clearly describe the proposed activity and extent of the work to be performed. The City will review each request and respond accordingly. 6.06 Water and Sewer Permits - Other Agencies Developments or other construction activities shall require the approval of the construction documents for the proposed water and sewage facilities by the City where such developments or activities: (1) are to be served by the City's water and sewer system; and (2) require permits from the County Public Health Unit and the Florida Department of Environmental Protection(FDEP). For development or construction activities served by an interim utility system, the Developer may obtain FDEP permits through the interim utility prior to Construction Document approval by the City. However, construction commencement within such a system may not occur until the Construction Documents are reviewed and approved by the City and a pre- construction conference with the City is satisfactorily completed. 6.07 Design and Performance: Standard Manuals and Publications The technical standards, procedures, and criteria contained in the latest edition of each of the documents listed below are incorporated by reference and made a part of the utility design requirements to be governed by this Policy. The requirements of these documents are minimum requirements and nothing in this Policy shall be construed to preclude the favorable consideration of a design based on other rational criteria not covered by the referenced standards. Deviation from the established criteria may be considered only when the engineer furnishes for review and approval satisfactory evidence of the adequacy of the design. In no case shall approval be granted to any design which will result in a system or facility performance less than that which can be anticipated if the recognized and accepted standards are used. A List of Standard Manuals and Publications follows: (1) Water Pollution Control Federation, Manual of Practice No. 8, Wastewater Treatment Plant Design, W.E.F., 2626 Pennsylvania Avenue, N.W., Washington, D.C. 20037; (2) Water Pollution Control Federation, Manual of Practice No. 9, Design and Construction of Sanitary and Storm Sewers, W.E.F., 2626 Pennsylvania Avenue, N.W., Washington, D.C. 20037; (3) Great Lakes/Upper Mississippi River Board of State Sanitary Engineers, 1978 Edition. Recommended Standards for Sewage Works, Health Education Service, Inc. P.O. Box 7283, Albany, New York 12224; 12 (4) Great Lakes/Upper Mississippi River Board of State Sanitary Engineers, 1982 Edition. Recommended Standards For Water Works, Health Education Service, Inc. P.O. Box 7283, Albany, New York 12224; (5) Rules of the Florida Department of Environmental Protection, Chapter 62-600, Wastewater Facilities and Chapter 62-550, Water Suppliers; (6) American Water Works Association, Inc. Water Treatment Plant Design, AWWA, 6666 West Quincy Avenue, Denver, Colorado, 80235; (7) American Water Works Association, AWWA Standards, AWWA, 6666 West Quincy Avenue, Denver, Colorado 80235; (8) Ductile Iron Pipe Research Association, Handbook, Ductile Iron Pipe/Cast Iron Pipe, Ductile Iron Pipe Research Association, 245 Riverchase Parkway East, Birmingham, Alabama 35244; (9) Uni-Bell Plastic Pipe Association, Handbook of PVC Pipe, Uni-Bell Plastic Pipe Association, 2655 Villa Creek Drive, Suite 164, Dallas, Texas 75234; (10) American National Standards Institute, latest revision; (11) American Society for Testing and Materials, Volumes 1.02, 4.01, 4.02, 4.05, 6.02; and (12) American Water Works Association, Inc. AWWA Manual M-14, 6666 West Quincy Avenue, Denver, Colorado 80235. 6.08 City Supplements to Standards of Design In addition to the design and construction standards and procedures contained in the manuals and publications listed in subsection 6.07 above, the Director is authorized to adopt supplemental design and construction standards and details to meet the specific needs of the City. 6.09 Compliance Agreements The City requires certain assurances that the water and sewer facilities to be constructed and dedicated to the City shall meet the standards specified by the City for construction. Development of property which is not associated with planning and zoning reviews is not reviewed for comment by the City prior to submission of Construction Documents for review and approval. Therefore, projects of that nature will be deemed to have not committed to abide by the policies, procedures, and standards for construction and dedication required by the City. Therefore, any Developer not legally bound to comply with the City's standards through approved rezoning, PUD or site development plans, shall be required to enter into a binding legal agreement with the City at the time a site development plan, subdivision master plan or other applicable development approval request is submitted to the City. 13 6.10 Utility Leases Water and sewer facilities that are constructed for a development and dedicated to the City, which cannot be connected to the City owned and operated water and sewer system at the time of dedication, will be leased to the owner of the water or sewage treatment facilities providing interim utility service to the development pursuant to applicable City policies. This leasing arrangement shall be considered as an interim measure until the City is in a position to provide water and sewer service to the development. The lease will contain the terms and conditions describing the mutual responsibilities of the lessee and lessor regarding the operation and maintenance of the water and sewerage facilities covered under the lease. Where the City deems it necessary to lease the water and sewer facilities, the terms and conditions of the lease shall be agreed to by all parties prior to the approval of construction of the proposed facilities. The.conveyance and subsequent lease-back of water and sewage treatment facilities by the City shall be determined on a case-by-case basis. At no time will the City undertake to operate and maintain any interim treatment facility. The legally executed lease agreement shall be a part of the documents to be approved and accepted by the City at the time that the water and sewerage facilities are conveyed to the City. 6.11 Utilities Conveyance and Acceptance The conveyance for ownership of water and sewer facilities to the City involves a legal transfer of property from the Developer to the City. This transfer of ownership shall be made consistent with the requirements of law as set forth in ordinances, policies and resolutions, as may exist both now and in the future, or related amendments or successor ordinance(s) or resolutions. Upon completion of the City's review and approval of the Construction Documents, the Developer will be provided with a checklist of the conveyance documents required for submission at time the constructed facilities are dedicated to the City. (1) Water Line Acceptance The City shall own and maintain all water lines four inches (4") and greater in diameter, up to and including the water meter. Smaller water lines will not be accepted or permitted beyond the date of adoption of this Policy. All such water lines shall be constructed in dedicated rights-of-way or appropriate utility easements dedicated to the City. (2) Gravity Sewer Line Acceptance In developments where streets, roads, drives, etc. are to remain in private ownership, and where internal sanitary sewer pipeline systems terminate in a condition where it is evident that such systems will not be extended to serve any other adjacent and separate development, the ownership, operation, and maintenance of those systems may remain private. Conversely, the City will accept for ownership, operation, and maintenance any such system in platted rights-of- way or any segment of such system intended to be extended to serve other developments when 14 such system is constructed in an appropriately dedicated easement. All lines accepted must meet minimum requirements of this Policy and be at least eight inches (8") in diameter. This Policy specifically excludes lateral sewer lines. (3) Lift Station and Force Main Acceptance The City shall accept for ownership, operation, and maintenance all sanitary sewer lift stations and associated force mains so long as it is confirmed in writing by the grantor that the lift station and force main may be utilized for current and future joint use by adjacent and separate developments and provided that such systems are constructed in appropriately dedicated easements to the standards set forth by the Director. (4) Consent to Use Easements Plantings, parking, and other uses that are within a City easement are considered to be inconsistent uses that affect the City's ability to install and maintain its facilities. Therefore, a Consent to Use Easement Agreement shall be required if such usage is desired by a Developer or other property owner. The City is not, however, under any obligation to allow such usage by a Developer or other person. 6.12 City Inspections The City shall inspect the facilities being constructed for conveyance. Inspection will occur during construction, prior to conveyance, and at the end of the one (1) year warranty period after conveyance of the water and sewerage facilities. The number and frequency of inspections performed will be directly related to the type and size of the utilities being constructed. Inspections shall be classified as construction related, preliminary, and final. Construction-related inspections shall include, but are not limited to, the following: (1) Hot taps to water and sewer facilities; (2) Master meter and bypass piping; (3) Jack and bore casings; (4) Pressure tests; (5) Infiltration/exfiltration tests; (6) Lift station installation, prior to cover-up and start-up; (7) Lift station start-up; (8) Lamping of sewer lines; 15 (9) Flushing of sewer lines, force mains and water mains; (10) Television video taping of sewer lines, at the end of both construction and the warranty period; (11) Fire hydrant thrust blocks; (12) Conflict construction; (13) Connections to existing water and sewer facilities; (14) Casing installations; and (15) Other special requirements as specified by the City at the time of construction document approval. Upon approval of the plans and specifications for construction, the City will provide to the Developer at the pre-construction meeting a list of the number, interval, and types of inspections it will make during the construction of the facilities and which inspections will be the obligation of the engineer of record. Preliminary and final inspections will be required for all utility facilities constructed pursuant to this Policy. Preliminary inspections shall take place prior to approval of the record drawings and the conveyance of the facilities to the City. Final inspections shall be made prior to the end of the one (1) year warranty period. All deficiencies identified during final inspection must be resolved to the satisfaction of the Director prior to the release of the project's Maintenance Bond. A complete explanation of the requirements for preliminary and final inspections can be found in Section 9 of this Policy. 6.13 Building permits - Connection Fees and Charges The City shall not approve the issuance of a building permit for any development until the utility construction documents and associated plat or waiver of plat have been reviewed and approved and all appropriate water and sewer system reserve capacity charges and connection fees have been paid. The Developer shall be responsible for coordinating its activities with the City, to ensure that all the necessary utility construction documents are submitted for review and approval. Temporary sales facilities shall be exempt from the requirement of utility construction document approval prior to building permit approval, unless 'specific conditions preclude such exemption. A certificate of occupancy shall not be issued for any structure prior to preliminary acceptance of all water and sewer facilities required by this Policy. 16 6.14 Construction Observation All water and sewerage facilities to be constructed must have their installation observed and certified by the engineer of record, who must be a registered professional engineer licensed to practice in the State of Florida. The nature and extent of the construction observation is provided in detail in Section 8 of this Policy. Section 7. CONSTRUC'TION APPROVAL AND DOCUMENT SUBMISSIONS 7.01 General The standards presented in this Policy are considered to be the minimum acceptable requirements for construction documents submitted for review to the City and are not meant to preclude the City from requesting additional data, details, or other supplemental documentation as may be deemed necessary. This section pertains to the document requirements for the following: (1) Water and sewer facilities for proposed new developments connected or to be connected to existing water and sewerage systems; and (2) Water and sewer facilities for proposed new developments to be served by interim water and sewage treatment plants. 7.02 Construction Documents (1) Plans, Specifications, and Cost Estimate The engineer shall furnish to the Director five (5) complete sets of the construction drawings and two (2) sets of the technical specifications for review. The construction drawings shall be prepared on standard size 24" x 36" sheets. The technical specifications shall be typewritten on 8-1/2" x II" sheets and bound in an acceptable manner. Included with the technical specifications shall be an estimate of probable construction cost, prepared by the project engineer, which contains a summary of quantities and estimate of installed cost for the water and sewer facilities proposed for construction. The cost estimate shall be prepared by the engineer and submitted in itemized form to include the cost of all required improvements or the contract bid price for all work necessary to complete the required improvements. The incorporation of technical specifications into the construction drawings in lieu of a separate set of written specifications as described above shall not be acceptable, unless written waiver is granted by the City. The construction documents shall be submitted to the City for review and approval prior to the commencement of any construction. The drawings shall include, but are not limited to: 16 (a) Cover sheet with location map; 17 (b) Site utility Master Plan, indicating the overall site development and all proposed utility improvements, with references to the appropriate plan and profile sheets. If phasing of the project is proposed, phases must be indicated on this drawing. For proposed points of connection to existing water and sewerage facilities, the site utility plan must indicate the method and materials to be used. Actual location of existing sewer mains or laterals and water lines stubs must be shown; (c) Identification of individual lots for subdivisions, buildings and structures for condominiums, multi-family projects, etc.; (d) For all projects, except single family subdivisions, the proposed meter size and location to service each structure shall be illustrated; (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. Such a determination shall be made on a case-by-case basis by the City. The easements required to be shown shall be clearly labeled, showing the width and limits. The size and extent of the easements shall be mutually agreed to by the Developer and the City on a case-by-case basis (see Section 7.07). Existing easements shall be referenced by Official Records Book and Page number or by Plat Book and Page number as recorded in the official records of Broward County; (f) Plan and profile sheets shall indicate the horizontal and vertical locations for all water and sewer improvements, including all appurtenances as well as other proposed or existing facilities and 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 a standard plan and profile forms. Without exception, profiles must be positioned on the sheet directly below the plan section they are illustrating; (g) Water and sewer standard details. Pavement restoration, backfill standards, compaction requirements, etc., regarding work within the public rights-of-way shall be governed by the rules and regulations established by the Florida Department of Transportation. The City may develop standard details involving these items to reflect the requirements of same. Such standard utility system details shall be required for all construction projects; (h) Complete lift station drawings, specifications as required, and details including shop drawings, when necessary, shall be submitted. A special site plan of the lift station and appurtenances must be provided. It shall contain specific details on the configuration of the station, location of appurtenances, such as electric service and transformers, guard posts, control panels; 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) Hydraulic design reports covering the water transmission and distribution and sewage collection and transmission systems to serve the project are to be performed by the engineer and submitted for review and approval with the construction documents. 18 Computations for the water systems are to define flow conditions at all mains in the system including fire flow requirements. Sewer computations are to define flows in sewer mains and calculations on lift stations and force mains. The reports shall list all design assumptions, demand rates, and other factors pertinent to the system under consideration; (j) Internal water distribution systems shall be designed to eliminate dead end mains through the looping of the distribution system. Each system shall be designed to provide stubs for future system interconnection with adjacent properties. All such stubs shall be terminated with a fire hydrant for flushing purposes. The location of such stubs shall be mutually agreed to by the City and the Developer during the design process. Interconnection to existing stubs by a project will be mandatory; and (k) Fire hydrant branches (from main to hydrant) will be not less than six (6) inches in diameter and as short as possible with a maximum of 30 feet. Each branch will be individually gate valved. On pre-stressed concrete mains where the installation of fire hydrants is not required immediately, the necessary fitting for the future installation of fire hydrants shall be provided. (2) Sewer Connections When connection to a central sanitary sewer system other than those operated and maintained by the City is proposed, the following items shall be submitted to the City for review and approval: (a) Plans: (i) Site plan, including point of connection to sewer system; and (ii) Floor plans showing bathrooms and other fixtures connected to the sewer system. (b) Letters from agency or owner operating the sewage treatment facility stating: (i) Name, location, and authority (municipality, franchise, etc.) of plant to serve proposed structure; (ii) Design capacity of plant; (iii) Amount of capacity committed or reserved for existing and other proposed structures and developments; (iv) A binding statement or agreement stating that adequate treatment capacity is available and is reserved for the proposed structure, structures or development; 19 (v) If connection is to an on-site treatment facility, then the owner and operator of the plant must provide a copy of the FDEP construction or operating permit; (vi) The average daily flows during the last 30 days; (vii) The average daily flows during the last 12 months; (viii) The maximum daily flow during the last 30 days; and (ix) The maximum daily flow during the last 12 months. In addition, the Building Permit number(s) for the proposed construction shall be furnished for identification purposes. All such connections will be considered interim. 7.03 Permits (1) All proposed water and sewer construction which will connect to treatment and distribution facilities operated by the City shall have the appropriate PHU/FDEP construction permit application(s) approved by the Director. Such construction permit approval will occur only after the drawings and specifications prove satisfactory to the City. The application forms must be completed and executed by the applicant or his or her agent and the engineer of record, prior to submission. Information from the City shall be checked and filled in and completed by the Developer unless directed to do otherwise by the City. When the water and sewer facilities are not being connected to the City system, a copy of the approved PHU and FDEP construction permit(s) shall be submitted to the City upon issuance. Copies of permits issued for connection to the City system shall also be submitted to the City upon issuance. (2) Right-of-Way Permits - Construction that will take place within dedicated public rights-of-way may require an approved permit from the appropriate underlying agency. A copy of the approved permit must be submitted to the City prior to conducting the pre-construction conference for the project. When utility construction occurs within the rights-of-way of the State of Florida, a Florida Department of Transportation (FDOT) Utility Permit must be obtained. For utility facilities which will ultimately be owned by the City, the FDOT Utility Permit form must be executed by the City. Procedures for permit application submission and support documentation required to enable the City to execute the FDOT Utility Permit will be determined on a project-by-project basis and coordinated with the Developer or Developer's engineer. Final approval of construction documents for a project requiring a FDOT Utility Permit will not be granted until the Utility Permit has been issued and a copy,submitted to the City. When companion County permit applications must be obtained, they will be released for processing prior to final FDOT permit approval, provided the Construction Documents are found to be satisfactory. 20 • 7.04 Engineer's Report The engineer of record shall furnish with the Construction Documents a brief, concise report that summarizes the proposed construction. The report shall address the connections to be served, phases of construction, design assumptions, estimated flows and demands, estimated construction costs, and any other data relevant to the proposed construction. When a specific project involves the construction of on-site water or wastewater treatment facilities, the engineer shall provide the City with a copy of the engineer's report required by and submitted to the Florida Department of Environmental Protection. This submission is for informational purposes only. Treatment facility design will not be addressed by the review and approval process of the City. 7.05 Plats A copy of the proposed plat for a new subdivision which contains water and sewer facilities shall be submitted with the construction drawings to the City for review and approval. All utility easements required for the water and sewer facilities shall be shown on the plat, if possible. Further, the dedication block on the cover sheet shall contain statements for the following: (1) That all utility easements for water and sewer facilities and ingress and egress rights, where appropriate, are provided to the City to install, operate, and maintain water and sewer utility facilities within the platted area. This shall be provided in substantially the following form: The water and sewer easements as shown on the attached plat are dedicated to the perpetual use of the City to install, operate, and maintain water and sewer facilities within the [platted area], and an easement is dedicated to the City for ingress and egress over the [platted area] for the installation, maintenance and operation of same. [The platted area should be specifically described in each instance to allow for easy identification of the two separate easements granted]; and (2) Applicable water and sewer facilities constructed within this platted area shall be conveyed to the City upon acceptance of the improvements required by the Plat. The conveyance of the structures shall be done by a bill of sale or other acceptable transfer document in the sole discretion of the City. If a plat is not required for a specific project, the engineer shall provide documentation confirming that fact so that the City can determine the extent of utility easements that must be provided. 7.06 Lift Station Hydraulic Analysis Projects utilizing sewage lift stations to transport sewage internally within a project or for transfer to an off-site force main system shall have a hydraulic design analysis prepared and submitted with the construction documents. This analysis must be incorporated into the 21 hydraulic design report mentioned in this Policy. This analysis shall include, but is not limited to, the following: (1) Design flows and peaking factors; (2) Pertinent design assumptions; (3) Wet well sizing/storage capacity; (4) Pump cycling analysis; (5) Buoyancy computations; (6) System head curves for pumps selected; (7) Head-capacity curves and associated computations and assumptions, when tying into a manifold force main system; and (8) Station pump capacity and storage requirements necessary to accommodate re- pumping wastewater from other phases of the project. Upon the written request of the engineer of record, the City will provide data available to the City on the existing sewer systems owned and operated by the City. When connecting to a manifold system, the Developer shall be responsible for all costs of the connection, including upgrades or modifications to pumping systems at other lift stations, which manifold into the same force main. 7.07 Utility Easements When a project requires the placement of utilities to be accepted by the City on private property, all proposed easements which are to be granted to the City must be identified on the site plan, with dimensional ties to the property's boundary. Utility easement documents shall be submitted with the Construction Documents when the construction will be limited to master meter installations which will not require conveyance of utility facilities to the City. These documents shall be submitted in draft form for review and approval prior to submission of the original executed easement. Projects which incorporate complete sewage collection and transmission facilities and water distribution facilities will not be required to submit the utility easement documents until the facilities are ready for conveyance to the City. At no time should utility easement documents be recorded by the Developer or owner and then transmitted to the City for approval. Any previously recorded document will be returned as unacceptable. Recordation of utility easements will be made by the City, at the Developer's expense, after receiving approval of the Director. 22 Easement documents shall be submitted and approved, prior to acceptance of the utility facilities and commencement of service. All utility easements shall be for the exclusive use of the City. Any other use of these easements including, but not limited to, paved parking, landscaping, or drainage shall not be allowed without the formal recording of a "Consent To Use Easement Area" agreement properly executed by the owner and the City. The minimum width of water line easements shall be fifteen (15) feet. The minimum width of gravity sewer easements shall be twice the depth of the line plus three (3) feet or fifteen (15) feet, whichever is greater. The minimum width of force main or effluent line easements shall be fifteen (15) feet. Lift station easements shall be twice the depth of the lift station, or 30 feet by 30 feet, whichever is greater. 7.08 Architectural Plans When the proposed development consists of multi-family, multi-story or unit commercial, institutional or industry-type construction, one (1) set of the architectural drawings shall be submitted to the Director. The floor plans shall accurately detail the plumbing fixtures for all floors to be constructed, detail the layout of each unit, and identify the units per building number, letter, etc. To provide the City with information on the number and types of units proposed for construction, and to allow for the computation of reserve capacity fees, the following architectural and site plan drawings must be submitted to the City for review: (1) A site plan showing proposed structures and identifying numbers, etc. and number of units per structure. In addition, the location of the sewer lateral(s) available to serve the property must be shown accurately on the site plan; (2) Floor plans of units showing bathrooms, kitchens, laundry rooms, public toilets, outside showers, cabanas, swimming pools, etc.; (3) Plumbing schematics for the buildings showing connections to the sewer and water systems; (4) A site utility plan illustrating points of connection to existing or proposed water and sewer systems to serve the project and location and size of water meters and fire service connections; and (5) Plumbing schematics illustrating the location and size of all grease traps and floor drains in commercial structures which process food and shop drawings of the grease trap units proposed to be utilized. Grease traps must be designed in conformance with applicable codes and standard engineering practice. 0 23 7.09 Final Construction Documents Upon completion of the review process by the City, and prior to issuance of the building permit for project construction by the City, the engineer shall submit five (5) final sets of construction drawings and technical specifications for the City's use. These sets of construction documents shall bear the original signature and seal of the engineer of record. 7.10 Review and Inspection Fees The City has determined that revenues generated from the users of the City's water and sewer facilities should not be the sole source utilized to fund the cost incurred by the City for construction document processing, and inspection services for projects to be constructed in the City's service area. The costs incurred by the City for these services shall be paid by the person or entity requiring the service. The City Commission has established and adopted, by Resolution, a schedule of fees and charges for construction document processing, inspection services, and sales of copies of this Policy. A Construction Document Review fee shall be submitted with the construction documents submission specified in section 7.02 of this Policy. A Construction Document Review Resubmission fee shall be required if the City must review a set of contract documents more than two (2) times (the two (2) reviews consist of the initial review and one resubmission). The resubmission fee shall be submitted at the time a third review submission is made. A Construction Inspection fee shall be submitted with the final construction documents submission specified in section 7.09 of this Policy. The Construction Document Modification fee shall be submitted upon written request of the City prior to final approval of the modifications requested. The Developer shall be responsible for the payment of all fees identified above. 7.11 Utilities Performance Security All Developers shall be required to furnish performance security, to be submitted with the final Construction Documents and approved by the City Attorney prior to commencement of utility construction, in an amount equal to one hundred ten percent (110%) of the engineer's Probable Cost of Construction of Water and Sewer Facilities. This performance security shall be in effect for the duration of the warranty period. For completion of facilities constructed on private, unsubdivided property, a one hundred percent (100%) performance security must be provided to the City 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. Whenever a bid price is utilized, a copy of the accepted bidder's proposal form must be submitted with the performance security. The performance security shall be held by the City and shall secure and cover the performance of the Developer in constructing and maintaining the subject water and sewer improvements. The performance security must be in a form approved by the City. Performance security will not be required for the construction phase of a project, provided development is occurring on private, 24 unsubdivided property; or if performance security has been previously provided to the City under the requirements of another section of this Policy. However, performance security shall be required on all projects during the guarantee or warranty period as described in this Policy. The types of performance security acceptable under this Policy shall be a performance bond, escrow agreement, cash bond (not to exceed $5,000.00) or an irrevocable letter of credit. No other form of security will be accepted, unless a waiver of the requirements in this Policy is granted by the City Commission. All surety companies associated with a performance bond shall hold a current Certificate of Authority, as issued by the United States Treasury Department. Each attorney-in-fact who signs a performance bond must file with the bond a certified copy of his/her power of attorney certificate. The bond must either be signed or countersigned by the Developer's registered agent in the State of Florida. The surety shall be directly responsible to the City, 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 City Attorney. The City shall be entitled to draw on the letter of credit: (1) if the Developer has failed to construct or maintain the subject water and sewer improvements; or (2) if the letter of credit is scheduled to expire prior to final inspection, as described in section 9.03 of this Policy, and within three (3) business days prior to the date of expiration, alternative performance security has not been provided and accepted in accordance with this Policy. Prior to release of any performance security, a final inspection of the subject water and sewer facilities shall be conducted. All construction and maintenance obligations covered by any performance security shall be guaranteed and maintained by the Developer until completion of a satisfactory final inspection as described in section 9.03 below. Whenever practicable, the engineer of record shall notify the City, in writing, approximately thirty (30) days prior to the completion of the one-year period after facilities' acceptance by the City to schedule the final inspection. The final inspection shall be conducted by the representatives of the City, the engineer, the contractor, and the Developer. The performance security shall remain at all times in full force and effect until the City provides written notification that the final inspection has been satisfactorily completed. Upon such written notification, the City shall return and release the performance security to the engineer or the Developer's registered agent. Section 8. OBSERVATION OF CONSTRUCTION 8.01 General The installation of all water and sewer facilities and connections to the existing utility facilities within the City service area shall be observed by qualified professional and technical personnel. Construction observation is required to ensure that the facilities accepted by the City 0 have been installed according to the requirements of the construction drawings and technical 25 specifications. Construction observation is further necessary to ensure that..the City will be receiving utility facilities which shall require minimum expenditures for operation and maintenance. 8.02 Observation of Construction - Requirements All water and sewer construction to be performed shall have on-site construction observation by a registered professional engineer licensed to practice in the State of Florida or a designated technical representative under the engineer's direction. Construction observation shall be in conformance with Florida regulations. The engineer certifying completion of a new sewage collection/transmission system or water distribution system or modification of an existing system, shall make a certification based upon on-site observation of construction (scheduled and conducted by the engineer or by a project representative under his or her direct supervision) for the purpose of determining if the work proceeded in compliance with plans and specifications. By certifying construction compliance with the construction documents approved by the City, the engineer is verifying to the City that the water and sewer facilities have been constructed in compliance with the record drawings required for submission by this Policy. Any discrepancies between the data submitted on the record drawings and the actual constructed water and sewer facilities, which are documented by the City during the preliminary inspection, shall be resolved to the satisfaction of the City before the facilities can be conveyed to the City and placed into service. 8.03 Construction Scheduling Upon approval by the City of the project Construction Documents and prior to the commencement of construction, a pre-construction meeting shall be conducted. The pre- construction meeting shall be attended by representatives of the City, the engineer, the contractor and the Developer. At the pre-construction meeting, a schedule of construction shall be provided to the City representatives. At least 48 hours' written notice shall be provided to the City for scheduling the pre-construction meeting with the City. Should any utilities construction commence on a project prior to the pre-construction meeting being held, the City shall have the right to require partial or full exposure of all completed work for verification that it was installed in accordance with the approved Construction Documents. All water and sewer facilities construction in roadway areas, including pressure testing and sewer lamping, shall be completed in accordance with the approved plans and specifications prior to proceeding with the stabilization of the roadway subgrade. Installation of improvements which would complicate corrective work on the water and sewer facilities shall be considered in scheduling all adjoining or related phases of the construction. The City shall be notified within 24 hours, with written follow-up, of any problems and conflicts with the construction improvements as they affect the completion of the proposed facilities in full compliance with the approved plans and specifications. Failure to comply with this regulation will constitute just cause for the issuance of a stop work order by the City, and the uncovering for visual inspection and direct access of the work involved. 26 All segments of the underground facilities shall be completed, tested, and found to be in conformance with the approved Construction Documents prior to the installation of pavement. A letter from the engineer shall be submitted to the City certifying that the lamping of the sanitary sewage collection system, pressure testing, and televising of sewage transmission and water distribution systems has been completed prior to installation of pavement and conflict construction within the project. Any damage caused by the reinstallation of pavement or any other surface improvements shall be corrected by the Developer at his or her expense. 8.04 Construction Inspections by City Upon issuance of construction document approval by the City, the engineer will be provided with a list of standard inspections which require the presence of a City inspector. Notification on inspections shall be contained in the City's approval letter for the project. Based on the scheduling and progress of construction, the engineer or contractor shall be responsible to notify the City prior to the time these inspections are required. Notification shall be in writing and provide at least 96 hours lead-time from receipt of notification to allow scheduling of an inspector. Verbal confirmation of inspection time or a request for rescheduling will be made by the City for each notification made. From time to time, the City will inspect the progress of construction. Should special inspections be required by the City, they will be coordinated through the engineer to ensure that the engineer or his or her designee will be available on-site during the inspection. Routine City inspections will be carried out without notice on all water and sewer construction, to ensure compliance with the approved construction documents. During the on- site inspection process, should the City inspector find construction in progress which does not comply with the procedures and policies contained in this Policy and the approved construction documents, the City inspector shall have the full authority to issue a stop work order, after consultation with and approval by the Director. If a stop work order is issued, it shall remain in full effect, with respect to the applicable work, until such time as the documented discrepancies have been corrected to the full satisfaction of the inspector. 8.05 Design Modification Any deviations from the approved construction drawings are to be cleared through the engineer of record and approved by the City. Initial contact with the City shall be made as soon as possible after discovery of the need for the deviation. If necessary, a detailed description of the proposed deviations or requested design modifications, the reasons for the deviations or modifications and revised construction drawings must be submitted to the City for approval. Written approval, when specifically required by the City, for the deviations or modifications must be issued by the City before construction of those items may commence. The Construction Document Modification fee addressed in section 7.10 must be submitted, upon written notification by the City of the amount due, prior to the approval of the modifications by the City. 27 Section 9. UTILITIES CONVEYANCE PROCEDURES 9.01 Policies Governing Utilities Conveyance This section has been established to set the standards for conveyance of utility facilities. This section shall be enforced for all utility facilities to be accepted by the City for ownership, operation, and maintenance lying within the City's service area. 9.02 General Water and sewer facilities constructed under the policies, procedures, and guidelines established in this Policy shall be conveyed to the City. The Developer shall execute a conveyance agreement in a form that is acceptable to the City Attorney, which details the timing of all conveyances. Such agreement shall be approved by the City Commission prior to issuance of a building permit. The remainder of this section describes the policies, procedures, and data required to obtain approval and acceptance of utility facilities to be constructed. 9.03 Inspection The City requires a preliminary and final inspection of all utility facilities constructed. A preliminary inspection of the completed facilities is required prior to acceptance of the facilities by the City. During this inspection, the utilities will be checked for compliance with the approved Construction Drawings. In addition, revisions or deviations from the approved construction drawings shall be identified and explained in writing by the engineer of record. All facilities must be in full compliance with the approved record drawings prior to submission of the project to the City. The final inspection shall be conducted no earlier than (1) year after acceptance of the utility facilities by the City. During this inspection, the facilities will be examined for any defect in materials and workmanship and for physical and operational compliance with the approved record drawings. The performance security submitted by the Developer shall remain in effect until the final inspection has been satisfactorily completed and the Developer is so notified in writing. 9.04 Legal Docum ents All legal documents, including, but not limited to, deeds, bills of sale, affidavits, easements, sewer and water facilities agreements, sewer and water facilities leases, subordinations by lienholders or mortgages, irrevocable standby letters of credit, and performance securities, shall be in forms acceptable to the City Attorney. (1) Required Supporting Title Information At Time Of Acceptance: At the time legal documentation for the conveyance of utility facilities is submitted for approval and acceptance by the City, the Developer shall, at no expense to the City, provide a sworn statement from a licensed attorney authorized to practice law in the State of Florida, as an inducement to the City to accept the subject utility facilities and easements. The statement must 28 . be signed and dated no more than sixty (60) days prior to submittal of the legal documentation and must contain the following: (a) A reference to the utility facilities to be conveyed; a legal description of the lands in or upon which the subject utilities are located; and if applicable, a legal description of any lands over or through which a utility easement is being granted to the City; (b) A statement that the affiant is a licensed attorney authorized to practice law in the State of Florida; (c) A statement that the affiant has examined the title to both the real and personal property referenced in the statement, including, but not limited to, information obtained from the Florida Secretary of State relative to UCC-1 Financing Statements; (d) A statement identifying the exact name of the person or entity who or which is the record owner of the real and personal property described in the affidavit. The affiant shall specifically identify the instrument of conveyance, citing the Official Records Book and Page Number, where the record owner obtained title to the subject real property. The affiant shall incorporate by reference and attach a copy of the instrument of conveyance to the affidavit. If the record owner is an individual, the affiant must state the marital status represented to the affiant by the individual and, if married, state whether or not the individual has represented the subject real property as homestead property. If the record owner is an entity, the affiant must indicate that he or she has examined the corporate, partnership, or other applicable entity information obtained from the state or jurisdiction under which the entity was created and presently operates, that the entity is current and active within that state or jurisdiction, that the entity is currently able to do business in the State of Florida, and identify the exact name and title of the persons authorized to execute instruments on behalf of the entity in conjunction with the conveyance of the subject real and personal property. If the record owner is a trustee, the affiant must state that the trustee has full power and authority to execute the subject instruments of conveyance and, if applicable, incorporate by reference and attach supporting documentation; (e) A statement as to whether the subject real and personal property is encumbered of record, or is the subject of any financing statements filed in the Official Records of Broward County, or the Office of the Secretary of State. If applicable, the affiant shall specifically describe each lien encumbrance or financing statement, citing appropriate recording information, and the affiant shall attach and incorporate by reference a copy of each lien, encumbrance, or financing statement; and M A statement that the information contained in the affidavit is true, correct, and current to within thirty (30) days of the date the affidavit is signed and that 29 the affidavit is given as an inducement to the City to accept the subject utility facilities and easements. (2) Final Title Report Required Prior to Final Inspection. Within sixty (60) days of recordation of utility facility documentation accepted by the City in the public records of Broward County, the Developer shall, at no expense to the City, provide a sworn statement from a licensed attorney authorized to practice law in the State of Florida as an inducement to the City to conduct the final inspection as required by this Policy. Such statement must indicate that clear and unencumbered record title to the subject utility facilities and appurtenant utility easement interests described in the recorded documentation is vested in the City Commission, and must contain the following: (a) A reference to the utility facilities conveyed together with attached copies of any recorded instruments evidencing conveyance or grant of the subject utility facilities or easements; a description of the lands in or upon which the subject facilities are located; if applicable, a description of any lands over or through which a utility easement was granted to the City; (b) A statement that the affiant is a licensed attorney authorized to practice law in the State of Florida; (c) A statement that the affiant has examined the title to both the real and personal property referenced in the statement, including, but not limited to, information obtained from the Florida Secretary of State relative to UCC-1 Financing Statements; (d) A statement that the interest of the City in the subject utility facilities and appurtenant utility easement interests is not encumbered of record, nor is it the subject of any financing statements filed in the official records of Broward County, or the Office of the Secretary of State; (e) A statement that the information contained in the affidavit is true, correct, and current through the last date of recordation of the documents conveying or granting the subject utility facilities and appurtenant easement interests and that the affidavit is given as an inducement to conduct the final inspection required by this section. (3) The final inspection as required by this section shall not be complete until such time as a satisfactory final report as identified in this Policy is provided to the City. 9.05 Record D rawings The record drawings submitted by the engineer shall correctly describe the constructed configuration of the utility facilities being conveyed. All revisions or changes to the originally 30 approved Construction Drawings shall be identified and illustrated on the record drawings. The following items shall be accurately depicted on the record drawings: (1) Sewer System inverts, pipe slopes, manhole rim elevations, and run lengths. A negative ten percent (-10%) sewer slope deviation from design slope is considered a substantial deviation and will not be accepted; (2) Sewer lateral locations stationed from the nearest downstream manhole; (3) Sewer main stub extension inverts at both ends, pipe slope, run length, and location; (4) Tie-ins and stationing location to all gate valves, air release assemblies, fire hydrants, manholes, blow-offs, or other appurtenances; (5) Location and dimensional ties to lift station electrical services and transformers; and (6) All record drawings of utility systems that are not being conveyed to the City for ownership, operation, and maintenance shall bear a prominently displayed disclaimer, in bold lettering at least 1/4 inch high, stating: "The on-site sanitary sewer (or water) facilities are to be owned and maintained by the project Developer or its successors in interest, such as the master condominium or homeowners'association." When water or sewer facilities are being conveyed, five (5) sets of record drawings for the facilities constructed shall be submitted, along with one set of reproducible mylar originals. All record drawings must be labeled as such on each sheet, indicating which entity provided the record data, and signed and sealed by the engineer of record. 9.06 Bacterial Analysis Bacterial analyses pursuant to the requirements of the BCPHU regulations are required for all potable water transmission and distribution facilities constructed. Bacteriological samples for new water facilities construction shall be performed during or prior to acceptance of the facilities by the City. In no case shall such tests occur more than 15 days prior to acceptance. All such analyses shall be conducted at no cost to the City. Water facilities shall be considered for acceptance by the City prior to BCPHU final approval of the water facilities. However, meter installations and the Certificates of Occupancy will not be processed until satisfactory bacterial test results are submitted and the BCPHU placement in service approval is received. To insure that samples collected meet the submission time constraints, sampling should be done as close as possible to the date of the utilities conveyance. The Developer shall be responsible for coordinating all aspects for the submission of all necessary test results and State approvals for placement in service of the water facilities. 31 9.07 Final Costs The Developer or engineer of record shall submit a detailed schedule of the materials utilized for the utility construction. This schedule shall include the type of items, quantities utilized, unit cost (materials plus installation), and total cost for each individual item utilized in the water and sewer facilities constructed. The total cost of all items utilized for the water and sewer facilities shall be clearly shown on the schedule. 9.08 Test Results All test data (i.e., pressure, inflow and infiltration, fire flow capacity, etc.), required for submission with the conveyance documents shall be certified by an engineer licensed to practice in the State of Florida. Certification shall bear the raised seal and original signature of the engineer. Each certification shall contain computations illustrating the allowable limits for each test based on current accepted test standards and the actual field test data obtained. Leakage within water systems and sewage force main systems shall comply with AWWA Standards. Sewer system infiltration/exfiltration data shall conform to a standard of 50 gallons/inch of diameter/mile/day for all types of pipe. 9.09 Lift Station Manuals and Tools Operation and maintenance manuals and the manufacturer's recommended spare parts lists shall be provided for all electrical and mechanical equipment associated with water and sewage transfer or regulating systems. The City shall be supplied with two (2) sets of the above manuals. Such manuals shall be turned over to the Director at the time of submission of the conveyance documents. The manuals shall also contain a copy of the manufacturer's start-up report for each facility. Included with these items shall be a written verification from the electrical contractor for the lift station verifying the wire type and sizing for the electric service and verifying that the voltage drop across the service under full load startup will not exceed five percent (5%) of the power company's line voltage at the transformer supplying the station. All tools, such as access cover lock handles, valve wrenches, keys or panel locks, required for the ready access and use of the facilities shall also be submitted with the documents. 9.10 Recordation Fees The Developer of a project will be responsible for the payment of all recordation fees associated with the utility conveyance procedures. The City shall invoice and the Developer shall remit the total amount of the recording fees associated with recording the conveyance documents prior to the final acceptance of the required legal documents. 32