§ 65.563. Completion and Acceptance of Improvements.

Before the City can accept improvements by issuing a Certificate of Completion, the developer/builder shall meet the requirements of this Section. At the City Engineer's option, improvements in a development may be accepted in self-supporting stages. This Section is intended to place requirements on developer/builders and their Florida Registered Professional Engineers and Florida Professional Surveyor and Mappers and shall not be construed to place any limitations on the actions of the City.

(A)

Requirements for Acceptance of Improvements and Certificate of Completion. The City Engineer accepts improvements by issuing a Certificate of Completion. The City Engineer shall be required to issue a Certificate of Completion only if the following has occurred:

(1)

The developer/builder has done the following:

(a)

Complied with all requirements listed in the paragraph entitled "As-Built Drawings" in this Section;

(b)

Posted a defect security in accordance with the paragraph entitled "Posting of Defect Security" in this Section; and

(c)

Submitted the results of any tests that the City Engineer may require;

(d)

Submitted an FDEP "Clearance for Service" letter to the City Engineer;

(e)

Submitted a Florida Professional Surveyor and Mapper's Letter of Certification to the City Engineer; and

(f)

Submitted itemized cost sheets to the City Engineer for all facilities dedicated to the City.

(2)

The City Engineer has conducted satisfactory final inspections of the improvements to be accepted.

(B)

As-Built Drawings. In every instance in which a developer/builder is required to submit plans of development improvements for City approval, the developer/builder is also required to arrange for a Florida Registered Professional Engineer and Florida Professional Surveyor and Mapper to perform the following:

(1)

Monitor the construction of said improvements;

(2)

Create and maintain a set of on-going, continuously updated As-Built Drawings of said improvements (The As-Built Drawings shall give reference to and be tied to at least two Orange County Geodetic Information System monuments and/or Certified Sectional Corners, whose coordinate values are in Florida State Plane Coordinates, Zone Florida East, NAD 83. The Drawings shall show said monuments and/or Certified Corners, described with name, number and State Plane Coordinate Values, and their bearing structure shall be based on the State Plane Coordinate System from the information provided by these monuments. Furthermore, all As-Built Drawings shall be created and maintained in accordance with the standards and requirements adopted by the City of Orlando as outlined in the current Engineering Standards Manual;

(3)

Ensure that said continuously updated As-Built Drawings accurately reflect the actual status of constructed improvements;

(4)

Make said continuously updated As-Built Drawings available for inspection by the City Engineer at all times; and

(5)

At the completion of the improvements, submit four (4) completed sets of white print (or better quality) and one reproducible set of As-Built Drawings to the City Engineer. All adjustments shall be made to the original drawings prior to printing. Each completed set of As-built drawings shall include, on its face, a certified statement by the developer/builder's Florida Registered Professional Engineer or Florida Professional Surveyor and Mapper that the set of As-Built Drawings accurately depicts the actual improvements as constructed.

(C)

Sanctions. If the developer/builder or the developer/builder's Professional Engineer fails to comply with any one or more of the requirements described in this Section, then the City Engineer may, but is not required to, choose any one or more of the following as sanctions:

(1)

Refuse to allow Building Permits to be issued for any or all of the development;

(2)

Refuse to issue Certificates of Occupancy for any or all of the development; or

(3)

Refuse to issue a Certificate of Completion for the improvements, thereby refusing to accept the improvements.

(D)

Posting of Defect Security. Prior to acceptance of the required improvements by the City Engineer through the issuance of a Certificate of Completion, the developer/builder shall post a Defect Security for the repair or correction of material defects or failures of the improvements for a "Maintenance Period" of two (2) years following their acceptance. The Defect Security shall be in an amount equal to 15% of the actual construction cost of all the improvements, and shall consist of a maintenance bond, equivalent cash deposit with the City, certificate of deposit, irrevocable letter of credit by a Florida bank, a cashier's check or a certified check drawn upon a Florida bank. The City Engineer shall create, maintain, and provide approved forms for each type of Defect Security described immediately above. The developer/builder shall use said approved Defect Security forms and shall not modify said approved forms in any way. Any change or modification to such forms shall be disregarded and shall be unlawful. Upon default, the City Council, City Engineer or other applicable public body may exercise its rights under the Defect Security upon ten (10) days written notice by certified mail, return receipt requested, to the parties to the instrument.

(E)

Responsibility During Maintenance Period. During the two-year "Maintenance Period" when the Defect Security is in effect, the developer/builder shall provide all required maintenance or repair of the accepted improvements, including, but not limited to, the repair and replacement of any system component, failed section of paving or like item, and the control of erosion, replacement of sod, or removal of soil washed onto pavement or into the drainage system.

(F)

Release of Defect Security. Between 60 and 90 days prior to the expiration of the Defect Security and corresponding Maintenance Period, the developer/builder shall notify the City Engineer, in writing, of the impending expiration and shall request that the City Engineer perform a final inspection of the accepted improvements. The City Engineer shall then conduct such final inspection between 30 and 60 days prior to the expiration. If the City Engineer determines during the final inspection that the improvements are in satisfactory condition and repair, then the Defect Security shall be permitted to expire, and the developer/builder shall be released from further obligations under this Part, but the developer/builder is not necessarily released from any other liability which may exist at law. If the City Engineer determines during the final inspection that the improvements are not in satisfactory condition or repair, then the City Engineer may require the developer/builder to correct the design deficiency, maintenance problem, etc. Failure of the developer/builder to correct said deficiency when requested shall automatically result in a default in the Defect Security and in continued civil liability against the developer/builder for any deficiency in the accepted improvements which may have occurred or become apparent during the two-year Maintenance Period or during a final inspection by the City Engineer, even if such deficiency is not discovered until after the expiration of the Defect Security and corresponding Maintenance Period. Similarly, the developer/builder's failure to notify the City Engineer of the Defect Security expiration date and to request final inspection, shall also result in automatic default of the Defect Security and continued civil liability for deficiencies discovered after expiration of the Defect Security and corresponding Maintenance Period.

(G)

Reduction or Release of the Performance Guarantee. Upon issuance of the Certificate of Completion for an approved development or construction stage of a development, the Performance Guarantee for the improvements shall be reduced by the amount of the original cost estimate for the improvements covered by the Certificate. Where the Certificate covers all remaining required improvements, the Performance Guarantee shall be fully released.

(Ord. of 10-29-2001, § 4, Doc. #011029703; Ord. No. 2013-29, § 1, 6-3-2013, Doc. #1306031202)