Chapter 16.18
CONSTRUCTION OF IMPROVEMENTS
Sections:
16.18.010 Compliance required.
16.18.020 Improvement drawings and plans.
16.18.030 Revisions to approved plans.
16.18.040 Inspections required.
16.18.060 Acceptance of improvements.
16.18.070 Improvement agreements.
16.18.090 Improvement security.
16.18.010 Compliance required.
All streets, drainage facilities, water distribution and fire protection facilities, sanitary sewer facilities and other required improvements shall be constructed in accordance with the provisions of this title and with the following specifications, as applicable: the Public Works Standard Specifications of the City of Santa Rosa, CalTrans Standard Specifications, the American Water Works Association, Board of Fire Underwriters. A copy of each such standard specifications is on file in the Public Works Department. No final map or parcel map shall be forwarded to the County Recorder’s office until the subdivider either completes the required improvements or enters into an agreement with the City agreeing to do such work.
16.18.020 Improvement drawings and plans.
A. Improvement drawings shall be prepared and signed by a registered civil engineer and shall be submitted as part of the checkprint submittal to the Director of Planning and Building along with the required checking fee deposit. Construction activities may not take place until all improvement plans and specifications have been approved and the required number of drawings submitted. Approval by the City Engineer shall in no way relieve the subdivider or the subdivider’s engineer from responsibility for the design of the improvement and any deficiencies or adverse effects resulting from the design and construction of the improvement.
B. An improvement plan shall be acted on within 60 working days of its submittal, except that at least 15 working days shall be provided for processing any resubmitted improvement plan. The 60 working day period shall not include any days during which the improvement plan has been returned to the applicant for correction, has been subject to review by other than the City or, following that review, has been returned to the applicant for correction.
C. The improvement plans shall show complete plans, profiles and details for all required improvements, both public and private, including common areas. Hydrology, hydraulic plans and calculations, bond estimates and any structural calculations as may be required shall be submitted with the improvement plans. Upon completion of the review, one set of the checkprint plans, with the required revisions indicated, will be returned to the subdivider’s engineer.
D. After completing all required revisions, the subdivider’s engineer shall transmit the originals of the improvement plans to the Director of Public Works for signature. Upon finding that all required revisions have been made and that the plans conform to all applicable City ordinances and conditions of approval of the tentative map or tentative parcel map, the Director of Public Works shall sign and date the plans. The originals will be returned to the subdivider’s engineer. A copy of the approved plans shall remain on file in the office of the Director of Public Works.
16.18.030 Revisions to approved plans.
A. Requests by the subdivider or the subdivider’s engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the Director of Public Works or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the Director of Public Works’s office for initialing. The originals shall be returned to the subdivider’s engineer and copies of the revised plans shall be immediately transmitted to the Director of Public Works. Construction of any proposed revision will not be permitted to commence until revised plans have been received and approved.
B. When revisions are deemed necessary by the Director of Public Works to protect public health and safety, or as field conditions may require, a request in writing indicating the revisions shall be made to the subdivider and engineer. The subdivider’s engineer shall revise the plans and transmit the originals to the Director of Public Works for initialing within the time specified by the Director of Public Works. Upon receipt of the initialed originals, the subdivider’s engineer shall immediately transmit revised drawings to the Director of Public Works. Construction of all or any portion of the improvements may be stopped by the Director of Public Works until revised drawings have been submitted and approved.
C. Costs incurred by the City for the initial checking of plans or calculations, inspections, or as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, as determined by the Director of Public Works, in accordance with the City’s development deposit procedures, shall be submitted with the plans and applied toward the actual costs.
16.18.040 Inspections required.
All improvements are subject to inspection by the City. Inspections shall include testing by a certified testing firm to insure all facilities meet the requirements of the specifications for that particular item, costs of which shall be borne by the subdivider. The City shall, upon not less than three working days advance notice or request, make such inspections as are requested and as is deemed necessary to ensure that all construction is in accordance with the approved plans and specifications and in no case shall such inspection be less than:
A. The inspection of all underground utility, water, sewer, drainage and fire service lines;
B. An inspection of the subgrade prior to placing the rock base;
C. An inspection of road base prior to placing of roadway surfacing;
D. An inspection of paving;
E. The inspection of concrete forms;
F. The inspection of the pouring of any concrete;
G. A final inspection of the grading;
H. A final inspection upon completion of all improvements within the subdivision.
The subdivider shall notify the Director of Public Works upon the completion of each stage identified above and shall not proceed until the subdivider has received the authorized approval.
16.18.050 Deficiency list.
A. Upon completion of the subdivision improvements, the subdivider shall apply in writing to the City for a preliminary final inspection. The Director of Public Works shall schedule a preliminary final inspection. A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items is excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the Director of Public Works. When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the subdivider for correction.
B. Upon having completed all corrections or additional work as outlined by the deficiency list, the subdivider shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The Director of Public Works shall then make a final inspection.
C. The completion of corrections indicated by the deficiency list shall not relieve the subdivider from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered.
16.18.060 Acceptance of improvements.
A. When all improvement deficiencies have been corrected and as-built improvement plans filed, those subdivision improvements which will be dedicated to the City may be considered for acceptance by the Council.
B. If the offers of dedication on the final or parcel maps have been accepted, the Council shall accept the improved dedications and the Council’s resolution of acceptance shall be filed with the County Recorder.
C. If the offers of dedication on the final or parcel map have been accepted subject to improvement, the Director of Public Works shall file a Notice of Completion with the County Recorder.
D. Acceptance of improvements shall imply only that the improvements have been completed satisfactorily and that they have been accepted for public use.
16.18.070 Improvement agreements.
If the required improvements are not satisfactorily completed before the filing of either the final map or the parcel map, the subdivider and owners of the subdivision shall, prior to or concurrently with the approval of such map, enter into an agreement with the City, agreeing to have the work completed within the time required, and specifying that should such work not be satisfactorily completed within the time limit, the City may then complete or have completed all specified improvements and be completely reimbursed for the same by the subdivider and owner of the subdivision. Any such improvement agreement shall be approved as to form by the City Attorney and shall at a minimum provide:
A. Construction of all improvements in accordance with the approved plans;
B. Completion of improvements within the time specified by CMC 16.18.080;
C. Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;
D. Payment of inspection fees in accordance with the City’s established fees and charges;
E. Maintenance and repair of any defects or failures and causes thereof for one year following acceptance of the improvements;
F. Improvement and warranty security in the percentage amounts specified in CMC 16.18.090 for the total estimated cost of all of the required public improvements, plus the total estimated cost of any other required improvements for which completion may be in the public interest, as solely determined by the City Engineer. This additional amount may include, but is not limited to, the estimated cost of restoring the site should the subdivider not complete all of the improvements;
G. Release and indemnification of the City from all liability incurred in connection with the development and payment of all reasonable attorney’s fees that the City may incur because of any legal action or other proceeding arising from the development;
H. Engineer’s certifications of approved construction;
I. Payment of all required fees, including, without limitation, park dedication fee, traffic mitigation fees, etc.;
J. Agreement to be financially responsible for all required City services provided to the subdivision’s residents prior to acceptance by the City. (Ord. 623 § 2, 2005).
16.18.080 Time of completion.
A. Subdivisions of Five or More Parcels.
1. The subdivider shall complete the improvements for a subdivision of five or more parcels within 12 months, or a time as approved by the City Engineer, not to exceed 36 months, from the recording of the final map, unless an extension is granted by the Council.
2. The subdivider shall complete improvements before final building inspection or the issuance of an occupancy permit for any unit in the subdivision.
3. If the subdivider fails to complete the improvements within the specified time, the City may by resolution of the Council and at its option, cause the uncompleted improvements to be completed and the parties executing the performance security shall be bound for the payment of all necessary costs.
B. Subdivision of Four or Less Parcels.
1. The completion of improvements for divisions of four or less parcels is not required until a permit or other grant of approval for the development of a lot within the subdivision is applied for. However, the City may require completion of the improvements by a specified date when it finds that the completion of the improvements is necessary for public health or safety or for the orderly development of the surrounding area. The City Engineer may make this finding. The specified date, when required, shall be stated in the subdivision improvement agreement.
2. The subdivider shall complete improvements before final building inspection or the issuance of an occupancy permit for any unit in the subdivision.
C. Extensions.
1. The completion date may be extended by the Council upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made not less than 30 days prior to expiration of the subdivision improvement agreement.
2. If approved by the Council, the subdivider shall enter into a subdivision improvement agreement extension with the City. The agreement shall be prepared by the subdivider’s engineer, approved by the City Engineer, approved as to form by the City Attorney, executed by the subdivider with surety and transmitted to the Council for its consideration. If approved by the Council, the City Clerk shall execute the agreement on behalf of the City.
3. The Council may add, modify or delete conditions if the Council determines that such changes are necessary to ensure that the agreement conforms to the State Subdivision Map Act and this code. The Council may deny extension of the agreement on any of the grounds contained in this title.
4. In consideration of a subdivision improvement agreement extension, the City may require the following:
a. Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;
b. Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;
c. Increase of improvement securities in accordance with revised construction estimates;
d. Increase in inspection fees to reflect current construction costs (but no decrease or refund of same); and/or
e. Additional requirements as recommended by the City Engineer or as the Council may deem necessary as a condition to approving any time extension for the completion of improvements.
5. The subdivider shall pay the costs incurred by the City in processing the extension request and extension agreement.
16.18.090 Improvement security.
A. General. Any improvement agreement, contract or act required or authorized by the State Subdivision Map Act or this title, for which security is required, shall be secured in accordance with Section 66499 et seq. of the State Subdivision Map Act and as provided below. No final map or parcel map may be approved until all improvement securities required by this section have been received and approved.
B. Form of Security. The form of security shall be one or a combination of the following at the option and subject to the approval of the City:
1. Bond(s) by one or more duly authorized corporate sureties. The form of the bond(s) shall be in accordance with Sections 66499.1, 66499.2, 66499.3 and 66499.4 of the State Subdivision Map Act;
2. A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public monies;
3. An instrument of credit or letter of credit from one or more financial institutions subject to regulation by the State or Federal government, pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment;
4. Any other form of security as provided in Section 66499 of the State Subdivision Map Act.
C. Amount of Security.
1. A performance bond or other security in the amount of 100 percent of the total estimated construction cost of the improvements including both public improvements, and any other required improvements for which completion may be in the public interest as described in CMC 16.18.070(F), to guarantee the construction or installation of those improvements.
2. A labor and materials bond or other security in the amount of 100 percent of the total estimated construction cost of the public improvements to guarantee payment for materials and labor associated with the public improvements.
3. The estimate of improvements costs shall be as approved by the City Engineer and shall provide for:
a. Not less than five percent nor more than 10 percent of the total construction cost for contingencies.
b. Increase for projected inflation computed to the estimated midpoint of construction.
c. All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to ensure installation.
d. Costs and reasonable expenses and fees, including attorney’s fees, incurred by the City in enforcing the obligations secured.
D. Cash Bond. The subdivider shall deposit with the City not less than $1,000 cash for subdivisions of four or less parcels, and $3,000 for other subdivisions, or an additional amount as required by the City Engineer, not to exceed one percent of the total estimated construction cost. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the subdivider, contractor or subcontractors that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the subdivider at the time all bonds and other security are released.
E. Warranty Security. Upon acceptance of the subdivision public improvements by the City, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the public improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period, which shall be the period of one year following the completion and acceptance of the improvements. The amount of the warranty security shall not be less than 10 percent of the cost of the construction of the public improvements, including the cash bond which shall be retained for the one-year warranty period.
F. Reduction in Performance Security. The City Engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider. However, in no case shall the security be reduced to less than 10 percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the City Engineer except that the City Engineer shall not authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the State Subdivision Map Act, this title or the improvement agreement.
G. Release of Improvement Security.
1. Performance Security. The performance security shall be released only upon acceptance of the public improvements by the City and when an approved warranty security has been filed with the City Engineer. If a warranty security is not submitted, performance security shall be released 12 months after acceptance of improvements and correction of all warranty deficiencies.
2. Material and Labor Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the City, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the Council. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
3. Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period, provided:
a. All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected.
b. Not less than 12 months have elapsed since the acceptance of the public improvements by the City. (Ord. 623 § 2, 2005).