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 with the following specifications, as applicable: the
City of Napa Standard Specifications and Standard Plans, CalTrans
standard specifications, Napa Sanitation District standard specifications,
the American Water Works Association Board of Fire Underwriters. A
copy of each such standard specifications is on file in the office
of the relevant department. No final map or parcel map shall be forwarded
to the County Recorder's office until the subdivider either completes
the required improvements, enters into an agreement with the City
agreeing to do such work, or with the approval of the Public Works
Director, pays the applicable in-lieu fee for specified public improvements
as adopted by resolution of the City Council.
(O2014-9, 8/5/14)
All improvements are subject to inspection by the city. The
city shall, upon not less than three working days' advance notice
or request, make such inspections as are requested and as deemed necessary
to insure 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;
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 City Engineer upon the completion
of each stage identified above and shall not proceed until the subdivider
has received the authorized approval.
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(O4060; O2006-10)
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, then the city may complete or have completed all specified
improvements and be completely reimbursed for the same by the subdivider
and owner of the subdivision. Any improvement agreement associated
with a final map shall be approved by the Council, and any improvement
agreement associated with a parcel map shall be approved by the Community
Development Director. All improvement agreements 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 a specified time;
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;
G. Release
of the city from all liability incurred by the development and payment
of all reasonable attorney's fees that the city may incur because
of any legal action 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;
K. The
provision of insurance as required by the City Risk Manager.
(O4060; O2006-10)
The completion date for any improvements to be constructed under
an improvement agreement may be extended by the Community Development
Director upon written request by the subdivider and the submission
of evidence to justify such extension. The request shall be filed
not less than 30 days prior to the expiration of the improvement agreement.
In consideration of the extension, the following may be required:
A. Revision
of the improvement plan to provide the current design and construction
standards;
B. Revised
improvement construction estimate to reflect current improvement costs
as approved by the responsible department;
C. Increase
of improvement securities in accordance with revised construction
estimates; and
D. Increase
in any inspection fees to reflect current fees.
(O4060; O2006-10)
The furnishing of security shall be required in connection with
any improvement agreement. No final or parcel map may be approved
until all required security has been received and approved. The form
of security shall be one or a combination of the following at the
option of and subject to the approval of the city:
A. Bond
or bonds by one or more duly authorized corporate sureties in the
form required by Sections 66499.1 and 66499.2 of the Subdivision Map
Act;
B. An
instrument of credit from one or more financial institutions subject
to regulation by the state or federal government and pledging that
the funds necessary to carry out the act or agreement are on deposit
and guaranteed for payment;
C. A deposit
of money or negotiable bonds of the kind approved for securing deposits
of public moneys.
(O4060)
A. Security
in the amount of 100% of the estimated construction cost to guarantee
the construction or installation of all improvements shall be required
of all subdivisions. An additional amount of 50% of the estimated
construction cost shall be required to guarantee the payment to the
subdivider's contractor, subcontractors, and to persons furnishing
labor, materials or equipment for the construction or installation
of improvements. The estimate of improvement costs shall be as approved
by the Community Development Director and shall provide for:
1. Not
less than five percent nor more than 10% of the total construction
cost for contingencies;
2. Increase
for projected inflation computed to the estimated midpoint of construction;
3. All
utility installation costs or a certification from the utility company
that adequate security has been deposited to insure installation;
4. In
addition to the full amount of the security, there shall be included
costs and reasonable expenses and fees, including attorney's fees,
incurred in enforcing the obligation secured.
B. Upon
acceptance of the subdivision improvements by the city, the subdivider
shall provide security in the amount of five percent of the cost of
construction of the improvements but in any case, not less than $1,000.00
to guarantee the improvements throughout the one-year warranty period.
In hillside areas, the warranty security requirement may be increased
by the Community Development Director. The subdivider shall also be
required to file a maintenance bond to cover the estimated cost of
maintenance/replacement of landscaping and street trees for three
to five years.
(O4060; O2006-10; O2010 11, 7/6/10)
The Community Development Director may authorize in writing,
the release of a portion of the performance security in accordance
with the provisions of
Government Code Section 66499.7(a) through
(d). Notwithstanding a release of a portion of the security, the subdivider
shall complete all improvements until all remaining items are accepted
by the city.
(O4060; O2006-10)