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Home My WebLink About1996-228A \CH34 2 ORDINANCE NO % � 92W AN ORDINANCE AMENDING SECTIONS 34-41, 34-42, AND 34-43 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE A NEW PROCEDURE FOR DEVELOPMENT CONTRACTS ELIMINATING THE REQUIREMENT OF A PAYMENT BOND AND A TY ON PUBLIC IMPROV EMENTS EMENTS FRCE OM THE DATE OFD TO IF FINAL COMPLETION AND FDE FOR A ONE YEAR OR OTHER A CONDITIONS ITY CLAUSE HEREIN, AND PROVIDING AN EFFECTIVE DATE PROVIDING WHEREAS, the City Engineer has recommended that various dard development contract and the de - changes be made to thto ex e stapedite the process, nvelopment procedure ent bond and the ma ntenance bond including and a eli- mination of the paym WHEREAS, the City Council has determined that these changes in procedure are in the public interest and are consistent with the competitive bidding laws and wishes to amend subchapter C, "De- theoCode tofaOrdinances nof the City of Denton, in Contracts for lNOW, THEREFORE, ic Improvements" of THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Section 34-41 "Contents of Development Con- tract" of the Code of Ordinances of the City of Denton is hereby amended to read as follows Sec. 34-41. Contents of Development Contract. The development contract shall be in a form and contain b provisions deemed necessary by the city engineer, as approvedY city attorney, to ensure payment isconstruction thereforand and compliancefwith the im- provements, that provisions of this chapter The contract shall contain, but not be limited to, the following provisions n of (a) Descrtheirl�ocat on and tion and t the dcontract oprice hthereof improvements, 1tor1if there is no contract amount yet determined, the estimated cost thereof certified by a registered engineer and ap- proved by the city engineer The contract must establish the limit of participation by the city at a level not to exceethirty percent with Tex Loco Gov't f the tCode §212otal ract price, 072 inac (b) Specifications That the improvements will be construct- ed lstandardsnand specifications applicablechapterce with the provisions of this to the thes public works projects Inspecti orders That the ctor (c) tractorsowill dcooperate with and abide aby the norders of the city engineer, executive director of utilities, and city inspectors in constructing the improvement All the developer's books and records related to the project shall be available for inspection by the city (d) Insurance That the owner or contractor will comply with the insurance requirements applicable to the city's public works project and provide certificates evidencing such insurance coverages to the city engineer (e) Performance bond That the owner or contractor shall provide a performance bond as required by Tex Gov't Code Ann §2253 021 (Vernon Supp 1996, as amended) and §212 073 Tex Loc Gov't Code ann (Vernon Supp 1996, as amended) and in conformance with the most current edition of the Standard Specifications for Public Works construc- tion adopted by the North Central Texas Council of Governments (NCTCOG), as amended by City, in the amount of one hundred (loo) percent of the cost of constructing the public improvements The bond shall be furnished on the form provided by the City of Denton which shall in- clude a provision insuring the repair and replacement of all defects in the improvements due to faulty materials and workmanship that appear within a period of one (1) year from the date of acceptance of the improvements by the City The performance bond shall be issued by a surety company authorized to do business in the State of Texas and acceptable to the City of Denton If the cost of constructing the improvements is $15,000 or less, the City may execute an escrow agreement with the owner or developer instead of a bond conditioned on the faithful performance of the improvements and insuring the repair and replacement of all defects in improvements due to faulty materials and workmanship that appear within a period of one year from the date of acceptance of the improvements by the City Cash money in the amount of the cost of completing the improvements and sufficient to fully insure the City against defects in materials and workmanship, as determined by the city engineer, may be deposited with a bank as escrow agent pursuant to an agreement, the form and provisions thereof to be approved by the city engineer and city attorney, to insure completion of the improvements and to insure the City against defects in materials and workmanship (f) Requirements of sureties That the requirements for sureties to issue bonds and the standards for additional or substitute bonds as set forth in NCTCOG standards referenced above are incorporated into this section for all purposes and shall be controlling in all aspects Page 2 unless in conflict with the terms set forth in this section SECTION II That Section 34-42 "Miscellaneous Documentation Requirements" of the Code of Ordinances of the City of Denton is hereby amended by amending subsection (a) thereof to read as follows Sec. 34-42. Miscellaneous Documentation Requirements. (a) Affidavit of contractor The city engineer may require the owner or contractor or both to furnish a list of all contractors and subcontractors who performed labor on or persons supplying material for the improvements and shall require a written release of all claims from any such person prior to acceptance of the improvements SECTION III That Section 34-43 "Construction Inspection" of the Code of Ordinances of the City of Denton is hereby amended by amending subsection (a) thereof to read as follows Sec. 34-43. Construction Inspection. (a) Construction inspection and acceptance The developer shall cause his engineer to design, stake, and help interpret the plans during construction of improvements and shall cause his contractor to construct the improve- ments in accordance with the chapter and engineering plans The approved engineering plan shall be so marked on the face by the city engineer The city engineer shall inspect any and all phases of the construction of improvements for subdivisions and shall make a final inspection at least thirty (30) days before the one year warranty period on the performance bond expires If defects in materials and workmanship are discovered as a result of this final inspection, the engineer shall im- mediately, in writing, notify the developer, the develop- er's contractor, and the surety on the performance bond of the defects The subdivider or his contractor should maintain daily contact with the city engineer during con- struction improvements No sanitary sewer, water, or storm sewer pipe shall be covered without approval of the city engineer No flexible base material, subgrade material, or stabilization shall be applied to the street subgrade without the approval of the city No concrete may be poured nor asphaltic surface applied to the base without the approval of the city The city engineer may at any time cause any construction, installation, maintenance, or location or improvements to cease when, in his judgment, the requirements of this chapter or the standards and specifications as hereinbefore provided have been violated and may require such reconstruction or Page 3 other work as may be necessary to correct any such violation SECTION IV That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court Of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity SECT_ ION Vs That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict only The non -conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect SECTION VI That save and except as amended hereby, all the sections, sentences, and clauses of Chapter 34 of the Code of Ordinances of the City of Denton, Texas shall remain in full force and effect SECTI`I That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /'T� day of 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP D AS TO LEGAL FORM HERE"— BY JACK MILLER, MAYOR Page 4