1996-228 ORDINANCE NO aG --
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 PERFORMANCE BOND, AND TO PROVIDE FOR A ONE YEAR WARRANTY ON
PUBLIC IMPROVEMENTS FROM THE DATE OF FINAL COMPLETION AND FOR OTHER
CONDITIONS AS STATED HEREIN, PROVIDING A SAVINGS CLAUSE, PROVIDING
A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Cmty Engineer has recommended that various
changes be made to the standard development contract and the de-
velopment procedure to expedite the process, including the ell-
mlnatmon of the payment bond and the mazntenance bond, and
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-
velopment Participation in Contracts for Public Improvements" of
the Code of Ordinances of the City of Denton, NOW, THEREFORE,
THE cOUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That Section 34-41 ,,Contents of Development Con-
tract" of the Code of Ordinances of the Cmty of Denton ms hereby
amended to read as follows
Sec. 34-41. Contents of Development Contract.
The development contract shall be in a form and contain provmslons
deemed necessary by the city engineer, as approved by the city
attorney, to ensure proper construction and completion of the im-
provements, that payment is made therefor and compliance wmth the
provisions of this chapter The contract shall contain, but not be
limited to, the following provmsmons
{a) Descrmptlon and cost A description of the improvements,
their location and the contract price thereof or, if
there ~s 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 c~ty at a level not to
exceed thirty percent (30%) of the total contract price,
in accordance with Tex Loc Gov't Code §212 072
(b) Specifications That the ~mprovements will be construct-
ed in accordance with the provisions of this chapter and
the standards and specifications applicable to the city's
public works projects
(c) Inspection and orders That the contractor and subcon-
tractors will cooperate with and abide by the orders of
the city engineer, executive director of utilities, and
city ~nspectors ~n constructing the improvement All the
developer's books and records related to the project
shall be available for inspection by the c~ty
(d) Insurance That the owner or contractor w~ll comply w~th
the insurance requirements applicable to the c~ty's
public works project and provide certificates evidencing
such ~nsurance coverages to the c~ty 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 ~n conformance w~th the most current edition
of the Standard Specifications for Public Works construc-
tlon adopted by the North Central Texas Councll of
Governments (NCTCOG), as amended by C~ty, ~n the amount
of one hundred (100) percent of the cost of constructing
the public improvements The bond shall be furnished on
the form provided by the C~ty of Denton which shall ln-
clude a provision ~nsur~ng the repair and replacement of
all defects in the ~mprovements due to faulty materials
and workmanship that appear w~thln a per~od of one (1)
year from the date of acceptance of the ~mprovements by
the City The performance bond shall be ~ssued by a
surety company authorized to do bus~ness ~n the State of
Texas and acceptable to the Clty of Denton If the cost
of constructing the ~mprovements is $15,000 or less, the
City may execute an escrow agreement w~th the owner or
developer instead of a bond conditioned on the faithful
performance of the ~mprovements and ~nsur~ng the repair
and replacement of all defects in ~mprovements due to
faulty materials and workmanship that appear w~th~n a
per~od of one year from the date of acceptance of the
~mprovements by the C~ty Cash money in the amount of
the cost of completing the ~mprovements and sufficient to
fully insure the C~ty against defects ~n materials and
workmanship, as determined by the c~ty engineer, may be
deposited wlth a bank as escrow agent pursuant to an
agreement, the form and provisions thereof to be approved
by the c~ty englneer and c~ty 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 ~ssue bonds and the standards for additional
or substitute bonds as set forth ~n NCTCOG standards
referenced above are incorporated ~nto this section for
all purposes and shall be controlling ~n all aspects
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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
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
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 dally contact with the city engineer during con-
structlon 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
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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 ~nvalld by any court
of competent ]urlsd~ctlon, such holding shall not affect the
validity of the remaining portions of this ordlnance, and the City
Councll of the Clty of Denton, Texas hereby declares it would have
enacted such remaining port~ons despite any such lnvalld~ty
~ That all ordinances or parts of ordinances
force when the prov~slons of this ordinance become effective which
are ~ncons~stent or ~n conflict w~th the terms or provisions
contained ~n th~s 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
~ That save and except as amended hereby, all the
sections, sentences, and clauses of Chapter 34 of the Code of
Ordinances of the C~ty of Denton, Texas shall remain in full force
and effect
~ That this ordinance shall become effective
· mmedlately upon ~ts passage and approval
PASSED AND APPROVED th~s the~day of ~, 1996
JACK MILLER, MAYOR
JENNIFER WALTERS, CITY SECRETARY
APP~D AS TO LEGAL FORM
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