(a) Generally. Once the infrastructure plans and apportionment determination have been approved, but before the final release of a plat or approval of a zoning district classification or boundary change requiring an exaction, private development contracts must be executed by the chief engineer for development services to build the proposed infrastructure facilities. Private development contracts for water and wastewater improvements, if needed, must comply with Chapter 49 of the Dallas City Code. Private development contracts for other infrastructure improvements must comply with this section. In addition, to ensure that the city will not incur claims or liabilities as a result of the developer's failure to make payment in accordance with the terms of a private development contract, the director may require the developer, as a precondition of approval or release of a final plat or approval of a zoning district classification or boundary change requiring an exaction, to provide sufficient surety guaranteeing satisfaction of claims against the development in the event such default occurs. The surety shall be in the amount of the private development contract. The surety shall also be in the form of a bond, escrow account, cash deposit or unconditional letter of credit drawn on a state or federally chartered lending institution. The form of surety shall be reviewed and approved by the city attorney. If a bond is furnished, the bond shall be on a form provided by the director and approved by the city attorney. The bond shall be executed by the developer and at least one corporate surety authorized to do business and licensed to issue surety bonds in the State of Texas and otherwise acceptable to the city. If a cash deposit is provided, the deposit shall be placed in a special account and shall not be used for any other purpose. Interest accruing on the special account shall be credited to the developer. If an escrow account is provided, the account shall be placed with a state or federally chartered lending institution with a principal office or branch in Texas, and any escrow agreement between the developer and the escrowing institution shall provide for a retainage of not less than ten percent of the private development contract amount, to be held until the director gives written approval of the construction of the facilities.
(c) Form. The private development contract must be on a form provided by the director and approved by the city attorney.
(d) Bonds. The private development contract must include performance and payment bonds equivalent to those the city uses and requires in its standard specifications, and the city must be a named obligee in the bonds.
(e) Duplicate plans. As part of the contract submission, duplicate sets of approved plans must be submitted to the director in sufficient number to meet the current contract plan distribution requirements of the city.
(f) Construction inspection. Before the approval of a private development contract, the owner shall submit to the director the name of the engineer licensed to practice in the State of Texas with whom he has contracted to provide the required construction inspection. The engineer performing the construction inspection shall attest to the director that the engineer, or a qualified member of the engineer’s firm, made periodic visits to the worksite, as dictated by recognized and customary practice, to inspect the construction of the storm drainage, street paving, bridge, culvert, and traffic signal improvements, and to assure that the improvements were constructed according to the approved plans, profiles, details, and specifications for the project. The engineer shall submit copies of the construction inspection reports along with his declaration.
(g) Material testing. Before the approval of a private development contract, the name of a local materials testing company that is:
(1) competent in the field of testing pertinent to the contract; and
(2) under contract with the owner; must be submitted to and approved by the director. Materials testing and certification must comply with the standard specifications for public works construction.
(h) Authorization to begin. No construction of infrastructure improvements may begin until a letter authorizing the construction has been issued by the director.
(i) Order of construction.
(1) Except where the contractor has obtained a permit to barricade and occupy existing street right-of-way, paving and storm drainage construction which must be accomplished in existing public right-of-way must be completed and accepted by the department before the issuance of any building permits for structures in the platted area unless waived by the director when sequencing of the work is infeasible. If paving and storm drainage work in existing right-of-way and work requiring a building permit are allowed to occur simultaneously, the paving and storm drainage work must be completed and accepted by the department before the issuance of a certificate of occupancy or authorization for utility connections.
(2) In order to obtain building permits for structures to be constructed in the platted area:
(A) all required infrastructure work must have been completed and accepted; or
(B) the necessary infrastructure work to satisfy the fire department requirements must have been completed, and the developer must have furnished satisfactory evidence in the form of a development bond, approved by the city attorney and furnished by the property owner with the city of Dallas named as the obligee on the bond, in an amount equal to the estimated cost of the uncompleted infrastructure. The estimated cost of the uncompleted infrastructure must be approved by the director.
(3) Private development contracts for paving must not be approved by the city until the related storm drainage construction is completed and acceptable, and a water and wastewater release is issued by the director of water utilities approving the related water facilities construction work beneath or in close proximity to the proposed pavement.
(j) Assurance of compliance. The owner of the property to be platted is responsible for all construction and inspection services required for paving and drainage improvements. The owner shall ensure that the work is performed and completed in conformance with the approved plans, the standard specifications for public works construction, and the standard construction details. The responsible engineer shall certify in writing that the materials and work are in conformance with all plans and specifications.
(k) Letter of acceptance. No infrastructure improvements are considered accepted until:
(1) the owner has filed an affidavit affirming that:
(A) all parties to the private development contracts have been paid except for the normal and usual 10 percent retainage; and
(B) no liens exist on the property dedicated;
(2) the department has a copy of the approved recorded plat;
(3) the director has inspected the infrastructure improvements and determined that they comply with the approved plans and specifications and all applicable city ordinances;
(4) all fees required by this chapter or another city ordinance for the construction of the infrastructure improvements have been paid to the city;
(5) a letter of acceptance has been issued by the director; and
(6) the engineer of record has certified that all addition corners have been set pursuant to Section 51A-8.617.
(l) Maintenance and repairs. The contractor responsible for the construction of the infrastructure shall make maintenance repairs and replace all defective materials and workmanship for a period of one year from the date of the acceptance of the improvements. The decision of the director is conclusive on the determination as to needed maintenance or defective materials or workmanship. The director’s determination shall be based upon applicable guidelines. (Ord. Nos. 20092; 21045; 21491; 22022; 23384; 25047; 25048; 26530; 28073; 30239; 30654; 32002)