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HomeMy WebLinkAboutContract 48217 CITY SECRETARY �N�`O Developer and Project Information Cover Sheet: `Developer Company Name: Tanger Fort Worth,LLC a North Carolina limited liability company By: Tanger Devco, LLC, a North Carolina limited liability company its Manager Address, State,Zip Code: 3200 Northline Aveune, Suite 360 , Greensboro,NC 27408 Phone & Email: 336-292-3010, Thomas.McDonough@Tangeroutlets.com Authorized Signatory, Title: Thomas E. McDonough, Vice President Project Name and Brief Tanger Outlet Center Description: Project Location: SWC HWY 1-35w and IH 114 Plat Case Number: FP-15-016 Plat Name: Champion Circle Addition Mapsco: 643T7 Council District: 7 City Project Number: 02628 CFA Number: 2016-083 DOE Number: None To be completed by staff.• Received by: ll'-1,9 Date: OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT.WORTH,U Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 1 of 11 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, TanPer Fort Worth LLC a North Carolina limited liability company By:Tanger Devo, LLC a North Carolina limited liability company its Manager, ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Tanger Outlet Center ("Project") within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS, any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the Proj ect. NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Improvements. Developer City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 2 of 11 further acknowledges that said acceptance process requires the Developer's contractor(s) to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer for all the services provided under this contract. C. Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City-approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water (A) ®, Sewer (A-1) ©, Paving (B) 0, Storm Drain (B-1) ❑, Street Lights & Signs (C) ❑. E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its contractor(s)pays the then-current City-established wage rates. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being prequalified, insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 3 of 11 maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on the Certificate of Insurance (ACORD or other state- approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available; to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, to not install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. V. To require its contractor to have fully executed contract documents submitted to the City in order to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City-issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 4 of 11 I. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, its contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. M. Developer will further require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, the construction of the infrastructure contemplated herein, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. Further, Developer will require its contractors to indemnify, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 5 of 11 construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. N. Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. Developer shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements has started within the two year period, the developer may request that the CFA be extended for one additional year. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 6 of 11 the end of two (2) years from the date of this Agreement (and any extension period) the Improvements have not been completed and accepted. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 7 of 11 Cost Summary Sheet Project Name: Tanger`'Outlet[Center CFA No.: 2016-083 CP No.: 02628 An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 106,585.00 2.Sewer Construction $ 92,898.00 Water and Sewer Construction Total $ 199,483.00 B. TPW Construction 1.Street $ 112,643.40 2. Storm Drain $ - 3.Street Lights Installed by Developer $ - 4. Signals $ - TPW Construction Cost Total $ 112,643.40 Total Construction Cost(excluding the fees): $ 312,126.40 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 3,989.66 D. Water/Sewer Material Testing Fee(2%) $ 3,989.66 Sub-Total for Water Construction Fees $ 7,979.32 E. TPW Inspection Fee(4%) $ 4,505.74 F. TPW Material Testing(2%) $ 2,252.87 G. Street Light Inspsection Cost $ - H. Signals Inspection Cost $ H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ 6,758.60 Total Construction Fees: $ 14,737.92 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 312,126.40 x Completion Agreement=100%/Holds Plat $ 312,126.40 Cash Escrow Water/Sanitary Sewer=125% $ 249,353.75 Cash Escrow Paving/Storm Drain=125% $ 140,804.25 Letter of Credit=125%w/2yr expiration period $ 390,158.00 City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH DEVELOPER Tanger Fort Worth,LLC a North Carolina limited liability company By: Tanger Devco,LLC,a North Carolina Jesus J. Chapa limited liability company its Manager Assistant City Manager Date: Recommended by: Name: Aomas E. 4cDoriough Title: Vice President Date: pZ/� Wendy Chi-Babu al, EMBA, fl-.- ATTEST: (Only if required by Developer) Development Engineering Manager Water Department Signature 61 • Lj Name: Dough . Wiersig, P.E. Director Transportation & Public Works Department Approved as to Form &Legality ATTEST: Richard A. McCracken , Assistant City Attorney M&C No. A14- Mary J. Ka Date: 9J 2-111 Lf City Secretary d Off 4 City of Fort Worth, Texas Standard Community Facilities Agreement OFFICIAL RECORD ��°°°tea®a_ CFA Official Release Date: 10.07.2015 141- Page 9 of 11 CITY SECRETARY FT.WORTH,TX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment Attachment 1 - Changes to Standard Community Facilities Agreement ©, Location Map Exhibit A: Water Improvments Water Cost Estimate Exhibit A-1: Sewer Improvements Sewer Cost Estimate Exhibit B: Paving Improvements Paving Cost Estimate Exhibit B-1: Storm Drain Improvements Storm Drain Cost Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 10 of 11 ATTACHMENT"I" Changes to Standard Agreement Community Facilities Agreement City Project No. 02628 Change Section L as follow with underline L. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, its contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors, officers, agents or employees, except to the extent that such injuries, death or damages are caused, in whole or in part, by the alleged negligence or willful misconduct of the City of Fort Worth, its officers, servants, or employees. City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 11 of 11 N W I TEXAS MOTOR S JAG SPEED WA Y 114 cico o � Q ct� I U �s O LOCA RON cQ c' N W 35W LI TSEY RD, IIMlffry MAP N.T.S. MAPSCO NO. 643 T,U COUNCIL DISTRICT #7 CFA VICINITY MAP Ilmo 1kanmmmo ma TANGER OUTLET MALL SHEET A00odmUo' Hffieo FORT WORTH, TARRANT COUNTY, TX CONSULTING CIVIL ENGINEERS . SURVEYORS G.W. SHAMBLIN SURVEY, ABSTRACT NO. 362 1 (972) 490-7090 FAX(972) 490-7099 CITY OF FORT WORTH DENTON COUNTY, TEXAS of LDwg� : N.T.S. Date : 02/24/2016 TANGER DEVELOPMENT CO., LLC File : 62501—CFA COV.DWG 115 OLD ORCHARD DRIVE `�ct No. : 62501.01 GREENVILLE TENNESSEE 37743 LEGEND 111111 PROPOSED WA TER LINE ■® EXISTING WATER LINE -0 PROPOSED FIRE HYDRANT ►� PROPOSED VAL VE i t EXIST. 12" BUC-EES DRI VE WATER LINE (100' RIGHT—OF—WAY) I t I i PROP. 8" I a O O Q WATER LINE I Q I I � PROP. 12 EXIST 24 D _ WATER LINE WATER LINE I � PROP. 8" J WATER LINE j PROP. 8" I �. WATER LINE 013 I i --------4W aoaooa � � L PLAY SIG+ AR TUOrR PROP. 12" WATER LINE I n n n I CFA EXHIBIT A — WATER TANGER OUTLET MALL SHEET "� A000ditao' Hme. FORT WORTH, TARRANT COUNTY, TX CONSULTING CIVIL ENGINEERS • SURVEYORS G.W. SHAMBLIN SURVEY, ABSTRACT NO. 362 2 (97z) 490-7090 FAX (972) 490-7099 CITY OF FORT WORTH DENTON COUNTY, TEXAS of Scale : t" = too' Date :02/24/2016 TANGER DEVELOPMENT CO., LLC DI19. F11e 62501—CFA WTR.DIG 115 OLD ORCHARD DRIVE 4 Project No. : 62501.01 GREENVILLE TENNESSEE 37743 LEGEND 111111 PROPOSED SANITARY SEWER LINE —■— EXISTING SANITARY SEWER LINE • PROPOSED SANITARY SEWER MANHOLE o EXISTING SANITARY SEWER MANHOLE -BUC-EES DRIVE 100RIGH _ --- ( ' GHT OF—WA Y) % __- -•�Z j Po 000 o o O PROP. 8" �• SEWER LINE I i i 0 0 0 II ►, 013 4D I PROP. SEWER' O O �i Q �a MANHOLES' ) 0 0 o 0-.x,0 0 i » ° o O o p PROP. 8 m SEWER LINE O DI Q +4r \ CIO Q mo FJ O 0 0 o v CP ;� o � o I� EXIST SEWER o o +�+ o =MANHOLES - ✓✓✓/ o c= Q InAwl` -- OUTLET BLVD. EXIST 12" I I (100' RIGHT—OF—WAY) SEWER LINEEXHp 'WIl£o lksh ffiTam CFA TANGERIBIT OUTLET MALLR ®� (N A00®cenftao, �Imc. FORT WORTH, TARRANT COUNTY, TX SHEET CONSULTING CIVIL ENGINEERS . SURVEYORS G.W. SHAMBLIN SURVEY, ABSTRACT N0. 362 3 (972) 490-7090 Fax (972) 490-7099 CITY OF FORT WORTH DENTON COUNTY, TEXAS OF Scale I" = 250' Dote : 02/24/2076 TANGER DEVELOPMENT CO., LLC Dwg. File : 62501-CFA SWR.DwG 115 OLD ORCHARD DRIVE 4 Project No. : 62501.01 GREENVILLE TENNESSEE 37743 i BFRs BY O THERS L -- (� P 0 0 0 O �I 5' SIDEWALK l 8' SIDEWALK & BFR o —l1 0 0 o cn I I e OD OD a==DaD 7" HEAVY DUTY i 1 REINFORCED CONC. 0 f �, • • • •�� PA VEMENT�• 0 0 I d ° Q ----- 5' SIDEWALK 1I d Q w/BFRs BY • d O ��„ °°�,° 8 ° °, I T�xDOTT \ �• 8SIDEWALK I" \ I & BFRs a O 0 0 O 0 0 I01 Q CID 0 � O O o � C=) c:�) O o 0 0 `8' SIDEWALK O & BFRs Q O O o 0 0 0 c5 o p.. Q i ---------- OUTLET OUTLET BLVD. II(700'Rfp/T-OF-WAY) CFA EXHIBIT B — PAVING "• �Il�1�C�Il£-0-0-1M)m TANGER OUTLET MALL SHEET A00®enffitaop HMO. FORT WORTH, TARRANT COUNTY, TX CONSULTING CIVIL ENGINEERS • SURVEYORS G.W. SHAMBLIN SURVEY, ABSTRACT NO. 362 4 (972) 490-7090 FAX (972) 490-7099 CITY OF FORT WORTH DENTON COUNTY, TEXAS OF Scale t" = 250' Date 02/24/2076 TANGER DEVELOPMENT CO., LLC Dwg, File 62501-CFA PAV.Dwc 115 OLD ORCHARD DRIVE 4 Project No. : 62501.01 GREENVILLE TENNESSEE 37743 Tanger Outlet Mall Quantity Matrix EXHIBIT A-WATER ITEM UNIT ITEM TOTAL SHEET NO. TOTAL PRICE COST ITEM NO. BID ITEM UNIT 1 2 314 5 WATER 1 8"PVC Water Pipe LF X 1 45 $34.00 $1,530.00 2 12"PVC Water Pipe LF X 658 $44.00 $28,952.00 3 8"Water Meter And Vault EA X 1 $18,500.00 $18,500.00 4 Fire Hydrant/Assembly EA X 1 3 $3,500.00 $10,500.00 5 2"Water Service EA X 2 $2,200.00 $4,400.00 6 2"Water Service(IRR) EA X 4 $2,500.00 $10,000.00 7 8"Gate Valve EA X 6 $1,250.00 $7,500.00 8 12"Gate Valve EA x 5 $2,200.00 $11,000.00 9 Ductile Iron Water Fittings wl Restraint TON X 1.5 $5,000.00 $7,500.00 10 Trench Safety LF X 703 $1.00. $703.00 11 12"x24"Tapping Sleeve&Valve EA X 1 $6,000.00 $6,000.00 SUBTOTAL $106,585.00 Tanger Outlet Mall Quantity Matrix EXHIBIT A-1 -SANITARY SEWER ITEM UNIT ITEM TOTAL SHEET NO. TOTAL PRICE COST ITEM NO. BID ITEM UNIT 1121314 5 SANITARY SEWER 1 Post-CCPV Inspection LF X 1249 $2.00 $2,498.00 2 Manhole Vacuum Testing EA X 5 $150.00 $750.00 3 8"Sewer Pipe LF X 1249 $48.00 $59,952.00 4 4'Std.Manhole EA x 3 $3,000.00 $9,000.00 5 4'Drop Manhole EA x 2 $5,500.00 $11,000.00 6 Trench Safety LF X 1249 $2.00 $2,498.00 7 4'Extra Depth Manhole VF X 21 $175.00 $3,675.00 8 Concrete Encasement CY X 15 $20.00 $300.00 9 8"Sewer pipe CSS Backfill LF X 20 $11.25 $225.00 10 Epoxy Manhole Liner VF X 30 $100.00 $3,000.00 SUBTOTAL $92,898.00 Tanger Outlet Mall Quantity Matrix EXHIBIT B-PAVING ITEM UNIT ITEM TOTAL SHEET NO. TOTAL PRICE COST ITEM NO. BID ITEM UNIT 1 2131415 DRAINAGE t 4"Sidewalk SF X 25638 $4.30 $110,243.40 2 Barrier Free Ramp EA X 6 $400.00 $2,400.00 SUBTOTAL $112,643.40