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HomeMy WebLinkAbout065525 - Construction-Related - Contract - Modern Aviation, Inc.Received Date: 07/15/2026 Received Time: 4 : 00 p.m. Developer and Project Information Cover Sheet: Developer Company Name: Address, State, Zip Code: Phone & Email: Authorized Signatory, Title: Project Name: Brief Description: Project Location: Plat Case Number: Not provided Council District: 2 CFA Number: CFA26-0063 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Modern Aviation, Inc. PO Box 9861, Amarillo, TX 79105 (646) 854-1050 & mcarmen@modern-a Mark Carmen, CEO Modern Aviation Water, Sewer, Paving, & Storm Drain 300 Commander Rd. & 324 Commandc 76106 Plat Name: Not provided Phased or Concurrent None Provisions: City Project Number: 106727 / 1PR1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 16 City Contract Number: 65525 STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Modern Aviation, Inc. ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Modern Aviation ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance City of Fort Worth, Texas Page 2 of 16 Standard Community Facilities Agreement Rev. 9/21 The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ® Exhibit A: Water © Exhibit B: Sewer ® Exhibit C: Paving ® Exhibit D: Storm Drain ❑ Exhibit E: Street Lights & Signs ❑ Exhibit F: Traffic Signal & Striping The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, B, C, D, E, F, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements 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 specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee City of Fort Worth, Texas Page 3 of 16 Standard Community Facilities Agreement Rev. 9/21 Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) 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 the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; City of Fort Worth, Texas Page 4 of 16 Standard Community Facilities Agreement Rev. 9/21 (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with 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 must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. City of Fort Worth, Texas Page 5 of 16 Standard Community Facilities Agreement Rev. 9/21 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. 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 Improvements to be constructed pursuant to this Agreement. II. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER 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 ANYCHARACTER, WHETHERREAL ORASSERTED, BROUGHTFOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDINGDEATH, 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 ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOTSUCHINJURIES, DEATHOR DAMAGESARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL 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 INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS 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, DEFEND, AND HOLD HARMLESS THE CITY City of Fort Worth, Texas Page 6 of 16 Standard Community Facilities Agreement Rev. 9/21 FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts 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 Developer with its contractors, along with an assignment of all warranties given by the contractors, 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. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtainproof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: City of Fort Worth, Texas Page 7 of 16 Standard Community Facilities Agreement Rev. 9/21 CITY: Development Services Contract Management Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 DEVELOPER: Modern Aviation, Inc. PO Box 9861 Amarillo, TX 79105 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. City of Fort Worth, Texas Page 8 of 16 Standard Community Facilities Agreement Rev. 9/21 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. City of Fort Worth, Texas Page 9 of 16 Standard Community Facilities Agreement Rev. 9/21 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2276 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, and redesignated from Chapter 2274 of the Texas Government Code by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(22), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2276 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2 and redesignated from Chapter 2274 of the Texas Government Code as described above. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. City of Fort Worth, Texas Page 10 of 16 Standard Community Facilities Agreement Rev. 9/21 Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 31. No Third -Party Beneficiaries City of Fort Worth, Texas Page 11 of 16 Standard Community Facilities Agreement Rev. 9/21 The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 33. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 12 of 16 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Modern Aviation City Project No.:106727 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees) Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee Ontions_ chnnse nne 9 : 4PTT•S11110 Developer's Cost $ 38,710,00 $ 8,114.00 $ 46,824.00 $ 270,999.90 $ 13,556.00 $ 284,555.90 $ 331,379.90 $ 14,850.00 $ 551.20 $ 168.75 $ 15,569.95 X"N' T•'S11061%3 Choice Amount (Mark nne) Bond = 100% $ 331,379.90 X Completion Agreement = 100% / Holds Plat $ 331,379.90 Cash Escrow Water/Sanitary Sewer= 125% $ 58,530.00 Cash Escrow Paving/Storm Drain = 125% $ 355,694.88 Letter of Credit = 125% 1 $ 414,224.88 Escrow Pledge Agreement = 125% 1 $ 414,224.88 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 13 of 16 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. C�JI 11•_(�]��1CI] 711���'l�] 71 _Y__ I op� Jesica McEachern Assistant City Manager Date: 07/14/2026 Recommended by: Dwayne 1t0a(,Vs oil behaGf o Dwayne HbIlars on behalf of: (Jul 14, 2026 14:29:0 CD ) Leonel Rios Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: Jessika Williams Assistant City Attorney M&C No. N/A Date: 07/14/2026 Form 1295: N/A ,6444pn AQF FonT°qua ATTEST: v g' °s9-�o 0,0- so =o U as lEXAgo�o n11pp444 Jannette S. Goodall City Secretary DEVELOPER Modern Aviation, Inc. Mark Carmen (Jul 72r, 2026 15:25:41 EDT) Mark Carmen CEO Date: 07/14/2026 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. e,a� Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 16 Standard Community Facilities Agreement Rev. 9/21 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ❑X Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions © Location Map ® Exhibit A: Water Improvements ® Exhibit B: Sewer Improvements z Exhibit C: Paving Improvements ❑X Exhibit D: Storm Drain Improvements ❑ Exhibit E: Street Lights and Signs Improvements ❑ Exhibit F: Traffic Signal and Striping Improvements © Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 16 Standard Community Facilities Agreement Rev. 9/21 F-11 "MMT I ►�I li" Changes to Standard Community Facilities Agreement City Project No.106727 None City of Fort Worth, Texas Page 16 of 16 Standard Community Facilities Agreement Rev. 9/21 F----------------------------------------------------------------- I I I I I I I I I I I I I I I I I I I I I I I I I I I I (LOCATION MAP IS NOT TO SCALE) I I I CPN: 106727 I I MAPSCO NO.: 48P I I COUNCIL DISTRICT: 2 jE OF TFk 1�1 CHRISA.WHITFIELD rrl �OZB �CENSEa`�?yam 05/27/2026 LOCATION MAP EXHIBIT L----------------------------------------------------------------- J OWNER / DEVELOPER: ENGINEER: MODERN AVIATION MODERN AVIATION ® MARK CARMEN HANGAR HANGAR STEPHEN SCHWIETERMAN 646.854.1050 DEVELOPMENT 214.492.3621 NORTH CPN : 106727 PO BOX 9861 12750 MERIT DRIVE, SUITE 570 AMARILLO, TEXAS, 79105 DALLAS, TEXAS, 75251 (SHEET 1 of 71 DAT(SHEET1 F7) F--------------Tr-- a------------------------ r--------------------� I I III III _1 I I PROP. 1" WATER (IRRIGATION) � � � � p� � � � pL — — — PL — — — PL J PROP. 2" WATER -El PROP. 8" WATER _ I I III I I NO EXISTING INFRASTRUCTURE PROP. 8" WATER I II d PROP. 2" WATER DEVELOPMENT PHASE NAME: I � ( MODERN AVIATION HANGAR I DEVELOPMENT EX. 12" WATER _ CPN: 106727 I I II I I II I LOT 14C NO EXISTING INFRASTRUCTURE FORT WORTH MEACHAM II d INTERNATIONAL AIRPORT Q I DEVELOPMENT PHASE NAME: 0 w I I I MODERN AVIATION HANGAR W N al DEVELOPMENT 2 U III I 1006 27 II I I EX. 8" WATER �a I II II I I I III I i�� I -ld__ I --,I ,ate II II II II II II II II II II I II I jl II I I^y PZE OF TFX���, I S ,Il I r CHRIS A. mulab LEGEND y, ...§121s.....P; PROPOSED WATER NAL ENS- � ONAL EXISTING WATER EXHIBIT A WATER IMPROVEMENTS05/27/2026 ----� L-------------------------------- ------------- OWNER / DEVELOPER: ENGINEER: MODERN AVIATION MODERN AVIATION HANGAR NORTH MARK CARMEN HANGAR STEPHEN SCHWIETERMAN 0 100, 646.854.1050 DEVELOPMENT 214.492.3621 PO BOX 9861 CPN : 106727 12750 MERIT DRIVE, SUITE 570 GRAPHIC SCALE AMARILLO, TEXAS, 79105 DALLAS, TEXAS, 75251 DAT : MARCH CHH, 27) 0 6 (S -------------- Tr ---'a ------------------------ T-------------------- 1. � III III ___ pL ___ pL IT m- o I I IL— - PROP.4" SSWR I II I I a 0 NO EXISTING INFRASTRUCTURE I DEVELOPMENT PHASE NAME: MODERN AVIATION HANGAR EX. 8" SSWR DEVELOPMENT CPN: _ 106727 LOT 14C II I NO EXISTING INFRASTRUCTURE FORT WORTH MEACHAM INTERNATIONAL AIRPORT Q II I d DEVELOPMENT PHASE NAME: w I I MODERN AVIATION HANGAR DEVELOPMENT I II I 17 / 0 a _a / I �a I I I III � // I ^a II a / I Ole I / I I I L— — I II II -ld__ I I I I I I I I I I II II II II II II I I I I I I I I II I I OF TFkq ��� I I^y�PtE S ,Il I I r CHRIS A. mulab LEGEND .....P; �, ...§1216 ENSEp.,��1 I PROPOSED SEWER I EXHIBIT B NAL ENS - ��" I EXISTING SEWER � SEWER IMPROVEMENTS �------ ---------------- -------------05/27/22026 NORTH 0 100, GRAPHIC SCALE OWNER/DEVELOPER: MODERN AVIATION MARK CARMEN 646.854.1050 PO BOX 9861 AMARILLO, TEXAS, 79105 MODERN AVIATION HANGAR DEVELOPMENT CPN: 106727 ENGINEER: LOCHNER STEPHEN SCHWIETERMAN 214.492.3621 12750 MERIT DRIVE, SUITE 570 (SHEET 3 OF 7) DALLAS, TEXAS, 75251 DATE: MARCH, 2026 F--------------- r---ia------------------------ r--------------------- 1 I I III III 1 I o-------- I III a O 0 O NO EXISTING INFRASTRUCTURE DEVELOPMENT PHASE NAME: MODERN AVIATION HANGAR DEVELOPMENT CPN: 106727 II PROP. ADA BARRIER -FREE RAMP PROP. ADA BARRIER RAMP -FREE LOT 14C II I NO EXISTING INFRASTRUCTURE FORT WORTH MEACHAM INTERNATIONAL AIRPORT 0 Q I I I d DEVELOPMENT PHASE NAME w I I MODERN AVIATION HANGAR w I DEVELOPMENT I W III 1006 27 /� Oa/^a I 0� I PROP. ADA BARRIER -FREE RAMP / �a �a I I // I I I / I I I I I II II 1 1 II II II II Id__ ��a/ I I I I I I I I I II I II II II II II I I I I I OF TFkq ��� I I^y�PtE S ,Il I I r CHRIS A. mulab LEGEND .....P; �, ...§1216 ,f 190T(�CENSEO .. R.O.W. PAVEMENT EXHIBIT C SIDEWALK BY DEVELOPER PAVING IMPROVEMENTS 05/27/2026 L----------------------------------------------------------------- J NORTH 0 100, GRAPHIC SCALE OWNER/DEVELOPER: MODERN AVIATION MARK CARMEN 646.854.1050 PO BOX 9861 AMARILLO, TEXAS, 79105 MODERN AVIATION HANGAR DEVELOPMENT CPN: 106727 ENGINEER: LOCHNER STEPHEN SCHWIETERMAN 214.492.3621 12750 MERIT DRIVE, SUITE 570 (SHEET 4 OF 7) DALLAS, TEXAS, 75251 DATE: MARCH, 2026 -- ----------------- — — III I II d O NO EXISTING INFRASTRUCTURE } DEVELOPMENT PHASE NAME: MODERN AVIATION HANGAR I DEVELOPMENT I _ CPN: 106727 I I III — I I I I I I I I II I LOT 14C tE OF TFkh�� I I NO EXISTING INFRASTRUCTURE FORT WORTH MEACHAM I ^ �P...............9 1 INTERNATIONAL AIRPORT I I 0_ DEVELOPMENT PHASE NAME: v CHRIS A. WHITFIELD I € I MODERN AVIATION HANGAR �i--91216� I DEVELOPMENT W IIV90 (�CENSEO..'�Qr� Z.N CPN: 106727 -0 I C� - C) III 05/27/2026 / �a I I III I /tea/ I / I I II` II I II I II �I I I II I I II I I I I I I PROP. DETENTION POND I I II I I I II I I II I II I I II I �I II I LEGEND , PROPOSED STORM EXHIBIT D I EXISTING STORM STORM DRAIN IMPROVEMENTS L----------------------------------------------------------------- J OWNER / DEVELOPER: ENGINEER: MODERN AVIATION MODERN AVIATION HANGAR MARK CARMEN HANGAR STEPHEN SCHWIETERMAN 0 1GO' 646.854.1050 DEVELOPMENT 214.492.3621 PO BOX 9861 CPN: 106727 12750 MERIT DRIVE, SUITE 570 GRAPHIC SCALE AMARILLO, TEXAS, 79105 DALLAS, TEXAS, 75251 (SHEET 5 OF 7) DATE. MARCH. 2M SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Modern Aviation Construction of Box Hangars, Offices, and Apron CPN # 106727 Bidder's Application 00 42 43 BID PROPOSAL P.p 1 oft Project Item Information Bidders Proposal Bidlis[ Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Division 32 - Ing Improvements 1 0241.0500 Remove Fence 0241 13 LF 506 $4.00 $2,024.00 2 0241.0900 Remove Misc Con; Structure 0241 13 LS 2 $400.00 $800.00 3 0241.1000 Remove Cone Pvmt 0241 15 SY 196 $135.00 $26,460.00 4 0241.1100 Remove Asphalt Pvmt 0241 15 SY 2.174 $16.00 $34,784.00 5 0241.1300 Remove Cone Curb& Gutter 0241 15 LF 216 $15.00 $3 240.00 6 3211.0400 Hvdrated Lime 32 11 29 TN 11 $18.00 $198.00 7 13213.0101 6" Cone Pvmt 32 13 13 SY 819 $55.00 $45,045.00 8 3216.0101 6" Conc Club and Gutter 32 16 13 LF 388 $8.00 $3,104.00 9 3217.4201 Fire Lane Markin, 32 1723 LF 341 $0.80 $272,80 10 3291.0100 Topsoil 3291 19 CY 1.087 $ ] 6.25 $17,663.75 11 3292.0100 Block Sod Placement 329213 SY 13,049 $3.15 $41,104.35 13 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 7,728 $5.50 $42,504.00 14 3124.0101 Embankment by Plan 31 24 00 CY 600 $5.50 $3,300.00 15 0170.0100 Mobilization 01 70 00 LS 1 $43,000.00 $43,000.00 16 0171.0101 Construction Staking: O] 7] 5LS 1 $7,500001 $7,500.00 Total: Division 32 - Paving ImprovementsImprovementsl $270 999.90 Division 33 - Utilities - Water Im rovemeots 1 3305.0109 Trench Safeh 3305 10 LF 110 $4.00 $440.00 2 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 1 $1,010.00 $1,010.00 3 3311.0261 8" PVC Water Pipe 33 11 12 LF ] ]0 $43.00 $4,730.00 4 3311.0263 8" PVC Water Pipe, Select Backfill 33 11 12 LF 110 $43.00 $4,730.00 5 3312.2003 I" Water Service (Irrii!ation 1 33 12 10 EA 1 $4,600.00 $4,600.05 6 3312.2203 2" Water Service (Domestic) 33 12 10 EA 2 $3,120.00 $6,240.00 7 3312.3003 8" Gate Valve 33 1220 1 EA 2 $2,680.001 $5,360.00 8 13312.4107 12" x 8" Tapping Sleeve & Valve 33 1225 1 EA 2 $5,800.001 $11,600.00 Total: Divison 33 - Utilities - Water Improvements $38,710.00 Division 33 - Utilities - Sanitary Sewer Improvements 1 3331.3102 4" 2-Wa% Cleanout 33 3150 EA 1 $770.00 $770.00 2 3331 A101 4" Sewer Pipe 33 11 10,33 31 20 1 LF 102 $36.001 $3,672.00 3 13331.4103 4" Sewer Pipe, Select Backf2l] 33 11 10, 33 3120 1 LF 102 $36.001 $3,672.00 Total: Divison 33 - Utilities - Sanitary Sewer ImprovementsImprovementsi $8,114,00 Division 33 - Utilities - Drainage Improvements 1 10241.0800 Remove Rip Rai, i 221111 13 SF 786 $10.00 $7,860.00 2 3341.0103 18" RCP Class III 334110 LF 1 89 1 $64.001 $5,696.00 Total: Divison 33 - Utilities -Draina a Improvements 1 $13,556.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9I92025 Modem Aviation Construction of Box Hangars, Offices, and Apron CPN # 106727 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Modern Aviation Construction of Box Hangars, Offices, and Apron CPN # 106727 Bidder's Application 00 42 43 Bm PROPOSAL Page 2 oft Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Bid Summary Total: Division 32 - Paving Improvements $270,999.90 Total: Divison 33 - Utilities - Water Improvements $38 710,00 Total: Divison 33 - Utilities - Sanitary Sewer Improvements $8,114.00 Total: Divison 33 - Utilities - Drainage Improvements $13,556.00 Total Bid $331,379.90 Contractor Name: Peinado Construction City, State, Zip Code: 15815 Executive Drive #500 Phone: Frisco, TX 75053 214-200-9140 Contractor agrees to complete WORK for FINAL ACCEPTANCE �Ithin CONTRA('T commences to run as pros ided in the General Conditions. Digitally signed by Steve Sexton DN: C=US, E-steveV apeinado.com, Steve Sexton O.FA Peinado Construction, OU=Project Director, CN=Steve Sexton Date: 2026.06.09 1322- 7.05'00' By: - at Tide: Date: END OF SECTION 35 5,orking da'Ns CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/19/2025 Modem Aviation Construction of Box Hangars, Offices, and Apron CPN # 106727 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Modern Aviation, Inc. Subject of the Agreement: CFA26-0063 - Modern Aviation (Water, Sewer, Paving, & Storm Drain) M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 106727 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.