HomeMy WebLinkAboutContract 30899 LICENSE AGREEMENT
THE STATE OF TEXAS §
§ CITY SECRETAR
COUNTY OF TEXAS § CONTRACT NO.
THIS LICENSE AGREEMENT ("Agreement") is made and entered effective as of the
day of MG,rem 2004, by and between Westfork Pipeline Company, L. P..
("Westfork") and the City of Fort Worth ("City").
WITNESSETH:
WHEREAS, City is the owner of that certain tract of land situated in the City of Fort
Worth, Tarrant County, Texas, which is more particularly described in Exhibit "A" attached
hereto and made a part hereof for all purposes (hereinafter referred to as the "Property").
WHEREAS, City has agreed to give Westfork a License for access, ingress and egress
over, across and along a portion of the Property for the purpose of constructing walking trail
improvements ("Improvements") described in Exhibit "B"for the benefit of the City of Fort
Worth, such License to be in the locations described in Exhibit "C" attached hereto and made a
part hereof for all subject to the limitations hereinafter contained.
NOW, THEREFORE, for and in consideration of constructing walking trail
<. improvements and other good and valuable consideration paid, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. GRANT OF LICENSE. City, as owner of the Property, does hereby grant unto the
Westfork, its legal representatives and successors, a nonexclusive License (hereinafter
referred to as the "License") for the temporary, non-exclusive right of access, ingress and
egress for Westfork, its Construction Contractors and subcontractors along that portion of
the Property for the purpose of constructing walking trail Improvements; subject,
however, to the covenants herein set forth, all of which shall be covenants running with
the Property. The License will expire in months or when the Improvements
are completed.
2. NON-EXCLUSIVITY. The License and other rights and benefits herein created are not
exclusive, and City hereby reserves the right to grant such other licenses or easements,
rights, benefits, or privileges to such persons and for such purposes as City in its
discretion may elect, so long as such purposes do not unreasonably interfere with the
License Area and other rights and benefits granted herein.
3. INSURANCE. Westfork shall not enter the Property and commence construction of the
Improvements until it has obtained the following insurance coverage and shown proof of
such coverage to City:
A. Commercial General Liability(CGL) Insurance Policy
$1,000,000 each occurrence
$2,000,000 aggregate limit
B. Automobile Liability Insurance Policy
$1,000,000 each accident on a combined single limit basis
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non-owned.
C. Workers' Compensation Insurance Policy
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease -policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas workers' Compensation
Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits
for Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee
D. POLICY REQUIREMENTS
i. The City of Fort Worth, its Officers, Employees and Volunteers shall be
named as an Additional Insured. Exception... the additional insured status
does not apply to Workers' Compensation policies.
ii. Forty-five (45) days notice of cancellation or non-renewal. The following
clause is required: "This insurance shall not be canceled, limited in scope or
coverage, cancelled or non-renewed, until after forty-five (45) days prior
written notice has been given to the City of Fort Worth."
iii. Wavier of rights of recovery(subrogation) in favor of the City of Fort Worth.
iv. The insurers for all policies must be licensed/approved to do business in the
State of Texas and have a minimum rating of A: VII in the current A. M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
V. The City, at its sole discretion, reserves the right to review the insurance
requirements and to make reasonable adjustments to insurance coverages and
their limits when deemed necessary and prudent by the City based upon
changes in statutory law, court decision or the claims history of the industry
as well as of the contracting party to the City of Fort Worth. The City shall
be required to provide prior notice of ninety(days).
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vi. The City shall be entitled, upon request and without expense, to receive
copies of policies and endorsements thereto and may make any reasonable
requests for deletion or revision or modifications of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are
established by law or regulations binding upon either of party or the
underwriter on any such policies.
4. INTERFERENCE. The License granted shall be used and enjoyed in such a manner as
to cause the least possible interference with the conduct and operation of the business at
any time existing on the Property, or any portion thereof.
5. INDEMNITY. WESTFORK AGREES TO DEFEND, INDEMNIFY AND HOLD
THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES,
HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS,
COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY
RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i)WESTFORK'S
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS LICENSE OR
THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO
ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE
CITY OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE
CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT
NEGLIGENCE OF BOTH WESTFORK AND CITY, RESPONSIBILITY, IF ANY,
SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH
THE LAWS OF THE STATE OF TEXAS.
6. NO HAZARDOUS OR TOXIC SUBSTANCES. Under no circumstances during the
term of this License shall Westfork use or cause to be used or any hazardous or toxic
substances or materials, or store or dispose of any such substances or materials on the
Property.
7. Liens. Westfork will not cause or permit any mechanics' liens or other liens to be filed
against the Property by reason of any work, labor, services, or materials supplied or
claimed to have been supplied to Licensee. If such a mechanic's lien or materialman's
lien is recorded against the Property, Westfork must either cause it to be removed or, if
Westfork in good faith wishes to contest the lien, take timely action to do so, at
Westfork's sole expense. If Westfork contests the lien, Westfork will indemnify City and
hold it harmless from all liability for damages occasioned by the lien or the lien contest
and will, in the event of a judgment of foreclosure on the lien, cause the lien to be
discharged and removed before the judgment is executed.
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8. GOVERNING LAW. This Agreement shall be construed in accordance and governed
by the laws of the State of Texas.
9. CONTRACT CONSTRUCTION. The parties acknowledge that each party and, if it so
chooses, its counsel have reviewed and revised this Agreement and that the normal rule
of construction to the effect that any ambiguities are to be resolved against the drafting
party must not be employed in the interpretation of this Agreement or any amendments or
exhibits hereto.
10. NO THIRD-PARTY BENEFICIARIES. This Agreement shall inure only to the
benefit of the parties hereto and third persons not privy hereto shall not, in any form or
manner, be considered a third party beneficiary of this Agreement. Each party hereto
shall be solely responsible for the fulfillment of its own contracts or commitments.
11. SEVERABILITY. The provisions of this Agreement are severable, and if any word,
phrase, clause, sentence, paragraph, section or other part of this Agreement or the
application thereof to any person or circumstance shall ever be held by any court of
competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of
this Agreement and the application of such word, phrase, clause, sentence, paragraph,
section, or other part of this Agreement to other persons or circumstances shall not be
affected thereby and this Agreement shall be construed as if such invalid or
unconstitutional portion had never been contained therein.
12. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in
equity, arises on the basis of any provision of this Agreement, venue for such action shall
lie in state courts located in Tarrant County, Texas or the United States District Court for
the Northern District of Texas—Fort Worth Division. This Agreement shall be construed
in accordance with the laws of the State of Texas.
13. ASSIGNMENT. Neither party hereto shall assign, sublet or transfer its interest herein
without prior written consent of the other party, and any attempted assignment,
sublicense or transfer of all or any part hereof without such prior written consent shall be
void.
14. INDEPENDENT CONTRACTOR. Westfork shall perform all work and services
hereunder as an independent contractor, and not as an officer, agent, servant or employee
of the City. Westfork shall have exclusive control of, and the exclusive right to control
the details of the work performed hereunder, and all persons performing same, and shall
be solely responsible for the acts and omissions of its officers, agents, employees and
subconsultants (or subcontractors). Nothing herein shall be construed as creating a
partnership or joint venture between the City and Westfork, its officers, agents,
employees and subconsultants (or subcontractors), and doctrine of respondent superior
has no application as between the City and Westfork..
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15. COMPLIANCE WITH LAW. Westfork, its officers, agents, employees, contractors
and subcontractors, shall abide by and comply with all laws, federal, state and local,
including the Charter and all ordinances, rules and regulations of the City. It is agreed
and understood that, if City calls the attention of Westfork to any such violations on the
part of Westfork, its officers, agents, employees, contractors or subcontractors, then
Westfork shall immediately desist from and correct such violation.
16. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement,
the City does not waive or surrender any of it governmental powers.
17. COUNTERPARTS. This Agreement may be executed in several counterparts, all of
which when taken together shall constitute one and the same agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of
the date first above written in Fort Worth, Tarrant County, Texas.
W FORK PIPELINE COMPANY, P. CITY OF RT WORTH
y nn
Assistant City anager
APPROVED AS TO FORM
Assistant City Attorney
ATTEST:
��A City Secretary
Author i zat.ox
ACKNOWLEDGMENT
STATE OF TEXAS S.
D A i,L,k5
COUNTY OF T-ARR*N-T §
This instrument was acknowledged before me on Noyern b eR yam, 2004,
e ju P-4
by �dl,�Retieg B, )cLQp P(Iesid��- off' West Net Pipel'ae Corrll +tju nA i'i-�4�I
Westfork Pipeline Company, L. P., on behalf of said corporation.
HEATHER M.BARCIA
MY COMMISSION EXPIRES
iri
June 1,2006
Nchk Public, State 61f Texas
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on /VcriCPm�Ccs�✓ /� , 2004,
by / !�„a , of the City
of Fort Worth, on behalf of the City of Fort Worth.
..... ,�
r.r Y P
�PR_.�a`•• ROSELLA BARNES
t=° 0: NOTARY PUBLIC '
*�. `*` Not Public, State of Texas
ly• State of Texas
Notary
t'; ofPr Comm.Exp.03-31-2005
6
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Exhibit"A"
Quanah Parker Park, South Tract, deed to the City of Fort Worth filed in the Tarrant
County Deed Records in Volume 12871, Page 510. Such Tract is situated in the J.W.
Haynes Survey, Abstract No A-764 and the J. Blackwell Survey Abstract No. A-149,
City of Fort Worth, Tarrant County Texas.
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NOTE:
CONTROL JOINTS SHALL
BE SPACED AS FOLLOWS: 1/4"x 1"DEEP
6'WALK=6'O.C. CONTROL JOINT
8'WALK=8'O.C. 93 REBAR @ 18"O.C.B.W.
10'WALK=10'O.C.
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III 'I I I—I I—I-.' I I—I 11-...I I---I'♦' I �—I I1-1 I I—I I I�I�1I—
I"MAX.SAND USHION
COMPACTED SUBGRADE COMPACT TO 95%
STANDARD PROCTOR DENSITY AT t 2%
OPTIMIUM MOISTURE CONTENT AS PER ASTM D 698
CONCRETE PAVING WITH CONTROL JOINT 14"RAR
N.T.S. 4.
a
%4"REDWOOD WITH POLYETHLENE
.4 °' BOND,BREAKER TAPE ON TOP.
Q
a
#5 SMOOTH REBAR- O.C. a'
#3 REBAR @ PAINT WITH ASP TIC COMPOUND °
18"O.C.B.W.
4"REDWOOD EXP SION JOINT
p n' EXPANSION CD
v .
II—II! I/IIII I"M 41,
IIMIMI
COMPACTED SUBGRADE COMPACT TO 95%
CONTROL JOINTS SHALL STANDARD PROCTOR DENSITY AT f 2%
BE SPACED AS FOLLOWS: OPTIMIUM MOISTURE CONTENT AS PER ASTM D 698
6'WALK=36'O.C.
8'WALK=40'O.C.
10'WALK=40'O.C. EXPANSION JOINT
AND CHANGE IN DIRECTION N.T.S.
Exhlbit
PARKS AND C° ND COMMUNITY CONTROL / EXPANSION JOINT SCALE: N.T.S.
� '
Mmo SERVICES DEPT. DETAILS FILE N0. 000
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/12/2004
DATE: Tuesday, October 12, 2004
LOG NAME: 80QUANAH TRAIL REFERENCE NO.: G-14543
SUBJECT:
Authorization to Enter into an Agreement with West Fork Pipeline Company to Construct Trail
Improvements at Quanah Parker Park
RECOMMENDATION:
It is recommended that the City Council:
Authorize the City Manager to enter into an agreement with West Fork Pipeline Company for the purpose of
constructing trail improvements at Quanah Parker Park.
DISCUSSION:
On March 3, 2004, the City Council authorized the conveyance of a permanent easement in Quanah Parker
Park to West Fork Pipeline Company for the purpose of installing an 8-inch steel pipeline to gather natural
gas (M&C L-13790). In addition to the conveyance, 0.472 acres of parkland was converted as required by
state law. The standard fee of $39.75 per linear foot was assessed. A total fee of $41,054 was collected
for 1,032.78 feet of permanent pipeline easement.
West Fork Pipeline has requested permission to install one additional 8-inch steel gathering line within the
existing approved easement. The original dimensions, terms and conditions of the easement will remain
the same. As such, no additional conversion of parkland is necessary.
To mitigate any possible inconvenience to the City or park users due to the installation of this additional
pipeline, West Fork Pipeline has agreed to construct up to $15,000 in trail improvements in Quanah Parker
Park. Trail improvements will include construction of additional trails to link existing trails in Quanah Parker
Park to the main stem of the Trinity Trail system. The balance of funds would be used for other trail
amenities which could include rest areas and benches.
Quanah Parker Park is in Council District 4.
7.
r 1�
FISCAL INFORMATION/CERTIFICATION: ` Il
The Finance Director certifies that this action will have no material effect on City
TO Fund/Account/Centers FROM Fund/Account/C enters
Submitted for City Manager's Office by: Libby Watson (6183)
http://www.cfwnet.org/council packet/Reports/mc print.asp 11/5/2004