HomeMy WebLinkAboutContract 31347 CITY SECRETARY aL
CONTRACT NO. `
LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
TRIS LICENSE AGREEMENT ("Agreement") is made and entered effective as of the
31. day of2005, by and between United States Postal Service ("Postal
Service") and the City o Fort Worth ("City").
WITNESSETH:
WHEREAS, City is reconstructing and redeveloping Lancaster Avenue;
WHEREAS, as part of the redevelopment of the Lancaster Avenue, the City would like
to close three of the existing entrances to the post office parking area permanently and construct
new ones to correct traffic flows on Lancaster;
WHEREAS, Postal Service 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, Postal Service has agreed to give City a License for access, ingress and
egress over, across and along a portion of the Property for the purpose of closing existing
entrances in exchange for constructing driveway improvements and collection box island
improvements shown on attached Exhibit `B" ("Post Office Improvements"), such
improvements are for the benefit of the Postal Service. The locations of the Licensed Area are
described in Exhibit "A" attached hereto and made a part hereof for all subject to the limitations
hereinafter contained ("Licensed Area").
NOW, THEREFORE, for and in consideration of constructing Post Office
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. Postal Service, as owner of the Property, does hereby grant
unto the City, 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 and construction in the Licensed Area for the purpose of constructing
Post Office Improvements; subject, however, to the covenants herein set forth, all of
which shall be covenants running with the Property. The License will expire in 12
months or when the Improvements are completed, whichever comes first. All work on
the USPS east side customer parking area is to be completed to the satisfaction of the
USPS within 90 days from the date the work begins.
CITY SN�DRY
02-14-05A10 :27 RCVD ��, 1�1ONTH VEX
2. NON-EXCLUSIVITY. The License and other rights and benefits herein created are not
exclusive, and Postal Service hereby reserves the right to grant such other licenses or
easements, rights, benefits, or privileges to such persons and for such purposes as Postal
Service in its discretion may elect, so long as such purposes do not interfere with the
License Area and other rights and benefits granted herein to City.
3. INSURANCE. City shall not enter the Property and commence construction of the
Improvements until its contractors have obtained the following insurance coverage and
shown proof of such coverage to Postal Service:
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. Postal Service, 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 Postal Service."
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iii. 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 City).
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. NO HAZARDOUS OR TOXIC SUBSTANCES. Under no circumstances during the
term of this License shall City use or cause to be used any hazardous or toxic substances
or materials, or store or dispose of any such substances or materials on the Property.
6. LIENS. City 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, City must either cause it to be removed or, if City in
good faith wishes to contest the lien, take timely action to do so, at City's sole expense.
7. GOVERNING LAW. This Agreement shall be construed in accordance and governed
by Federal Law and any applicable 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 URISDICTION. 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
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lie in Federal 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 Federal law and any applicable 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. City shall perform all work and services hereunder
as an independent contractor, and not as an officer, agent, servant or employee of the
Postal Service. City 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 Postal Service, its officers, agents,
employees and subconsultants (or subcontractors), and doctrine of respondent superior
has no application as between the City and Postal Service.
15. COMPLIANCE WITH LAW. City, 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 Postal Service calls the attention of City to any such violations on the
part of City, its officers, agents, employees, contractors or subcontractors, then City 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.
UNITED STATES POSTAL SERVICE, an
independent establishment in the executive
branch of the government of the United
States
By:-J�&
Printed Name: IVMK6,
Title: &J77*fC17A& /C69—
MYORT WOR
Assistant ty Mana er �—
APPRO D AS TO FORM
Assistant City Attorney
ATTEST:
M- az& boA-
City Secretary
A.uthori za OR
Date
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Uo JNMI
fUII YFL I Cs
ACKNOWLEDGMENT
STATE OF—rk S §
3
COUNTY" OF P41A5 §
On this "J� day of 2005, before me personally
appeared_ 469AY:M0K,5 to me perso ally known, who, being by me duly sworn,
did say that he is a I)ft OMC&— of the UNITED STATES POSTAL SERVICE,
an independent establishment in the executive branch of the government of the United States,
and that the foregoing instrument was signed on behalf of said entity, by authority of its
Contracting Officer, and further acknowledged said instrument to be the free act and deed of said
entity.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the City and State aforesaid, the day and year first above written.
SEAL
----------- Notary Public
_�••"•�=; BEA"i RICE M.TROTMAN
env COMMISSION EXPIRES
maty 13,2006
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on2005,
by `1'yJ a r c_. %?4gof the City
of Fort Worth, on behalf of the City of Fort Worth.
=HETTIELANE
No ary Public, State of Texas
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Page 1 cpf2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/25/2005
DATE: Tuesday, January 25, 2005
LOG NAME: 30USPS4007 REFERENCE NO.: **L-14026
SUBJECT:
Authorization to Enter into a License Agreement with the United States Postal Service for Parking
Lot Improvements at 251 West Lancaster Avenue Near the Central Business District (DOE 4007)
RECOMMENDATION:
It is recommended that the City Council:
Authorize the City Manager to enter into a license agreement with the United States Postal Service (USPS)
wherein, in consideration of the City redesigning and reconstructing the collection box island and customer
parking area at a cost to the City of$60,440, USPS agrees to:
A. The permanent removal of three driveway entrances and the construction of two new driveway
entrances into its property along West Lancaster Avenue;
B. Grant the City access to the property for the purpose of constructing the USPS collection box
island and customer parking; and
C. Grant the City access to the property for the purpose of driveway reconstruction at the northwest
corner of the property.
DISCUSSION:
Currently, the City is in the process of redeveloping and reconstructing Lancaster Avenue. Three existing
entrances into the post office parking area located east of the USPS building along Lancaster Avenue will
be permanently closed in connection with the Lancaster Avenue redevelopment project. Two new entrances
will be constructed. One will connect to the proposed Throckmorton Street realignment and the second will
connect to the proposed Houston Street realignment.
The proposed changes to the driveway entrances will create traffic flow conflicts within the USPS existing
customer parking area and to the existing mail drop boxes used by customers. Under the terms of the
license agreement, in consideration of USPS allowing the closing of existing driveways, the City agrees to
redesign and reconstruct the collection box island and customer parking area as shown on Attachment 'A'
to correct traffic flow issues within the parking area. The driveway at the northwest corner of the property
will require reconstruction as shown on Attachment'B'to adjust for the grade change of Lancaster Avenue.
The term of the license agreement is one year from the commencement of construction on USPS property.
The construction cost is estimated at$45,440 and the design costs are estimated at $15,000.
The property is owned by USPS and is located at 251 West Lancaster Avenue, Tracts 4A, 4S and 4W,
Abstract 250, John Childress Heirs Survey, Tarrant County.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/26/2005
Page 2 of 2
The property is located in COUNCIL DISTRICT 9, Mapsco 77A.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Critical Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C116 54110 030116021101 $60,440.00
Submitted for City Manager's Office-W. Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
http://www.cf\vnet.org/council_packet/Reports/mc_print.asp 1/26/2005