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HomeMy WebLinkAboutContract 63852CSC No. 63852 LICENSE AGREEMENT FOR USE OF CITY PROPERTY FOR APRON BRAVO & TAXIWAY GOLF RECONSTRUCTION TEMPORARY BATCH PLANT This License Agreement ("Agreement") for the use of City of Fort Worth property is made and entered into by and between the City of Fort Worth, Texas, a home -rule municipal corporation of the State of Texas ("City"), and Ed Bell Construction Company ("Licensee"). WHEREAS, construction of the Apron Bravo and Taxiway Golf Reconstruction project ("Project") is currently underway at Meacham International Airport ("Airport"); WHEREAS, City owns a certain piece of property commonly referred to as the Noise Land Property located on the southwest side of the Airport ("Property"); WHEREAS, Licensee has requested, and the City agrees to grant to Licensee, the use of approximately 1.5 acres of the Property ("Premises") for a temporary concrete batch plant ("Premises Activities") for the Project in accordance with the terms and conditions of the Project Contract, Project Plans, and this Agreement. WITNESSETH: 1. Premises. City hereby grants Licensee the non-exclusive license to use approximately 1.5 acres of the Property ("Premises") as further described in Exhibit "A". Under no circumstances during the Agreement will Licensee use or cause to be used on the Premises any hazardous or toxic substances or materials, or store or dispose of any such substances or materials on the Premises; provided that the presence of fuel, engine oil and hydraulic fluids used for or stored in equipment on the Premises will not be deemed a violation of this Section. For the avoidance of doubt, "hazardous or toxic substances" shall mean any substance characterized as such under section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended. Licensee will have access to the Premises 24 hours a day, 7 days a week. Licensee shall maintain security of Premises by monitoring gates and other access points when on -site and ensure all gates and access points are locked and secure prior to leaving the Premises. 2. Condition of Premises. Licensee taking possession of the Premises shall be conclusive evidence that (a) the Premises are suitable for the purposes and uses for which same are licensed; and (b) Licensee waives any and all defects in and to the Premises. Further, Licensee takes the Premises in "AS IS" condition without warranty, expressed or implied, on the part of City. City shall not be liable to Licensee, Licensee agents, employees, invitees, other licensees, or guests for any damage to any person or property due to the Premises thereof being improperly constructed or being or becoming in disrepair. 3. Term. The Term of this Agreement shall commence on the date of its full execution ("Effective Date") and expire six months after the Effective Date. 4. Consideration The Licensee will be using the Premises for Premises Activities for the Project; therefore, Licensee shall have all fees waived by the City for access to the Premises. In lieu of fees, Licensee agrees to restore the disturbed area of the Premises with additional clearing, grading, seeding and beautification, as well as clearing, grading, and beautification on various areas around the Property as more OFFICIAL RECORD License Agreement between the City of Fort Worth and Ed Bell Construction Company CITY SECRETARY FT. WORTH, TX -1- generally described in Exhibit `B". 5. No Services. City shall not furnish Licensee with any utilities, cleaning, lighting, security, or any other items or services for the Premises. All operating costs of Premises shall be Licensee sole cost and expense. If Licensee wants or needs any utilities, cleaning, lighting, security, or any other items or services while occupying the Premises, then Licensee shall first obtain permission and approval from the City to contract, add or install any of the above items and will be responsible for providing same at Licensee's sole cost. 6. Alterations, Additions, Improvements, and Signage. Licensee shall only make alterations on or additions to the Premises necessary for the temporary concrete batch plant. No other alterations on or additions to the Premises are permitted without the prior written consent of City, including but not limited to installation of fencing, lighting, and gates on or around the Premises. Any alterations made to the Premises by the Licensee shall be at Licensee's sole cost and expense and shall not interfere with the operations of other users and/or other operations at the Property. If interference occurs, Licensee will make changes and/or remove the alteration to remedy said interference within 5 days of notice from City. All alterations, additions and improvements made to fixtures or other improvements placed in or upon the Premises shall be deemed a part of the Premises and the property of City at the end of the Agreement Term. All such alterations, additions, improvements, and fixtures shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Agreement. Licensee may at its sole option and expense remove any Licensee alterations at any time during the Term with City approval. At the termination of this Agreement, whether by lapse of time or otherwise, Licensee shall (i) deliver the Premises to City in as good a condition as the same was as of the date of the taking of possession thereof by Licensee, and (ii) upon City request, remove any alterations and make any repairs to the Premises as needed in order to comply with the provisions of Section 13 below. 7. Indemnity. (a) LICENSEE SHALL AND DOES AGREE TO INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS CITY, CITY'S OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES, (INCLUDING REASONABLE COURT COSTS, REASONABLE ATTORNEYS' FEES AND REASONABLE COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION TO THE EXTENT ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE USE OR OCCUPANCY OF THE PREMISES BY LICENSEE, ITS EMPLOYEES, AGENTS AND LESSEES OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED BY ANY ACT OR OMISSION ON THE PART OF LICENSEE OR ANY LESSEE, EMPLOYEE, DIRECTOR, OFFICER, SERVANT, OR CONTRACTOR OF LICENSEE OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF LICNESEE UNDER THIS AGREEMENT (COLLECTIVELY, "LIABILITIES"), EXCEPT TO THE EXTENT ARISING OUT OF OR RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE. IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST ANY INDEMNITEE IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, LICENSEE, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT LICENSEE EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL ACTIVITIES OF LICENSEE WITH RESPECT TO THE USE AND OCCUPANCY OF THE PREMISES, WHETHER OCCURRING BEFORE OR AFTER THE COMMENCEMENT DATE License Agreement between the City of Fort Worth and Ed Bell Construction Company -2- OF THE LICENSE TERM AND BEFORE OR AFTER THE TERMINATION OF THIS AGREEMENT. THIS INDEMNIFICATION SHALL NOT BE LIMITED TO DAMAGES, COMPENSATION OR BENEFITS PAYABLE UNDER INSURANCE POLICIES, WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEES' BENEFIT ACTS. (b) IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH 7, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL CONTINUE IN FULL FORCE AND EFFECT. 8. Waiver of Liability. ALL VEHICLES AND ALL PERSONAL PROPERTY WITHIN VEHICLES USING THE PREMISES, WHETHER PURSUANT TO THIS AGREEMENT OR OTHERWISE SHALL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEES SHALL BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO PROPERTY OF LICENSEE, ITS EMPLOYEES, AGENTS, PATRONS, INVITEE, OR TO OTHERS, REGARDLESS OF WHETHER SUCH PROPERTY IS ENTRUSTED TO EMPLOYEES OF CITY OR SUCH LOSS OR DAMAGE IS OCCASIONED BY CASUALTY, THEFT OR ANY OTHER CAUSE OF WHATSOEVER NATURE, UNLESS DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. 9. Insurance. Licensee shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified herein, which liability policy shall name the City of Fort Worth as an additional insured and covering all public risks related to the leasing, use, occupancy, maintenance, existence or location of the Premises. Licensee shall obtain the following insurance coverage at the limits specified herein: * Commercial General Liability: $600,000.00 per occurrence (Including Products and Completed Operations); In addition, Licensee shall be responsible for all insurance to any personal property of Licensee or in Licensee's care, custody or control. Licensee is allowed to self -insure without the prior written consent of City. Any self -insured retention or other financial responsibility for claims shall be covered directly by Licensee in lieu of insurance. 10. Abandoned Property. Licensee's personal property not promptly removed by Licensee from the Premises at the termination of this Agreement, whether termination shall occur by the lapse of time or otherwise, shall thereupon be conclusively presumed to have been abandoned by Licensee to City. Fixtures attached to the Premises become the property of City, if not removed as required herein. 11. Damage to Premises or Property of City. If, at any time during the Agreement Term, by the acts of omissions of the Licensee, its employees, agents, other licensees, the Premises, or any property therein is damaged or destroyed, Licensee shall be obligated to pay, on demand, all costs to repair same together. License Agreement between the City of Fort Worth and Ed Bell Construction Company -3- 12. Repairs and Maintenance. City has no obligation to make repairs of any sort to the Premises, City's sole obligation hereunder being to make the Premises available to Licensee in accordance with and subject to the covenants, restrictions and limitations set forth herein. Licensee shall, at its expense, use and maintain the Premises in a neat, clean, careful, safe, and proper manner including but not limited to any snow and/or ice removal, and comply with all applicable laws, ordinances, orders, rules, and regulations of all governmental bodies (state, county, federal, and municipal). At no time may there be any maintenance of any trailers or trucks within the Premises or Property and if a spill of any nature takes place arising from the actions of Licensee, Licensee must notify the Airport immediately and is responsible for all required clean up and repairs to the extent arising from the spill. 13. Severability. If any clause or provision of this Agreement is or becomes illegal, invalid or unenforceable because of present or future laws or any rule or regulation of any governmental body or entity, effective during the Term, the intention of the parties hereto is that the remaining parts of this Agreement shall not be affected thereby unless such invalidity is, in the sole determination of the City, essential to the rights of both parties, in which event City has the right, but not the obligation, to terminate the Agreement on written notice to Licensee. 14. Default and Termination. (a) Licensee Default. If Licensee fails to perform or observe any of its obligations hereunder then City may terminate this Agreement by giving Licensee twenty (20) days prior written notice thereof. Licensee's failure to comply with the terms of a permit to conduct Premises Activities issued by any federal, state, or local governmental body shall trigger the provisions of this section. If Licensee fails to cure such default within fifteen (15) days of receipt of City's default notice than this Agreement and all interest of Licensee hereunder shall automatically terminate, but if Licensee does so cure such default within said 15 days, City's termination notice will be deemed withdrawn. Such rights of City in the case of a default by Licensee hereunder are not exclusive, but are cumulative of all other rights City may have hereunder, at law or in equity; and any one or more of such rights may be exercised separately or concurrently to the extent provided by law. (b) City's Default. Should City commit a default under this Agreement., Licensee may terminate this Agreement by giving City twenty (20) days prior written notice thereof. If City fails to cure such default within fifteen (15) days of receipt notice, then Licensee may terminate this Agreement. Such rights of Licensee in the case of a default by City hereunder are not exclusive, but are cumulative of all other rights Licensee may have hereunder, at law or in equity; and any one or more of such rights may be exercised separately or concurrently to the extent provided by law. (c) Termination by Convenience. Either party may terminate this Agreement with 60 day written notice to the other party. 16. Notice. Any notice hereunder must be in writing. Notice deposited or sent by nationally recognized overnight courier service, such as, but not limited to, Federal Express, by certified mail with return receipt requested, or by express mail properly addressed, postage paid, shall be effective -upon deposit. Notice given in any other manner herein shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall, unless changed as hereinafter provided, be as follows: License Agreement between the City of Fort Worth and Ed Bell Construction Company -4- To City: To Licensee: City of Fort Worth Ed Bell Construction Company Aviation Department Attn: Steven Priddy 201 American Concourse, Suite 330 10605 Harry Hines Boulevard Fort Worth, TX 76106 Dallas, TX 75220 With a copy to: With a copy to: City Attorney City of Fort Worth 100 Fort Worth Trail Fort Worth, TX 76102 The parties hereto shall have the continuing right to change their respective address by giving at least ten (10) days' notice to the other party. 18. Entire Agreement. This Agreement constitutes the entire agreement between City and Licensee relating to the use of the Premises and no prior written or oral covenants or representations relating thereto not set forth herein shall be binding on either party hereto. 19. Amendment. This Agreement may not be amended, modified, extended, or supplemented except by written instrument executed by both City and Licensee. 20. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which shall constitute but one and the same document. 21. Additional Requirements. During the Term of this Agreement, the Licensee shall comply with all requirements outlined in the Project contract and plans and obtain all necessary permits from applicable governmental authorities (federal, state, county and municipal), including, but not limited to the Texas Commission on Environmental Quality ("TCEQ"). Additionally, the Licensee must provide: • Approved site plan and haul route • Approved Stormwater Pollution Prevention Plan (SWPPP) • Proof of a State Environmental Permit issued by the TCEQ for the operation of the temporary concrete batch plant • Proof of submission of Federal Aviation Administration (FAA) Form 7460-1 to the FAA for a Part 77 Airspace Obstruction Analysis, with a determination of no impact to navigable airspace. (SIGNATURES APPEAR ON FOLLOWING PAGE) License Agreement between the City of Fort Worth and Ed Bell Construction Company ME In witness whereof, the parties hereto have caused this Lease to be executed with the effective date as 08/22/2025 CITY: CITY OF FORT WORTH W44---/L By: Valerie Washington (Aug 22, 202510:51:02 CDT) Valerie Washington Assistant City Manager Date: 08/22/2025 APPROVAL RECOMMENDED BY: Roger Venables Director, Aviation LICENSEE: ED BELL C CTION COMPANY By: Steven i dy Presi e Date: '0Z1! Z. 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. By: z Tyler Dale Capital Projects Manager APPROVED AS TO FORM AND LEGALITY: cand"e- F�gGara By: c��da«Pa���a (no 2,2o2s o�aza( CDT; Candace Pagliara Assistant City Atto p oF00000 00 �aaa l.o �O9�°d 4 OVo °=d ATTEST: L�A.nn�va. % ���' TEXA5o4p Ilbnaoa44 By: U Jannette Goodall City Secretary CONTRACT AUTHORIZATION: M&C: N/A Form 1295: N/A License Agreement between the City of Fort Worth and Ed Bell Construction Company -6- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1249 — Meacham Airport Batch Plant Site ATTACHMENT "A" ,F I�ftmffiawlw Batch House Wa1 Scale N 9in9 L— E X %' S, N < O 1� m 0 p� a X Bins i Rock Stock Pile Iw rUL 16 r e,# i 1.1`ti r �f��F� 114f'r Ir Chary [ant Site I Is FORT WORTH Routing and Transmittal Slip Aviation Department DOCUMENT TITLE: License Agreement: Meacham Airport Temporary Concrete Batch Plant M&C CPN DATE: 8/21 /2025 TO: 1. Aaron Barth 2. Roger Venables 3. Candace Pagliara 4. Valerie Washington 5. Jannette Goodall 59 CSO # DOC# INITIALS DATE OUT ^^pp 08/21/2025 Aaron Barth 08/21/2025 R e Venables GP 08/22/2025 08/22/2025 <U 08/22/2025 ' -tte Goodall DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ❑x No RUSH: ❑ Yes ® No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: ❑x Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information 1 Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Please call Tyler Dale at ext. 5416 for pick up when completed. Thank you.