HomeMy WebLinkAboutContract 41643-A2 Date Received: 01/26/2022 Permit Number: PN21-00190
Time Received: 9:18 AM City Secretary No.: 41643-A2
SECOND AMENDMENT
TO CITY SECRETARY CONTRACT NO.41643
EASEMENT ENCROACHMENT LICENSE AGREEMENT
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 41643,
EASEMENT ENCROACHMENT LICENSE AGREEMENT is made and entered into by and
between the CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas
("City"), acting herein by and through its duly authorized City Manager, Assistant City ]Manager,
or Development Services Department Director, and U.S. General Services Administration
("Grantee") a(n) Federal Government ("Licensee"), acting herein by and through its duly authorized
Contracting Officer.
RECITALS
WHEREAS, City and Grantee made and entered into City Secretary Contract No. 41643 on
April 1", 2011 (the `Agreement"), to authorize the use of the City's Right of Way (ROW) for the
purposes of installing F x V bollards, planters, trees, lighted flag pole, locked pneumatic bollards,
benches, plaques and time capsule within a public right-of-way;
WHEREAS, City and Licensee entered into City Secretary Contract No. 41643- Al on June
III', 2011(the First Amendment"), for the purposes of amending Section 6 of the encroachment
agreement which established a fee that was intended to "defray all cost of inspection and supervision
which City had incurred or would incur as a result of the construction, maintenance, inspection or
management of the encroachments and uses;and
WHEREAS, the parties now wish to amend the Agreement again to include an
additional encroachment which includes locked pneumatic security gate bollards that will be extended
an additional three(3)feet into ROW.
NOW, THEREFORE, City and Licensee, acting herein by and through their duly
authorized representatives,enter into the following Second Amendment to the Agreement as follows:
OFFICIAL RECORD
Second Amendment to CSC 41643 CITY SECRETARY
FT. WORTH, TX
"Exhibit A-V'is hereby attached hereto and incorporated herein to the Agreement,consisting of a
description and depiction of additional encroaching improvements.
2.
The effective date of this Amendment shall be the date of its execution by the City.
3.
All other provisions of the Agreement which are not expressly amended herein shall retrain in full
force and effect.
(Signature Page to Fallow)
Second Amendment to CSC 41643 Page 2 of 5
LICENSOR: LICENSEE:
CITY OF FORT WORTH: U.S. General Services Administration
DJ DJ Ha 21,202217:45 CST)
--
DJ Harrell,Director Name:Lonnie Wrigid
Development Services Title: Contracting Officer
Date: Jan 21,2022 Date: Q//
Approved as to Form and Legality: Attested by:
����
�a�.r�e�te-S��r7�Jan nette S.Goodall(Jan 26,2022 08:14 CST)
c
FWBC See. 3210 Jannette S.Goodall,City Secretary
Thomas Royce Hansen,Assistant City Attorney City Secretary Office aoa��R
City Attorneys Office ��F*�'
F°°°°�l0a��
Date: Jan 20,2022 Date: Jan 26,2022 0�o° �.l° d°° *�
CONTRACT COMPLIANCE SPECIALIST: �a�a�n00000 �
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.
Evelyn Ro on behalf of(Jan 20,2022 09:08 CST)
Janie Scarlett Morales
Development Manager
Date: Jan 20,2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Second Amendment to CSC 41643 Page 3 of S
i i ■ i
STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared DJ Bartell, Director, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of January
20 22
Wendy L. DigLBeardslee llysignedbyWendy o�PavP�e/ WENDY L BEARDSLEE
L. e
Date:2022.01.2510:08:20 z Notary Public
Beardslee * * STATE OF TEXAS
-06'00' Notary I.D. 13323719-3
9rFOF My Comm.Exp.July 28,2025
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth,Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Second Amendment to CSC 41643 Page 4 of 5
&n n, : U�_;f j
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Lonnie Wright, Contracting Officer, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the
same for the purposes and consideration therein expressed, as the act and deed of U.S.
General Services Administration, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day o
20 .
CRISTINA J. WILLIAMS
,Notary Public, State of Texas
4' Corr m. Expires 04-17-2023
N t ry ID 129081361
C*. and for the
State of (� ��r
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Second Amendment to CSC 41643 Page 5 of 5
Contract No. 41643
CITY SECRETARY
CONTRACT NO. l
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered into by and between the City of Fort Worth,
a municipal corporation of Tarrant County, Texas, acting herein by and through its duly
authorized Planning and Development Department Director, hereinafter referred to as the
"City", and the U.S. General Services Administration acting herein by and through its
duly authorized representative hereinafter referred to as "Grantee", Owner of the property
located at 819 Taylor Street,Fort Worth, Texas 76102 ("Property").
WITNESSETH:
1.
For and in consideration of the payment by Grantee of the fee set out below and
the true and faithful performance of the mutual covenants herein contained, City hereby
grants to Grantee permission to construct/install and/or allow to remain, Improvement(s)
("Improvement")that encroaches upon, uses and/or occupies portions of the space under,
on and/or above the public park known as Federal Plaza and closed Monroe Street, such
Improvement(s)are described as follows:
• V x V bollards • Locked pneumatic bollards
• Planters • Benches i
• Trees • Plaques OFRICI L RECORD
CITY SECRETARY
• Lighted flag pole • Time capsule I FT NV€ PT , Tx 1
1
The location and description of said Improvements and the encroachment is more
particularly described in Exhibit "A", attached hereto, incorporated herein and made a
part hereof for all purposes.
2.
All construction, maintenance and operation in connection with such
Improvement, use and occupancy shall be performed in strict compliance with this
Agreement and the Charter, Ordinances and Codes of the City and in accordance with the
directions of the Director of the Parks and Community Services of City, or his duly
authorized representative. All plans and specifications thereof shall be subject to the
prior written approval of the Director of Parks and Community Services, or his duly
authorized representative, but such approval shall not relieve Grantee of responsibility
and liability for concept, design and computation in preparation of such plans and
specifications.
3.
Upon completion of construction and installation of said Improvement and
thereafter, there shall be no encroachments in, under, on or above the surface area of
Federal Plaza and closed Monroe Street, except as described herein and shown on the
hereinabove referred to Exhibit"A".
4.
Grantee, at no expense to the City, shall make proper provisions for the relocation
and installation of any existing or future utilities affected by such encroachment use and
occupancy, including the securing of approval and consent from the utility companies
and the appropriate agencies of the State and its political subdivisions. In the event that
2
any installation, reinstallation, relocation or repair of any existing or future utility or
improvements owned by, constructed by or on behalf of the public or at public expense is
made more costly by virtue of the construction, maintenance or existence of such
encroachment and use, Grantee shall pay to City an additional amount equal to such
additional cost as determined by the Director of Parks and Community Services of the
City, or his duly authorized representative.
5.
City may enter and utilize the referenced areas at any time for the purpose of
installing or maintaining improvements necessary for the health, safety and welfare of the
public or for any other public purpose. In this regard, Grantee understands and agrees
that City shall bear no responsibility or liability for damage or disruption of
improvements installed by Grantee or its successors, but City will make reasonable
efforts to minimize such damage.
6.
In order to defray all costs of inspection and supervision which City has incurred
or will incur as a result of the construction, maintenance, inspection or management of
the encroachments and uses provided for by this Agreement, Grantee agrees to pay to
City at the time this Agreement is executed a fee in the sum of TEN AND NO/100TN
DOLLARS ($10.00).
7.
The term of this Agreement shall be for thirty years, commencing on the date this
Agreement is executed by the City of Fort Worth.
3
8.
Upon termination of this Agreement, Grantee shall,at the option of City and at no
expense to City, restore Federal Plaza and closed Monroe Street and remove the
Improvement encroaching into the public plaza and right of way, to a condition
acceptable to the Director of Parks and Community Services, or his duly authorized
representative, and in accordance with then existing City specifications. It is understood
and agreed to by Grantee that if this Agreement terminates and Grantee fails to remove
the Improvement, Grantee hereby gives City permission to remove the Improvement and
any supporting structures.
9.
It is further understood and agreed upon between the parties hereto that the public
rights-of-way, alleys, sidewalks ("public right-of-way") and public park to be used and
encroached upon as described herein, are held by City as trustee for the public; that City
exercises such powers over the public park and right-of way as have been delegated to it
by the Constitution of the State of Texas or by the Legislature; and that City cannot
contract away its duty and its legislative power to control the public right-of-way for the
use and benefit of the public. It is accordingly agreed that if the governing body of City
may at any time during the term hereof determine in its sole discretion to use or cause or
permit the right of way to be used for any other public purpose, including but not being
limited to underground, surface of overhead communication, drainage, sanitary sewerage,
transmission of natural or electricity, or any other public purpose, whether presently
contemplated or not,that this Agreement shall automatically terminate.
4
10.
Grantee understands and agrees that the granting of any encroachment hereunder
is not meant to convey to Grantee any right to use or occupy property in which a third
party may have an interest,and Grantee agrees that it will obtain all necessary permission
before occupying such property.
11.
Grantee agrees to comply fully with all applicable federal, state and local laws,
statutes, ordinances, codes or regulations in connection with the construction, operation
and maintenance of said Improvement,encroachment and uses.
12.
Grantee agrees to pay promptly when due all lawful fees,taxes or rentals provided
for by this Agreement or by any federal, state or local statute, law or regulation.
13.
Grantee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant or employee of City and Grantee shall have exclusive control of and the exclusive
right to control the details of its operations, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior
shall not apply as between City and Grantee, its officers, agents, servants, employees,
contractors and subcontractors, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and Grantee.
5
14.
Grantee shall be responsible to the extent provided under applicable law
for all claims with respect to Grantee's use of the Property during the term of this
Encroachment Agreement.
Federal Tort Claims Act. In accordance with the terms and subject to the conditions,
limitations, and exceptions set forth in the Federal Tort Claims Act of 1948, as amended
(28 U.S.C. § 2671, et seq.) ("Tort Claims Act"), Grantee shall be liable to persons
damaged by any personal injury,death or injury to or loss of property,which is caused by
a negligent or wrongful act or omission of any employee of the Grantee while acting
within the scope of his office or employment under circumstances where a private person
would be liable in accordance with the law of the place where the act or omission
occurred. The foregoing shall not be deemed to extend Grantee's liability beyond that
existing under the Torts Claims Act at the time of such act or omission, or to preclude
Grantee from using any defense available at law or in equity.
15.
Grantee agrees to require that its contractors who perform such work on the
licensed property to maintain and have in effect commercial general liability insurance
with(i) all risk coverage, (ii) waiver of subrogation, and (iii) limits of not less than One
Million Dollars ($1,000,000.00) for personal injury, including bodily injury and death
and property damage. Grantee shall deliver to City a copy of the certificate of insurance
required hereunder prior to the commencement of such work which certificate shall
provide that such insurance shall not be terminated or modified without at least thirty
6
days notice to City. Grantee, being an agency of the United States of America, is self-
insured.
16.
Grantee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Encroachment
Agreement in its entirety in the deed records of Tarrant County, Texas. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth,
Texas. City shall furnish a true copy of the recorded Encroachment Agreement to
Grantee, to the attention of. Lonnie B. Wright, Urban Development/Site Acquisition
Portfolio Management Division (7PT) U. S. General Services Administration 819 Taylor
Street, Room 11 B545 Fort Worth,Texas 76102.
17.
In any action brought by the City for the enforcement of the obligations of
Grantee, City shall be entitled to recover interest and reasonable attorney's fees to the
extent provided Federal law, including the Equal Access to Justice Act, 28 U.S.C.A. §
2412)and the Prompt Payment Act, 31 U.S.C.A. §§ 3901 to 3907,but not otherwise
18.
Grantee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the prior written approval of the City
Manager or designee. Any attempted assignment without prior written approval will be
void.
19.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
20.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this day of 20 •
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City
Grantee
City of Fort Worth U.S. General Services Administration
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By:
Sus Al is Name:
Assi City Manager Title: C�.� Gt•^ O ��
ATTEST: Approved As To Form and Legality
City Secretary A7 �ou Assistant City Attorney
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Susan Alanis, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that
he/she executed the same for the purposes and consideration therein expressed, as the act
and deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _�_� day of
1'1(1 ovr h ,20_1�__.
f UNDA M.HIRRUNGER AwU—^
A MY COMMISSION EXPIRES
February 2,2014
State of Texas
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he/she executed the same for the purposes and consideration therein expressed,
as the act and deed of U i S. G"EAL- Secii,G--5 /7JMi,i S i 2AT� , and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z L day of
20 11
JONATHON M. HUNTER Notq Public in and or the
Notary Public,State of Texas State f Texas
i N�•.• ''4`� My Commission Expires
November 21, 2014
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First Amendment Contract 41643-A1
CITY SECRETARY
COI`tTRACT NQ.
� I(Q 10 L)
STATE OF TEXAS § FIRST AMENDMENT TO
§ CITY SECRETARY CONTRACT
COUNTY OF TARRANT § NO. 41643
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 41643 ("First
Amendment") is made and entered into by and between the City of Fort Worth, a home-rule
municipal corporation of the State of Texas ("City"), acting by and through its duly authorized
Assistant City Manager, and the U.S. General Services Administration ("Grantee"), acting by
and through its duly authorized Contracting Officer, Owner of the property located at 819 Taylor
Street, Fort Worth, Texas 76102 ("Property").
WHEREAS, the Grantee and the City are parties to Fort Worth City Secretary Contract-
41643, an Encroachment Agreement that gives Grantee permission to construct/install and/or
allow to remain, improvements that encroach on, use, and/or occupy portions of the space under,
on and/or above the public park known as Federal Plaza and closed Monroe Street; and
WHEREAS, Section 6 of the Encroachment Agreement establishes a fee that is intended
to "defray all cost of inspection and supervision which City has incurred or will incur as a result
of the construction,maintenance, inspection or management of the encroachments and uses"; and
WHEREAS, on further consideration, City and Grantee agree that the fee as originally
established in the Encroachment Agreement is not sufficient to defray all anticipated costs; and
WHEREAS, the parties wish to amend the Encroachment Agreement to increase the fee
to an amount that more accurately reflects the anticipated costs.
NOW, THEREFORE,City and Grantee do hereby agree as follows:
I.
That Section 6 of City Secretary Contract 41643 is hereby deleted in its entirety and replaced
with a new Section 6 to read as follows:
In order to defray all cost of inspection and supervision which City has incurred or will
incur as a result of the construction, maintenance, inspection, or management of the
First Amendment to Contract No.41643 Pagel of 2
encroachments and uses provided for by the Encroachment Agreement, Grantee agrees to
pay to City at the time the First Amendment is executed a fee in the sum of FORTY
THOUSAND AND NO/100TH DOLLARS ($40,000.00).
II.
That all other provisions of City Secretary Contract 41643 that are not expressly amended herein
shall remain in full force and effect throughout the term of the Encroachment Agreement.
Executed on this the ?4� day of V-Y%-9— , 2011.
CITY OF FORT WORTH,TEXAS U.S.GENERAL SERVICES
ADMINISTRATION
Susan anis Lonnie B. Wright
(� L)
Assistant City Manager Contracting Officer
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APPROVED AS TO FORM
AND LEGALITY: OFFICIAL RECORD
C► *y SECRETARY
FT: WORTH, TX
Denis . McE o
Assistant City Attorney
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NO M&C REQUIRED
First Amendment to Contract No.41643 Page 2 of 2