HomeMy WebLinkAboutContract 25981 CITY SECRETARY 5991
CONTRACT NO.
AMENDMENT TO CITY SECRETARY CONTRACT NO. 20825
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a
home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, acting herein by
and through Charles Boswell, its duly authorized Assistant City manager, hereinafter called "City",
and Chadwell & Son Gas Co., Inc., a Texas corporation, acting herein by and through Kenneth
Chadwell, its duly authorized president,hereinafter called"Contractor."
WITNESSETH:
Amendment of Contract.
This Agreement amends Section II of City Secretary Contract No. 20825, as filed in the
office of the City Secretary of Fort Worth, Texas, executed as of February 3, 1995 by City and
Contractor ("Contract") by amending subsections 1. and 2. concerning additional equipment at
existing sites and at additional sites, and adding subsection 5. concerning additional compensation to
paid by the City in exercising its option for a buy-out of the equipment at all sites. The amended
subsections 1. and 2. and the additional subsection 5. to read as follows:
SECTION II -CHARACTER AND EXTENT OF CONTRACTOR'S SERVICES:
Contractor shall perform the following services in fulfillment of this Agreement:
1. Provide for the "TURN-KEY' installation of propane storage tanks in the sizes
specified below, associated fuel dispensing equipment, additional equipment as specified
below, and liquified petroleum gas for vehicular refueling and other uses at the following
locations specified by City of Fort Worth, City Services Department, Equipment Services
Division. Except where noted to the contrary, all tanks will be constructed above-ground.
A. Site 41. Southside Service Center
4100 Columbus Trail
Fort Worth, Texas 76133
(18,000 gallon tank)
B. Site 42. Brennan Service Center
2500 Brennan Avenue
Fort Worth, Texas 76106
(18,000 gallon tank, second pump island
and additional dispensing equipment)
C. Site 93. Water Service Center
2201 Daggett Street
Fort Worth, Texas 76104
(18,000 gallon tank) I
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D. Site 44. Southeast Service Center
5000 MLK Freeway
Fort Worth, Texas 76119
(18,000 gallon tank)
E. Site 45. Tire ServiceCenter
2950 West Bolt Street
Fort Worth, Texas 76111
(18,000 gallon tank)
F. Site 46. Harley Service Center
3409 Harley Avenue
Fort Worth, Texas 76107
(18,000 gallon underground tank and
additional dispensing equipment)
G. Site 47. Spinks Airport
(500 gallon tank)
H. Site 48. Meadowbrook Golf Course
(1,000 gallon tank)
L Site 49. Pecan Valley Golf Course
(1,000 gallon tank)
J. Site 410. Village Creek Wastewater Treatment Plant
(1,000 gallon tank)
K. Site 411. Meacham International Airport
(1,000 gallon tank)
L. Site 412. Lake Worth Patrol Office
(1,000 gallon tank)
2. The twelve locations identified above shall be for the sole use of the City or
participants by intergovernmental agreements with the City. Public access will not be
considered under this Agreement.
5. Notwithstanding the provisions of subsection 3. above concerning the price to be
paid by the City in exercising its buy-out of the equipment, the City shall pay additional
compensation to Contractor for the buy-out of the additional equipment at the initial six sites
and at additional sites as outlined in the foregoing amended subsections 1. and 2.; said
additional compensation to be a commercially reasonable price as negotiated by City and
Contractor.
CUMD
7 �� °�C� Q
Other Provisions Not Affected.
All other provisions of the Contract that are not amended herein shall continue in force and
effect.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement, which is
executed in multiple parts and effective when signed by both parties.
Executed this: day of June,2000.
AT EST: CITY OF FORT WORTH
By:
City Secreta _ _Cv Charles Boswell
Assistant City Manager
APPROVED AS TO FORM AND 0 _ 1$0(r
LEGALITY:
Contract Authorization
Date
Assistant City Attorney
Executed this 8th day of June, 2000.
ATTEST: CHADWELL & SON GAS CO., INC.
A Texas Corporation
By: -46
Corporate Secretary Ke eth Chadwell
Pre
GUS �uLu'J���;'1AP U �u
f 06-15-00AG9 :01 KCVO
RELEASE
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, Chadwell & Son Gas Co., Inc., hereinafter referred to as "Claimant", has
asserted a claim against the City of Fort aWorth ("City") for damages arising out of City of Fort
Worth City Secretary Contract No. 20825-`and "'t �►
WHEREAS, bona fide disputes exist between the City and Claimant about liability, if any,
and the amount of damages, if any, arising out of City of Fort Worth City Secretary Contract No.
20825; and
WHEREAS, the City, although expressly denying liability, has agreed to settle the claims in
order to avoid vexatious litigation; and
WHEREAS, the City and Claimant wish to set forth the terms and conditions of their
settlement;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That Chadwell & Son Gas Co., Inc. acting herein by and through Kenneth Chadwell, its
duly authorized president, for the sole consideration of Ten Dollars ($10.00) and other good and
valuable consideration paid to it by the City, the receipt and sufficiency of which are acknowledged,
does release and forever discharge the City from any and all manner of claims, debts, demands,
obligations, liability, suits or causes of action whatsoever that it has or in the future might have
against the City, its employees, representatives and agents, and all others connected with or in privity
with the City, for its damages, whether in tort o contract, arising out of City of Fort Worth City
a �.a .
Secretary Contract No. 20825�ept�t►a`t tit is specifically understood and agreed to by the parties
that this release does not include nor extend to a release of liability for any sum of money that might
be owed by the City of Fort Worth at the time of execution of this release for purchase of propane
gas after January 31, 2000 by the City of Fort Worth from Chadwell & Son Gas Co., Inc.; and
Claimant, through its authorized representative, relies upon its own information and
knowledge and not upon any statements or representations made by the City or its representatives. It
is fully understand that the payment of the above consideration is not to be considered as an
admission of liability on the part of the City; on the contrary, the City has expressly denied liability.
All the agreements and understandings between Claimant and the City are expressed herein, and the
terms of this Release are contractual and not mere recitals. This Release has been read and is fully
understood.
That in consideration of the payment to Claimant described herein, Claimant agrees to
indemnify and forever defend and hold harmless the City, its employees, representatives and agents,
and all others connected with or in privity with the City, for any and all claims or causes of action,
Release; Chadwell Gas&CFW City Secretary Contract 20825 -Page 1
except as excluded above,that can be brought by Claimant or by anyone acting on its behalf, arising
from City of Fort Worth City Secretary Contract No. 20825,,` aro s t. &
IN WITNESS WHEREOF,this Release has been executed thiO�day of June, 2000.
CHADWELL & SON GAS CO., INC.
By:
�041K-�-Xle
enneth Chadwel , resident
State of Texas §
County of Parker §
Before me, the undersigned authority, on this day personally appeared Kenneth Chadwell,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that in his capacity as President of Chadwell & Son Gas Co., Inc. he executed
the instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office on June 8, 2000.
rot�,YP� BILLIE MARIE EASTER tti
, NOTARY PUBLIC M"-y
STATE OF TEXAS Notary Public in and for the State of Texas
�•.foFtd'' My comm. Exp. 02-05-2002
APPROVED AS TO FORM
AND LEGALITY:
s istant City Attorney
APPROVED BY COUNSEL FOR CLAIMANT:
YJ).-V /� ) )1111,A'I'Wl "�—�
W. Kaye M OPV
Release; Chadwell Gas& CFW City Secretary Contract 20825_-Paget
S. — �"" 06-15-00A'U9 :01 RCVD
BILL OF SALE
STATE OF TEXAS §
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF TARRANT §
THAT CHADWELL & SON GAS CO., INC., Seller, of 608 Highway 199 E, Springtown,
Parker County, Texas, in consideration of the payment of the sum of$10.00 [ten and no/100] dollars
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, do hereby sell and transfer to the CITY OF FORT WORTH, Buyer, of 1000
Throckmorton, Fort Worth, Tarrant County, Texas, its successors and assigns,the following described
personal property located in Tarrant County, Texas:
All equipment for the storing and dispensing of propane gas owned by Chadwell & Son Gas
Co., Inc. located at the following sites:
Southside Service Center Southeast Service Center
4100 Columbus Trail 5000 MLK Freeway
Fort Worth, TX 76133 Fort Worth, TX 76119
Brennan Service Center Tire Service Center
2500 Brennan Avenue 2950 West Bolt Street
Fort Worth, TX 76106 Fort Worth, TX 76111
Water Service Center
2201 Daggett Street
Fort Worth, TX 76104
Equipment at the 5 sites listed above include but is not necessarily
limited to the following equipment: Five [5] 18,000-gallon water
capacity propane storage tanks manufactured by Trinity Industries,
Inc., Serial numbers 121908, 121909, 121910, 121378 and 121384
and all related dispensing equipment.
Harley Service Center
3409 Harley Avenue
Fort Worth, Texas
Equipment at Harley site inclues but is not necessarily limited to
an 18,000-gallon underground propane storage tank, serial 4121911
and related dispensing equipment, except as follows: the transfer pump
currently on the underground storage tank is a demo and is to be removed and
replaced on June 10, 2000 [at no cost to the City] with a new Corken pump.
Meacham Field [1,000 gallon propane storage tank, serial #122379]
Village Creek [1,000 gallon propane storage tank, serial 4105149]
Bill of Sale:Chadwell Gas to City of Fort Worth-Page I
Lake Worth Patrol [1,000 gallon propane storage tank, serial 4109676]
Pecan Valley Golf Course [1,000 gallon propane storage tank, serial 49SF0285781
Meadow Brook Golf Course [1,000 gallon storage tank, serial 49SF028577]
Spinks Airport [500 gallon storage tank, serial #429156]
Seller warrants that it is the lawful owner in every respect of all of the described property and
that it is free and clear of all liens, security agreements, encumbrances, claims, demands, and charges of
every kind whatsoever.
Seller binds Seller, its successors and assigns, to warrant and defend the title to all of the
described property to Buyer, its successors and assigns, forever against every person lawfully claiming
the described property or any part of it.
This Bill of Sale shall be effective as to the transfer of all property listed in it as of June 9,
2000.
IN WITNESS WHEREOF,this Bill of Sale is executed on June 8, 2000.
SELLER:
CHADWELL & SON GAS CO., INC.
By.
Kenn Chadwell, Presid
State of Texas
County of Parker
Before me, the undersigned authority, on this day appeared Kenneth Chadwell, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that in his
capacity as President of Chadwell & Son Gas Co., Inc. he executed the instrument for the purposes and
consideration expressed in the instrument.
Given under my It d f office on June 8, 2000.
ro1M'"�et� BILLIE MARIE EASTER NOTARY PUBLIC Q'�c Q1STATE 01=TEXAS6441—�
°rrEaf�E+�' My Comm. Exp.02-05-2002 Notary Public in and for the State of Texas
Bill of Sale;Chadwell Gas to City of Fort Worth-Page 2 .
City of Fort Worth, Texas
qV011jor and Council Communication
DATE REFERENCE NUMBER LOG NAME TPAGE
6/6/00 C-18060 21CHADWELL 1 of 1
SUBJECT AMENDMENT TO CITY SECRETARY CONTRACT (NUMBER 20825) WITH
CHADWELL & SON GAS COMPANY, INC.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an amendment to City
Secretary Contract (Number 20825) with Chadwell & Son Gas Company, Inc., increasing the contract
amount by $362,500, for liquid petroleum gas, dispensing equipment, and tanks for multiple
departments.
DISCUSSION:
On November 22, 1994, the City Council authorized the purchase of liquid propane gas, dispensing
equipment and tanks from Chadwell & Son Gas Company, Inc. The contract was for a term of one
year, with four one-year options to renew.
Under the terms of the contract, tanks were installed at six sites: Southside Service Center, Brennan
Street Service Center, Water Service Center, Harley Service Center, Southeast Service Center, and the
Tire Service Center. During installation, numerous changes were initiated, with the most significant
being the installation of the eighteen-thousand-gallon tank at Harley Service Center being made
underground. Changes also included wiring and piping at sites to accommodate additional dispensing
units and future expansion.
Additional equipment was requested and installed at six additional locations for the purpose of fueling
equipment located in those areas. The areas include Spinks Airport, Meadowbrook Golf Course, Pecan
Valley Golf Course, Village Creek Wastewater Treatment Plant, Meacham International Airport, and the
Lake Worth Patrol Office. Under this amendment, the tanks and all dispensing equipment will become
the property of the City.
The approval of this amendment will increase the contract amount by $362,500.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Insurance Fund.
CB:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) APPROVED
Charles Boswell 8511 CITY COUNCIL
Originating Department Head:
JUN 6 2Q00
Tom Davis 6300 (from)
FE71 534030 0157110 $362,500.00 . l�iw•,�
Additional Information Contact: City Secretary of the
City of fort worft Tom*
Tom Davis 6300