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Home My WebLink AboutContract 42982-T1 (2)��ry s��A�� L�� _ 71 C�'iR�►CT N0. � � STATE OF TEXAS COUNTY OF TARRANT . KNOWN ALL BY THESE PRESENTS TERMINATION AND RELEASE AGREEMENT OF CITY SECRETARY CONTRACT 42982 9700 TEN MILE BRIDGE ROAD, FORT WORTH, TEXAS This Termination and Release Agreement is entered into by and between the City of Fort Worth, Texas, a home-rule municipality located within Tarrant County Texas, ("City") acting through Fernando Costa, its duly authorized Assistant City Manager, and MIDWEST WRECKING COMPANY OF TEXAS, INC. ("Contractor"), acting through Brian Choate, its duly authorized Chief Executive Officer. WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Agreement, the City and the Contractor agree as follows: 1. MUTUAL TERMINATION OF CONTRACT City Secretary Contract 42982, otherwise known as Contract for Structural Demolition, and Removal, Transportation, and Disposal of Asbestos Containing Materials — 9700 Ten Mile Bridge Road, Fort Worth, Texas is hereby mutually terminated by the City and Midwest Wrecking Company of Texas, Inc. (the Parties). The Parties hereby waive their rights to any advance written notice of such termination. 2. RELEASE Notwithstanding anything to the contrary in City Secretary Contract 42982, the Parties hereby unconditionally release and discharge each other from any further obligation or liability imposed under City Secretary Contract 42982. OFFICIAL RECORD CITY SECRETARY PT. WORTH, °�� ______ _ , Termination Agreement: Abatement and Demolition Contract - 9700 Ten Mile Bridge Rd. Project Page 1 of 3 U4-18-12 PO4:13 IN 3 ENTIRETY OF AGREEMENT This Termination Agreement contains the entire understanding and agreement between the Parties as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. 4. JURISDICTION AND VENUE Jurisdiction and venue of any suit or cause of action under this Termination Agreement shall lie in Tarrant County, Texas. 5. NOTICES Any notices, bills, invoices or reports required by this Termination Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: Michael Gange, Assistant Director Department of Transportation and Public Works 1000 Throckmorton St. Fort Worth, TX 76102 If to the Contractor: Brian Choate, Chief Executive Officer Midwest Wrecking Company of Texas, Inc. P.O. Box 161819 Fort Worth, TX 76161 6. AUTHORITY AND EXECUTION OFFICIAL RECORD �ITY SECRETARY FT. WORiH, 'iX The signatory's to this contract represent that he or she is legally authorized by the to enter into a binding agreement on behalf of the Contractor or City respectfully. The remainder of this page is left blank intentionally. Termination Agreement: Abatement and Demolition Contract - 9700 Ten Mile Bridge Rd. Project Page 2 of 3 SIGNATURE PAGE FOR TERMINATION AND RELEASE AGREEMENT OF CITY SECRETARY CONTRACT 42982 IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH BY: o � Fernando Costa Assistant City Mana er Date Signed: /7 /2 RE 'h---� ,J� Michael Gang�/ / Assistant Direc or Transportation and Public Works APPROVED AS TO FORM AND LEGALITY: ��(�� l �� _ Arthur N. Bashor Assistant City Attorney ATTEST: , ,(; ,:�, , -� I�#a `J. K yse City Secret��i CONTRACTOR Midwest Wrecking Company of Texas, Inc ; ;�� /) BY: �: L.' Brian Choate Chief Executive Officer WITNESS: CORPORATE SEAL: ,Q,o.b.��.t�D. ,d ��°°��y'`�� p�`�o° °o Q �d � �� o� � ��b o�#� --�-.— a n �, . o ..� �--� I �`f � � � �0 �UT �' �A' _ n0 o� �to �&c R��[��D Termination Agreement: Abatement and Demolition Contract - 9700 Ten Mile Bridge Rd. Project OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX � a._�s- _ Page 3 of 3 Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. A-310 KNOW ALL MEN BY THESE PRESENTS, -�G�1� /%L�/Z�. �A �U� _ ��Lc.�l ��,�� `-C��c�� , � C� G? ��Xc� ..l,e�� S� �z9$Z . l, �t��,��w � �"�� `' i'�� 8' lo�i7 `�/r ��',� i'T C � �o ��a That we, Midwest Wrecking Co. of Texas Inc as Principal hereinafter called the Princ�pal, and International Fidelitv Insurance Comaanv a corporation created and existing under the laws of the State of NJ whose principal office is in Newark as Surety, hereinafter called the Surety, are held and firmly bound unto Citv of Fort Worth PurchasinQ Division as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars ($5% GAB) for the payment of which sum, well and truly to be made, the said Principai and.the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Whereas, the Principal has submitted a bid for Fort Worth Nature Center Removal of Asbestos Containine Materiats and Demolition of Structures - 9700 Ten Mile Road. Fort Worth TX NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such targer amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 29th day of December. 2011 Midwest Wreckina Co. of Texas. Inc. Principal � ` � �� By ' � _(SEAL) International Fidelitv Insurance Comoanv (Surety) BY (SEAL) 'chard . Daiker Attorney-in-fact � � < <:. i. E :! > , , ; `i tl�(973) 62!t 72pp . ` , ; ��r ; yf � �� r � �� 0� ��OJ1�� l�T��`.�T�f��'A� �'I��.�T�Y INSZT��A..�� (31V.�P�,I�'� ' HQME OFi�TCE ON�: NEWAR�.CENT�R 2Q'CH �LapR � ; ; ` " NE AItK, :�tEW J��2SEY 47102 52d'7 W : ` ;', i KNOW ALL MEN BY THESE PR�5EN'FS: ThBt IjV'['LRN(aTIONAT� FIDELI'�`Y YlY5CJRANCE CQMpANY;: a corporation organized and existin ;. faws oF the State of ldew Jersey and having us prinCipal.offiCe m die Clty of Nswark� New Jersey, does hereby eonstitute apd appoinf : ..:. :..� ..:,, ;:. ;:... ��• ...:;: ' . - . ,. „ .. ;... , . ..:... AARQN �N1�R�5, JEREM� BA�tN�1"Y', T`ON� FI�12�t0; ROBEItT .� S�-ItJ'Yp, 1pHNNY MOSS, r� �� ' RICHARD W, DAIKER; JAY JfSRDAN :, . - ; : : T�ockwall, T?�. : ,. : ,... , . .. :. ....... ... ...... ., ..._. ..: .. ...._ its true and lawful attorney(s) in-fact to execute, seai and deliver for and on its behalf:as sure y �� "' � � `''" . .. .. .. ,..... 'other wnpngs ab(igatoty ro the.natu�e thereof, which are. or may bq; ailowed„teqnired or permitted b ndaalulE b a� a�1endert�� on, contract�orf otherwnityr and the execudon of such insttument(s) in pursuancs of tbes,e prese�fts, sha![ be as bindin u n 1_gp �se and GOMPANY; as fully and amply, to al! 7nEents and purposes, as if the same had 4een: dUly exe�cuted anda eknow�dg d b y itNs�t gularly. elec ed offic�crsAat�t�s ; principa) office. ,; This Power of Attorney is executed, and may be ievoked pursuant to and by authoriry of Articie 3-Section 3, of the Hy-�Laws adopted Dy. the Board'of Directors pf I}y'I'EI2NAT�ONAL FIDELITl' ll�ISURANC`� COMPANy at a'meeting called and held on the 7th.day of FebntBry, lQ74. ' The President or any Vice Pres,ident, �xecutive V'rce President, Seeret�ry or Assistapt Se�retary; shaU have power and authoriry (1) To appainE Attomeys-in-fact, and td authorize them to execute on behalf of the Company; 'and attach the Seal of the Company therero, bonds attcl'. undertakings, contracts of indemnity. and o,ther wripngs obligatory in:the nature thereof and, (23 To remove, at any time; any such attorney-in-fact a�nd revoke the authority giveo. Furthe�> this Power of Attorney is signeci and sealed by facsimile pursuanf to resolution of tha Board of Directors of said Company adopted at a meeting July called and hetd on'the 29th day of April, t982'of which the foitowing is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attomey or_ any certificate relating thereto by facsimi(e, and any such power of attorney or certificate bearing sueh facsim�le s�gnatures or facsimile seal' shallbe valid andbmdmg upon the Company and any such power $o executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. � ��Q�„�.�jy I/�l�► IN TESTIMONY WHEREOF; INTERNATIONAL FIDELITY ]NSURANCE COMPANY has caused this instrument to be ��O //� signed and its corporate seal to be affixed by its authorized officer, this 16th clay of October; A.D. 2007. �o Rv� qy �`' SEAI, ��"� INTERNATIONAL FIDELITX INSURANCE COMPANY �„��.. . � 9t�, � STATB OF NEW JERSEY !V` � Counry of Essex � �d��ERS �� . �. 1�/ � T.�� - ' Secretary _ : Ott this 16th day of CJctober 2007, 6efore me came the individual` who executed the receding mstrument to me personalf�y known, and; being by ma dWy said instrum nt hs the� Co p�o a edSeal �of �a d Co pany athat Ctleie sa d Corpo Nt SReal andh s s gnahDi eLwere d ly�axf aed by odePof the oard of Dire tors of said: Company. ,,��uu„��`, `��.�' ,�NK V�a ��i,��:, (N TBSTtMONY WHEREOF, 1 have hereunfo set my hand affixed my Official Seal, .•` C/p.• 7A G's at the Cify of Newark, New lersey the day and year first above written. _ � , ap �p',�;,.,.c��a . �li . ,r + � s��1'''.��l,'•��' 7J L/" %�j�,'•., •'��.°� �` ,,�''h,� ��'N EW', ��`��,. A NO'►'ARY Pl1DLfC OF NEW 1ERSEY CERTIFICATfON My Commission Expiros March. 27, 2014 1, the undrrsigned ufficer uf INTF.RNATIONAL KIDELITY INSURANCE C011IPANY J�� herehy cenify ihat t liave compareJ the ti�reg��ing copy nf the Power of AUomey and affidavih, anJ the cnpy of �he 5ection of the Dy-I.awv c>f said Ct�inp;�l�y as se1 t2irth in said Power of A�torney, with the ORIGINALS ON IN TlIE HOMG QFPICF. Of• SA1D COMPANY; anJ ihat �he x�mo a�e a�rrcct tranu;ripts thereof, a�td uf the wh��le of the said originals, erxl thnt the said Pc�wer � ul' Auontey has not hcen revoked anJ ix nuw in Fulf li,rca iuid effrcc ' �� 1, IV Il'ti'I RtUVY \YIIHNf:�)F, 1 have t�ercuiNt�.rl my h;�nd Utiw ��} ,F�y ��► �; ,t �.Q� ��L � 0� f �/��/�l�7�'�� Assistanf Secretery