HomeMy WebLinkAboutContract 35581-CA1 CITY SECRETARY
CONTRACT NO...
ASSIGNMENT OF PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the City of Fort Worth ("City") entered into a Professional Services
Agreement ("Agreement") with Slater Engineering, Inc., City Secretary No. 35581
(M&C C-22173)on the 15t'day of June,2007; and
WHEREAS,the Agreement is still in effect; and
WHEREAS, Slater Engineering, Inc. ("Assignor") now wishes to assign its
rights, interests, and obligations under the Agreement to Mr-K Engineering, Inc.
("Assignee").
NOW,THEREFORE,Assignor and Assignee acknowledge and agree as follows:
1. ASSIGNMENT: By this document (this "Assignment"), Assignor hereby assigns to
Assignee all of the interests, rights, title and obligations held by Assignor in and to the
Agreement.
2. ASSUMPTION OF OBLIGATIONS: Assignee acknowledges the receipt of a copy
of the Agreement. Assignee hereby assumes all of Assignor's interests, rights, duties and
obligations in the Agreement. Assignee agrees to comply with all the terms and perform
all conditions and covenants in the Agreement as if Assignee were an original party
thereto.
3. INDEMNIFICATION: Assignee will indemnify, protect and hold Assignor
harmless from and against any and all loss, cost, or damage in any way related to
Assignee's breach or default of the obligations or covenants in the Agreement or this
Assignment.
4. ASSIGNOR'S REPRESENTATIONS: Assignor warrants that the Agreement is in
full force and effect and fully assignable or may be assigned with the written consent of
the City (such consent to be obtained by Assignor before executing this Assignment).
Assignor further warrants that the contract rights transferred in this Assignment are free
of lien, encumbrance or adverse claim.
5. ASSIGNEE'S REPRESENTATIONS: Assignee agrees and warrants that it will
comply with all terms and conditions of the Agreement and that any subsequent
agreements entered into between the City and Assignee will be controlled by and be
subordinate to the Agreement.
6. BINDING EFFECT: The covenants and conditions contained in this Assignment
shall apply to and bind the parties and their heirs, legal representatives, successors and
permitted assigns.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,T
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7. GOVERNING LAW: This Assignment shall be governed by and construed in
accordance with the laws of the State of Texas.
8. NOTICE: Any notice required or otherwise given pursuant to this Assignment shall
be in writing and mailed certified return receipt requested, postage prepaid, or delivered
by overnight delivery service to:
Assignor: Assignee:
Slater Engineering, Inc. M`K Engineering, Inc.
4304 Lanark Ave. 9116 Belvedere Dr.
Fort Worth, Texas 76109 Fort Worth, TX 76244-6214
James Steven Slater, P.E.,R.P.L.S. Gary Lee McKay, P.E.
City of Fort Worth
Attn: Stormwater Division
Transportation/Public Works
1000 Throckmorton Street
Fort Worth, Texas 76102
Either party may change such addresses from time to time by providing notice as set forth
above.
9. WAIVER: The failure of either party to enforce any provisions of this Assignment
shall not be deemed a waiver or limitation of that party's right to subsequently enforce
and compel strict compliance with every provision of this Assignment or the Agreement.
10. ADDITIONAL TERMS & CONDITIONS: All parties acknowledge that City's
consent to assignment is given in reliance upon paragraph 5 of this Assignment, wherein
Assignee agrees and warrants that it will comply with all terms and conditions of the
Agreement and that any subsequent agreements entered into between the City and
Assignee will be controlled by and be subordinate to the Agreement.
11. FINAL AGREEMENT: This Assignment is made pursuant to and as part of that
certain Contract for Assignment executed by and between Assignor and Assignee on
. Such Contract for Assignment, together with this Assignment, shall
collectively constitute the entire agreement between Assignor and Assignee with respect
to the subject to which they pertain, and shall entirely supersede any and all other
agreements understandings and discussions.
IN WITNESS WHEREOF, the Parties have caused this Assignment to be executed and
effective when signed by both parties and when the attached City Consent To
Assignment has been duly executed on behalf of the City.
Assignment of Professional Services Agreement Page 2 of 5
ASSIGNOR:
Slater Engineering, Inc.
BY: DATE:
James Steven Slater, President
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared James
Steven Slater,president of Slater Engineering, Inc., 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,in the capacity therein stated
and as the act and deed of Slater Engineering,Inc..
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this
,2012
[SEAL]
Notary Public in and for
the State of Texas
Assignment of Professional Services Agreement Page 3 of 5
ASSIGNEE:
McKay Engineering, Inc.
BY: DATE:
Gary Lee McKay,President
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Gary
Gary Lee McKay, as president of M`K Engineering,Inc., 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, in the capacity
therein stated and as the act and deed of M`K Engineering,Inc.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this
2012.
[SEAL]
Notary Public in and for
the State of Texas
Assignment of Professional Services Agreement Page 4 of 5
CITY CONSENT TO ASSIGNMENT
The undersigned duly authorized representative of the City of Fort Worth, Party to the
Professional Services Agreement, City Secretary Contract No. 35581, hereby consents to
the foregoing Assignment.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date: �¢/�f' a
RECOMMENDED BY:
� 'j
Douglas W iersig
Director, Transportation Public Wor
APPROVED AS TO FORM AND LEGALITY:
0& �
Douglas W. Black
Assistant City Attorney
M&C:
Date:
ATTEST:
a� A
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Ci Secretary �a°°°®pp0°4Qa'"' OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Assignment of Professional Services Agreement Page 5 of 5
M&C Review Page 1 of 1
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CITY COUNCIL AGENDA FORTTti
COUNCIL ACTION: Approved on 3f27l2012
DATE: 3/27/2012 REFERENCE .*C-25519 LOG NAME: 20ASSIGN_BERSHIRE_HALLMARK
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Assignment of City Secretary Contract No. 35581, an Engineering
Agreement with Slater Engineering, Inc.,for the Stormwater Utility Project, Berkshire-
Hallmark Drainage Improvements, to McK Engineering, Inc.,with a Remaining Balance of
$159,867.72(COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council authorize the Assignment of City Secretary Contract No.
35581 from Slater Engineering, Inc.,to McK Engineering, Inc.,with a remaining balance of
$159,867.72.
DISCUSSION:
On June 12,2007, (M&C C-22173)the City Council authorized the City Manager to execute an
engineering Agreement with Slater Engineering, Inc., (Slater) in the amount of$421,805.00 for the
design of the Berkshire-Hallmark Drainage Improvements. That Agreement is on file as City
Secretary Contract No. 35581. Amendment No. 1 to the Agreement was approved by City Council on
January 25,2011, (M&C C-24686), in the amount of$262,746.60, thereby revising the total contract
amount to$684,551.60.
Slater desires to assign the engineering Agreement and its remaining scope and balance of
$159,867.72 to McK Engineering, Inc.The engineering Agreement requires the City's advance
consent to an assignment. Staff have provided terms to the parties to be included in the assignment
Agreement. Staff considers the assignment to be in the best interest of the City and the project.
McK Engineering, Inc., is in compliance with the City's M/WBE Ordinance by committing to 10
percent M/WBE participation. The City's goal on this project is 10 percent.
This project is located in COUNCIL DISTRICT 6, Mapsco 89Q, 89U, 103C, 105A and 105E.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W.Wiersig (7801)
Additional Information Contact: Chad Simmons(870-1129)
ATTACHMENTS
M AND C Map 00480 All.pdf
http://www.fortworthgov.org/council_packet/mc review.asp?ID=16593&councildate=3/2... 4/17/2012