HomeMy WebLinkAboutContract 29667-A1 til NO
NOVATION AGREEMENT
This Novation Agreement is made effective as of October c'P , 2008, between the City of
Fort Worth,Texas (Client), and CH2M HILL,Inc. (Transferee),a corporation duly organized
and existing under the laws of Florida with its principal office in Englewood, Colorado, and
licensed to do business in the State of Texas, hereby acknowledged by Wade & Associates,
Inc. (Transferee), a corporation organized and existing under the laws of Kansas, with its
principal office in Lawrence,Kansas and licensed to do business in the state of Texas.
WHEREAS:
Transferor and Client entered into below described Contracts:
Contract Descriptions
1. Design of Contract LVI (56)
Sanitary Sewer Rehabilitation
Project Numbers: PS58-070580175110
City Secretary Contract No. 28404&Authorization # C-19437 approved 1/21/03
2. Design of Contract LX(60)
Sanitary Sewer Rehabilitation
Project Numbers: PW53-0605301778440&PS58-07058175200
City Secretary Contract No. 29667&Authorization # C-19973 approved 2/24/04
Transferor now desires to be discharged from the performance of its obligations to Client as
set forth in the Original Contracts.
Client desires to release Transferor from the obligations set forth in the Original Contracts
provided that Transferee agrees to perform the obligations and to be bound by the terms of
the Original Contracts.
NOW,THEREFORE, the parties agree as follows:
1. Transferee shall perform the obligations of Transferor that are set forth in the
Original Contracts, and Transferee agrees to be bound by all of the terms of the Original
Contracts in every way as if an original party thereto.
2. Client releases Transferor from all claims for any liability that have arisen or may
have arisen in respect to the Original Contracts. Client accepts the liability of Transferee in
lieu of the liability of Transferor, and Client agrees to be bound to Transferee in all respects
as if Transferee was named in the Original Contracts. Transferee shall be bound by the
terms of the Original Contracts in every way as if Transferee was named in the original
Contracts in place of Transferor as a party thereto.
3. This Novation Agreement supersedes the Original Contracts entered into by Client
and Transferor, and all the rights and obligations under the original Contracts are
completely extinguished. A copy of the Original Contracts are attached and incorporated
herein by this reference, to define the extent of the liability of Transferee under this
Novation Agreement.
4. This Novation Agreement has been executed in triplicate, and all the parties have
received an executed original hereof.
5. Transferor, Transferee, and Client hereby consent to the provisions of this Novation
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Novation Agreement as of
the day and year first above written.
CH2M HILL, INC. (Transferee) CITY OF FORT WORTH,TX (Client)
B : B
Y Y
Name: Ken C. Hall Name: Fernando Costa
Title: Vice President Title: Assistant City Manager
ACKNOWLEDGED:
WADE & ASSOCIATES,INC. (Transferor)
APPROVED AS,1P FORM
By:
Name: Mark G. Wade Assistan rclty AgA e
Title: Vice-President
Attested by:
Corti' but
t ori zatiox
Marty Hendr , City Secretary
Date
Z) ORIGINAL
SECRETARY CERTIFICATE
I, Margaret B. McLean, Vice President and Secretary of CH2M HILL, Inc., (the
"CH2M HILL") a corporation duly organized and existing under the laws of Florida, do
hereby certify that CH2M HILL purchased all of the issued and outstanding stock of Wade &
Associates, Inc., a Kansas corporation on March 12, 2007. l hereby further certify that as the
date hereof, Wade & Associates, Inc. remains a wholly-owned subsidiary of CH2M HILL.
Dated this 11 th day of September 2008.
CH2M HILL, Inc.
B,y: Margaret B. M&L a'n, Vice President and Secretary
CORPORATE SEAL
STATE OF COLORADO )
)ss:
COUNTY OF DOUGLAS )
The foregoing instrument was executed and acknowledged before me by Margaret B.
McLean on this 1 1`h day of September, 2008.
Cheryl L.Jett,,Notary Public
My commission expires: March 7, 2010
� 014070)
SEC CERT WADE oRG.DOC