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HomeMy WebLinkAbout31-66 RESOLUTIONRESOILITION NO. WHEREAS, on September 27, 1965, the City of Fayetteville, Arkansas, entered into an engineering agreement with Jahn E. Mahaffey and Associates, Inc., and L M McOoodwin, Consulting Engineer, as a joint venture to perform engineering services for sewerage improvements, and WHEREAS, en November 29, 1965, the same parties entered into a second agreement to provide engineering services for a water supply using Beaver facilities and for water system improvements, and WHEREAS, an the basis of these agreements, engineering work has been performed and the services provided for in said contracts are being carried out, and WHEREAS, L. M. McGoodwin, Consulting Engineer, has changed the form of his organization from L. M. McGoedwin, Consulting Esagineer, to the corporate form of McGoodwin, Williams and Yates, Inc., Consulting Engineers, with the Fayetteville address of 3322 North College, such change to be completed as of January 1, 1967, and WHEREAS, the engineering organization of McGocdwin, Williams and - Yates, Inc., Consulting Engineers, comprises the same personnel and organization as L. M. McOoodwin,-Consulting Engineer, and • WHEREAS, the agreements first referred to herein provide that said agreements are binding on the successors of the parties thereto with the written consent of the parties thereto, NOW, ISEPEFORE, LE IT RESOD BY THE BOARD OF DIREccTTORS OF THE C1'Pi OF FAY LLE, ARKANSAS: Section 1. The engineering agreements referred to above are hereby amended to include the firm of McGoadwin, Williams and Yates, Inc., Consulting,Engineers, instead of L. M. McGoedwin, Consulting Engineer. All of the requirements of said agreements as are made of L. M. McGoodwin, Consulting Engineer, are hereby transferred to and become—theresponsi- bilities of the firm of McGoodwin, Williams and Yates, Inc., Consulting Engineers. Section 2. 75ie approval of this resolution and its acceptance by L. M. McOoodwin, Consulting Engineer, end the firm of McOoodwin, Williams • ,. and Yates, Inc., Consulting Engineers, and the approval of said contractual transfer by the firm of John E. Mahaffey ates, Inc., as evidenced by the proper signatures of constitute a legal assignment, and any payment which and Associ- endorsement, may subse- quently become due for work heretofore performed by the said L. M. McGoodwin, Consulting Engineer, shall be paid to the joint venture engineers of John E. Mahaffey and Associates, Inc., and the firm of McGoodwin, Williams and Yates, Inc., Consulting Engi- neers. Section 3. That nothing herein contained shall be construed as in any way discharging or relieving said L. M. McGoodwin, Con- sulting Engineer, from any liability or accountability with respect to any damages, claims or obligations, now existing or at any time hereafter occurring, by reason of, arising out of, or re- sulting from any work or services, acts or missions, performed under this contract prior to January 1, 1967. Passed and approved December 19, 1966. APPROVED* ATTEST 'ie ler / • i' M. cGoo•win; - Consulting Engineer Mayor City Manager APPROVED AND ACCEPTED McGoodwin, Williams and Yates, Inc., Consulting Engineers By: n n w Pr dentq_JLXf eATWPIl Secretary -Treasurer v. ' 4 �;ffi 4. John E. Mahaffey and Associates, Inc. By sident Secre r sl .._-- 1\r=__ .%3/4 EZilt