029-05 - Resolution - Consent to Transfer Agreement with DMJM for Wastewater Treatment Facility ContractsRESOLUTION NO. 029-05
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO ENTER INTO A CONSENT TO
TRANSFER AGREEMENT WITH DMJM HARRIS FOR ENTRANCO
WASTEWATER TREATMENT FACILITY CONTRACTS
WHEREAS, the City has received notification from the U.S. Bankruptcy Court
that Entrance has filed a petition for reorganization and agreed to sell substantially all of its
assets to DMJM Harris; and
WHEREAS, Entrance is a contractor currently under contract with the City of
Port Orchard to provide construction management services for the Waste Water Treatment
Facility; and
WHEREAS, DMJM Harris has agreed to assume all of Entrance's rights and
responsibilities under the contracts and to be bound by all of its terms, covenants, conditions
and provisions; and
WHEREAS, DMJM Harris has also agreed that Entrance staff previously assigned
to this project will continue to work on this project notwithstanding the transfer of corporate
responsibilities, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The Mayor is authorized to execute a "consent to
transfer" agreement with DMJM Harris transferring certain
construction management responsibilities from Entrance to DMJM
Harris, a copy of which is attached as Exhibit A.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 26th day of September 2005.
KIM E. ABEL, MAYOR
ATTEST:
DMJM Harris
10900 NE 1:'1;,
September 20, 2005
Mr. Maher Abed
Public Works Director
City of Port Orchard
Public Works Department
216 Prospect Street
Port Orchard, WA 98366
www.dm1mharns.corr
RECE1VED
SEP 2 i 2005
C\TY OF PORT ORCHARD
PUBUCWORKS
Reference: 1-1 0-0501 9, Port Orchard WWTF Construction Management Services
You may have previously received notification from the U.S. Bankruptcy Court that Entrance has fiied a petition
tor reorganization. This letter is to inform you that, as part of that reorganization, E:ntranco has agreed to sell
substantially all of its assets to DMJM Harris. The sale agreement provides that DMJM Harris will assume most
of Entrance's projects and hire most of its employees.
DMJM Harris IS the flagship transportation company of AECOM Technology Corporation, a $2 billion global
~eader, recent'ly ranked #1 in Transportation in the 2005 ENR Rankings. AECOM is an employee-owned
company with over 19,000 employees worldwide. DMJM Harris has offices throughout the U.S.
We are excited about being able to offer greater resources to continue to meet your professional service needs.
As DMJM Harris, we look forward to continuing to meet our client's challenging infrastructure needs.
Consistent with the notice and assignment provisions of the above referenced contract(s), Entrance and DMJiv1
Harris seek your concurrence in transferring responsibility for this contract from Entrance to DMJM Harris. Please
be assured that with this assignment DMJM Harris will assume all of Entrance's rights and responsibilities under
the contracts and will be bound by all of its terms, covenants, conditions. and provisions. DMJM Harris agrees
that the Entrance staff previously assigned to this project will continue to work on this project notwithstanding the
transfer of corporate responsibilities.
Please indicate your consent to this transfer by having an authorized representative sign this letter where
indicated below and return it to my attention. Upon your approval and pursuant to this letter, the above
agreement(s) will be deemed assigned, effective August 27, 2005.
We wish to thank you in advance tor your cooperation in this matter. Please call us if you have any questions or
:equ1re additional information.
Sincerely,
Entrance
v t1~ltt1AM?
Dennis J. 6earns
President and CEO
AGREED AND ACCEPTED:
City of Port Orcnard
,1/', -~ ? .. ~7.__....-rtt/ Name: ~YI1..-/
Title: Vi r.A._· 'Dr
Date: '1 /2 '1 I 2-C/o':)
DMJM Harris
')'l 1 /)(i~, .1. r: i! ,.):11]/J J M~= v l'"'/"~t~
Richard Weisfeld
Executive Vice President