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HomeMy WebLinkAboutCatron Contracting - Insurance and Indemnity Agreement - 11.03.22INSURANCE AND INDEMNITY AGREEMENT THIS AGREEMENT (Agreement) is made and entered into as of this 3rd day of November 2022, (Effective Date), between the CITY OF FRESNO, a municipal corporation (City), and Catron Contracting (Subcontractor). RECITALS CFNT Holdings LLC, a California limited liability company, (Contractor) and City entered into a State and Local Fiscal Recovery Funds Agreement on November 3, 2022, (SLFRF Agreement). A condition of the SLFRF Agreement requires Contractor to acquire/rehabilitate the Project, of which eleven units will be SLFRF-assisted units preserved as floating Lower -Income rental housing, including construction of on -site and off -site improvements. Subcontractor is performing work as a subcontractor for the Contractor. The SLFRF Agreement requires Subcontractor to indemnify, hold harmless, and defend City. The City and Subcontractor desire to enter into this Agreement to comply with any and all insurance requirements as dictated in the SLFRF Agreement with the Contractor. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual premises herein contained, and for other good and valuable consideration hereby acknowledge, the parties agree as follows: 1. To the furthest extent allowed by law, the Subcontractor shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Subcontractor , its principals, officers, employees, agents, or volunteers, in the performance of this Agreement. If the Subcontractor should subcontract all or any portion of the services to be performed under this Agreement, the Subcontractor shall require each subcontractor to indemnify, hold harmless and defend City, and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 2. Subcontractor shall comply with the insurance requirements as described in Attachment "A," attached hereto and incorporated herein by reference. [SIGNATURE PAGE TO FOLLOW] IN WITNESS THEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY: CITY OF FRESNO, A California municipal corporation By: Name: G o geanne A. White Title: City Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney By _ AAVC�C' Nam racy arvanian Date Title: Supervis Deputy City A orne ATTEST: TODD STERMER, CMC City Clerk Name: 5 LA5e-n 0 C Title: Deputy City Clerk Attachment "A" — Insurance Requirements 2 SUBCONTRACTOR; Catron Conygaftng B: Y Name: Gary Catren Title: � 1 /ciFO (If corporation or LLC, Board Chair, President or Vice Pres.) APPROVED: CONTRACTOR: CFNT Holdings LLC, a California limited liability company By: Name: Esther Carver Title: LLC Member, Board Director Attachment A Insurance Requirements (a) Throughout the life of this Agreement, the SUBCONTRACTOR shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the SUBCONTRACTOR or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately until notice is received by the CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the CITY. Any failure to maintain the required insurance shall be sufficient cause for the CITY to terminate this Agreement. No action taken by the CITY pursuant to this section shall in any way relieve the SUBCONTRACTOR of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by the CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the SUBCONTRACTOR shall not be deemed to release or diminish the liability of the SUBCONTRACTOR, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the SUBCONTRACTOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the SUBCONTRACTOR, vendors, suppliers, invitees, contractors, sub -contractors, subcontractors, or anyone employed directly or indirectly by any of them. Coverage shall be at least as broad as: (i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non -owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability of not less than the following: $2,000,000 per occurrence for bodily injury and property damage $2,000,000 per occurrence for personal and advertising injury $4,000,000 aggregate for products and completed operations