HomeMy WebLinkAboutQuiring General - New Animal Control Facility - 2020AGREEMENT
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THIS AGREEMENT (Agreement) made and entered into as of this 19th day of August
2020, entered into between the City of Fresno, a municipal corporation (City), and Quiring
General, LLC., (Contractor).
RECITALS
City and Northstar General, Inc., (Northstar) entered into an agreement, (Agreement)
on or about May 21, 2020 to build an animal shelter facility (Project) which requ ires Northstar
to provide certain bonds; and
Northstar has been unable to secure the required bonds; and
Quiring is wiling to provide the bonds, provided Quiring is assigned the Project as its
General Contractor; and
This Agreement requires the Contractor to indemnify, hold harmless, and defend City
upon acceptance and execution of such assignment; and
The City and Contractor desire to enter into this Agreement to comply with any and all
insurance requirements as dictated in the Agreement with the Contractor upon acceptance
and execution of the reassigned contract.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1.To the furthest extent allowed by law including California Civil Code
Section 2782, Contractor shall indemnify, hold harmless and defend 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)
incurred by City, Contractor or any other person, and from any and all claims, demands
and actions in law or equity (including attorney's fees and litigation expenses), arising or
alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's
obligations under the preceding sentence shall apply regardless of whether City or any
of its officers, officials, employees, agents or volunteers are passively negligent, but shall
not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the
active or sole negligence, or willful misconduct, of City or any of its officers, officials,
employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed
under this Agreement, Contractor 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 Contract.
2.Contractor shall comply with the insurance requirements as described in
Attachment A, attached hereto and incorporated herein by reference.
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