HomeMy WebLinkAboutAgreement A-14-668-1 with Drake Haglan & Associates - Consultant Services.pdf1
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AGREEMENT FOR ASSIGNMENT OF RIGHTS
AND DELEGATION OF DUTIES UNDER AGREEMENT NO. 14-668-1
This Agreement for Assignment of Rights and Delegation of Duties (“Assignment”) is made and
entered into this _______ day of February, 2020, by and between County of Fresno, a political
subdivision of the State of California (hereinafter called “COUNTY”), Drake Haglan & Associates, Inc.
(hereinafter called “ASSIGNOR”) and Dewberry Engineers Inc., DBA Dewberry | Drake Haglan
(hereinafter called “ASSIGNEE”):
A.WHEREAS, COUNTY and ASSIGNOR entered into Agreement No. 14-688, dated
October 28, 2014 for ASSIGNOR to provide Engineering Design Services for the Little Dry Creek
Bridge Replacement (4 Bridges on Millerton Road) project (hereinafter called SUBJECT
AGREEMENT); and
B.WHEREAS, section XXXIII of SUBJECT AGREEMENT allows for assignment thereof by
ASSIGNOR with written consent of COUNTY.
C.WHEREAS, the ASSIGNOR has been purchased and has become a wholly owned
subsidiary of the ASSIGNEE on September 27, 2019; and
D.WHEREAS, ASSIGNOR wishes to assign, transfer and delegate all of its rights, benefits,
responsibilities and obligations under SUBJECT AGREEMENT to ASSIGNEE, and
E.WHEREAS ASSIGNEE represents that it is qualified to accept the assignment of rights
and delegation of obligations of ASSIGNOR under SUBJECT AGREEMENT and agrees to each term
and condition of SUBJECT AGREEMENT; and
F.WHEREAS, ASSIGNOR represents that it does not have any claims against COUNTY,
including claims for payments due.
NOW, THEREFORE, the parties hereby agree as follows:
1.ASSIGNMENT:
ASSIGNOR hereby assigns to ASSIGNEE all of ASSIGNOR’s rights and interests in and to
SUBJECT AGREEMENT, and further delegates to ASSIGNEE all of ASSIGNOR’s duties, obligations of
performance, and liabilities under the SUBJECT AGREEMENT.
2.ACCEPTANCE:
Agreement No. 14-668-1
25th
19-1594
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A. ASSIGNEE hereby accepts from ASSIGNOR such assignment of the SUBJECT
AGREEMENT,
B. ASSIGNEE agrees, as a direct obligation to COUNTY and without qualification or
reservation of rights, to perform each and every one of ASSIGNOR’s obligations and
responsibilities under the SUBJECT AGREEMENT as though ASSIGNEE was the signatory
party to the Agreement in lieu of ASSIGNOR. As such, ASSIGNEE agrees that its liability
under the SUBJECT AGREEMENT shall include liability accruing as a result of
ASSIGNOR’s, as well as ASSIGNEE’s, performance or failure to perform its obligations
under the SUBJECT AGREEMENT. By its acceptance of said obligations of ASSIGNOR
under the SUBJECT AGREEMENT, ASSIGNEE further agrees to hold ASSIGNOR
harmless from any liability for performance or nonperformance of such obligations, from and
after the effective date of this assignment throughout the remaining term of the SUBJECT
AGREEMENT.
3. AUTHORIZATION:
Each person executing this agreement in a representative capacity hereby warrants and
represents that he or she is authorized to do so and that his or her signature shall be binding on that
party.
4. This Assignment shall be effective retroactive to September 27, 2019.
5. The persons having authority to give and receive notices under this Agreement and their
addresses include the following:
COUNTY ASSIGNEE
Erin Haagenson, Senior Staff Analyst Mike Pugh, P.E., S.E.
2220 Tulare St., 7th Floor 11060 White Rock Road, Suite 200
Fresno, CA 93721 Rancho Cordova, CA 95670
(559) 600-9908 (916) 363-4210 x 237
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first hereinabove written .
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
M A ktf By :
Deputy
COUNTY OF FRESNO
~
Ernest Buddy Mendes, hairman of the
Board of Supervisors of the County of Fresno