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HomeMy WebLinkAboutC-7184-1A - Assignment Agreement (for PSA for Engineering Services for the Concrete Street Pavement Reconstruction Project)ASSIGNMENT AGREEMENT (�- BETWEEN THE CITY OF NEWPORT BEACH AND CANNON CORPORATION THIS ASSIGNMENT AGREEMENT ("Assignment') is made and entered into as of this 14th day of September 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City") and CANNON CORPORATION, a California corporation ("Cannon"), whose address is 1414 Tiffany Ranch Road, Arroyo Grande, California 93420, and is made with reference to the following: RECITALS A. On July 10, 2018, City and PENCO ENGINEERING, INC., a California corporation ("Penco") entered into a Professional Services Agreement for engineering services and construction documents for Concrete Street Pavement Reconstruction Project, commencing on July 10, 2018, and terminating on June 30, 2020, unless terminated earlier (the "Agreement'). B. On March 12, 2019, City and Penco entered into Amendment No. One to the Agreement to reflect additional Services not included in the Agreement and to increase the total compensation ("Amendment No. One"). C. Pursuant to the Agreement and Amendment No. One, City agreed to compensate Penco in a total not to exceed amount of Two Hundred Fifteen Thousand Seven Hundred Dollars and 00/100 ($215,700.00). C. The parties desire to enter into this Assignment to assign the rights under the Agreement from Penco to Cannon. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. ASSIGNMENT As of the Effective Date, Cannon hereby accepts such assignment and hereby assumes, agrees and undertakes to perform all obligations of Penco pursuant to the Agreement as of the Effective Date. Any reference to Penco and/or Consultant in the Agreement and Amendment No. One, shall be deemed to be a reference to Cannon. As of the Effective Date, Penco shall have no further rights of any kind whatsoever under the Agreement. 2. CITY CONSENT TO ASSIGNMENT Pursuant to Section 15 of the Agreement, City approves of this Assignment. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. 4. COUNTERPARTS This Assignment may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Cannon Corporation Assignment Agreement Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement on the date first above written. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: t I a-1 av By: Aaron C. Harp W U-4-19 City torney ATTEST: / Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: t 191-[ 1 7 -0Y -o By: Grp I . Leung C{ty,M nager CANNON CORPORATION, a California corporation Date: By: Signed in Counterpart Michael F. Cannon Chief Executive Officer Date: By: Signed in Counterpart Bruce G. Ray Chief Financial Officer PENCO ENGINEERING, INC., a California corporation Date: gned in Counterpart George Jurica Chief Executive Financial Officer [END OF SIGNATURES] Officer and Chief Cannon Corporation Assignment Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement on the date first above written. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1124 2l-�:> CITY OF NEWPORT BEACH, a California municipal corporation Date: 4 By: i� By: Aaro C. Harp kiw �1't$i9 Grace K. Leung City torney City Manager ATTEST: CANNON CORf OR TION, a California Date: corporation ` q�, Date: 171 7 tel-- By: By: Leilani I. Brown Michael F. Cannon City Clerk Chief Executive Officer Chief Financial Officer PENCO ENGINEERING, INC., a California corporatio Date: y�z'9z0 By: i -- eor ieeca Chief Ex ive Officer and Chief Financial Officer [END OF SIGNATURES] Cannon Corporation Assignment Agreement Page 3