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HomeMy WebLinkAboutC-9018-4 - Assignement and Amendment No. One to Contract for the Construction of Public Work - Newport Coast Pickleball Courts Access ControlASSIGNMENT AND AMENDMENT NO. ONE TO CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK NEWPORT COAST PICKLEBALL COURTS ACCESS CONTROL WITH C.G. SYSTEMS, LLC THIS ASSIGNMENT AND AMENDMENT NO. ONE TO CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK (to be referenced as "Assignment" and "Amendment No. One") is made and entered into as of this 17th day of July, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and C.G. SYSTEMS, LLC, a California limited liability company ("Contractor"), whose address is 1470 N. Hundley Street, Anaheim, CA 92806 , and is made with reference to the following: RECITALS A. On March 5, 2024, City and C.G. Systems, Inc., a California corporation ("Original Entity"), entered into that certain Contract for the Construction of Public Work Newport Coast Pickleball Courts Access Control With C.G. Systems, Inc. ("Agreement") to install key fob access systems on pickleball courts and pedestrian gates at the Newport Ridge Homeowner's Association, located at Newport Coast Dr & San Joaquin Hills Rd ("Project"). B. Subsequently, the Original Entity converted from its form as a California corporation into Contractor, a California limited liability company. C. The parties desire to enter into this Assignment to assign the rights under the Agreement from the Original Entity to Contractor. D. In addition, the parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. ASSIGNMENT Contractor, C.G. Systems, LLC, hereby accepts such assignment and hereby assumes, agrees and undertakes to perform all obligations of the Original Entity, C.G. Systems, Inc., pursuant to the Agreement. Any reference to C.G. Systems, Inc. and/or Contractor in the Agreement, shall be deemed to be a reference to C.G. Systems, LLC. 2. CITY CONSENT TO ASSIGNMENT Pursuant to Section 18 of the Agreement, City approves of this Assignment. 3. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 4. COMPENSATION TO CONTRACTOR Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Fifty Five Thousand Four Hundred Eleven Dollars and 00/100 ($55,411.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Twenty Four Thousand Two Hundred Ten Dollars and 00/100 ($24,210.00). 5. 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. [SIGNATURES ON NEXT PAGE] C.G. SYSTEMS, LLC Page 2 IN WITNESS WHEREOF, the parties have caused this Assignment and Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: . I / i& /N By: �JA!ter ) a on C. Harp � ?7s y Attorney %i6/ zy ATTEST: Date: �. 5•� By: Leilani I. Brown City Clerk /FOR''% CITY OF NEWPORT BEACH, a California municipal corporation Date: 7-1-7- 7-6,2.e By: David Webb Director of Public Works CONTRACTOR: C.G. SYSTEMS, LLC, a California limited liability company Date: Signed in Counterpart By: Kevin W. Manager Squire CONTRACTOR: C.G. SYSTEMS, Inc., a California corporation Date: Signed in Counterpart By: Kevin W. Squire Chief Executive Officer, Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates C.G. SYSTEMS, LLC Page 3 IN WITNESS WHEREOF, the parties have caused this Assignment and Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: 7 1 & ZL( By: a on C. Harp '7js Ofty Attorney�i�/ �y ATTEST: Date: By: Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: David Webb Director of Public Works CONTRACTOR: C.G. SYSTEMS, LLC, a California limited liability company Date: 7/16/2024 By: Kevin W. Squire Manager CONTRACTOR: C.G. SYSTEMS, Inc., a California corporation Date: 7/16/20 By: in q - e Chief Executive Officer, Chief Financial Officer (END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates C.G. SYSTEMS, LLC Page 3 EXHIBIT A SCOPE OF SERVICES C.G. SYSTEMS, LLC Page A-1 Exhibit A Amendment One Contractor shall perform the additional work: • Fabricate, supply, and install 2 Pedestrian Gates for the Pickleball entries; • Removal and proper disposal of the existing chain link gates; • Gates will be 7' by 4' heavy duty steel gates, screened, with push bar, and z brack to match tennis court gates; • Includes painting to match chain link fencing and proper alignment to work with electrified strike installation. EXHIBIT B SCHEDULE OF BILLING RATES C.G. SYSTEMS, LLC Page B-1 L -r SYSTEMS VISITOR MANAGEMENT SOFTWARE I PAY PARKING I PARKING GUIDANCE I FIRE ALARM I DAS automation -& technology CALIFORNIA GATE ACCESS CONTROL I FABRICATION I AUTOMATED GATES I CCTV&LPR I AUDIOVISUAL I STRUCTURED CABLING & ENTRY SYSTEMS Change Order Form Date: 6/20/2024 To: C/O City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 From: Emma Gonzalez Emma.gonzalez@cgsystemsinc.com Change Order #: 04 Job: Newport Ridge HOA- Pickleball Courts Newport Coast Dr. & San Joaquin Hills Rd. Newport Beach, CA We are pleased to provide you with a Change Order for the City of Newport Beach - Pickleball Courts to fabricate and install 2 Pedestrian Gates for the Pickleball entries. Description QtY ExtendedPrice Supply and Install two (2) new pedestrian gates forth pickleball courts lot $24,210.00 Total: $24,210.00 Notes & Exclusions • Pricing includes removal and proper disposal of the existing chain link gates. • Gates will be 7' by 4' heavy duty steel gates, screened, with push bar, and z brack to match tennis court gates. • Includes painting to match chain link fencing and proper alignment to work with electrified strike installation. • See the last page for our standard disclaimers. If you would like to move forward and approve of the above described Change Order, please sign, print, and date below. You can send our office a signed copy of this document along with your own company purchase or work order (faxed and email copies are acceptable). Kind Regards, Emma Gonzalez emma.gonzalez(@cg_systemsinc.com (714) 632-8882 ©CG 1470YSTEMS IC. N. HUNDtLEY STT. ® (70LL FREE: 14) 632-88824CAL-GATE SESALES@CGSYSTEMSINC.COM ANAHEIM, CA92806 WWW.CALIFORNIAGATE.COM CCL# 520990