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HomeMy WebLinkAboutC-9018-3 - Contract for the Construction of Public Work - Newport Coast Pickleball Courts Access ControlV CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK NEWPORT COAST PICKLEBALL COURTS ACCESS CONTROL WITH C.G. SYSTEMS, INC. THIS CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK ("Contract") is made and entered into as of this 5th day of March, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and C.G. SYSTEMS, INC., a California corporation ("Contractor"), whose principal place of business is 1470 N. Hundley Street, Anaheim, CA 92806, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor 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, as more fully described in the Contract Documents ("Project"). C. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of 180 Working days commencing upon issuance of the "Notice to Proceed". NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Contract shall commence on the Effective Date and shall terminate on March 1, 2025, unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1. Contract Documents. The complete Contract for the Project includes all of the following documents: Contractor's Proposal, attached hereto as Exhibit A; Contractor's Pricing, attached hereto as Exhibit B; Insurance Requirements, attached hereto as Exhibit C; Labor and Materials Payment Bond attached hereto as Exhibit D; Faithful Performance Bond, attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and Standard Drawings; Plans and Special Provisions for Contract No. 9018-3; Standard Specifications for Public Works Construction (current adopted edition and all supplements); and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"). Exhibits A, B, C, D and E, and all other named Contract Documents, are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2.2. Scope of Work. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project as identified in the Contract Documents ("Work" or "Services"). 2.3. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. TIME OF PERFORMANCE 3.1. Time is of the essence in the performance of Work under this Contract and Contractor shall complete the Work within 180 Working days from the date of issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted may result in termination of the Contract by City and assessment of damages as outlined in Section 3.2. 3.2. The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the Work called for in this Contract within 180 Working days from the date of issuance of the Notice to Proceed, Contractor agrees to the deduction of liquidated damages in the sum of One Hundred Dollars ($100.00) for each calendar day beyond the date scheduled for completion. 4. COMPENSATION 4.1. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Thirty One Thousand Two Hundred One Dollars ($31,201.00), less any money deducted pursuant to Section 3.2. Contractor shall not receive any additional compensation unless approved in writing in advance by City's Project Administrator as defined herein. City shall make full payment to Contractor no later than thirty (30) calendar days after acceptance of the Work by City. 4.2. This compensation includes: 4.2.1. Any loss or damage arising from the nature of the Work; C.G. Systems, Inc. Page 2 4.2.2. Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 4.2.3. Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Jeremy Brown to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. ADMINISTRATION This Contract shall be administered by the Public Works. City's Director of Public Works, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Contract. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1. Contractor shall use only the standard materials and equipment as described in the Contract Documents in performing Work under this Contract. Any deviation from the materials or equipment described in the Contract Documents shall not be utilized unless approved in advance by the Project Administrator. 7.2. Contractor shall comply with the terms and conditions of the Contract Documents. 7.3. All of the Work shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Contract, and that it will perform all Work in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. 7.4. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Contract, all applicable federal, state and local laws, and legally recognized professional standards. 7.5. Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is C.G. Systems, Inc. Page 3 legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Contract. 7.6. Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. CHANGE ORDERS 8.1. This Contract may be amended or modified only by mutual written agreement of the parties. 8.2. The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 8.3. There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1. City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 9.3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in C.G. Systems, Inc. Page 4 workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 9.4. Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity 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 Contractor. 9.5. Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 9.6. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7. Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 9.8. The rights and obligations set forth in this Section shall survive the termination of this Contract 10. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. C.G. Systems, Inc. Page 5 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator and/or designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings have been scheduled or are desired. 14. BONDING 14.1. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit E and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit D and incorporated herein by reference. 14.2. The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 14.3. Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 15. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in this Contract, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C and incorporated herein by reference. C.G. Systems, Inc. Page 6 16. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 17. PREVAILING WAGES If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 18. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the Work to be performed under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or co -tenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 19. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Proposal attached as Exhibit B. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed C.G. Systems, Inc. Page 7 under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 20. OWNERSHIP OF DOCUMENTS 20.1. Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Contract, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 20.2. Documents, including drawings and specifications, prepared by Contractor pursuant to this Contract, are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Contract by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 21. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Contract and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Contract. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 22. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. C.G. Systems, Inc. Page 8 23. CONFLICTS OF INTEREST 23.1. Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 23.2. If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 24. NOTICES 24.1. All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 24.2. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Director of Public Works Public Works City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 24.3. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Jeremy Brown C.G. Systems, Inc. 1470 N. Hundley St. Anaheim, CA 92806 25. NOTICE OF CLAIMS 25.1. Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract, except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to all claims filing C.G. Systems, Inc. Page 9 requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Govt. Code §§ 900 et seq.). 25.2. To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26. TERMINATION 26.1. In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 26.2. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 27. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site as defined by the Contract Documents, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 28. STANDARD PROVISIONS 28.1. Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. C.G. Systems, Inc. Page 10 28.2. Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4. Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 28.6. Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 28.7. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 28.8. Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 28.9. Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11. No Attorneys Fees. In the event of any dispute or legal action arising under this Contractor, the prevailing party shall not be entitled to attorneys' fees. C.G. Systems, Inc. Page 11 28.12. Counterparts. This Contract 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 and the same instrument. [SIGNATURES ON NEXT PAGE] C.G. Systems, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 120 By: (' c on C. Harp 3�s City Attorney �zY ATTEST: Date: By: - Leilani I. Brown City Clerk i Fr O e,.;� CITY OF NEWPORT BEACH, a California municipal corporation Date: -'?— A<, --,,,-)7z4 %1 . By: _,� //l ✓ �/� Dave Webb Director of Public Works CONTRACTOR: C.G. Systems, Inc. a California limited liability company Date: Signed in Counterpart By: Kevin Wayne Squire Chief Executive Officer, Chief Financial Officer Date: Signed in Counterpart Bv: Leslie Marie Squire Secretary [END OF SIGNATURES] Attachments: Exhibit A - Contractor's Proposal Exhibit B - Contractor's Pricing Exhibit C - Insurance Requirements Exhibit D - Labor and Materials Payment Bond Exhibit E - Faithful Performance Bond C.G. Systems, Inc. Page 13 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: fvyAttorney C. Harp 3� a ATTEST: Date: -- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Dave Webb Director of Public Works CONTRACTOR: C.G. Systems, Inc. a California limit d4abitity-company Date: ;V-&20;A Kevin Wayne Squire Chief Executive Officer, Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Contractor's Proposal Exhibit B — Contractor's Pricing Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond C.G. Systems, Inc. Page 13 EXHIBIT A CONTRACTOR'S PROPOSAL C.G. Systems, Inc. Page A-1 (_C-:v SYSTEMS automation -& technology CALIFORNIA GATE & ENTRY SYSTEMS Access Control Visitor Management Software Pay Parking I Parking Guidance I Fire Alarm Fabrication Automated Gates I CCTV& LPR Audio -Visual I DAS I Structured Cabling February 14, 2024 - Revision 1 City of Newport Beach New Proptia Access Control for Two of the Pickleball Pedestrian Gates and One Perimeter Pedestrian Gate Project Address Newport Coast Pickleball Courts 22250 Parched Dr Calabasas, CA 91302 Project Contact Tom Sandefur tsandefur@newportbeachca.com 100 Civic Center Dr. Newport Beach, CA 92660 (949) 644-3321 Proposal Contact Jeremy Brown jeremy.brown@cgsystemsinc.com (714) 632-8882 1470 N. Hundley St., Anaheim, CA 92806 Thank you for the opportunity for CG Systems to work with you on this project. We're proposing to install new Proptia access control system that integrates with the existing access control system used by the adjacent Newport Ridge Master Association. In summary, this proposal includes the following: • Provide & install new Proptia Compatible Access Control Panels and battery backup • Requires internet connection (by others) for functioning & remote management/service • Allows for door and security schedules and viewing transactions of fob reads • Control panels to be installed in a weatherproof lockable enclosure • Provide & install new Proptia format fob/card readers for three (3) Access Points • The four (4) pedestrian gates to receive new fob/card readers and electric strikes • Provide and install a Cradlepoint wireless / cellular internet service for proposed access control system OCG SYSTEMS INC. HQ ® Toll Free: (844) CAL -GATE ® Service@CGSystemsinc.com 1470 N. Hundley St. (714) 632-8882 Sales@CGSystemsinc.com Anaheim, CA 92806 www.CaliforniaGate.com CCL# 520990 SYSTEMS o"o,novon -& technology CALIFORNIA GATE & ENTRY SYSTEMS Access Control Visitor Management Software Pay Parking I Parking Guidance I Fire Alarm Fabrication I Automated Gates I CCTV& LPR I Audio -Visual I DAS I Structured Cabling Detailed Scope of Work ICT Access Control Panels with Proptia • We will install new ICT access control panels and power supplies for the four new access control locations • All controllers and associated equipment will be installed in newly proposed NEMA3R Lockable Cabinet -; • All readers will be automatically updated from the Control Panels when database/programming changes occur • This system is expandable if more access points are required Proptia Cloud Based Software for Access Control Proptia integrates with ICT access control Allow for single sign on for programming of resident information into multiple systems Allow programming, remote control and monitoring of access control system Proptia is a cloud -based SaaS system located on Microsoft Azure Unlimited users with access via any web browser We will implement a management system to enhance efficiency for residents and staff to grant access to residents and visitors. The key requirements required of the management system should include, but not be limited to the following: • Cloud based SaaS System with secure and controlled access for residents and staff ■ Mobile enabled software for access from any web enabled device • Incident reporting for residents and staff to report incidents within the community ■ To include GPS tagging, incident type, description notes, and pictures fields ■ Incidents to route to property management company for action • Customized dashboard and reporting system for staff ■ Customized dashboards per user login • Move In - Move Out process for ease of managing resident changes ■ System to retain historical information of previous residents for staff use • Spreadsheet upload of initial community, staff, resident, and visitor database information ■ Initial upload by dealer, information provided by HOA staff • Open API for integration to other HOA and management company software ■ AN integration may incur additional implementation costs • Management staff and resident web training is included in this proposal ■ Training is completed via Proptia online quick start guides and videos ■ Our staff are also available for remote support training as well if any of the staff ■ struggle with issues after the initial online training is completed ©CG SYSTEMS INC. HQ 1470 N. Hundley St. Anaheim, CA 92806 ®Toll Free: (844) CAL -GATE (714)632-8882 www.CaliforniaGate.com ® Service@CGSystemsinc.com Sales@CGSystemsinc.com CCL# 520990 SYSTEMS automation _- technology CALIFORNIA GATE & ENTRY SYSTEMS Access Control Visitor Management Software Pay Parking I Parking Guidance I Fire Alarm Fabrication I Automated Gates I CCTV& LPR Audio -Visual I DAS I Structured Cabling Single Pedestrian Gate Access Control Pedestrian gates will each receive a new Proptia format key fob/card readers and electrified strikes • Four of the pedestrian gates will have a key fob and card readers • New Proptia format key fob/card readers to be mounted on the strike posts • Readers are OSDP compliant and encrypted to help rejection of duplicated and cloned (invalid) access devices • Installation includes required labor, electrified hardware, control panel connections, and ancillary hardware for a complete installation • Wiring forthe new reader will be connected to a control panel • We will pull new low -voltage cabling forthe installation (assumes existing conduit is passable) • Installation includes all necessary configuration and testingto ensure the system is complete and operating properly • Excludes an gate/door hardware. All existing hinges, closers, and locksets to remain as is General Notes & Exclusions • Approximately 5-6 weeks for material acquisition and scheduling. • We estimate approximately 2-3 weeks for installation completion. • Monthly fees required. • Internet fees/connection forthe proposed system to be provided by others. • 120v power provided to proposed electronics enclosure by customers electric contractor. • Proposal pricing is only valid for thirty days from the proposal date. • After thirty days pricing is subject to increase due to material cost increases. o 50% deposit due upon receipt of signed proposal. • If the existing conduit is broken/unpassable then there may be additional costs. • High-speed internet connection is required forthe new control panels. • Miscellaneous patch cables, mounting hardware, dressing, and labeling materials are included. • Additional key cards/fobs are sold separately. • Includes training for management/board, and closeout documents for all hardware and software. • Plot plans, permits, or other agency fees not included. • See last page for standard disclaimers. • 1-year new installation warranty by CIS Systems for all parts and labor. • 2-year warranty by the manufacturer for ICT parts. QCG SYSTEMS INC. HQ 1470 N. Hundley St. Anaheim, CA 92806 ®Toll Free: (844) CAL -GATE (714)632-8882 www.CaiiforniaGate.com ® Service@CGSystemsinc.com Sales@CGSystemsinc.com CCL# 520990 EXHIBIT B CONTRACTOR'S PRICING C.G. Systems, Inc. Page B-1 CC-w SYSTEMS automation -& technology CALIFORNIA GATE & ENTRY SYSTEMS Access Control Visitor Management Software I Pay Parking I Parking Guidance I Fire Alarm Fabrication Automated Gates I CCTV& LPR Audio -Visual I DAS I Structured Cabling Pricing & Signature Description Installation of New Proptia Access Control System for the four Ped Gates Installation of Cradle Point Access control equipment and activation Provide 100 Key Fob credentials Tota l: Price $29,119 $1,187 $895 $31,201.00 Thanks for the opportunity to work with you on this project. Should you have any concerns whatsoever, please reach out via email to jeremy.brown(@cg_systemsinc.com. Kind Regards, OCG SYSTEMS INC. HQ ® Toll Free: (844) CAL -GATE ® Service@CGSystemsinc.com 1470 N. Hundley St. (714) 632-8882 Sales@CGSystemsinc.com Anaheim, CA 92806 www.CaliforniaGate.com CCL# 520990 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, C.G. Systems, Inc. Page C-1 operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as additional insureds under such policies. C.G. Systems, Inc. Page C-2 C. Primary and Non -Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its City Council, boards and commissions, officers, agents, volunteers and employees. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days' C.G. Systems, Inc. Page C-3 advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to C.G. Systems, Inc. Page C-4 terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work. C.G. Systems, Inc. Page C-5 THE FINAL PREMIUM IS This bond was issued in two (2) PREDICATED ON THE original counterparts FINAL CONTRACT AMOUNT EXHIBIT D CITY OF NEWPORT BEACH BOND NO. 024274848 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to C.G. Systems, Inc, hereinafter designated as the "Principal," a contract for to install key fob access systems on pickleball courts and pedestrian gates located at the Newport Ridge Homeowner's Association, Newport Coast Dr & San Joaquin Hills Rd, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Thirty One Thousand Two Hundred One dollars ($31,201.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomeys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Califomia Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and In accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. C.G. Systems, inc. Page D-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 7th day of arch 2024 . PR�S���NT C.G. Systems Inc. dba California Gate and Entry Systems Name of Contractor (Principal) Authorii_ d Signature/Title The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714) 937-1400 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:— / Z Lf By. a 6�, A r n C. Harp City Attorney y Authorized Agent Signature Dwight Reilly, Attorney -in -Fact _ Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED C.G. Systems, Inc. Page D-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of rc , 1 ) SS. On Ma-1 u , 20 Qj before me,1������ r Notary Pubic, personally appeared ► U who proved to me on the basis of satisfactory evidence o be the personal whose nameM is/96 subscribed to the within instrument and acknowledged to me that he/she"y executed the same in his/heel ttheir authorized capacity4es), and that by his/heNtheir signaturejW on the instrument the person s -or the entity upon behalf of which the perspq(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal, MECAM EowA1tD5 i Y Notary Public • CalHornil ■ - Orange County i COmmissicn 0 2479794 My :Omm. Expires Feb 14, IO2/ Signatur - (seal) f) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange 188. On March 7th 2024 before me, Melissa Ann Vaccaro Notary Public, personally appeared Dwight Reilly proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(!es), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS -�y�hand �d official Signature Melissa Ann Vaccaro MELISSA ANN VACCARO n COMM. #2401942 yX Notary Public -California n U. ORANGE COUNTY a }'> My Comm. Expires May 12, 2026 (seal) C.G. Systems, Inc. Page D-3 Bond No. 024274848 This Power of Attorney limits the acts of those named herein, and they have no authority to ,� , bind the Company except In the manner and to the extent herein stated, - 7+Liber+L �' Liberty Mutual Insurance Company Mutual, The Ohio Casualty Insurance Company Certificate No: 8209029-969561 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana (herein collectively called the `Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arturo Ayala; Daniel Huckabay; Adrian t_angrell; Click a Liberatore: Frank Nforones: R. Nappi: Drvip_ht Reilly: Shaunna Rozelle Osircm; Ben Stang: tvlichael D. Stonw, Benjamin Wolfe all of the city of Orange state of CA each Individually if there be more than one named. Its true and lawful attorney -in -fart to make, execute, seal, acknowledge and deliver, for and an its behalf as surely and as its act and deed, any and all undertakings, bends, recognizar>res and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of fhe Companies in their awn proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer of official of the Companies and the corporate seals of the Companies have been affixed iherato this 2 t st day of November , 2023 of PENN5YLVANIA SS h,ofMONTGOMERY Liberty Mutual Insurance Company py tNSUq�ZY INS& 1HSUp� he Ohio Casualty Insurance Company ZJ GQxPas�r�'Fc yJ LaaPc,o+rR4Z bF r �i,+ 'Nest American Insurance Company � u A m W:*�' o m rY1912 y�1919l A 1991 a ~d,��a+�cnu9�' -e P. yam � �. y' David M, Carey, Assistant Secretary On this 21.st day of November . 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company; The Ohio Casualty Company; and WestAmedcan Insurance Company: and that be, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporaturis by himself as aduly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first abovewritten. :albs&,.EQ3CJ� 73 N3,arr Pt,GtC j l !Ij LI➢ cGmniaYia r.2E. 29.''s ,w@Y: � f ribie te 11 I9�'YW Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company. Liberty Mutual Insurance Company, and West American Insurance Company which resoti,lions are now in full force and effect reading as follows, ARTICLE IV —OFFICERS: Section 12 Power of Attorney: Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shalt appoint such attorneys -In -fact. as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations, Such attorneys-ir.- act, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so executed, such instruments shall be as binding as If signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman: the President or by the officer or officers granting such power or authority. ARTICLE Xlll— Execution of Contracts: Section 5. Surety Bonds and undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -fit -fact. as may be necessary to act in behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recograzances and other surety obligations. Such, attorneys-in-factsubject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys•in- fact as may be necessary to act on behalf of the Company to make, execute, seal. ackr,cwladge and deliver as surety any and all undertaxings, bands, recognizances and other surety obligations, Authorization— By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduce signature of any assistant secretary of the Company, wherever appearing upon a cedifed copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company. and West American insurance Company do hereby cadly, that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 7th day of March 2024 , *� iNSflRi Ay-kY INS& tfrSU a' FO rt 191 0 1919 n f 1991 a O Yd',� g+4CMU�p da y AP4� wa s ''�'a,�MP da� sY� A. Renee C. Llewellyn, Assistant Secretary 8ry w �a dg� y . LMS-12373 LMIG WC'NAIC.Will Co 02121 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT This bond was issued in two (2) original counterparts EXHIBIT E CITY OF NEWPORT BEACH BOND NO. 024274848 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 293.00 , being at the rate of $9.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to C.G. Systems, inc. hereinafter designated as the "Principal," a contract for to install key fob access systems on pickleball courts and pedestrian gates located at the Newport Ridge Homeowner's Association, Newport Coast Dr & San Joaquin Hills Rd in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is Incorporated herein by this reference, WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Thirty One Thousand Two Hundred One dollars ($31,201.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attomeys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. C.G. Systems, Inc. Page E-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been uly-executed by the Principal and Surety above named, on the 7th day of /1'� arch , 2024 . C.G. Systems Syst Inc. dba California Gate and Entry. ems \ �3r� Name of Contractor (Principal) Authorized ignature/Title The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714) 937-1400 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: -9/ 1 <-I,`f A4ton C. Harp City Attorney ills 3/is/zy Authorized Agent Signature Dwight Reilly, Attorney -in -Fact _ Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED C.G. Systems, Inc. Page E-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Count of s. On A�l , 20AH before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evideriRrIo be the perso%A whose namee� is/Am subscribed to the within instrument and acknowledged to me that he/stawthe-yc executed the same in his/her/their-authorized capacity0es), and that by hisAerA4elr signature on the instrument the persons r the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M- - _nwAleps P40tary Public - California ii Orange County Commission 4 2479794 My Comm. Exmres Leo 14, 2028 Ignature se ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } ss. On March 7th , 2024 before me, Melissa Ann Vaccaro , Notary Public, personally appeared Dwight Reilly. proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA ANN VACCARO H WITNESS y hand and official seal. COMM. #2401942 U) = "" .�;, Notary Public -California rc �a .,A ORANGE COUNTY LL My Comm, Expires May 12, 2026K Signature Melissa Ann Vaccaro �"11., (seal) C,G. Systems, Inc, Bond No.024274848 okLibertX mutum- SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, Liberty Mutual Insurance Company The Ohio Casualty Insurance, Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8209029-969561 . KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company s a corporation duly orgenized under the laws of the Slate of Indiana (herein collectively plied the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arturo Ayala: Daniel Huckabay; Adrian Langrell; Chelsea Liberatore_ Frank 1Vtorones, R. Nappi; Dwight Reilly: Shauma Rozeile Ostrom: Ben Stong; lefichael D. Stong, Benjamin Wolfe all of the city of Oranee state of CA each individually if there be more than one named, its true and lawful alfomeyin-fact to make, axecute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all ondartakings, bonds, recognizarices, and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper parsons. , IN WITNESS WHEREOF, this Power of Atlomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21 st day of Nuvember , 2023 . Liberty Mutual insurance Company �, IHSLq o"i rN9G 1"311 The Ohio Casualty insurance Company gJ4co�o4+r''fn. yJ¢�axr°",ry cr "tOJc+r `'�� WestAmedcan Insurance Company 1912 0 1919 1991 n —¢ �d�T0'+�rn+isa ab O `Sr..ya,W`+ yb Y� 'r'arrNP rib s�u-r' ri „Ln U Pei— eoei"—f IZ-1 — State of PENNSYLVANIA Courtly ofMONTGOMERY sa Oni this 21 st day of November . 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Company, The Ohio Casualty Company and WesrAmeican Insurance Company, and that he; as such being authorized so to do, execute the foregoing instrument for the therein contained by signing on behalfof the corporations by himself as a duty authorized officer. IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Cda Wtam3-Ntq.7ri SWY (& P 7d180 T@iJ .�dittaa. N"J:itY FcbrX r tJortgamery tcuerr My commtmm e. xf lfta - 20, ZW5 By: iaramaxan',W bw 1'12r£45 �; rS,. My t.: MefM.. PettmYrNvra Assxat cl#testae Teresa Pasteila, Nolary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company. Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows; Liberty ARTICLE IV —OFFICERS. Section 12. Power N Attorney, Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the', President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety' any and all undertakings, bonds, reccgnizances and other surety obligations, Such agarneys-ir.-fact, subject to the limitatkxts set forth in their respective powers of attorney, shall' have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instuments shalt be as binding as if signed by the president and attested to by the Secretary. Any power or authority granted to any representative or atiomeyin-facl under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer orofficers granting such power or authority, ARTICLE XIII— Execution of Contracts: Section S. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in w0ng by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, snail appoint such aftorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge aid deliver as surety any and all undertakings, bons, recWnizances and other surety obligations. Such atlomeys4n-fact subject to the limitations set forttl in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seat of the Company. When So executed, such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make. execute, seal, acknowiadge and deliver as sutely any and all undertakings, .bonds, recognizances and other surety obligations Authorization — By unanimous consent of the Company's Board of D: ectors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power, of attorney issued by the Company in connection with surety bonds, shall be valid' and binding upon the Company with the same force and affect as though manually affixed. I, Renee C. Llewellyn, the undersigned: Assistant Secretary, The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and West American insurance Company do hereby certify that Ibe original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and elect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my nand and affixed the seats of said Companies this 7th day of March 2024 , iN5(rR yI,( INS& 5N3Up_ J �4py aogarOyrfi cJd°�oea,�rQy�r, 4P Qproq��y F c Ro C� 1912 n o' �_ 1919 n i 1997 o`s Yy� �g+cross ja y40 Al �aa S Mm.xP �bBy giy >a s'y� t� 3g rid Ranee C. Llewellyn, Assistant Secretary LM5.12973-6hAC OCIC WNC Multi Co 02121 0 00 N O1 U L m 1° b ui U E C N S A V cn 2 c d • cn Pl 00 GJ O _T Q C ci a: y �p o N ui U N o n ) U� � Il a� N U Cn c � Cy C � c 4 N U P Q U m 0 0 IS 0 F C E o c z C C 0 y In o O o E ,r a 0 0 (n � i I j i N N j y Y e co E m .rr 1� o u a y 4 a 10 w x