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HomeMy WebLinkAbout09 - Children Sun & Sea Discovery GardenCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 August 22, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LINDA KATSOULEAS LIBRARY SERVICES DIRECTOR, 949 - 717 -3810 lkatsouleas@city.newport-beach.ca.us SUBJECT: CHILDREN'S SUN AND SEA DISCOVERY GARDEN AT NEWPORT BEACH CENTRAL LIBRARY— APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH FRONT PORCH CREATIONS RECOMMENDATION: 1. Accept a $139,530 contribution from the Friends of the Newport Beach Library for creation and maintenance of a children's garden adjacent to the Central Library. 2. Approve a Professional Services Agreement with Front Porch Creations of Newport Beach, California at a not to exceed price of $139,530 and authorize the Mayor and City Clerk to execute the Agreement. 3. Approve a Budget Amendment to increase revenue estimates by $139,530 in Account No. 4091 -5892 (Library — Friends of the Library) and appropriating the same amount to 7011- C4091936. DISCUSSION: The Friends of the Newport Beach Library have been discussing ways to improve the outdoor area adjacent to the Children's Room at the Central Library. Working with staff, it was decided to pursue the creation of a Children's Sun and Sea Discovery Garden at this location. Three firms were invited to submit proposals to provide landscaping design services. Two firms responded to the request for proposals: • Front Porch Creations • Ridge Landscape Architects The proposals were independently reviewed to evaluate each firm's qualifications, past experience on similar projects, and availability before ranking Front Porch Creations the most qualified responder. Staff further negotiated with Front Porch Creations to provide Children's Sun and Sea Discovery Garden at Newport Beach Central Library — Approval of Professional Services Agreement with Front Porch Creations August 22, 2006 Page 2 the necessary scope of services for a fee of $139,530. Front Porch Creations has completed similar services competently and professionally on similar projects for other locations in Southern California. The scope of Front Porch Creations' professional services will include: • Preparing design drawings • Completing process permits The Children's Sun and Sea Discovery Garden design by Landscape Architect Eric Fenmore of Front Porch Creations was selected by the Friends of the Library Board at its January 10, 2006 meeting and then reviewed and approved by the Library Board of Trustees on January 17, 2006. The plan is submitted to City Council as a design /build project and the designer has approved, as part of his cost, maintenance for the first two years after the garden is built. FUNDING AVAILABILITY: The gift from the Friends of the Library is specifically designated for the creation of a Children's Sun and Sea Discovery Garden in the outside area next to the Children's Room at the Central Library. Upon approval of the recommended Budget Amendment, sufficient funds are available in the following account for the project: Account Description Account Number Children's Sun and Sea Discovery Garden 7011- C4091936 Submitted by: Li a Kats a s, Library Services Director Attachments: Professional Services Agreement Budget Amendment Amount $139,530 Total: $139,530 AGREEMENT WITH MFR INVESTMENT GROUP, INC. AND FRONT PORCH CREATIONS FOR DESIGN, INSTALLATION AND MAINTENANCE OF THE CENTRAL LIBRARY SUN AND SEA DISCOVERY GARDEN THIS AGREEMENT is made and entered into as of this day of 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and MFR INVESTMENT GROUP, INC., a California corporation, dba FRONT PORCH CREATIONS, located at 3800 East Coast Highway, Suite C, Corona del Mar, California 92626 ( "Contractor"), 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 cant' on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to install a garden and outdoor reading area adjacent to. the Children's Reading Room at the Newport Beach Central Library, located at 1000 Avocado Avenue in the City of Newport Beach ( "Library"). The garden will be named the "Children's Sun and Sea Discovery Garden" ( "Garden "). C. City desires to engage Contractor to design the garden and furnish the labor. and materials to install the garden, including hardscape, landscape, irrigation, lighting and furnishings (hereinafter collectively referred to as the "Project "). City also desires to hire Contractor to provide two years of weekly maintenance for the Garden (hereinafter referred to as the "Maintenance Services "). D. Contractor has reviewed the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the 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 Project and the Maintenance Services for the price specified in this Agreement. E. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK Contractor shall perform all the services described in the Scope of Services and Pay Items attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering. into this Agreement, Contractor represents and warrants that Contractor is a provider of first -class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. The Agreement shall be performed in accordance with the latest edition of the "Greenbook, Standard Specifications for Public Works Construction" (hereinafter referred to as the "Greenbook "). Contractor shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for Project. 2. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Contractor shall complete the Project within One Hundred and Twenty (120) days from the date of issuance of a notice to proceed. The failure by Contractor to meet this deadline may result in termination of this Agreement by City and assessment of damages as outlined below. 2.1 The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the Project on the date outlined above, Contractor agrees to the deduction of liquidated damages in the sum of Five Hundred Dollars ($500.00) for each business day beyond the date scheduled for completion provided in Section 2 of this Agreement. 2.2 Execution of this Agreement shall constitute agreement by the City and Contractor that Five Hundred Dollars ($500.00) per business day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 2.3 Contractor shall not be assessed liquidated damages pursuant to this Section for any delay caused by the practical inability of Contractor to prosecute the work of improvement due to rain, civic unrest, strikes, lock- outs and /or other acts of God, or by the action or inaction of the City. 2.4 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond its reasonable control. However, in the case of any such delay, Contractor hereby agrees to provide notice to the City so that all delays can be addressed. Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall 2 review ail such requests and may grant reasonable time extensions for unforeseeable delays beyond Contractor's control. 3. COMPENSATION 3.1 Design and Build As full compensation for the performance and completion of the Project as required by the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred and Thirty -One Thousand, Three Hundred and Thirty Dollars ($131,330.00). Payments shall be made in accordance with schedule outlined in Exhibit A (Scope of Services and Pay Items) and the Greenbook. This payment includes compensation for the following: (a) Any loss or damage arising from the nature of the work. (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work. (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquake of a magnitude in excess of 3.5 on he Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3.2 Retention Notwithstanding any other provision of this Agreement, payments will be made by City pursuant to Pay Items and the Greenbook, and no further payments shall be made until City has accepted the completed Project. This paragraph shall not apply to the portion of this Agreement dealing with Maintenance Services. 3.3 Maintenance Services City also agrees to pay Contractor to maintain the completed Garden for an additional two years, as outlined in Paragraph 16 of the Scope of Work. City agrees to pay Contractor Three Hundred and Forty-One and 67/100 ($341.67) Dollars per month for these Maintenance Services. Contractor shall submit an invoice to the City on a monthly basis, and City shall pay these invoices within thirty (30) days after approval by City. 4. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd Dalton shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. K] 5. CONTRACTOR'S RESPONSIBILITIES, MATERIALS & STANDARD OF CARE 5.1 Contractor is responsible for diligently investigating the Project site and designing the Project so that the Project does not to interfere with, damage or obscure access to existing underground utilities, conduits or structures. 5.2 Contractor shall install only the materials described in Exhibit A. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the Project Administrator. 5.3 Contractor shall provide detailed plans and specifications for each element of the Project. Contractor shall circulate the plans and specifications to the Public Works Department for approval prior to commencing work on the Project. All work must be completed in accordance with the approved plans and specifications, and shall be subject to inspection and approval by the Public Works Department. 5.4 All of the services 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 Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 5.5 All work shall be performed in accordance with the highest landscape and maintenance standards. 5.6 Contractor shall provide a work force sufficient to perform the services required herein. Contractor shall comply with all State and Federal legal requirements regulating the right to work in the United States of America to ensure that all members of the work force have the legal right to perform work under this Agreement. Contractor shall make any records related thereto available to City within ten (10) days of receiving a written request for said records by the City. 5.7 All Contractor personnel performing Maintenance Services under this Agreement shall be neat in appearance. All Contractor personnel shall wear identification badges or patches. Those employees working in or adjacent to traffic zones shall wear orange vests. 5.8 All vehicles and equipment used in conjunction with the work shall be in good working order and have appropriate safety guards. 6. RESPONSIBILITY FOR DAMAGES OR INJURY 6.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials N or other things used or employed in performing the Project or the Maintenance Services or for injury to or death of any person as a result of Contractor's performance of the services required hereunder; or for damage to property from any cause arising from the performance of the Project or the Maintenance Services by Contractor, or its subconcontractors, or its workers, or anyone employed by either of them. 6.2 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 or the Maintenance Services, or the work of any subcontractor or supplier selected by the Contractor. 6.3 Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against: (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims arising from any and ail acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement; (2) use of improper materials in performing this Project or the Maintenance Services, including, without limitation, defects in workmanship or materials and /or design defects; or (3) any and all claims asserted by Contractor's subconcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 6.4 Contractor shall perform all Project work and Maintenance Services 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 and Maintenance Services. 6.5 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement 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. 6.6 Nothing in this section shall be construed as authorizing any award of attorney's fees in any action to enforce the terms of this Agreement, except to the extent provided in Section 6.3 above. 6.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 5 7. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 8. 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 the Contractor on the Project. 9. 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, a policy or policies of liability insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. The type and amounts of such insurance is described below. All insurance policies must be submitted in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. I D. Coverage Requirements. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees 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 the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury ; personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, 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 occurrence. F. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: I. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess VA insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. H. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 10. BONDING Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in the form attached hereto as Exhibit B, which is incorporated herein by this reference. The 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: PropeML- Casually. Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond, 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 Sate of California. W 11. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval of the subcontractor, prior to the subcontractor performing any worts. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Agreement 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. 12. 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 Agreement. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her 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. 13. CONFLICTS OF INTEREST Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 14. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement 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. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Lloyd Dalton Public Works Department City of Newport Beach 0 3330 Newport Boulevard Newport Beach, CA, 92660 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Eric Fenmore Front Porch Creations 3800 East Coast Highway, Suite C Corona del Mar, CA 92626 Phone: 949 - 721 -4284 714 -404 -2695 (cell) Fax: 949 - 209 -0408 15. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. 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 Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement 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 Agreement. 16. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractors acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement, except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 10 17. 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. 18. LICENSES, PERMITS, FEES AND ASSESSMENTS Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 19. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 20. INTEGRATED CONTRACT This Agreement 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. 21. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or the Greenbook, the terms of this Agreement shall govern. 22. AMENDMENTS This Agreement 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. 23. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Scope of Services and Pay Items. 24. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 11 25. PUBLICITY RIGHTS Contractor shall have the right to take photographs and /or drawings of the Project and use them for marketing or advertising purposes, including publication in newspapers or electronic media. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: X r' . — C ff Robin Clauson City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation In Don Webb Mayor for the City of Newport Beach MFR INVESTMENT GROUP, INC., DBA FRONT PORCH CREATIONS: By: Eric Fenmore President By: Christina Fenmore Treasurer & Secretary Attachments: Exhibit A — Scope of Services and Pay Items Exhibit B — Labor and Materials Payment Bond 12 7. Founta nAhstallation; $19;750.00' ' Custom fountain,-as per Plans ' Round.foiinharn,With Coppet Spigots ninntng.into large shells $ea rocks m base. - .Installation of elecNic timer • 8. EtectricalWotk.` $1;200.00' . ,. installation of Eleetribal Systefn for lrngation, Lighting .., and, Fountain 9. 2 Pdts'to sur arians Bencti $1 60.00 Plant j 46tenal a' d Pbts = ` r ' Dnp hdeiimgahon it5talledui.Fots } 10. Set - Inspired Concrete Paths ," $18;60060 . 2a5p0 psi:coior0d concrete t 2 Se Rocks ar}d ShaUs pl d,y',n cottctet 'tp CIOnCGgt e install d m he;foil..Wing .teas 3, e In hi rehV.pfi very Nla2e J 11. � Bench -zktd3 ablesln 2 Sm�11etR�edg $ Pd'd� �. Block Co' rstruct ton ' y r Shon C p 1. �l \ a Tablas-to hav$ f�ples tor�LlFnbr4 1% r . 12. ` sea itoctt Radiating 5cin '" •; . •l $8,20060 ol Cvstottt8t:iltl R 3di*g r Sui1f of Sea Rocks C `C2. . } Wrought ir6n F?:n¢e and Exij'Gatrs `Metaliietl WiOughi ii'o do 1l atch,Efcistincj lrhn TielI" . <•' One Way Gate to:have Emer9en6y.Alarm 14. 1: Mosaic Work,; $26,650.00 ". 16 Mosaic Sea.CreafUre; ' CU3torn,Ddsioned�hd:Vulif . 12 x 12" squares.; Ocean Themed Mosaic Ring around large Reading Pod Custom Resign alto Built >9� width 13' diatiieter , -15.., Furniture. r $18,900.00 6 footWdei Teak.Beril — Librarian ' / :llFnbrellaS; "YellowVVeathiik? sis>anfF2bric Exhibit B CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to MFR Investment Group Inc., dba Front Porch Creations, hereinafter designated as the "Principal;' a contract for the design and installation of the Children's Discovery Garden at the Newport Beach Central Library, located at 1000 Avocado Avenue in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Dollars ($ ) 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 Agreement; 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 attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 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 3181 of the California 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 3247 et. seq. of the Civil Code of the State of California. ip And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement 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 Agreement 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 day of 2006. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 16 City of Newport Beach BUDGET AMENDMENT 2006 -07 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 07BA -009 AMOUNT: $139,530.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations and revenue estimates to accept a contribution from the Friends of the Newport Beach Library for creation and maintenance of a Children's Sun and Sea Discovery Garden adjacent to the Central Library. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Account Description REVENUE ESTIMATES (3601) Fund /Division Account Description 4091 5892 Friends of the Library EXPENDITURE APPROPRIATIONS (3603) iigned: Financial Approval: Administrative Services Director iigned: iigned: Approval: City City Council Approval: City Clerk Amount Debit Credit $139,530.00 Automatic $139,530.00 Dale 64te Date Description Division Number 7011 Facilities Account Number 04091936 Sun & Sea Garden - Central Library Division Number Account Number Division Number Account Number Division Number Accoual. Number Division Number Account Number iigned: Financial Approval: Administrative Services Director iigned: iigned: Approval: City City Council Approval: City Clerk Amount Debit Credit $139,530.00 Automatic $139,530.00 Dale 64te Date