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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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