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HomeMy WebLinkAboutC-3851 - Central Library Children's Sun and Sea Discovery Gardeni 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 Z day of 06/014,- , 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 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 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 0 • 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 E 3. review all such requests and may grant reasonable time extensions for unforeseeable delays beyond Contractor's control. COMPENSATION 3.1 OF 3.3 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. Retention Notwithstanding any other provision of this Agreement, payments will be made by City pursuant to Pay Items a payments shall be made until City ha s This paragraph shall not apply to the with Maintenance Services. Maintenance Services nd the Greenbook, and no further accepted the completed Project. portion of this Agreement dealing 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 671100 ($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. 0 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 CI 0 . 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 Contractors 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 all 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. a w 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. 1:l FBI F • 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. 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. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 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 7 10. 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. 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. Timed 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. 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: Property- Casualty. 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. F • 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 work. 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 0 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. Contractor's 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. APPRO ED AS TO FORM: By ,401 Robin Clauson City Attorney for the City of Newport Beach ATTEST: CITY OF NEWPORT BEAC A Muni rpora 'on B. ebb Mayor for the City of Newport Beach MFR INVESTMENT GROUP, INC., DBA FRONT PORCH CREATIONS: By: Christina Fenmore Treasurer & Secretary Attachments: Exhibit A — Scope of Services and Pay Items Exhibit B — Labor and Materials Payment Bond 12 0 EXHIBIT A Newport Beach Public Library 1000 Avocado Street Newport Beach, California 92660 E Central Library Sun and Sea Discovery Garden Scope of Services and Pay Items for Work Shown on Plan B- 5195 -S Date: March 23, 2006 ' For Construction Details and Specifications, See Plan B- 5195 -S " 1. Demolition and Removal of existing Hardscape, Plant Material, Tree, Soil, Debris, etc. $2,800.00 2. Drainage Installation /Amendment: $1,700.00 Pipe to by SDR -35 Drainage to tie into Existing Drainage System See Drainage Plan, sheet L -2 3. Irrigation Installation: PVC Pipe to be Schedule 40 Irrigation to be installed in Pots Existing Timers / Valve will be utilized See Irrigation Plan, sheet L -5 $3,600.00 4. Soil Preparation: $1,250.00 3" of existing soil to be removed 3" of new 80/20 Planting Mix to be added Soil to be aerated and prepared to a depth of 6" 5. Plant Material and Installation, as per Plans: $8,510.00 See Planting Plan, sheet L-4 I-] 7. 10. 11 Lighting: 0 All lighting and transformers to be manufactured by SPJ Lighting, Inc., to be installed with 10 gauge wire See Lighting Plan, sheet L-4 Installation includes all material, labor and transformers. Pathlights, SPJ -400: 14 each Uplights, SPJ - 14-08: 18 each $6,720.00 Fountain Installation: $10,750.00 Custom Fountain, as per Plans Round fountain with Copper Spigots running into large shells Sea rocks in base See Plans, sheet L -7 for detail Electrical Work $1,200.00 Installation of Electrical System for Irrigation, Lighting and Fountain 2 Pots to surround Librarian's Bench: $1,650.00 Plant Material and Pots Pots to be approximately 24" in height Drip line irrigation installed in Pots (see Irrigation Plan, sheet L -5) Irrigation to be tied into existing Valves Pot Design and Style to be approved by Library Staff prior to install Sea - Inspired Concrete Paths: $18,6()0.00 3,000 psi concrete, 50% 1" rock, 50% 318" pea gravel Concrete to have Fibers Color of Concrete to be Davis Mesa Buff Concrete to reinforced with #3 steel Concrete to be 4" thick Sea Rocks and Shells placed in concrete See Hardscape Plan, sheet L -2 and sheet L -3 Concrete to be installed in the following areas: 3 Reading Pods Children's Discovery Maze Path to Exit Bench and Tables in 2 Smaller Reading Pods: $12,650.00 Block Construction Stacked Stone Facing Stone Caps Tables to have holes for Umbrellas See Hardscape Plan, sheet L -2 and sheet L -3 12. Sea Rock Radiating Sun: $8,200.00 13. 15. 16. Custom Build Radiating Sun Sea Rock Mosaic Detail See Hardscape Plan, sheet L -2 and L -3 Wrought Iron Fence and E)dt Gate: Metalized Wrought Iron to Match EAsting Iron Trellis One Way Gate to have Emergency Alarm Wrought Iron to be painted to match existing Iron Trellis and to be Metalized Mosaic Work 10 Mosaic Sea Creatures Custom Designed and Built 12"x 12" squares Ocean Themed Mosaic Ring around large Reading Pod Custom Design and Built 12" width, 13' diameter 0 Mosaics to be set in concrete, as detailed in Item 10, above, And in Hardscape Plan, sheets L -2 and L -3 Furniture: 6' foot wide Teak Bench for Librarian (Kingsley Bate, Item DR -60) 27Y2' Umbrellas, Yellow Weather Resistant Fabric (Kingsley Bate, MU01) Color of Fabric to be approved by Library Staff 1 11' Umbrella, Yellow Weather Resistant Fabric, (Kingsley Bate, MU03) Color of Fabric to be approved by Library Staff 1 Kinsley Bate Umbrella Base for 11' Umbrella, MB03 (55 lb. Base) Color of Fabric to be approved by Library Staff 16 Custom Cushions for Children's Reading Pod 16" x 16" x 3" Color of Fabric to be approved by Library Staff 1 Custom Teak Umbrella and Cushion Storage Unit Style and Design of Storage Unit to be approved by Library Staff All as detailed in Plans, sheet L -1 Total For All Above Work: Two Years of Maintenance: $8,150.00 $26,650.00 $18,900.00 $131.330.00 $8,200.00 Maintenance to be Weekly Trimming and Fertilizing all Plant Material as necessary Replacing of any Plant Material that does not survive Replacing of any Light Bulbs that have burned out Repairing irrigation issues " Does not include repair or replacement of Furniture, Cushions, etc. To be billed on a Monthly basis to the City of Newport Beach 0 Payment Terms: 0 10% Due Upon Execution of Contract Progress Payments to be made Monthly, less 10% Retention Progress Billings to be submitted Weekly for line items completed. Progress Billings to be paid by City of Newport Beach within 15 days of receipt Retention to be paid upon Completion of Installation of Garden (items 1 - 15), not including 2 year Maintenance. 2 Years of Maintenance (Item 16) to be billed and paid Monthly after completion of Project. Terms of Contract: This Contract is for the above Items only. Any material or labor not specifically noted above is not included in this Contract. If Items are to be completed by Front Porch Creations that are not included in this Contract, there will be additional charges. Such charges will be described in a written Change Order to be given by Front Porch Creations to Client. Existing conditions, additional work needed, etc., will adjust the Contract Front Porch Creations warrants Client satisfaction for one calendar year from the date of completion of work. Expectations and Warranties: 1. Plant Material: Plant Material, including trees are guaranteed during the two year maintenance period. 2. Irrigation and Drainage: The irrigation and drainage materials have a two year warranty. 3. Low Voltage Lighting: We warranty the fixtures, wires and transformers for a two year period. Sincerely, Eric Fenmore Front Porch Creations Commercial Certificate df1 Agency . HANK MIGLAN INS. AGENCY Nam, . 3700 CAMPUS DR. STE 208 & • NEWPORT BEACKCfti_ 92336: Address St. 97 DiSL 07 Agent 391 Imued . MFR INVESTMENTS GROUP DBA Name a FRONT PRCH CREATIONS & • 38130 E. COAST HWY #C' Andress CORONA DEI MAIL, CA. 52625 1 R i:W F �. f_ 1 {i lFr,lll i.E il.l -1 is Y RIP- 'r ,•! l!- ' i l - i!. t Np {lt Wit 1 ti" ttttl' l' e • =63Y A t y B Vammm limarance ExdmW Lem co ,y C S. tate Compensation In aw r Iar=Riymins ' I Y4. Yrl {1V ' 1YIi' I. a . IJr M n 177M fill' f is r31..1 R . MM,rt .it t k -1 ! I;li F -•( I i�l a i ^.: {ti ["•!! it tt^ {- >' 1 ' t `. k Y N• •• r. S.E. 3Y l:: t .) Y t'i'1 I +i r.l•• I1` �1• i iEi mffmateHdf � . The City'ofNewpott B" Name A Municipal Corporation & • 3300 Newport Blvd Addles; • Newpod Beac6,Ca.92658 items: callwhifim Shm d any of the above desuibed policies be rartm ed before Ow ezpii-atian date thered. the rang camp" wiU m deavtr'to trail 30 days Wntlm notice to the certificate Wder tamed to the IM, but'fatlme to matt mch notice shall i appu no obiiginion m liability of any kind Upon ft cmnpmy. its ageatta of tepresmtativm 4 AWwwbk Uabdity i Cnmlifned Singte. AD Owned 602568274: 06114)2005 0&l4 2W7 S 1,000,01)0 Autas Bzrd1Y Nun -Owneti Adds Gasa�,I;ablllry Prnpffiy A'.mw ; O S uff&ma9:iahility Lunit g X .tit'Cm;vsirdon 1759954 -46 O&OlL20a6 0"1/2007 dot r,fMlfi,0011 aW DISC=s Fxtifmvi w 3 1,(iQ ow ti lily Disea<c- Paticyumit . 4 i_0m.0ti0 mffmateHdf � . The City'ofNewpott B" Name A Municipal Corporation & • 3300 Newport Blvd Addles; • Newpod Beac6,Ca.92658 items: callwhifim Shm d any of the above desuibed policies be rartm ed before Ow ezpii-atian date thered. the rang camp" wiU m deavtr'to trail 30 days Wntlm notice to the certificate Wder tamed to the IM, but'fatlme to matt mch notice shall i appu no obiiginion m liability of any kind Upon ft cmnpmy. its ageatta of tepresmtativm 4 THIS ENDORSEM%fHANGES THE POLICY. PLEASE W IT CARFEULLY. WAIVER SUBROGATION AS BY CONTRACT This endorsement modifies insurance provided under-the following: . COMMERCIAL GENERAL LIABILITY COVERAGE The Company agrees to waive any right:uf recovery, agaiinst.eny person or organization, as required by written contract, because of payments we make for injury or damage which is limned to liability directly caused by "your work "which is imputed to such person or organization. ALL OTHER TERMS.AND CONDITIONS OF THE POLICY REMAIN UNCHANGED:, AP5004US UtW Pagel of i THIS ENDORSEMEt HANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS SECTION 11 — Who Is An Insured is amended to include any person or organization you are required to include as an additional insured on, this policy by written contract or written agreement in effect during this policy period and :executed prior to the °dccurrencqe, of the 4bodily injur1r or 'property damage.' The insurance provided to the Additional` Insured under this endorsement is limited as folldwIK f. Tfie:person or organization is only an additional insured With respect to liability. arlsin 9 solely out of 'yourwork* or .your pToducr which is imputedtolheAdditional Insured. 2. in the event that the Urnits.of. Insurance provided by this policy exceed the :Limft of Insurance required by the written contractor written a a greem Kjfiolinsurance. provided by this endorsement shall be limileflov the Limits of Insurance requirpd by the written contract or written agreement. This, �endors,erneqtsha,ll not increase the Limits of Insurance stated in the Declarations. 1 This insurance does n6tapoly to 'bodily iiijurr or'properdy:damag arising out A of� I . your woW or 'your product' included jhthe°products — conripleted operations hazard'idriless yoware required toprovide:sUch coverage by written contract or written agleement but-only for the period of time,required by thewritten, , contract or written agreement and only for 'bodily injury, or "property daMage thatotcumduring the . policy period arising oulof 'your work° or'`your product".. 4- Any:ooverage. provided, bythisenclorsement to an Additional Insuredshall be excess over any other valkland collectible insurance available to tha.Additional Insured whether primary, . excess, contingent or on any other basis untess-91 written contract or written agreement specifically requires that this insurance a d apply on a primary on. noncontributory basi& 5. Mere no coverage shall apply here-in1drthe-Nerned Insured. no coverage dr defense shall be afforded to the Additional Insured. 6. ThIsJnsurance does not apply to'bodily injury" or °property damage arising out :df t he sole negligence of the Addition W— Insured. ALL OTHER TERMS AND CONDITIONS OF THIEPOLICY REMAIN UNCHANGED. AP2009 US 0121-06 Page 1 of 1 _0911212006 16:14 THIS 9497522 HANK PILIGIAN U CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Poly change Number 1 PAGE 04 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE 00014460.0 9/812006 12:01 AM James River Insurance Company Standard Time at the address of the Named Insured NAMED INSURED AUTHORIZED REPRESENTATIVE MFR Investments Group Michael P. Kahoe dba Front Parch Creations COVERAGE PARTS AFFECTED ALL COVERAGE PARTS CHANGES ENDORSEMENT CHANGE For an additional premium of $1,250, The following endorsement is deleted from this polioy: CG2139 1093, Contractual Liability Limitation The following endorsements are added to this policy: AP2009US 02-06 Additional Insured as Required by Written Contract, as respects: The City of Newport Beach its elected or appointed officers, officials, employees, agents and volunteers 3330 Newport Blvd. Newport Beach, Ca 92660 Attn; Public Works Dept AP5004US 12 -03 Waiver of Subrogadon as Required by Contract, as respects: The City of Newport Beach Its elected or appointed officers, officials, employees, agents and volunteers 3330 Newport Blvd, Newport Beach, Ca 92WO Attn: Public Works Dept ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. IL1201EN 0403 Page 1 of 2 60256 -82 -74 POLICY NUMBER 3Mmx 'AUTO DECLARATIONS (Continued) it>Siii±Tl m 1!PH0411 F OFCOVEREDAUTOS YOU OWN 15"1914WEDMON M 68 WEO1 Ii f i M�wS� ca4E'20)�:� DESCRIPTION TERRITORY ' PURCHASED Year, Modei. Trade Name. Body Type &xiall'Numbor (8) Vehicle IdenUficaiidn Number Town B Slate where Cow:red Auto will be principally g3reged Original Actual Cost B C (ail+) lost New New( "3 _�� SF$42353 X1500 SILV 39600 CORONA DEL MAR' CA 86 3 41144567 C1500 SILV 24970 CORONA DEL MAR CA 86 4` '04s 41419302 C250CHD SI 29620 CORONA DEL MAR CA 86. 5 04 U 4F184761' PN 27620 CORONA DEL MAR . CA 86.-. 4R377349 CLASWSW ON Fxcept for lowing, all p1r/stcai damage Fkdlus'of Bgslness use She 6VW. Age Primary Secondary Code Opetaticn s - service 6CH1 ON% et°up Rating Rating loss Is payable to you gi d the loss r - retail swung Factor Factor payee named below alinterests Covered! o- commercia Capacity may appear at the time of the loss. Liab. Piny. ilutfl!No Dam. t 0 g 000 08 os 00 °�S° :Op00 811884 SEE E1112 -'• o _ to° s ,- '' :°000600 0117189 ES REMiUMS LiMfrS:ANDU CTIBLES(Absenca:'dfa deductible or limiteniry in any column lelmv means that lhr: limit deductible a in the cones dln JrEIVITN O r&mn applies instead Mich. "'-`LLMLLTY - PERSONALINJURY PROTECTION ADDED P.I.P. PROP, PROT. only) 'Limit Premium Limit,statiw In`each Premium Limit stated in each Limit stated in P.P.I. Premium Cdveied P.I.P End mina de- Added P.I.P. End- end. minus deduct Auto Na ductible shown below Premium shown hetaw 2h F ° GGp a , 1 ' 029.0 Totiit i 4..:., Prmrdum ,��' 5,145.0 4 �-CQVW9WWWIUMS,LI MITS.ANO D4MIRLE�S(Ab -pence of a deductible or limit entry in any column below means that the limit a '" udlMe,en to ii a Ceres ndin �rrEmaTWO.cai`umMa ies Instead COVered '' 'AUTOiPAFD: PAY UNii SURED'MOTORISTS UNINSURED MOTORIST UNDERINSURED MOTORISTS PROPERTY DMAGE AutbNof > "' Limit Premium 'Limit Premium 'Limit Premium 'Limit 1 Premium 5 FOUL—] 8�i '1010:0 .9 Traal�r,; Ptem 1tm `' 525.0 P1°COVBRA61'S pNEMIUMS;.LIMf f5 AND DEDUCTIBEES(Absencebt ad educt ale or limit entry In any column Below means that the limit M` or'deduinible e` .lMthe comas ndl - ITEA&T.M. -J tumrf- li - instead ) "¢OMFRENENBtUE' = SPECIF.IEOMAUSES OF'LOSS' COLLISION tOWf "O LABOR Corgi Limdstatsd! OtigM Premium "Ltmd "state Piii ITEM" Limit stated in ITEM Premium Limit Per TW Premium Autt%Na -ilivurrwo G TWO TWO minus deduct Disablement title "sliaipom I�alow Premium shown below 1 US �000 g M HA ,d8S 206.00 10600 HMO F E.- 909.0 9,aH3.tlQ _- TJ1111M.ISHOW141H TH0U3AND31 15"1914WEDMON M 68 WEO1 Ii f i M�wS� ca4E'20)�:� j • 60256- 82 -74' DElYARATI(NIS.51)BRLEffitN TAL gL9IEDULF APO AUTOS YOU OWN OEsmiPT10H TERRITORY PURCNA.9ED j Year: Model, Trade Name, Body Type Town &'State where clerud Serial Number (S) VehidelderdlRation Number Original Actual Cost & Auto will be principalty'garaged (VIN) Call New New AC UU CM-rnnv— CORONA DEL MAR: $S- 6- 3J257676 i CLASSIFICATION Exceut for towing, all ysloal damage Radius' Business use Stm AAa" Primary Secondary Code Opatioa s =xNioe 6CW orVeh Group RaUng Rating loss Is payable t0 you nd the foss r •retail Seating Factor Factor payee named betOw a interests tab. Fbb . Coved a - commercial capacity may appear at the tirr i of the loss. AAu.6 -,NN -0.a 50 1.0000 1.0000 11 —OWGIE&PREMIUMS, LIMITS AND UmUCTI entry t MES(Abscm a, ofadebf eorlimitentinancolumnbelwmanathamit oi:dedubUWe entry in the co ndl 'IT€M TWO:column a les sd LIABILITY 'PERSONA1101INJURY, PROTECTION ADDED P.I.P. PROP. PROT, (Mich. only) 'Limit Premium Um" 'stated lnreach Premium Limit slated In each Limit stated in P.P.I. Premium Coveisdi P -1:P. Er•.tl minus'de• Added P.I.P" End. end. minus deduct I AtUO tlo ducbble shbWri below Premium shown below ut Premhim 1,029.0 COVCJtACfS PREMIU S; UMITS AND;DI OUCT16Lt (Abse are deductible or limit entry marry column below means that "'ITEM ; limit +or:'dai1a><e'eri yin the corm ndf TWDi6ol6mnia lies instead Ovjcrad+ "' "'R VED PAY UNINSURED'MOTORIM UNINWRED MOTORIST UNDERINSURED MOTORtM I0 PROPERTY DAMME r ArdD °'Limn Premium `UMR Premium °Limft Premium -Li Premium TUOO- �Ttdal��r Preinigm � 03.0 CVERGES^M;Llm A Di DEDUGfBLES.( Abse= ofa. dductibleorlimitentryinanyoolumnbowmensthatmelimit ordeduCU�e 411, come rdln M stead �CORIPIR ENSIVE ' ' °SPECIFIED;CAUSEB'OF =LOSS'' COLLISION TOWING LABOR stAted;InITEM Premium Limit slithdiinITEA1 Umitstatedinum Premium Limit Per Premium Covered, TWOmmnus•dWuo TWO TWO minus deducL Disablement A "iitn'Nn UbIUVRVmbelow Premium ahuavn below '` 0 Z34. 01Y •TOlal� ' Pt�nium 234.00 .(U r 5fal In J„ I r6Ctlp ITH OM"M EDi VS7XTAa POLJCY NUMMR:60?56 f 4 grmr IAL AUTJ TMS ENDORSENZNT CHANGES THE POLICY, PLEASE READ IT CAREFULLY .x endonment modirm Insurance p i . under the followbilp :BU$INESS AUTO COVERAGE 'A' GARAGE RM TRUCXERS COVERAGE rq f B.VSPWM AUTO MYSICAL ]DAMAGE COVERAGE FORM ibiseadmement changes the policy s feats on the inception date of the policy unless mother :date is below........ �. %tusl^>r►ncg Company: Farman Insurance S*-Wtifaben 60256V-74 `R8'ec8ve Date4:09JiVIW (Authorized Ropreseatatiwe ): SCHEDULE Expiration Date eontlnpous until cancelled. NOMW 1 npred:yrout Torch Creatkrns Tnc Addltioaai`iasnredt City of `4 l tart Reach Address: 3300 Newport Bivii , Newptnt $each' Ca. 4265$ Dtsig noon or 1leseription of ".Antos" (Year, Make, Model, VIM : See Attacbed Schedule 'WHO IS AM INSURED :is atneaclyd:io nplude as an instued the person or'organiastian ahaevn In -the j Schedule 9 an insnred;but only whit raspeat.t9•i3ability arising out ofyour operation of ft autos �. Described In the Schedule. Coverages Limit of Irmnance $' lm 000 Each "Accident" Cisnnsive "AC{ltiAi fti n.. f %tusl^>r►ncg Company: Farman Insurance S*-Wtifaben 60256V-74 `R8'ec8ve Date4:09JiVIW (Authorized Ropreseatatiwe ): SCHEDULE Expiration Date eontlnpous until cancelled. NOMW 1 npred:yrout Torch Creatkrns Tnc Addltioaai`iasnredt City of `4 l tart Reach Address: 3300 Newport Bivii , Newptnt $each' Ca. 4265$ Dtsig noon or 1leseription of ".Antos" (Year, Make, Model, VIM : See Attacbed Schedule 'WHO IS AM INSURED :is atneaclyd:io nplude as an instued the person or'organiastian ahaevn In -the j Schedule 9 an insnred;but only whit raspeat.t9•i3ability arising out ofyour operation of ft autos �. Described In the Schedule. Coverages Limit of Irmnance $' lm 000 Each "Accident" Cisnnsive "AC{ltiAi ;' CASK VALUE OR COST OF REPAIR WHICHEVER IS t E�5,; Mmi. 5:1000. For Efth Covered "lints" collision ACT AL CASH VALUE OR COST OF REP" WHICHEVER IS L IRV. NLIAit.TS. $ 1000. For Each Covered "Auto" . Spmffiied;Causea of Loss AC. MAL CASH VALUE'OR COST OF REPAIR WHIGFTSVZR IS LEAP, trDYJUB: $ P6,r Rae h Covered "Auto" R0902 AtbMh to your POIW01140 Sam P611ty IIum"f gnu'"" U11 EMORSUaw 8 Data 00/12/06 6025,6- 2 14 Policy Number of the Company designated in the Declarations L INSURED OF NEWPORT BEACH AMUNICIPAL CORPORATION ITS OFpIcIMW, OFFICIALS, EMPLOYEES AND 'PORT BEACH BLVD BEACH CA 926.58 7111 jn0ors 6 contrary, I Is -0 ament Is part of your policy. It supersedes and conlrols:anything I the I to,: :COUNTIMSIONKO v THIS ENDORSEMEIPHANGES THE POLICY. PLEASE WD IT CAREFULLY. POLICY CHANGES Policy Change, POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE 00014460-0 9/a/2006 12:01 AM James River Insurance Company Standard, time at the address of the Named Insured NAMED INSURED AUTHORIZED REPRESENTATIVE MFR Investments Group Michael P. Kehoe dba Front Porch creations I COVERAGE PARTS CHANGES ENDORSEMENT CHANGE an additional premium of. , $1,250, The following, endorsement is deleted from this policy: CG2139*169,3,,Contra6i6til,Li6bility Urritation The following endorsements ire -added to thispOlidy- 'AP2009US 02-06 Additional Insured as Required by Witten Contract, as respects: The City, of NewportBeach Its; elected or appointed.officers, officials, employees, agents andvolunteers 3330 Newport Blvd, Newport Beach, Ca 92660 Attn: Public Works Dept AP51004US 12-03 Waiver of Subrogation as Required by Contract, as respects: The City of Newport Beach its elected or appointed officers, officials, employees, agents.and volunteers 313210 Newport Blvd. Newport Beach, Ca 926610 ,Attn:, Public Works Dept. ALL OTHER TERMS' AND CONDITIONS OF THE POLICY REMAIN UNCHANGED; IL1201EN 04-03 Page :1 of 2, . 4WRMOLDER COPY sa STATE P.O: BOX 420807. SAN FRANCISCO CA 9414Z -0807 OOMrffNsX"ON f N S U t�'A rs C fE "UNO am-nFi ae or. wi?ttKm, .COMP, MsATfCW 11 SURANCE MUE DATE. 09'119-206 GROVR POL= NUMBER 179 #9e19.1taa0 CERVICATE Im CeDt'fIFICATE PJ{ M& 06- 01-2007 00- Ot- 2006/00-01 -" 3'7 CITY OF:HWPM BEACH A XMICIFAL CM. so 3300 NDflftT BLVD PKbWff BRAG" CA 92M -8119 Is to *WON Val we tssre )sped A vzld WarkOrW Compensation inmsanoe policy hi a tom amoved by 04 t;,Ni w& ftwwss CwnrMsslofw to Ito wWoyw ramep below for the.Palcy period kOcataiL Vas poft Is not sOfaot to c-W"llation bv,afis Rani excsPt upOn10 deys advsnea wthiv?t nm6ca to he amloyw. We w 4l afso 00:m tadays afimae nafte sbouid We paltry tie csircegad prior to fta nwriOf expirsetms Tt� cord iome of WImr nce is not as km mcs polop arxt does A61, 0 rend. axterw) ar atw. me coverigs afforded by ft pW lsud rap�as Neewl rt9;eny- raquWartetft, terin or' eantlCeMa of any nwutr or add daeomaet whit rsapeKt w *Nth T6s es� mot Insiranga eft+ be nsusd of to which /t msy partdn, tha enswaaca aftor4ed,by Sae FofitY d19wrftd teretn'is ubjeat to .a1.90 terms. exahWona &W Coref+tiorw. of such :Policy. PRESENT OPLOMAS LIADILITY. LIMIT }:iiCJ.itOIM WFlWt CCt"ri'3..:' '$7..000,000 PER RE"M Elmmao C m" . ERIC .FEN1@AE? + excuma, 47840 - t1i42sflNtt`fE'tmm vP - iDCG MED. m7a,dEN:ITLED lfATY XAF SU8AD9ATION EFFECTIVE '20De- 01 -.10 ib ATTAtf WTD AHD FOOD A PA" C/ This Paucy. THIND :PA TY KQMS CITY WHOMM BCACN .A ANICIPAi aw. F. ,Ulfyl --1 sW'R tMVE mff BMW, INC OVA, F"ff POPAH MW'SANTA NELLA TERAAC CORMA Ak MAR CA #2026 i V."l PkY1JTE0 :' 00-14-20M s SEP -14 -2006 THU 01:37 PM Br Brown Inc FAX N0, 7 J21 4192 P. 01 Fox #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Reach This checklist is comprised of requirements as outlined by the City of Newport Beach. /� Date Received: c_ j q� n Dept,/Contact Received From: V �'fGY yI ye e, 6" �W Date Completed: i qI 1A Sent to: k*_ By: Company /Person requ ed to have certificate; 6 6 I, GENERAL LIABILITY I, (p T.- A. INSURANCE COMPANY: �' B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): J Is Company admitted in California? ❑ Yes D. LIMITS (Must be $1 M or greater): What is limit provided? " 4! j1" / rV1 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Wes- fil4o F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its / officers, officials. employees and volunteers): Is it included? [g Yes ❑ No G, PRIMARY & NON - CONTRIBUTORY WORDING (Must be Included): Is 0 Included? Yes ❑ No H. CAUTIONI (Confirm that loss or liability of the named Insured Is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes I1J Ko L NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: t B. AM BEST RATING (A: VII or greater): _ iA '? AV " C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? aa es ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? 11 W-1- j E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it Included? ❑ Yes R�va F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers o ly): Is It included? 1\ 7i ❑ Yes . ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Ill. WORKERS' COMPENSATION A. INSURANCE COMPANY: S!�t d �1 B, . AM BEST RATING (A: VII or greater' Q4 V C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it Included? ❑ Yes ,L� f o HALE ALL ABOVE REQUIREMENTS BEEN MET? 11, )) ❑ Yes 2No IF O I SfLE�EDTOB COMPLETED7 � N�/7'- Ilisul'Rn a 'o`i�" �y��? � tuG, r•v�i% P�- �vl,d�r�`x, •ar d I�ro vi J CITY OF NEWPORT BEACH BOND NO. 1106706 PREMIUM: $2,216.00 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to MFR Investment Group Inc., dba Front Porch Creations, hereinafter designated as the "Principal," a contract for the design and installation of the Children's Discovery Garden at the Newport Beach Central Library, located at 1000 Avocado Avenue in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any. materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, SURETY COMPANY OF ME PACIFIC duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of * Dollars ($ 98,498.00 ) lawful money of the United States of America, said sum being equal to 1 ' bf 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 riqht of action to them or their assigns in any suit brought upon this Bond, as W. . 7 EIGW THOUSAND FOUR HLVMRED N1NhM EIGffT 19 * s • required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. 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 12711 day of SEPTEMBER 2006. MFR INVFSMO f GROUP INC. DBA FROUr PORCH CREATIONS 1424 SAbTPANEL_A TE CORONA DEL MAR. CA 2 25 /' ✓�ii�r7�._ Name of Contractor (Principal) uthorized • naturefitle SURETY COMPANY OF THE PACIFIC Name of Surety 6345 BAU30A BLVD. BLDG.22_SIE.325 FNCIlQO, CA 91316 Address of Surety (818) 609 -9232 Telephone THIS BOND SPFJCIFICALLY Di;CUMES, ADDITIONAL TWO YEARS :?OF MAIRrERANCE OF 713E SCOPE OF WORK. Authorized Agent Signature GEoRtE ALFRED PFATE LIcENSEt OD42655 Print Name and Title ,�; �o. 1 115► 1 �•e+'•' NOTARY ,ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 20 SHITY COMPANY of tic PACIFIC 6345 BALBOA BOULEVARD, BUILDING 2, SUITE 325, ENCINO, CALIFORNIA 91316 -1517 REPLY TO: POST OFFICE BOX 10289, VAN NUYS, CALIFORNIA 91410 -0289 PHONE: (818) 609 -9232 POWER OF ATTORNEY NOTICE: 1. This Power of Attorney is void if altered or if any portion is erased. 2. This Power of Attorney is void unless the seal is readable. KNOW ALL PERSONS BY THESE PRESENTS: That, SURETY COMPANY OF THE PACIFIC, by Paul R. Geissler its President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: "RESOLVED: That the President or any Vice - President may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or any Vice - President, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint GEORGE ALFRED PEATE, of ENCINO, California, its true and lawful Attorney -in- Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS. IN WITNESS WHEREOF Paul R. Geissler, said President has hereunto subscribed his name and affixed the corporate seal of the said SURETY COMPANY OF THE PACIFIC, this 30th day of September, 2004. SURETY COMPANY OF THE PACIFIC . By Paul R. Geissler. President STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss On this 30th day of September, 2004, before me, Yelena N. Antekelyan, Notary Public, personally appeared Paul R. Geissler, President, of Surety Company of the Pacific, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) KAHMSM CommWlort # lI1tIN1 Notary Public - CaNantN Los ArgeW County 11mv Comm, 6tpiiesMay 17. elena N. Antekelyan, Notary Public ACCEEPPTEEDD _A�N�D fA EED T V 4 Signature �o- l Date CERTIFICATION 1, the undersigned, Vice President and Corporate Secretary of SURETY COMPANY OF THE PACIFIC, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Vice President and Corporate Secretary,, and affixed the Corporate Seal of the Corporation, Oil SEP 1 2 2006 - D CthlZeen�Kelley President and Corporate Secretary CSIJR59 -8/05 SURTY COMPANY of Me PACIFIC (41 6345 BALBOA BOULEVARD, BUILDING 2, SUITE 325, ENCINO, CALIFORNIA 91316 -1517 REPLY TO: POST OFFICE BOX 10289, VAN NUYS, CALIFORNIA 91410 -0289 PHONE: (818) 609 -9232 To: PUBLIC ENTITY (GOVERNMENT AGENCY, MUNICIPALITY, SCHOOL DISTRICT, OTHER) Surety Company of the Pacific (SCP) has been an admitted surety in the State of California since February, 1969. The Certificate of Authority issued by the California Department of Insurance (CDI) granting SCP authority to transact surety business within the state is in full force and effect. This Authority has never been surrendered, revoked, cancelled, annulled or suspended and we are proud of our uninterru ted service to California's contractors. You can easily verify the currant status of our Certificate of Authority by contacting the California Department of Insurance at (213) 897 -8921 or by visiting the CDI Web site at www.insurance.ca.eov. If you are visiting the Web site go to the'section with the heading "Insurers," look for the "Regulatory Activity" column heading, select "Insurance Company Profiles" option and then enter our company name: Surety Company of the Pacific. CSUR7 -7/03 E N? 5995 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority Tms Is To Cmaursr, That, pursuant to the Insurance Code of the State of California, Surety Company of the Pacific Of Encino, California , organized under the laws of California , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of California, Tins CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WrrxEss WBmwoF, effective as of the------ 7_tJa ------------- day of_ kWY mber -_, I9__9 -4, I have hereunto set my hand and caused my official seal to be affixed this -7 r h- - - - - -- ---------- ►rlujro LOWAV41110-8 0 i Qualification with the Secretary of State must be accomplished as required by the California CorporahQyfr Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code See. 701 ` and will be grounds for revolting this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. 91 99441 Fo u CB-3 0 0 CERTIFICATION OF CERTIFICATE OF AUTHORITY I, Kathleen Kelley Goodwin, am the Vice President and Corporate Secretary of Surety Company of the Pacific. Attached is a true and correct copy of the Certificate of Authority of Surety Company of the Pacific which has not been surrendered, revoked, cancelled, annulled, or suspended and which is in full force as of the date of this certificate. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. SEP 1 2 2006 Executed Encino, California. athl en Kelley Goodwin, Vice President and Corporate Secretary (SEAL) CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LAS ANGELES on SEP 1 2 2006 before me LETICIA ROMANO, NOTARY PUBLIC, (Date) personally appeared KATHLEEN KELLEY GOODWIN Personally known io me to be the person whose name is subscribed to the within insu meat and acknowledged to the that she execute the same in authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Signature of Not* Publid CSUR64 -05 0 0 aH]lF4 �y ai 74'iN INN �e�( tXav f1 rJ.Jt : vt,1 F California Business Search ® Page 1 of 1 C.al��f�or�ll�ia MFR INVESTMENT GROUP, INC. Number: C2355709 Date Filed: 8 /22/2001 � us�ine -ss I''ortal Address 1424 SANTANELLA TERRACE CORONA DEL MAR, CA 92625 q� - aBRtl1O&N ERIC FENMORE 1424 SANTANELLA TERRACE CORONA DEL MAR, CA 92625 t e' ci jga ePHERSON DISCLAIMER: The information displayed here is current as ofSEP 08, 2006 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation MFR INVESTMENT GROUP, INC. Number: C2355709 Date Filed: 8 /22/2001 Status: active Jurisdiction: California Address 1424 SANTANELLA TERRACE CORONA DEL MAR, CA 92625 Agent for Service of Process ERIC FENMORE 1424 SANTANELLA TERRACE CORONA DEL MAR, CA 92625 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for inforiation relating to service upon corporations that have surrendered. http : // kepler. ss. ca. gov/ corpdata/ ShowAIlList ' ?QueryCorpNuinber= C2355709 &printer =yes 09/14/2006 License Detail 0 ® Page I of 2 License Detail CALIFORNIA CONTRACTORS STATE LICER. Contractor License # 833989 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124,6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 09/14/2006 * * * Business Information * * * M F R INVESTMENT GROUP INC dba FRONT PORCH CREATION 1424 SANTANELLA TERRACE CORONA DEL MAR, CA 92625 Business Phone Number: (949) 721 -4284 Entity: Corporation Issue Date: 03/13/2004 Expire Date: 03/31/2008 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Additional Status Information * * * Click here for Complaint Disclosure information. * * * Classifications * * * Klaigi Description ©GENERAL BUILDING CONTRACTOR F--I http://www2.cslb.ca.gov/CSLB LIBRARY /License +Detail.asp ?LicNum= 833989 09/14/2006 License Detail 0 0 Page 2 of 2 (C29 IM.A_SQNRY 11 * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 6071948 in the arr $10,000 with the bonding company SURETY COMPANY OF TH_E PACIFIC. Effective Date: 04/26/2006 Contractor's Bonding_History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) ERI FENMORE certified that he /she owns 10 percent or more of the voting stock/equity of corporation. A bond of qualifying individual is not required. Effective Date: 05/30/2006 BQI's Bonding_H. istM * * * Workers Compensation Information This license is exempt from having workers compensation insurance; they certified that they employees at this time. Effective Date: 02/06/2004 Expire Date: None Personnel listed on this license (current or disassociated) are listed on other licer Personnel List Other Licenses Complaint Disclosure License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesper,on Name ._Request O 2006 State of California. Conditions of Use Privacy Pollcy http: / /www2.cslb.ca.gov /CSLB_ LIBRARY /License+Detail.asp ?LicNum= 833989 09/14/2006 Best's Rating Center - Compa *formation for Surety Company ofthoCific View Ratings: Financial Strength Issuer Credit Securities 9dyanced_S-eareh Surety Company of the Pacific A.M .Best f1: 04054 NAIC M: 12]9] FEIN ii: '952564845 Address P.O. Box 10289 Phone: 818- 609 -9232 Van Nuys, CA 91410 -0289 Fax: 818 -609 -9331 Web: www.suretycopac.com Best's Ratings Financial Strength Ratings View' Definitions Rating: B++ (Very Good) Financial Size Category: III ($2 million to $5 million) Outlook: Stable Action: Affirmed Effective Date: May 23, 2006 * Denotes Under Review Best's Ratings Page I of l Other Web Centers: I' Assigned lo canpani tslh.r e- A""""non cons""bililyt av:, to l ongoing obigalions to WlicyhOlders. 1 Reports and News Visit our News Room for the latest news _and _press releases for this company and its A.M. Best Group. Best's_Company Report - includes Best's Financial Strength Rating and rationale along with comprehensive analyt _11j detailed detailed business overview and key financial data. t- -v Report Revision Date:. 0610112006 (representsrthe latest significant change). ' Historical Reports are available in _Best's. Company_ Report Archive. 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Best Worldwide Headquarters, Ambest Road, Otdwick, New Jersey, 08858, LLS.A. http: //v w-�v3.ambest.com/ ratings /FullProfile .asp ?B1= 0 &AMBNum= 4054 &A1tSrc =1 &Alt... 09/14/2006 '*, a"Y 7"� - • • Thompson, Lois Modified: Tue 8/15/2006 2:19 PM Contractor Submitting Cashier's Check in Lieu of Bidder's Bond Note to File: C- i,k8mt �►Nk-rcnA'us Contractor submitted er s checgin the amount of $ 3Qif3a, �*Ib in lieu of bidde's bonds. Checks were deposited in above account. When normal "Release of Bond" occurs, bring a copy of this document and a signed Payment Authorization form to Accounts Payables and a check will be issued through the normal batch process as a refund. Lois Thompson, Fiscal Operations Manager 020 -22059 RT BEACH LIBRARY o -wow, i. $ 1059 171 El C • 0 C - ;A51 CITY 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: 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 0 0 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 Ka a s, Library Services Director Attachments: Professional Services Agreement Budget Amendment Amount $139,530 Total: $139,530 E 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: 1. 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 9 0 review all 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 671100 ($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. 3 0 0 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.T 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 4 0 0 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 all 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. A 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. Ceditates 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 pen-nit. 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. C-1 F 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. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 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. 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 10. 0 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. 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: Prope Casualty. 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. L•'� • • 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 work. 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. Contractor's 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 18. 11-1 20. 21 22. 23. 24. 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. 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. 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. 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. 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. 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. 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. CONTROLLING LAW AND VENUE The laws of the State of California shall govem 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: oan� C ��--- Fa✓ Robin Clauson City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Don Webb Mayor for the City of Newport Beach MFR INVESTMENT GROUP, INC., DBA FRONT PORCH CREATIONS: M 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 FbunOIrrihstallation; - $19:750.00 fountain as per PIanS '„ \ .Custom Round fotinkain wltti,Gopper SpigZlts tTrnning into large shells roaks:in base In ton 'of electnc'Gmer 1 '. Emiectrical Work r - $1,200:00 -8;. _ -- 1�lstallahon;of Electn$al Sysigln fort�tigat('on lighting' r .. del Founta>n \ 9 Z Pelts to sumo it nr5 Libranans_B�natt ( (Plant aptl Pbts t Dnp ling,vrigapon iti5talled lh Pots ' ' • , T 1 / • \ S 1 ,I 'i'.' � -R f F. � t ,9 F -, 7L ��' S ' ' \ k \ � .,.r � ` , `f , , ' � , j r 10.', Setlbh /redtiG6hc' to Path's; $18;600.00 .. , ! f i psTrcol9r0d cbnrrete 1 t. }. �� 5g�l�dcks , c ` , � .ahaShbJI�PI��dincotYrxb� , hil Y�a1h Fat1} _ _F ,✓ t � ' ' �b � r .. x- t i I ench 11 , Stnallet X14 �a�50 00 .r atid�'able -SIddk GQI'[�tN, tlbn ` Odked S�tpne If�9i ,' 1 l fiaF ;l s3dh�Ve`f }Alas or, ffibreeS ' 12 Sea l{oc(i Radi0tln 1 t'u°hf 4 i s ` --y' : A �� i . ' Lustoin8�lildRatll'�brtgySuti'� ` , 3 c r t :< , 33411t of e.01 docks : r � � T3 Wrought:lrtSn) $mge nd Exit Gat : t 1' $3,150 ffb J. Metahzed';Wtoughtiryln to MatGhVl3astmcJ.1ran Trellis:'* i r^ - .One VVay.C3,ate to have �mergerYl;y A,1aGrr1? _, . _ ,, � 14 MospioWork $25650:00. . 16 MosbrcSea Grea[ilre� ," r i' Ctdstom [ �st�ned hand �GPIt x��.sguares '.. "' / l•' , It ocean Themeq NYOSaic Rmg arelund 1'rge`Readlhg Pod '- wtclth', 15. Fuiture:, $18,900,00 ` -¢ foot Y�IdTeak BeriEh ior'Libianan Y l7lnbrellaS; nt Fahnc'. . ;Yel(owiNeat6er'Resls J �. i ..j 'r 5. Low YOltage ightffig6 ti1(e`u6e best`industry prac6ce`in.mateti�l and installation In ou'r low, volts ell btm We aftan the,fizturea wares aod'transfornierslor a''one.yaarperiod . 9 g ". r ty Light bulbs carry a,ane yo4twarranty. '. Sincerely. ,:. !c rant Porch Crestiorrs ' J -I t � r J / l ( i \ I, t. T} / r r 1 - ! v Y Exhibit B CITY OF NEWPORT BEACH �'T�I1k � � • LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, has awarded to MFR Investment Group Inc., dba Front Porch Creations, hereinafter designated as the "Principal," a contract for the design and installation of the Children's Discovery Garden at the Newport Beach Central Library, located at 1000 Avocado Avenue in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the fumishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Dollars ($ 1 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 attomey's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Califomia. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 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 3247 et seq. of the Civil Code of the State of Califomia. 15 0 0 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) Authorized Signature/Title Name of Surety Address of Surety Telephone Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 16 Ci�F�r of Newport Beach !BUDGET AMENDMENT 2006 -07 EFFECT ON BUDGETARY FUND BALANCE: X 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: This budget amendment is requested to provide for the following: Beach Library for creation and maint ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account 4091 5892 D(PENDITUREAPPROPRIATIONS (3603) and Sun and Sea Description Description Friends of the Library Signed: Signed: ; igned: Financial Approval: Administrative Services Director Approval: City NO. BA- 0713A -009 AMOUNT: $139,530.00 P XIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance Debit Credit $139,530.00 Library. $139,530.00 Date to City Council Approval: City Clerk Date Description Division Number 7011 Facilities Account Number C4091936 Sun & Sea Garden - Central Library Division Number Account Number Division Number Account Number Division Number Accour 1.... Number Division Number Account Number Signed: Signed: ; igned: Financial Approval: Administrative Services Director Approval: City NO. BA- 0713A -009 AMOUNT: $139,530.00 P XIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance Debit Credit $139,530.00 Library. $139,530.00 Date to City Council Approval: City Clerk Date