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HomeMy WebLinkAbout12 - Back Bay Science Center Teaching LabCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 November 25, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Managers Office Dave Kiff, Assistant City Manager 949 -644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: BACK BAY SCIENCE CENTER — APPROPRIATIONS FOR TEACHING LAB AND ADMINISTRATIVE WING RECOMMENDATION: 1. Approve a budget amendment appropriating from the unappropriated General Fund balance. $35,000 to Account No. 7457- CO310600 to cover the City s share to replace the vinyl flooring in the Back Bay Science Center Water Quality Lab. 2. Approve a budget amendment recognizing contributions in the amount of $50,000 from California Coastal Conservancy, $25,000 from Newport Bay Naturalists and :Friends and $25,000 from Pacific Life and appropriating $100;000 to Account No. 7457- C10020019 for the Back Bay Science Center Teaching Lab tenant improvements. 3. Approve a budget amendment recognizing contributions in the amount of $147,956 from California Department of Fish and Game and appropriating $147,956 to Account No. 7457- C1002020 for the Back Bay Science Center Administrative Wing tenant improvements. DISCUSSION: The Back Bay Science Center is a multi- agency facility consisting of three buildings totaling approximately 12,000 s.f. and is located on Shellmaker Island in the State of California's Upper Newport Bay Ecological Reserve. Under a Cooperative Agreement including the City of Newport Beach (City), the California Department of Fish and Game (CDF &G), the County of Orange Health Care Agency (OCHCA), and the University of California at Irvine. (UCI), the City assumed a lead role in managing the design and construction contracts for initial development of the facility. Back Bay Science Center was substantially completed in September 2007. Presently, several initiatives are underway to complete the center, including removal of temporary modular units and final grading and paving along the northerly edge of the site. Additionally, the City has agreed to oversee and manage work relating to interior improvements for the Teaching Lab and Administrative Wing, that is Tenant Improvements (TI) and Furniture Fixtures and Equipment (FF &E). Back Bay Science Center — Appropriations for Teaching Lab and Administrative. Wing. November 25, 2008. Page: 2 Remaining Property Improvements For the past several years, modular units were leased by the City and used by the County of Orange as a Temporary Water Quality Lab at Shellmaker Island. In October 2008, County staff moved into its new offices at Back Bay Science Center. The leased modular units were removed from the site earlier this month. A small portion of the grading and paving along the northerly edge of the site was deferred until the occupants of the modular units could be moved into the new buildings.. The remaining ,grading, paving and landscaping work has started and will Be completed by the end of the year under informal contract procedures using funds carried forward from the original construction project. One holdover problem from the construction was the special flooring purchased and installed for the County of Orange's Water Quality Lab. This flooring is called "Medintech" sheet flooring, meant for hospitals, clinics, and labs, and made by Armstrong Flooring. The City, as project manager, had the flooring installed. Long after installation, as the County was preparing to move into the Lab wing, the County buffed the flooring to a bright shine. The shine showed that the adhesive base of the flooring made small but visible ridges in the flooring, which the County deemed unacceptable. Because time had lapsed between the buffing and the installation, and because the flooring installation company had warned the City and the County that there was a possibility that moisture in the' floor's foundation; could cause this problem, the installer was not responsible for the problem. To remedy the issue without a lawsuit, the City and County staffs agreed to re -do the flooring by removing it, installing, a new and' proper moisture barrier, and reinstalling new Medintech product again. To further assist, the installer donated his time, Armstrong gave the new material at cost, and the resulting price was $70,000, The City's share is $35,000. This cost was not budgeted and now needs to be appropriated. Staff recommends using General Fund monies for this purpose as reflected in the attached budget amendment. Back Bay Science Center — Appropriations for Teaching. Lab and.AdministraUve Wing November 25, 2008 Page: 3 Teaching Lab Improvements.— Phase The State Coastal Conservancy (SCC) provided $400,000 toward the construction of the Teaching Lab Wing at the Back Bay Science Center. In mid - 2008, the SCC amended its grant agreement to provide an additional $50,000 to be used for tenant improvements for the teaching lab. Donations of $25,000 each were extended by the Newport Bay Naturalists and Friends and Pacific Life for the same purpose. Initial tenant improvements include fabrication and installation of casework and wet tables, plumbing, and purchase of audio - visual equipment. The contributions noted above need to be recognized and appropriations of the same need to be made: Expenditure of these funds should be accounted for separately from the original construction project. Teaching Lab's Wet Tables Teaching Lab Improvements - Phase 11 On March 25, 2008, the City Council adopted Resolution 2008 -19 authorizing the City Manager to accept, invest and expend funds in accordance with the City's investment policy for donations from various sources (private individuals, corporations, non- profits and state agencies) to assist in funding interior improvements and furnishings and equipment for the Teaching Lab. It is estimated that about $530,000 is needed to complete the recommended tenant improvements and to furnish and equip the facility. No appropriations are required at this time, however, accounting for the receipt and use of funds should be earmarked for the purpose of improving the Teaching Lab. Administrative Wing Improvements_ On May 13, 2008, the City Council adopted Resolution 2008 -35 authorizing the City Manager to accept funds from the California Department of Fish and Game (DFG) to complete tenant improvements and to furnish and equip the administrative wing of the Back Bay Science Center and to purchase tables and chairs for the Teaching Lab of the Back Bay Science Center. Attached is a copy of the funding agreement with DFG Back Bay Science Center — Appropriations for Teaching Lab and Administrative Wing November 25, 2008 Page: 4 which calls for the construction of five office spaces, installation of a wall divider to create a conference room and the purchase of a conference table and chairs for the Administration Building; and the purchase of tables and chairs for the Teaching Lab. The agreement further stipulates that the City shall use existing contracts to the extent feasible including retaining a project manager to oversee and manage the work to be performed. The City will retain Gail P. Pickart, P.E. and Ron Yeo, FAIA Architect to provide project management and design services respectively for the work required by DFG. Mr. Pickart and Mr.'Yeo provided similar services for the construction of the Back Bay Science Center and are very familiar with the project site and its partners. Work on the administrative wing is expected to begin by the end of the year and should be completed by mid 2009. Environmental Review A Mitigated Negative Declaration was prepared and processed to assess the environmental impact associated with constructing the Back Bay Science Center. Identified mitigation measures have been included in the project design and construction. The California Department of Fish and Game was the lead agency for the environmental review and the documentation was completed in September 2003. Funding Availability Upon approval of the budget amendments, sufficient funds will be available in the following account(s) for each respective project: Account Description Back.Bay Science Center BBSC Teaching Lab BBSC Administrative Wing Pre ared by: ut- , rC1�el J mie ollard Fin ce and Administrative Manager Account Number Amount 7457- CO310600 $35,000 7457- C1002019 $100,000 7457- C1002020 $147,956 Submitted by: (,1 D&6 Kiff Assistant City Manager Attachments: Agreement P0750025 between the City and the Department of Fish and Game Budget Amendments STATE OF CALIFORNIA AGREEMENT NUMBER STANDARD AGREEMENT P0750D25 STD. 213 (Rev 66163) REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME DEPARTMENT OF FISH AND GAME CONTRACTOR'S NAME CITY OF NEWPORT BEACH 2. The term of this Upon Approval through December 31, 2009 Agreement is: 3. The.maximum amount $ 147,956.00 of this Agreement is: One hundred forty seven thousand nine hundred fifty-six dollars and no cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement, Exhibit A— Scope of Work 2 Pages Exhibit B — Budget Detail and Payment Provisions 3 Pages 'Exhibit C — General Terms and Conditions GTC 307 Exhibit D — DFG Additional Provisions 5 Pages Items shown with an Asterisk ( *) are hereby incorporated by reference and made part of this Agreement as if attached hereto. These documents can be viewed at www.ols.dgS.ca.gov /standard +lanquage IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc) CITY OF NEWPORT BEACH BY (AUt or' od Signature) Id DATE SIGNED (D of (ype) 5 pp� P INTED NAME AND TITLIf OF PERSON SIGNING Homer Bludau, City Manager ADDRESS 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 STATE OF CALIFORNIA AGENCY NAME DEPARTMENT OF FISH AND GAME BY (Aulhorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Cynde Jones, Assistant Deputy Director, Administration F] Exempt per. ADDRESS 1416 91h Street, 12TH Floor Sacramento, CA 95814 EXHIBIT A — SCOPE OF WORK City of Newport Beach (DFG EXA 08/07) Agreement No. P0750025 Page 1 of 2 1, The Contractor agrees to provide, to the Department of Fish and Game (DFG), construction, purchasing and installation services as described herein: The Contractor is responsible for interior improvements within the existing Administration Wing and Teaching Lab of the Back Bay Science Center (BBSC) to support environmental conservation and education, and to provide the facilities necessary to conduct management, maintenance and educational outreach at the Upper Newport Bay Ecological Reserve. 2. These services shall be performed at Shellmaker Island, Upper Newport Bay Ecological Reserve, in Orange County, California. 3. The services shall be provided on an "as- needed" basis as determined by the Contract Manager to conform to the intent of the pre- approved design (Phase 1) for the interior improvements. 4. The Project Officials during the term of this Agreement will be: DFG Contract Manager Name: Karen L. Miner Phone: (858) 627 73939 Fax: (858) 467 -4299 Email: klminer @dfg.ca.gov Direct all inquiries to: Department of Fish and Game Section /Unit: South Coast Region Attention: Karen L. Miner Address: 4949 Viewridge Ave. San Diego CA 92123 Phone: (858) 627-3939 Fax: (858) 467 -4299 Email: klminer @dfg.ca.gov 5. SCOPE OF WORK A. Background and Obiectives Contractor Project Director Name: Mr. Lloyd Dalton Phone: (949) 644 -3328 Fax:(949)644 -3308 Email: Idalton c)city.newport- beach.ca.us Contractor: City of Newport Beach Section /Unit: .Attention: David Kiff Address: 3300 Newport Blvd, P.O. Box 1768 Newport Beach, CA 92658 -8915 Phone: (949) 644 -3002 Fax: Email: dkiff @city.newport- beach.ca.us The Back Bay Science Center (BBSC) is a cooperative project undertaken by DFG, the City and the County of Orange (each a party and together, the Parties). The Parties entered into a Memorandum of Understanding in August, 2002, and then again a Cooperative Agreement in August 2004, defining the project and formalizing the commitment to fund and establish the BBSC. The-City, under Contract #P0180115, under Contract #P0380039, and #P0650019 with DFG and with contributions of City and County funds, has prepared plans and specifications for and completed construction of the BBSC buildings. The construction trades are currently on -site and completing interiors of the separate buildings of the BBSC. DFG contributions of funding for the Phase 1 of the Project included Wildlife Conservation and Restoration Grant Program (WCRP) administered by the U.S. Fish and Wildlife Service and for an associated wetlands restoration component, the Wildlife Conservation Board. DFG contributions of funding for the Phase 2 of the Project include funds from the Department's budget from the 2006 Non- EXHIBIT A — SCOPE OF WORK (DFG EXA 08(07) City of Newport Beach Agreement No. P0750025 Page 2 of 2 Game account and from the 2006 Upper Newport Bay account. Funds for interior improvements and furnishing to the Administration Wing and Teaching Lab (this contract) are from the 2007 Upper Newport Bay account. B. WORK TO BE PERFORMED All construction and interior improvements, and actions needed to undertake them, are subject to the approval of DFG. The interior tenant improvements and furnishings to the BBSC Administration Wing and Teaching Lab shall be constructed in accordance with final plans and specifications approved by DFG, and the Cooperative Agreement between the Parties. The construction includes completion of the interior "tenant improvements" (TI) such as office walls, doors and conference room partition, and any needed infrastructure modifications to accommodate the interior improvements within the building. The City shall utilize existing contracts to the extent feasible including retaining the project manager to oversee and manage the construction on Shellmaker Island at Upper Newport Bay Ecological Reserve. The City shall perform the work necessary to conduct surveys, change orders, requests for information, inspections, permitting, and preparation of as -built plans and to obtain approvals of plans, specifications and drawings. The City shall obtain written or signed approvals from DFG South Coast Region staff on design or construction.amendments which alter the function of any aspect of the BBSC Administration Wing and Teaching Lab as defined in the final approved plans and specifications of the BBSC. DFG staff authorized to approve such amendments are Ms. Karen L. Miner and Ms. Robin Madrid. In the event Ms Miner or Ms. Madrid are unavailable, Ms. Theresa Stewart of DFG South Coast Region is also authorized to approve such amendments. The City shall meet with DFG Contract Manager upon execution of this contract and as necessary throughout the term of the contract. C. SCHEDULE OF COMPLETION DATES Activi Date Conduct Planning Coordination Meeting May 2008 Prepare Contract or Contract Amendments for Trades June 2008 Prepare Furnishing Specifications June 2008 Award Construction Contracts or Amendments September 2008 Begin Construction November 2008 Purchase Furnishings February 2009 Complete Construction June 2009 Project Close Out December 2009 D. REPORTS The City shall submit monthly progress reports at regularly scheduled Facility Meetings to DFG Contract Manager outlining the activities performed under this contract and raising any issues needing resolution. EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS (DFG EXB.08107) 1. INVOICING AND PAYMENT City of Newport Beach Agreement No.: P0750025 Page 1 of 3 A. For services rendered in accordance with the Scope of Work, and upon receipt of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement. B. The Contractor shall be paid progress payment in arrears, upon submission of an original and two copies of the invoice, which properly details all charges, expenses, direct and indirect costs. Invoices shall be submitted to: Contract Manager: Karen L. Miner Region I Division: South Coast Re ion Address: 4949 Viewrid a Avenue, San Diego, CA 92123 C. The original and one (1) approved copy of the invoice will be forwarded to the Department of Fish and Game's Accounting Claims Section by the Contract Manager. Payment of any invoice will be made only after receipt of a complete, supported, documented and accurately addressed invoice. Failure to use the address exactly as provided above may result in the return of the invoice to the Contractor. All invoices must be approved by the Contract Manager. D. Payments made prior to satisfactory completion of all work required by the Agreement shall not exceed, in the aggregate, ninety percent (90 %) of the total earned with the balance to be paid upon satisfactory completion of the task or Agreement, and provided further, that the Department of Fish and Game shall retain from the Contractor's earnings for each period for which payment is made, an amount equal to ten percent (10 %) of such earnings, pending satisfactory completion of the task or Agreement. E. The invoice shall contain the following information: 1. The word "Invoice" should appear in a prominent location at the top of the page(s); 2. Printed name of the Contractor; 3. Business address of the Contractor including P.O. Box, City, State, and Zip Code; 4. Name of the Region/Division of the Department of Fish and Game being billed; 5. The date of the invoice and the time period covered, 6. The number of the agreement upon which the claim is based, and; 7. An itemized account of the services for which the Department of Fish and Game is being billed. Include all of the following: a. The time period covered by the invoice, i.e., the term "from" and "to "; EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS City of Newport Beach (DFG EXB 08/07) Agreement No.: P0750025 Page 2 of 3 b. A description of the services performed; c. The method of computing the amount due based on a line item budget/cost reimbursement method. Payments will be made by the State to the Contractor, in arrears, upon receipt of an itemized invoice showing the time period covered and the work items accomplished. The invoice must be itemized using the categories and following the format of the attached budget. d. The total amount due. This should be in a prominent location in the lower right -hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Contractor under the terms of this agreement; and e. The original signature of the Contractor (not required of established firms or entities using preprinted letterhead invoices 2. CONTRACT WRITTEN PRIOR TO APPROVAL OF THE BUDGET ACT A. It is mutually understood between the parties that this Agreement may have been written prior to approval of the Budget Act for the mutual benefit of both parties in order to avoid program and fiscal delays. B. This Agreement is valid and enforceable only if sufficient funds are made available by the Budget Act for the Fiscal Year(s) involved for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature and contained in the Budget Bill or any statute enacted by the Legislature which may affect the provisions, terms, or funding of this Agreement in any manner. C. It is mutually agreed that if the Budget Act of the current year and /or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any additional provisions of this Agreement. D. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to the Contractor to reflect the reduced amount. 3. PROMPT PAYMENT CLAUSE Payment will be made in accordance with, and within the time specified in Government Code Chapter 4.5, commencing with Section 927. EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS (DFG EXB 08/07) LINE ITEM BUDGET ITEM 1. Contract for Construction of Five Office Spaces inside the Back Bay Science Center Administration Building - Construct 5 office spaces which includes: framing, insulation, power /communications, drywall, painting, doors, finish hardware & windows. Each office is 10'x12' in dimension. The total construction area is 12'x51' = 612 sq. ft. (Cost estimated at $120 /sq. ft. x 612 sq. ft. _ $73,440) - Contingency (15 %) - Project Management Fees City of Newport Beach Agreement No.: P0750025 Page 3 of 3 AMOUNT $73,440 $11,016 $7,500 Sub -total Item 1 $91,956 2. Purchase furnishings for Admin. Building (Conference Table & Chairs) $20,000 3. Purchase & Installation of Pre - fabricated Interior Dividing Wall for $11,000 Conference Room 4. Purchase Teaching Lab (Tables & Chairs) $25,000 TOTAL $147,956 * Note: Contractor (City) is waiving overhead DEPARTMENT OF FISH AND GAME ADDITIONAL PROVISIONS EXHIBIT D 1. LICENSES AND PERMITS (If Applicable) — The Contractor shall be an individual or firm licensed to do business in California and shall obtain, at his/her expense, all licenses and permits required by law for accomplishing any work required in connection with this Agreement. If you are a Contractor located within the State of California, a business license from the City /County in which you are headquartered is necessary; however, if you are a corporation, a copy of your incorporation documentstletters from the Secretary of State's Office can be submitted. If you are a Contractor outside the State of California, you will need to submit to the DFG, a copy of your business license or incorporation papers for your respective State showing that your company is in good standing in that State. In the event any licenses and /or permits expire at any time during the term of this Agreement, Contractor agrees to provide the DFG a copy of the renewed licenses and /or permits within thirty (30) days following the expiration date. In the event the Contractor fails to keep in effect, at all times, all required licenses and permits, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event. 2. RIGHTS IN DATA ^ The Contractor agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Agreement, are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the State reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so. 1 SETTLEMENT OF DISPUTES — Unless otherwise provided in this Agreement, any dispute concerning a question of fact.aris(ng under.this Agreement which cannot be resolved informally, shall be decided by the following two (2) step procedure: a. The Contractor must provide written notice of the particulars of such disputes to the DFG Contract Manager or appointed representative. The DFG Contract Manager must respond, in writing, within ten (10) working days of receipt of the written notice of dispute. Should the Contractor disagree with the DFG Contract Manager's decision, the Contractor may appeal to the second level. Pending the decision on appeal the Contractor shall proceed diligently with the performance of this Agreement in accordance with the DFG Contract Manager's decision. b. The second level appeal must indicate why the DFG Contract Manager's decision is unacceptable, attaching it to the Contractor's original statement of the dispute with supporting documents, and a copy of the DFG Contract Manager's response, This letter of appeal shall be sent to the Department of Fish and Game, Deputy Director, or duly appointed representative. The second level appeal must be flied within fifteen (15) working days upon receipt of the DFG Contract Manager's decision. Failure to submit an appeal within the period specified shall constitute a waiver of all such rights to an adjustment of this Agreement. The Deputy Director, or designee, shall meet with the Contractor to review the issues raised. A written decision signed by the Deputy Director or designee, shall be returned to the Contractor within fifteen (15) working days of the receipt of the appeal. The decision of the Deputy Director, or designee, will be final. 4. PROPERTY ACQUISITIONS — Property, as used in this section shall include: a. Equipment - Tangible property (including furniture) with a unit cost of $5,000.00 or more, and a useful life of four (4) years or more. Actual costs include the purchase price plus all costs to acquire, install and prepare the equipment for its intended use. b. Furniture —Standard office furnishings including desks, chairs, bookcases, credenzas, tables, etc. Revised 04/21/08 Page 1 of 5 c. Portable Assets — Items considered 'highly desirable' because of their portability and value, e.g., calculators, typewriters, Dictaphones, cameras and microscopes, etc. d. Electronic Data Processing (EDP) Equipment — All computerized and auxiliary automated information handling including system design and analysis, conversion of data, computer programming, information storage and retrieval, voice, video, and data communications, requisite system controls, simulation and all related interactions between people and machines. The Contractor may purchase property under this Agreement only if specified in Exhibit B titled 'Budget Detail and Payment Provisions'. Any property purchased by the Contractor, with funds provided under this Agreement, shall be the property of the State during the customary depreciable life thereof. The Contractor shall promptly report any such purchase to the DFG Contract Manager and to the State's Property Officer. Should this Agreement be terminated for any reason, or upon expiration and failure to negotiate hereof, all such property shall be returned to the State within the timeframe negotiated between the Contractor and the State. Prior written authorization by the DFG Contract Manager shall be required before the Contractor will be reimbursed for any property purchases not specified in the Budget. The Contractor shall provide to the DFG Contract Manager, all particulars regarding the necessity for such property and the reasonableness of the cost. Before property purchases made by the Contractor are reimbursed by the State, the Contractor shall submit paid vendor receipts identifying the Agreement number, purchase price, description of the item, serial number, model number, and location, including street address where property will be used during the term of this Agreement. Said paid receipts shall be attached to Contractors' invoices. The Contractor shall keep adequate and appropriate records of all property purchased with Agreement funds and at the time of purchase, prepare a Property Purchased with State Funds report and submit one (1) copy to the DFG Contract Manager, and one (1) copy to the Property Officer; one (1) copy must be retained by the Contractor. The State reserves the right, at any time, to evaluate the cost of property and reimburse at an amount equal to costs reflected in but not limited to Agreements the State Department of General Services, Procurement Division has negotiated with vendors who supply the same type of property. The Contractor shall tag all acquisitions. The purpose of tagging assets is to designate the assets as belonging to the State. Lost, Stolen or Destroyed Property - the Contractor shall immediately report the loss, theft or destruction to the local law enforcementagency (or the California Highway Patrol (CHP) if the crime occurs on either state -owned or state leased property) and to the DFG Contract Manager and prepare a Property Survey Report. In the case of stolen property, the Contractor shall also complete a CHP Report of Crime on State Property (STD 99) form, and obtain a copy of the law enforcement agency's.report to submit to the DFG Contract Manager. The Contractor shall adjust their property records and retain a copy of the Property Survey Report as documentation. Losses of State property due to fraud or embezzlement shall be reported in the same manner as described above. The Contractor shall be charged with any loss and damages to State property due to the Contractor's negligence. The Contractor shall, at the request of the State, submit an inventory of property furnished or purchased under the terms of this Agreement. Such inventory will be required not more frequently than annually. Upon termination, expiration or failure to negotiate renewal of this Agreement, all property purchased with Agreement funds shall promptly be returned to the State. The Contractor shall prepare an inventory of State Furnished Property report and submit to the State and shall at that time query the DFG Contract Manager as to the State's requirements, including the manner and method, in returning said property to the State. Final disposition of such property shall be at State expense in accordance with instructions from the DFG Contract Manager to be issued immediately after receipt of the final inventory. State policies and procedures applicable to procurement with nonfederal funds shall apply to procurement by the Contractor under this Agreement provided that procurements conform to applicable State law and the standards identified in this section. These include, but are not limited to: statutes applicable to State agencies; statues applicable to State college and university public works projects; the California Constitution governing University of California contracting; the State Administrative Manual (S.A.M.); statutes applicable to specific local agencies; and applicable City and County charters and implementing ordinances including policies and procedures incorporated in local government manuals or operating memoranda. Revised 04/21/08 Page 2 of 5 5. INCOME RESTRICTIONS — The Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Contractor under this Agreement shall be paid by the Contractor to the State, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by the State under this Agreement. 6. CONFIDENTIALITY OF DATA — All financial, personal, technical, and other data and information relating to the California State Department of Fish and Game operations which are designated confidential by the California State Department of Fish and Game, and made available to the Contractor in order to carry out this Agreement, or which becomes available to the Contractor in carrying out this Agreement shall be protected by the Contractor for the protection of the Contractor's data and information are deemed by the California State Department of Fish and Game's confidential information, such methods and procedures may be used, with written consent of the California State Department of Fish and Game, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of this paragraph, to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this Agreement or is rightfully obtained from third parties. 7. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENTS — The Contractor agrees to use DVBE subcontractors or suppliers originally identified by the Contractor, unless the Contractor requests substitution, in writing beforehand to the DFG Contract Manager and the DFG Contract Manager has approved such substitution. At a minimum, the request must include: a. A written explanation of the reason for the substitution; and b. The identity of the person or firm substituted. The request and the DFG Contract Manager's approval is not to be construed as an excuse for noncompliance with any other provision of law, including but not limited to the subletting and subcontracting Fair Practices Act or any other Agreement requirements relating to the substitution of subcontractors. Failure to adhere to at least the level of participation for DVBE proposed by the Contractor may be cause for Agreement termination and recovery of damages under the rights and remedies due the State. 8. DISCLOSURE REQUIREMENTS — Any document or written report prepared in whole or in part pursuant to this Agreement shall contain a disclosure statement indicating that the document or written report was prepared through an Agreement with the State. The disclosure statement shall include the Agreement number and dollar amount of all Agreements and subcontracts relating to the preparation of such documents or written reports. The disclosure statement shall be contained in a separate section of the document or written report. If the Contractor or subcontractor(s) are required to prepare multiple documents or written reports, the disclosure statement may also contain a statement indicating that the total Agreement amount represents compensation for multiple documents or written reports. The Contractor shall include in each of its subcontracts for work under this Agreement, a provision which incorporates the requirements stated within this section. 9. USE OF SUBCONTRACTOR(S) — If the Contractor desires to accomplish part of the services through the use of one (1) or more subcontractors, the following conditions must be met: a. The Contractor shall submit any subcontracts to the State for approval prior to starting any of the work; b. The Agreement between the primary Contractor and the subcontractor must be in writing; c. The subcontract must include specific language which establishes the rights of the auditors of the State to examine the records of the subcontractor relative to the services and materials provided under the Agreement; and d. Upon termination of any subcontract, the State shall be notified immediately, in writing. Further, any subcontract in excess of $100,000 entered into as a result of this Agreement shall contain all applicable provisions stipulated in this Agreement. Revised 04/21/08 Page 3 of 5 10. POTENTIAL SUBCONTRACTOR(S) — Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any subcontractor(s) and no subcontract shall relieve the primary Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractor(s) and of persons directly employed or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractor(s) is an independent obligation from the State's obligation to make payments to the primary Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any subcontractor. 11. TRAVEL AND PER DIEM — The Contractor agrees that all travel and per diem paid its employees under this Agreement shall be at rates not to exceed those amounts paid to the State's represented employees under collective bargaining agreements currently in effect. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. 12. NOVATION — If the Contractor proposes any Novation Agreement, the State shall act upon the proposal within sixty (60) days after receipt of the written proposal. The State may review and consider the proposal, consult and negotiate with the Contractor, and accept or reject all or part of the proposal. Acceptance or rejection may be made orally within the sixty (60) day period, and confirm in writing within five (5) days. No Novation Agreement shall become operative or otherwise binding on the State pursuant to this paragraph in the absence of a formal Novation Agreement amendment which has been approved in accordance with all applicable State policy, laws and procedures. 13. LIABILITY INSURANCE (JANITORIAL, PORTABLE TOILET RENTAL, ETC.) — When the Contractor submits a signed Agreement to the State, the Contractor shall furnish to the State, a certificate of insurance stating that there is liability insurance presently in effect for the Contractor of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined. The certificate of insurance will include provisions a, b, and c, in their entirety: a. The insurer will not cancel the insured's coverage without thirty (30) days prior written notice to the State; b. The State of California, its officers, agents, employees, and servants are included as additional insured, by insofar as the operations under this Agreement are concerned; and c. The State will not be responsible for any premiums or assessments on the policy. The Contractor agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time or times during the term of this Agreement, Contractor agrees to provide, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the Agreement, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of the Department of General Services, and the Contractor agrees that no work or services shall be performed prior to giving of such approval. In the event the Contractor fails to keep in effect, at all times, insurance coverage as herein provided, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event. The Department of Fish and Game will not provide for, nor compensate the Contractor for any insurance premiums or costs for any type or amount of insurance. The insurance required above, shall cover all Contractor supplied personnel and equipment used in the performance of this Agreement. If subcontractors performing work.under this Agreement do not have insurance equivalent to the above, the Contractor's liability shall provide such coverage for the subcontractor, except for coverage for error, mistake, omissions, or malpractice, which shall be provided by the subcontractor if such insurance is required by the State. 14. COMPUTER SOFTWARE (IT SERVICES) — The Contractor certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. .Revised 04/21108 Page 4 of 5 15. INSPECTION ^ The State, through any authorized representatives, has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder including subcontract supported activities and the premises in which it is being performed. If any inspection or evaluation is made by the State of the premises of the Contractor or a subcontractor, the Contractor shall provide and shall require their subcontractor(s) to provide all reasonable facilities and assistance for the safety and convenience of the State representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. 16. FORCE MAJEURE — Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in orfailure of performance constitute default, if such delay or failure is caused by 'Force Majeure'. As used in this section, 'Force Majeure' is defined as follows: Acts of war, acts of God such as earthquakes, floods, and other natural disasters such that performance is Impossible. 17. FORCED, CONVICT AND INDENTURED LABOR ^ No foreign -made equipment, materials, or supplies furnished to the State pursuant to this Agreement may be produced in whole or in part by forced labor, convict labor, or indentured labor. By submitting a bid to the State or accepting a purchase order, the Contractor agrees to comply with this provision of the Agreement. This requirement does not apply to public works (construction) Agreements. 18. CONTRACT STAFF REQUIREMENTS — The Contractor represents that it has or shall secure at its own expense, all staff required to perform the services described in this Agreement. Such personnel shall not be employees of or have any contractual relationship with the California State Department of Fish and Game or any other governmental entity. 19. EVALUATION OF CONTRACTOR (CONSULTANT AGREEMENTS ONLY) — Performance of the Contractor, under this Agreement, will be evaluated. The evaluation shall be prepared on a Contract/Contractor Evaluation Sheet (STD 4); and maintained in the Agreement file. If the Contractor did not satisfactorily perform the work or service, a copy of the negative evaluation form will be submitted tathe Contractor and the Department of General Services, Legal Division, within fifteen (15) days of the completion of the evaluation. The Contractor will have thirty (30) days to prepare and send statements defending its performance under the Agreement. The evaluation of the Contractor shall not be a public record. 20. REQUIREMENTS FOR LEGAL AGREEMENTS ONLY— In accordance with Public Contract Code § 10353.5, the Contractor shalt: Agree to adhere to legal costs and billing guidelines designated by the State; Adhere to litigation plans designated by the State; Adhere to case phasing of activities designated by the State; Submit and adhere to legal budgets as designated by the State; Maintain legal malpractice insurance in an amount not less than the amount designated by the State; Submit to legal bills legal bill audits and law firm audits if requested by the State or by any legal cost control providers retained by the State for this purpose; and Submit to a legal cost and utilization review, as determined by the State. Revised 04/21/08 Page 5 of 5 City of Newport Beach BUDGET AMENDMENT 2008 -09 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations PX SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 09BA -026 AMOUNT: $z6z,95s.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations to cover the City's share to replace the vinyl flooring in the Back Bay Science Center Water Quality Lab. To increase revenue estimates and expenditure appropriations to recognize contributions from California Coastal Conservancy Newport Bay Naturalists and Friends and Pacific Life for the Back Bay Science Center Teaching Lab tenant improvements. To increase revenue estimates and expenditure appropriations to recognize contributions from the California Department of Fish.and Game for the Back Bay Science Center Administrative Wing. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund/Division Account 9457 6000 457 4940 457 5901 457 5901 457 4879 EXPENDITURE APPROPRIATIONS (3603) Description Back Bay Science Cntr - Transfers In Back Bay Science Cntr - CA Coastal Consery Back Bay Science Cntr - Private Contributions Back Bay Science Cntr - Private Contributions Back Bay Science Cntr - CA Dept of Fish /Game Signed: Signed: Signed: Financial Approval: City Council Approval: City Clerk Amount Debit Credit $35,000.00 $35,000.00 $50,000.00 $25,000.00 $25,000.00 $147,956.00 ' Automatic $35,000.00 $35,000.00 $100,000.00 $147,956.00 Date Date/ Date Description Division Number 9010 ND General Fund Account Number 9900 Transfers Out Division Number 7457 Back Bay Science Center Account Number C0310600 Back Bay Science Center Division Number 7457 Back Bay Science Center Account Number C1002019 Back Bay Science Center - Teaching Lab Division Number 7457 Back Bay Science Center Account Number C1002020 Back Bay Science Center - Administrative Wing Signed: Signed: Signed: Financial Approval: City Council Approval: City Clerk Amount Debit Credit $35,000.00 $35,000.00 $50,000.00 $25,000.00 $25,000.00 $147,956.00 ' Automatic $35,000.00 $35,000.00 $100,000.00 $147,956.00 Date Date/ Date