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