HomeMy WebLinkAbout08 - Amendment for Contract Time ExtensionQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
January 27, 2026
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321,
tandefur@newportbeachca.gov
TITLE: Approval of Amendment No. Seven for Contract Time Extension
with Robert R. Coffee Architect and Associates
ABSTRACT:
On November 19, 2019, the City Council approved an agreement with Robert R. Coffee
Architects and Associates (RCA) for the design of Witte Hall, the new lecture hall currently
under construction next to the Central Library. The agreement is set to expire on March
31, 2026. Staff is seeking City Council approval to extend the term of the agreement for
an additional five months, to August 31, 2026.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Amendment No. Seven to the Professional Services Agreement with Robert
R. Coffee Architects and Associates for Library Lecture Hall Design and contract
administration services adding $92,440 to the not -to -exceed amount of $1,236,155-1
extending the contact expiration from March 31, 2026, to August 31, 2026; and
authorizing the Mayor and City Clerk to execute the agreement.
DISCUSSION:
On November 19, 2019, the City of Newport Beach entered into a professional services
agreement (PSA) with RCA for the design of Witte Hall. Several contract amendments
have since been approved to accommodate design changes.
The agreement is set to expire on March 31, 2026, and the most recent project schedule
shows that construction will be completed in May 2026. Staff would like to extend the
Approval of Amendment No. Seven for Contract Time Extension with Robert R. Coffee
Architect and Associates
January 27, 2026
Page 2
agreement an additional five months to cover the additional time needed by the architect to
provide project review.
Staff is seeking Council approval to extend the term to August 31, 2026 because the
City's purchasing policy requires City Council approval of any PSA that lasts more than
five years.
FISCAL IMPACT:
There is no fiscal impact related to this item since it only relates to Council approving the
contract time extension.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A —Amendment No. Seven with Robert R. Coffee Architects and Associates
ATTACHMENT A
AMENDMENT NO. SEVEN TO
PROFESSIONAL SERVICES AGREEMENT
WITH ROBERT R. COFFEE FOR
CENTRAL LIBRARY LECTURE HALL DESIGN
THIS AMENDMENT NO. SEVEN TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. 7") is made and entered into as of this 27th day of January, 2026
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and ROBERT R. COFFEE, a sole
proprietor doing business as ("DBA") Robert R. Coffee Architect + Associates
("Consultant'), whose address is 183 McKellar Road, Dripping Springs, TX 78620, and is
made with reference to the following:
RECITALS
A. On January 1, 2020, City and Consultant entered into a Professional Services
Agreement (Contract No. C-7444-2) ("Agreement') to provide design services for
the central library lecture hall design ("Project').
B. On December 1, 2021, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, and to increase the total compensation.
C. On June 17, 2022, City and Consultant entered into Amendment No. Two to reflect
additional Services not included in the Agreement, as amended, to extend the term
of the Agreement to January 31, 2024, and to increase the total compensation.
D. On February 16, 2024, City and Consultant entered into Amendment No. Three to
reflect additional Services not included in the Agreement, as amended, to extend
the term of the Agreement to March 31, 2026, to increase the total compensation,
and to update Section 26.3 of the Notices section of the Agreement.
E. On March 14, 2024, City and Consultant entered into Amendment No. Four to
increase the compensation for additional services that were added by Amendment
No. Three and to remove Exhibit A and B to Amendment Three in their entirety
and replace them with Exhibit A & B attached hereto.
F. On April 16, 2025, City and Consultant entered into Amendment No. Five to reflect
additional services not included in the Agreement, as amended, and to increase
the total compensation.
G. On June 23, 2025, City and Consultant entered into Amendment No. Six to update
the address and notices section of the Agreement.
H. The parties desire to enter into this Amendment No. Seven to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to August 31, 2026 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 31, 2026, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to
Amendment No. Two, Exhibit A to Amendment No. Three, Exhibit A to Amendment No.
Four, Exhibit A to Amendment No. Five, and Exhibit A to this Amendment No. Seven shall
collectively be known as "Exhibit A". The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit
B to the Agreement, Exhibit B to Amendment No. One, Exhibit B to Amendment No. Two,
Exhibit B to Amendment No. Three, Exhibit B to Amendment No. Four, Exhibit B to
Amendment No. Five and Exhibit B to this Amendment No. Seven shall collectively be
known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred
Thirty Six One Hundred Fifty Five Dollars and 00/100 ($1,236,155.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. 7,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Ninety Two Thousand Four Hundred Forty Dollars and 00/100 ($92,440.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Robert R. Coffee Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Seven to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
Aaro C. Harp ` �.ti� Lauren Kleiman
City Tj torney AF Mayor
ATTEST:
Date:
in
Lena Shumway
City Clerk
CONSULTANT: Robert R. Coffee, a sole
proprietor doing business as ("DBA")
Robert R. Coffee Architect and Associates
Date:
By:
Robert Coffee
Sole Proprietor
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Robert R. Coffee Page 3
EXHIBIT A
SCOPE OF SERVICES
Robert R. Coffee Page A-1
RCA +A
Amendment Number 7
Central Library Lecture Hall Design
Re: Newport Library Lecture Hall
Amendment 7- Add Service Request
1) Additional landscape and irrigation design to revise Bulletin 4 (new Bulletin 4.1) for the
improvements to the landscape and parking area on the east side of the library.
Landscape Architect:
(see attached hourly breakdown) $5,040.00
2) Assistance in selecting the colors to paint the existing library.
RCA+A:
Hourly/Not to exceed: $2,800.00
3) Extension of Construction Administration Services from January 1, 2026 through August
31, 2026.
RCA+A:
Principal: Hourly not to exceed $37,400.00 (220 hours)
Project Architect: Hourly not to Exceed $39,200.00 (280 hours)
Travel: $1,600.00 per trip = $8,000.00 (5 trips)
TOTAL ADD SERVICE:
$92,440.00
The hours shown are used to estimate a "Not to Exceed" fee amount for the services outlined.
OPEN AIR KANVAS
Landscape Architecture
Invoice# NBLLH-OAK-10: Billina Details
Task
Rate
Hours
Site visits and meetings: landscape and existing controller coordination and
Principal
$225
3.5 $
attendance of on -site meetings.
PM / Designer
$135
8.0 $
New Planting Design — West Side: Design and documentation for new tree
Principal
$225
0.5 $
plantings around the retention basin on the west side of the site.
PM / Designer
$135
1.0 $
New Planting Design — East Side: Design and documentation for new
Principal
$225
1.5 $
plantings on the east side of the site.
PM / Designer
$135
6.0 $
Irrigation Modifications — East Side: Updates to irrigation layout and notes for
Principal
$225
0.0 $
the east planting area, including recalculation of the water use worksheet
PM / Designer
$135
6.0 $
Irrigation Modifications — West Side: Updates th the irrigation plan to revise
Principal
$225
0.0 $
tree bubbler layouts for new plantings on the west side of the site.
PM / Designer
$135
1.0 $
Bulletin Submittal and Review Coordination: Preparation and submittal of
Principal
$225
1.0 $
bulletin documentation; coordination of responses to review comments.
PM / Designer
$135
4.5 $
Total Hours and Fee:
33.00 $
Total
787.50
1,080.00
112.50
135.00
337.50
810.00
810.00
135.00
225.00
607.50
5,040.00
EXHIBIT B
SCHEDULE OF BILLING RATES
Robert R. Coffee Page B-1
RCA +A
Amendment Number 7
Central Library Lecture Hall Design
Re: Newport Library Lecture Hall
Amendment 7- Add Service Request
1) Additional landscape and irrigation design to revise Bulletin 4 (new Bulletin 4.1) for the
improvements to the landscape and parking area on the east side of the library.
Landscape Architect:
(see attached hourly breakdown) $5,040.00
2) Assistance in selecting the colors to paint the existing library.
RCA+A:
Hourly/Not to exceed: $2,800.00
3) Extension of Construction Administration Services from January 1, 2026 through August
31, 2026.
RCA+A:
Principal: Hourly not to exceed $37,400.00 (220 hours)
Project Architect: Hourly not to Exceed $39,200.00 (280 hours)
Travel: $1,600.00 per trip = $8,000.00 (5 trips)
TOTAL ADD SERVICE:
$92,440.00
The hours shown are used to estimate a "Not to Exceed" fee amount for the services outlined.
OPEN AIR KANVAS
Landscape Architecture
Invoice# NBLLH-OAK-10: Billina Details
Task
Rate
Hours
Site visits and meetings: landscape and existing controller coordination and
Principal
$225
3.5 $
attendance of on -site meetings.
PM / Designer
$135
8.0 $
New Planting Design — West Side: Design and documentation for new tree
Principal
$225
0.5 $
plantings around the retention basin on the west side of the site.
PM / Designer
$135
1.0 $
New Planting Design — East Side: Design and documentation for new
Principal
$225
1.5 $
plantings on the east side of the site.
PM / Designer
$135
6.0 $
Irrigation Modifications — East Side: Updates to irrigation layout and notes for
Principal
$225
0.0 $
the east planting area, including recalculation of the water use worksheet
PM / Designer
$135
6.0 $
Irrigation Modifications — West Side: Updates lo the irrigation plan to revise
Principal
$225
0.0 $
tree bubbler layouts for new plantings on the west side of the site.
PM / Designer
$135
1.0 $
Bulletin Submittal and Review Coordination: Preparation and submittal of
Principal
$225
1.0 $
bulletin documentation; coordination of responses to review comments.
PM / Designer
$135
4.5 $
Total Hours and Fee:
33.00 $
Total
787.50
1,080.00
112.50
135.00
337.50
810.00
810.00
135.00
225.00
607.50
5,040.00
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
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 each accident.
Robert R. Coffee Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
two million dollars ($2,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation (except for nonpayment for which ten (10)
calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Robert R. Coffee Page C-2
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage, subcontractors
shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Robert R. Coffee Page C-3
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant 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.
Robert R. Coffee Page C-4