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Home My WebLink AboutC-7444-2 - PSA for Central Library Lecture Hall Design1_ AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH ROBERT R. COFFEE FOR CENTRAL LIBRARY LECTURE HALL DESIGN THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Four") is made and entered into as of this 14th day of March, 2024 ("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 Robert R. Coffee Architect + Associates ("Consultant"), whose address is 1629 Hazy Hills Loop, 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 ("Agreement") to provide design services for the central library ("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 the Agreement ("Amendment No. Two") to reflect additional services not included in the Agreement, and to increase the total compensation. D. On February 16, 2024, City and Consultant entered into Amendment No. Three to the Agreement ("Amendment No. Three") to reflect additional services not included in the Agreement, 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. The parties desire to enter into this Amendment No. Four to increase the compensation for the additional services that were added by Amendment No. Three and to remove Exhibits A and B to Amendment Three in their entirety and replace them with Exhibits A and B attached hereto. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A attached to Amendment No. Three is hereby deleted in its entirety and replaced by the Exhibit A attached hereto, which is incorporated herein by reference. Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to Amendment Two, and Exhibit A to this Amendment No. Four shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Exhibit B attached to Amendment No. Three is hereby deleted in its entirety and replaced by the Exhibit B attached hereto, which is incorporated herein by reference. Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B. Exhibit B to the Agreement, Exhibit B to Amendment No. One, Exhibit B to Amendment Two, and Exhibit B to this Amendment No. Four 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 One Hundred Twenty Seven Thousand One Hundred Thirty Five Dollars and 00/100 ($1,127,135.00), 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. Four, including all reimbursable items and subconsultant fees, in an amount not to exceed Nine Thousand Four Hundred Sixty Five Dollars and 00/100 ($9,465.00). To clarify: this additional compensation corrects the total compensation amount to be paid Consultant for the additional Services performed in accordance with Exhibit A attached hereto to reflect the sum of $445,000.00. 3. 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. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3^2� By: ar n C. rp y At rney 3�z�dy ATTEST: Date: M City Clerk CITY OF NEWPORT BEACH, a California Municipal corporation Date: 3' By: Dave Webb Director of Public Works CONSULTANT: Robert R. Coffee , a sole proprietor doing business as Robert R. Coffee Architect + Associates Date: Signed in Counterpart By: Robert Coffee Sole Proprietor [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Robert R. Coffee Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3- -7- 2� By: <Aap6n C. arp'Cif 3 �S y Attorn Y ATTEST: Date: Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Dave Webb Director of Public Works CONSULTANT: Robert R. Coffee , a sole proprietor doing business as Robert R. Coffee Architect + As ciates Date: By: Robert Coffee` Sole Proprietor [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Robert R. Coffee Page 3 EXHIBIT A SCOPE OF SERVICES Robert R. Coffee Page A-1 NEWPORT BEACH LIBRARY LECTURE HALL PROFESSIONAL FEE ADDENDUM 10/05/23 CONSTRUCTION ADMINISTRATION RCA+A will provide Construction Administration Services consisting of the following: Tasks: 1) Construction Field Observation Services consisting of visits to the site at weekly job meetings to become generally familiar with the progress of the work and the quality of the work and to determine in general if the Work is proceeding in accordance with the Contract Documents. The Project Schedule anticipates a Construction Schedule of 21 months. The Fee Proposal assumes a total of 84 site visits at 4/month. 2) Processing Submittals, including receipt, review of, and taking appropriate action on shop drawings, product data, samples and other submittals required by the Contract Documents. 3) Supplemental Documents services consisting of preparation and distribution of supplemental drawings, specifications and interpretations in response to Request for Information by the Contractor. 4) Construction Change Directive/Change Order services consisting of preparation and distribution of drawings and specifications to describe work to be added, deleted or modified and review of proposal from the Contractor relative to changes in the time for Substantial Completion. 5) Payment Application review for conformance with the Work completed. 6) Punch List: This task will include a detailed inspection by each design team consultant with the City's representative for the conformity of the Work to the Contract Documents and the preparation of a list enumerating the items to be completed or corrected by the contractor. Meetings: 84 meetings (bi-weekly meetings for 21 months of construction) Reggie Wilson will be attending every weekly job meeting. Robert Coffee will attend one meeting/month. Reggie Wilson will be available to make other intermittent site visits when required for the special circumstances necessary to keep the construction schedule proceeding as planned. CLOSEOUT The Design Team will prepare "As -Built" Drawings by updating the original Construction Set with all modifications and revisions issued by RFI's and Bulletin/Change Orders. Deliverables: 1) As -Built Drawings in PDF format. Robert R. Coffee Architect and Associates NEWPORT BEACH LIBRARY LECTURE HALL PROFESSIONAL FEE ADDENDUM 10/05/23 PROFESSIONAL SERVICES FEE: The total scope of work outlined above shall be provided for a fixed fee of $440,000.00, excluding reimbursable expenses. REIMBURSABLE EXPENSES ESTIMATE: Not to Exceed: $5,000.00 Reimbursable expenses are difficult to predict and as such RCA+A reserves the right to request the City to increase this amount if necessary. RCA+A will bill all reimbursable expenses separately and provide the City with a copy of all expenses for review with each billing. In an effort to keep the reimbursable expenses within the amount listed, RCA+A will provide the City and, when necessary, the Contractor with digital PDF copies of all Review Sets, Bid Sets, Addendum, and Bulletins including all Drawings and Specifications. Reimbursable expenses will include: 1. Plotting and Document Reproduction 2. Postage and Overnight Mail 3. Deliveries 4. Photography 5. Models 6. All governmental agency fees TOTAL FEE PROPOSAL: Professional Services Fee: $440,000.00 Reimbursable Expense: $5,000.00 Total: $445,000.00 Robert R. Coffee Architect and Associates EXHIBIT B SCHEDULE OF BILLING RATES Robert R. Coffee Page B-1 EXHIBIT B BILLING RATES Rate: $95.00 Per Hour. Total Not -To -Exceed Amended Compensation: $9,465.00 Total Not -To -Exceed Contract Value Compensation: $1,127,135.00 AMENDMENT NO. THREE TO (� PROFESSIONAL SERVICES AGREEMENT U WITH ROBERT R. COFFEE FOR CENTRAL LIBRARY LECTURE HALL DESIGN THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this 16th day of February, 2024 ("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 Robert R. Coffee Architect + Associates ("Consultant"), whose address is 1629 Hazy Hills Loop, 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 ("Agreement") to provide design services for the central library ("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 the Agreement ("Amendment No. Two") to reflect additional services not included in the Agreement, and to increase the total compensation. D. The parties desire to enter into this 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. 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 March 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 this Amendment No. One, Exhibit A to Amendment Two, and Exhibit A to Amendment No. Three 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 Two, and Exhibit B to Amendment No. Three 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 One Hundred Seventeen Thousand Six Hundred Seventy Dollars and 00/100 ($1,117,670.00), 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. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Four Hundred Thirty Five Thousand Five Hundred Thirty Five Dollars and 00/100 ($435,535.00). 4. NOTICES Section 26.3 of the Agreement is amended in its entirety and replaced with the following: "All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Robert R. Coffee Robert R. Coffee Architect + Associates 1629 Hazy Hills Loop Dripping Springs, TX 78620" 5. 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. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: -ZL jj—,e' 7/— VC. ar yy m/rh�S Y ATTEST: Date: 2123. go Leilani I. B City Clerk Attachments 9% ��P CITY OF NEWPORT BEACH, a California municipal corporation Date: z/Z 7 A o Z y By: Will O'Neill Mayor CONSULTANT: Robert R. Coffee , a sole proprietor doing business as Robert R. Coffee Architect + Associates Date: By: Signed in Counterpart Robert Coffee Sole Proprietor [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Robert R. Coffee Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 2- i5 —2f By' Aa o C.?V 4713 City Attorney al�s� ATTEST: Date: Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Will O'Neill Mayor CONSULTANT: Robert R. Coffee , a sole proprietor doing business as Robert R. Coffee Architect + Ass iate Date: 1�t!'� 6 A�v,o/ By: /_Z, Robert Coffee Sole Proprietor [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Robert R. Coffee Page 3 EXHIBIT SCOPE OF SERVICES Robert R. Coffee Page A-1 NEWPORT BEACH LIBRARY LECTURE HALL PROFESSIONAL FEE ADDENDUM 10/05/23 CONSTRUCTION ADMINISTRATION RCA+A will provide Construction Administration Services consisting of the following: Tasks: 1) Construction Field Observation Services consisting of visits to the site at weekly job meetings to become generally familiar with the progress of the work and the quality of the work and to determine in general if the Work is proceeding in accordance with the Contract Documents. The Project Schedule anticipates a Construction Schedule of 21 months. The Fee Proposal assumes a total of 84 site visits at 4/month. 2) Processing Submittals, including receipt, review of, and taking appropriate action on shop drawings, product data, samples and other submittals required by the Contract Documents. 3) Supplemental Documents services consisting of preparation and distribution of supplemental drawings, specifications and interpretations in response to Request for Information by the Contractor. 4) Construction Change Directive/Change Order services consisting of preparation and distribution of drawings and specifications to describe work to be added, deleted or modified and review of proposal from the Contractor relative to changes in the time for Substantial Completion. 5) Payment Application review for conformance with the Work completed. 6) Punch List: This task will include a detailed inspection by each design team consultant with the City's representative for the conformity of the Work to the Contract Documents and the preparation of a list enumerating the items to be completed or corrected by the contractor. Meetings: 84 meetings (bi-weekly meetings for 21 months of construction) Reggie Wilson will be attending every weekly job meeting. Robert Coffee will attend one meeting/month. Reggie Wilson will be available to make other intermittent site visits when required for the special circumstances necessary to keep the construction schedule proceeding as planned. CLOSEOUT The Design Team will prepare "As -Built" Drawings by updating the original Construction Set with all modifications and revisions issued by RFI's and Bulletin/Change Orders. Deliverables: 1) As -Built Drawings in PDF format. Robert R. Coffee Architect and Associates NEWPORT BEACH LIBRARY LECTURE HALL PROFESSIONAL FEE ADDENDUM 10/05/23 PROFESSIONAL SERVICES FEE: The total scope of work outlined above shall be provided for a fixed fee of $430,535.00, excluding reimbursable expenses. REIMBURSABLE EXPENSES ESTIMATE: Not to Exceed: $5,000.00 Reimbursable expenses are difficult to predict and as such RCA+A reserves the right to request the City to increase this amount if necessary. RCA+A will bill all reimbursable expenses separately and provide the City with a copy of all expenses for review with each billing. In an effort to keep the reimbursable expenses within the amount listed, RCA+A will provide the City and, when necessary, the Contractor with digital PDF copies of all Review Sets, Bid Sets, Addendum, and Bulletins including all Drawings and Specifications. Reimbursable expenses will include: 1. Plotting and Document Reproduction 2. Postage and Overnight Mail 3. Deliveries 4. Photography 5. Models 6. All governmental agency fees TOTAL FEE PROPOSAL: Professional Services Fee: $430,535.00 Reimbursable Expense: $5,000.00 Total: $435,535.00 Robert R. Coffee Architect and Associates EXHIBIT B SCHEDULE OF BILLING RATES Robert R. Coffee Page B-1 EXHIBIT B SCHEDULE OF BILLING RATES Rate: $95.00 Per Hour. Phase 3C (Construction Administration and Closeout) Phase 3D (Post -Construction Services): Subtotal Professional Services Fee Phases 3C, 3D $430,535 Reimbursable Expenses: $5,000 TOTAL NOT TO EXCEED AMOUNT: $435,535 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH ROBERT R. COFFEE FOR CENTRAL LIBRARY LECTURE HALL DESIGN THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 17th day of June, 2022 ("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 20361 Irvine Ave., Studio B-2, Newport Beach, California 92660, and is made with reference to the following: RECITALS A. On January 1, 2020, City and Consultant entered into a Professional Services Agreement ("Agreement") for provide design services for the central library ("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, extend the term of the Agreement and to increase the total compensation. C. The parties desire to enter into this 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. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on January 31, 2024, 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 this Amendment No. One and Exhibit A to Amendment No. Two 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 ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One and Exhibit B to Amendment No. Two 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 Six Hundred Eighty Two Thousand One Hundred Thirty Five Dollars and 00/100 ($682,135.00), 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. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Nine Thousand Four Hundred Sixty Five Dollars and 00/100 ($9,465.00). 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. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California mu icipal corporation Date:, /(/�o� Z Date: ?� By: By: Aaron C. Harp (4L6(2,L Gr eung City Attorney C anager ATTEST: CONSULTANT: Robert R. Coffee, a Date: �•�Z sole proprietor doing business as ("DBA") Robert R. Coffee Architect + Associates Date: c� Leilani I. Brow City Clerk jv�_ NY,'P CX U Attachments: Signed in Counterpart By. Robert Coffee Sole Proprietor ND OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Robert R. Coffee Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 41tilZ" l- By Z�242e Aaron C. Harp ul tq „L City Attorney ATTEST: Date: Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: Bw Grace Leung City Manager CONSULTANT: Robert R. Coffee, a sole proprietor doing business as ("DBA") Robert R. Coffee Architect + Associates All jl0/�' Date: / By: Robert Coffee OF Sole Proprietor [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Robert R. Coffee Page 3 EXHIBIT A SCOPE OF SERVICES Provide the research, planning, design, and documentation necessary for the development of donor recognition and additional required signage for the Newport Beach Library Lecture Hall. PHASE 1 - SCHEMATIC DESIGN 1.1 Research Review architectural plans and available data to effectively assess donor and project signage requirements. 1.2 Programming Development of preliminary sign messages and locations. 1.3 Conceptual Design Development of Conceptual Design Drawings for client review and comment. PHASE 2 - DESIGN DEVELOPMENT 2.1 Design Development Upon approval of Conceptual Design drawings, Design Development drawings will be prepared for all proposed sign types. Sign locations and recommended sign messages as well as sign dimensions, materials, colors, and fabrication techniques will be developed at this time. Sign messages will be developed by mutual participation with final approval to be provided by the City. Full-size letter layouts will be provided at City's request. 2.2 Design Development Review Presentation of Design Development document to client for review and comment. 2.3 Design Development Approval Design drawings and sign planning for all proposed sign types will be revised per client review comments and submitted for approval. Robert R. Coffee Page A-1 PHASE 3 - CONSTRUCTION DOCUMENTS 3.1 Construction Document Upon approval of Design Development drawings, Design Intent drawings and revised sign planning will be developed for client review and comment. 3.2 Construction Document Review Presentation of draft Construction Document to client for review and comment. 3.3 Final Construction Document and Bid Specifications Development of revised drawings and other documentation necessary for acquiring comparative bids from qualified Signage Contractors. PHASE 4 - CONSTRUCTION ADMINISTRATION 4.1 Bid Coordination Consultation with RCA+A as needed during bid selection process. 4.2 Submittal Coordination Review all Signage Contractor fabrication submittals. 4.3 Pre -installation Coordination Pre -installation site survey with Signage Contractor to finalize precise sign locations. 4.4 Installation Inspection Inspection of all installed signage and documentation of inspection observations. DELIVERABLES The following list defines the items which the City will receive as a result of work completed. PHASE 1 - SCHEMATIC DESIGN 1. Conceptual Design drawings all proposed sign types for City review and comment. 2. Preliminary sign planning as needed to document proposed sign locations and preliminary messages. Robert R. Coffee Page A-2 PHASE 2 - DESIGN DEVELOPMENT 1. Design Development drawings of all proposed sign types. 2. Sign Location Plans indicating general locations of each proposed sign. 3. Message Schedules listing all proposed signs with updated messages and location references. 4. Full-size letter layouts will be provided at City's request. PHASE 3 - CONSTRUCTION DOCUMENT 1. Design Intent drawings of all proposed sign types. 2. Revised Sign Location Plans indicating updated sign locations as needed. 3. Revised Sign Message Schedule listing all proposed signs with updated messages as needed. 4. Final Signage Program Construction Document for acquiring comparative bids from qualified Signage Contractors. PHASE 4 - CONSTRUCTION ADMINISTRATION 1. Documentation of all Bid Coordination activities. 2. Documentation of all Signage Contractor submittal review activities including submittal review observations. 3. Documentation of installation inspection / punch list observations. PROPOSED SIGNAGE COMPONENTS The following is a list of proposed sign types included in this Amendment No Two. During the planning and design process, additions and/or deletions to this list may occur and necessitate a change in estimated fees. At such occurrences the City will be notified and the City's approval will be required prior to initiation of Additional Services. All listed components will be drawn during design phases. DONOR RECOGNITION SIGNAGE • Building / Donor Identification Monument Sign • Multiple Donor Recognition Sign • Courtyard Donor Recognition Sign ADDITIONAL REQUIRED SIGNAGE • City Council Dedication Plaque • Accessible Parking Stall Identification Sign Robert R. Coffee Page A-3 EXHIBIT B SCHEDULE OF BILLING RATES Rate: $95.00 Per Hour Total Not -To -Exceed Amended Compensation: $9,465.00 Robert R. Coffee Page B-1 Z J �-- AMENDMENT NO. ONE TO I PROFESSIONAL SERVICES AGREEMENT U WITH ROBERT R. COFFEE FOR CENTRAL LIBRARY LECTURE HALL DESIGN THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 1st day of December, 2021 ("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 20361 Irvine Ave. Studio B-2, Newport Beach, California 92660, and is made with reference to the following: RECITALS A. On January 1, 2020, City and Consultant entered into a Professional Services Agreement ("Agreement") for design services for the central library lecture hall design ("Project"). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. 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 and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT 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 Six Hundred Seventy Two Thousand Six Hundred Seventy Dollars and 00/100 ($672,670.00), 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. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty Five Thousand Dollars and 00/100 ($35,000.00). 3. 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. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: It By: Aaron .Harp City A for ey ATTEST: Date: % i . 30 20�4 22 City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: t112A/2az1 By: '�N� Gra eung Cit anager CONSULTANT: Robert R. Coffee, a sole proprietor doing business as ("DBA") Robert R. Coffee Architect + Associates Date: Signed in Counterpart By: Robert Coffee Sole Proprietor [END OF SIGNATURES] Attachment: Exhibit A — Scope of Services Robert R. Coffee Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNE 'S OFFICE Date: Ii By: -I � (�� I — 2Q'� - Aaron . Harp City 6torney ,: ATTEST: Date: ma Leilani I. Brown City Clerk Attachment CITY OF NEWPORT BEACH, a California municipal corporation Date- By- Grace ate: By:Grace Leung City Manager CONSULTANT: Robert R. Coffee, a sole proprietor doing business as ("DBA") Robert R. Coffee Architect + Associates Date: By. Robert Coffee Sole Proprietor [END OF SIGNATURES] Exhibit A – Scope of Services Robert R. Coffee Page 3 EXHIBIT A SCOPE OF SERVICES Phase 3 — Construction Documents, Bidding and Construction Administration WQMP and BMP Mitigation Two issues were discovered during the Schematic Design Phase that were not known at the time the original Agreement. The water quality mitigation requirements stipulated in the existing WQMP for the new City Hall Building does not match those shown on the drawings. Additionally, there are numerable underground utilities on the site proposed for the building that were also not known at the time. Consultant shall conduct additional Work for reconciling the WQMP issues and preparing an acceptable solution and to relocate and design all of the underground utilities. This added Work is primarily due to the extended project schedule for Schematic Design (from 7 months to 14 months) caused by the pandemic and the subsequent efforts required to resolve unforeseen site issues that impacted the design. Approximately 125 extra hours are required to complete the Schematic Design than were originally allocated in the required Project Task Outline. IDIBRI Audio Visual Engineer Due to the project schedule for Schematic Design extending from 7 months to 14 months, more time is required from the audio-visual consultant. The design shall be updated to incorporate a more sophisticated acoustical design solution to address specific programing requirements. Robert R. Coffee Page A-1 cli PROFESSIONAL SERVICES AGREEMENT WITH ROBERT R. COFFEE FOR CENTRAL LIBRARY LECTURE HALL DESIGN THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 1st day of January, 2020 ("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 20361 Irvine Ave. Studio B-2, Newport Beach, California 92660, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide design services for the central library lecture hall design ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows. - 1 . ollows:1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on January 31, 2024, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform Services attached hereto as Exhibit A and or "Work"). City may elect to delete certain sole discretion. 3. TIME OF PERFORMANCE all the services described in the Scope of incorporated herein by reference ("Services" Services within the Scope of Services at its 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 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 Six Hundred Thirty Seven Thousand Six Hundred Seventy Dollars and 00/100 ($637,670.00), 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. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Robert R. Coffee Page 2 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Robert R. Coffee to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. Robert R. Coffee Page 3 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, authorized City agents (not including contractors, subcontractors or other consultants on the Project), volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the negligence or willful misconduct of the Indemnified Parties or of any other party for which Consultant is not legally liable. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. For claims based on professional liability and notwithstanding the foregoing, Consultant has no obligation to provide defense counsel or to pay for any defense -related costs prior to a final determination of its liability by a court of last resort. Following any such determination of its liability, Consultant shall be responsible to reimburse the Indemnified Parties as set out in Civil Code 2782.8 in an amount not to exceed Consultant's proportionate percentage of fault. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are Robert R. Coffee Page 4 limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Robert R. Coffee Page 5 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Instruments of Service"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Instruments of Service, including all logins and password information to City upon prior written request. 17.2 Instruments of Service, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Instruments of Service for other projects and any use of incomplete Instruments of Service without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Further, City agrees to indemnify Consultant for damages and liability resulting from City's unauthorized reuse of the Instruments of Service or changes made by City to Instruments of Services without Consultant's written consent. 17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data Robert R. Coffee Page 6 due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared on thirty inch (30") by forty-two inch (42") sheets. Consultant shall provide to City drawings of record, a copy of CADD and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Instruments of Service, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Instruments of Service provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow Robert R. Coffee Page 7 inspection of all Work, data, Instruments of Service, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions which fall below the standard of care set out above in Section 8.1 that are due to the negligence of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant, provided City shall be responsible for the cost of the omitted item or service as it was originally bid at the time of initial procurement. Nothing in this Section is intended to expand the standard of care or limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. Robert R. Coffee Page 8 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Robert R. Coffee Robert R. Coffee Architect + Associates 20361 Irvine Ave. Studio B-2 Newport Beach, CA 92660 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days, or if more than five (5) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and Robert R. Coffee Page 9 thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Instruments of Service and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. Robert R. Coffee Page 10 30.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Robert R. Coffee Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement 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: 1�1&/2o2 0 By.Y: Aaron C. JAW"' arp �B Will O'Neill City Att r ey Mayor ATTEST: / �� Date: Attachments: CONSULTANT: Robert R. Coffee, a sole proprietor doing business as ("DBA") Robert R. Coffee Architect + Associates Date: Signed in Counterpart By: Robert R. Coffee Sole Proprietor ND OF SIGNATURES] eft A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Robert R. Coffee Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: — L Aaron C arp City Att r ey CITY OF NEWPORT BEACH, a California municipal corporation Date: %2,/A0zo By: d"_��.•�� Will O'Neill Mayor ATTEST: CONSULTANT: Robert R. Coffee, a sole Date: proprietor doing business as ("DBA") Robert R. Coll e ��itect + Associates Date:/� By: By: Leilani I. Brown Robeft R. Coffee City Clerk 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 12 EXHIBIT A SCOPE OF SERVICES Robert R. Coffee Page A-1 NEWPORT BEACH LIBRARY LECTURE HALL SCOPE OF WORK PHASE ONE: Research, Programming, Planning and Schematic Design This Phase has five sub -phases of work: Phase 1a) -Research; to understand the physical and jurisdictional constraints and opportunities inherent to this site, Phase 1b) -Programming; to refine the programming for the lecture hall (particularly seating configuration, sight -lines, theatrical lighting, acoustics and audio-visual elements) and the functional requirements of the adjacent outdoor courtyard spaces, Phase 1c) -Planning; determine the best planning solution for the location and configuration of the lecture hall and the necessary related outdoor spaces and Phase 1d) -Schematic Design; development of the architectural design of the building and outdoor spaces with an Estimate of Probable Construction Cost. This task will also include the compilation of a Fund -Raising Package that will include renderings and drawings illustrating the interior and exterior design of the project and opportunities for donor recognition. Phase 1a: Research Tasks 1) Pre-Design/Kick-Off Meeting 2) Aerial Topo 3) Review of Title Report / Research of Existing Utilities 4) ALTA Survey 5) Existing Building and Site Field Survey 6) Geotechnical Investigations 7) Research of Regulatory Requirements and Permitting 8) Comprehensive Base Map of Constraints and Opportunities 9) Update Project Schedule 10) Meetings with LLHDC/City Staff Phase 1b: Programming Tasks 1) Site/ Outdoor Space Programming 2) Building Programming 3) Complete Site/Building Programming Document 4) Meetings with LLHDC/City Staff Phase 1c: Planning Tasks 1) 2) 3) 4) 5) 6) Develop 4 Building/Site Plan Concepts Meetings with LLHDC/City Staff Community Meeting Refine Preferred Scheme Prepare Conceptual Cost Estimate Presentation to City Council NEWPORT BEACH LIBRARY LECTURE HALL SCOPE OF WORK PHASE ONE: Research, Programming, Planning and Schematic Design (continued) Phase 1d: Schematic Design Tasks 1) Prepare Schematic Design Drawings 2) Prepare Schematic Design Cost Estimate 3) Complete Preliminary WQMP 4) Meetings with LLHDC/City Staff 5) Community Meeting 6) Presentation to City Council 7) Compile Fund Raising Package Deliverables: 1) Aerial Topo/ Field Survey with Existing Buildings 2) Composite Existing Underground Utility Map 3) Geotechnical Investigations and Recommendations Report 4) Summary of Building and Site Programming Meetings 5) Project Schedule 6) Four Building and Site Plan Concept Studies 7) Schematic Design Package A. Architectural Drawings a. Site Plan b. Floor Plan c. Roof Plan d. Elevations e. Sections f. 4 Renderings (3 ext./1 int.) B. Landscape Drawings a. Conceptual Planting Plan b. Conceptual Hardscape Plan C. Civil Engineering Drawings a. Preliminary Grading Plan b. Preliminary Sewer and Water Plan D. Audio -Visual, Acoustic and Theatrical Lighting Drawings a. Floor Plan b. RCP Plan c. Building Sections/Wall Elevations d. Lighting and Speaker Plan e. Controls Plan E. Structural Engineering Drawings a. Foundation Plan b. Roof Framing Plan F. Mechanical and Plumbing a. Floor Plan (Schematic pipe and duct routing) b. Roof Plan (Unit Sizing and Conceptual System Design) NEWPORT BEACH LIBRARY LECTURE HALL SCOPE OF WORK PHASE ONE: Research, Programming, Planning and Schematic Design (continued) G. Electrical Engineering a. Single Line Diagram and Panel Schedule b. Site Lighting Plan c. Building and Theater Lighting Plan d. Power and Data Plan 8) Estimate of Probable Construction Cost 9) Fund Raising Package Meetings: 11 meetings with LLHDC/City Staff 2 Community Meetings 2 Presentations to the City Council PHASE TWO: Design and Planning Approvals During this phase, the RCA+A Team will work with the City to secure design approval from the Irvine Company and preliminary and conditional approvals from the City of Newport Beach Planning Department, Building Department and Fire Department. The preliminary WQMP will be prepared and submitted for review by the City. RCA+A will initiate the work orders with both Southern California Edison and the Southern California Gas Company. Tasks: 1) Submit Schematic Design Package to the Irvine Company for review. 2) Prepare preliminary WQMP and submit to the City for review. 3) Initiate work order applications with both SCE and SoCal Gas Company. 4) Update Project Schedule. Deliverables: 1) Preliminary WQMP 2) Updated Schematic Design Package 3) Work Order Applications for SCE and SoCal Gas 4) Updated Project Schedule Meetings: 2 Meetings with the LLHDC/City Staff NEWPORT BEACH LIBRARY LECTURE HALL SCOPE OF WORK PHASE THREE: Construction Documents, Bidding and Construction Administration This Phase of the project includes three sub -phases; 3a) Construction Documents, 3b) Bidding and 3c) Construction Administration. Phase 3a: Construction Documents RCA+A will provide a set of construction documents consisting of complete construction level plans and specifications and other documentation setting forth in detail the requirements for bidding and construction of the project for submittal to and approval by the City of Newport Beach Building Department and Fire Department. Tasks: 1) Prepare Construction Document Drawings a. 75% Submittal b. 95% Submittal c. 100% Submittal 2) Update Estimate of Probable Construction Cost a. 75% Submittal b. 95% Submittal c. 100% Submittal 3) Prepare Project Manual and Specifications 4) Secure Building Department Approval 5) Secure Fire Department Approval 6) Prepare Final Bid Package Deliverables: 1) Construction Document Drawings a. Architectural / Interior Design Drawings: Technical Site Plan Floor Plans Floor Finish Plan Roof Plans Reflected Ceiling Plans Elevations Building Sections Wall Sections Interior Finish Schedule Window and Door Schedule Interior Elevations of Primary Spaces Construction Details Technical Specifications NEWPORT BEACH LIBRARY LECTURE HALL SCOPE OF WORK PHASE THREE: Construction Documents, Bidding and Construction Administration (continued) Deliverables: b. Landscape Drawings: Landscape Planting Plan Landscape Hardscape Plan Landscape Irrigation Plan Landscape Sections and Details Technical Specifications c. Civil Engineering Drawings: Demolition Plan Final Grading and Drainage Plan Erosions Control Plan Horizontal Control Plan Final WQMP Water and Sewer Plan and Details Technical Specifications e. Structural Engineering Drawings: Foundation Plans Floor and Roof Framing Plans Special Details Structural Design Calculations Technical Specifications f. Mechanical and Plumbing Engineering Drawings: Mechanical Floor Plans -Supply and Return Ductwork Plumbing Floor Plans -Fixture Locations Mechanical Roof Plans -Equipment Location Plumbing Rood Plans -Roof Drains Title 24 Energy Analysis Equipment Schedule and Standard Details Technical Specifications/Cut-sheets g. Electrical Engineering Drawings: Electrical Site Plan Building Lighting Floor Plan Building Power, Data and Signal Floor Plan Fire Alarm Plan Single Line Drawing and Panel Schedules Technical Specifications/Cut-sheets h. Audio -Visual, Acoustic and Theatrical Lighting Drawings: Equipment Location Floor Plans Theatrical Lighting Plans Acoustical Plans and Details Audio -Visual Plans and Details Installation Details Technical Specifications/Cut-sheets NEWPORT BEACH LIBRARY LECTURE HALL SCOPE OF WORK PHASE THREE: Construction Documents, Bidding and Construction Administration (continued) Deliverables: i. Signage and Graphics Design Drawings: Site and Building Sign Location Plans Exterior and Interior Sign Type Design Technical Specifications 2) Final Estimate of Probable Construction Cost Meetings: 2 meetings with LLHDC/City Staff Phase 3b: Bidding RCA+A will assist the City Contract and Bid Administrator and Construction Manager in organizing and issuing the Bid Documents. RCA+A will provide services consisting of preparation of Addenda as may be required during the bidding process including all supplementary drawings, specifications, instructions and notice of changes in the bidding schedule and procedure. RCA+A will analyze alternates and substitutions for conformance with the Contract Documents and will participate with the City in conducting the Pre -Bid Conference and reviewing the completeness of the Bids received. Tasks: 1) Assist City in assembling the Bid Package. 2) Prepare Addenda and review substitutions as required. 3) Attend Pre -Bid Conference. 4) Assist City with the Review of the Bids Deliverables: 1) Addenda as required. Meetings: 2 meetings with City Staff NEWPORT BEACH LIBRARY LECTURE HALL SCOPE OF WORK PHASE THREE: Construction Documents, Bidding and Construction Administration (continued) Phase 3c: Construction Administration and Closeout RCA+A will provide Construction Administration Services consisting of the following: Tasks: 1) Construction Field Observation Services consisting of visits to the site at weekly job meetings to become generally familiar with the progress of the work and the quality of the work and to determine in general if the Work is proceeding in accordance with the Contract Documents. The Project Schedule anticipates a Construction Schedule of 13 months. The Fee Proposal assumes a total of 56 site visits. 2) Processing Submittals, including receipt, review of, and taking appropriate action on shop drawings, product data, samples and other submittals required by the Contract Documents. 3) Supplemental Documents services consisting of preparation and distribution of supplemental drawings, specifications and interpretations in response to Request for Information by the Contractor. 4) Construction Change Directive/Change Order services consisting of preparation and distribution of drawings and specifications to describe work to be added, deleted or modified and review of proposal from the Contractor relative to changes in the time for Substantial Completion. 5) Payment Application review for conformance with the Work completed. 6) Punch List: This task will include a detailed inspection with the City's representative for the conformity of the Work to the Contract Documents and the preparation of a list enumerating the items to be completed or corrected by the contractor. Meetings: 24 meetings (bi-weekly meetings for 12 months of construction) Phase 3d: Post Construction Services The Design Team will prepare "As -Built" Drawings by updating the original Construction Set of drawings with the as -built field conditions as recorded by the Contractor under the condition the Contractor has documented all as -built conditions that deviate from the Contract Documents on a monthly basis and are clear and concise. Deliverables: 1) As -Built Drawings in PDF format on CD Meetings: 1 Site Visit EXHIBIT B SCHEDULE OF BILLING RATES Robert R. Coffee Page B-1 SCHEDULE OF FEES AND BILLING RATES NEWPORT BEACH LIBRARY LECTURE HALL Newport Beach, CA PROFESSIONAL SERVICES FEE: The scope of work outlined in the Scope of Services in the Response to the Request for Proposal will be completed for a fixed fee of $622,670.00, excluding reimbursable expenses. REIMBURSABLE EXPENSES ESTIMATE: Estimate Allowance: $15,000.00 Reimbursable expenses are difficult to predict and as such RCA+A reserves the right to request the City to increase this amount if necessary. RCA+A will bill all reimbursable expenses separately and provide the City with a copy of all expenses for review with each billing. In an effort to keep the reimbursable expenses within the amount listed, RCA+A will provide the City with PDF copies of all expenses for review and approval. When incurred, the following Reimbursable expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee. 1. Printing, Plotting, copying, scanning, photography and other graphic reproduction. 2. Postage and Overnight Mail. 3. Delivery and Shipping of Documents. 4. Professional Photography. 5. Models and Renderings other than those defined in the Scope of Work. 6. All governmental agency fees. TOTAL PROFESSIONAL SERVICES FEE PROPOSAL: The fee will be billed as a percentage of completion with the total amounts shown below assigned to each of the three phases of work outlined in the Scope of Services. Please refer to the attached Task Matrix and Fee Summary outlining the hours and cost for each Task and Phase. Phase 1: Research, Programming, Planning and Schematic Design Phase 1A: Research $49,890.00 Phase 16: Programming $12,400.00 Phase 1C: Planning $47,700.00 Phase 1D; Schematic Design $87,645.00 Subtotal Phase 1: $197,635.00 SCHEDULE OF FEES AND BILLING RATES (continued) NEWPORT BEACH LIBRARY LECTURE HALL Newport Beach, CA Phase 2: Design and Planning Approvals: $18,000.00 Phase 3: Construction Documents, Bidding, Construction Administration and Close -Out Phase 3A: Construction Documents $170.00/hour 75% Documents $278,547.00 95% Documents $73,278.00 100% Documents $38,880.00 Subtotal Phase 3A: $390,705.00 Phase 313: Bidding $16,330.00 Subtotal Phase 3: $407,035.00 TOTAL PROFESSIONAL SERVICES FEE: $622,670.00 Reimbursable Expenses: $15,000.00 TOTAL NOT TO EXCEED AMOUNT: $637,670.00 Billings shall be submitted at the first of each month for work completed. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. Reimbursable expenses will be billed separately from the professional services fee. ADDITIONAL SERVICES If, after a design decision has been approved, the City makes a decision for which its proper execution involves additional services and expense for changes in or additions to the drawings, specifications, or other documents; or if the Architect incurs labor or expense by delays or insolvency of either, the Architect is to be equitably paid by the City for such additional service and expense. Compensation for any authorized Extra Work agreed to in writing by the City, shall be paid in accordance with the Schedule of Billing Rates as set forth in this Exhibit B. Principal: $170.00/hour Project Manager: $150.00/hour Project Architect: $140.00/hour Project Designer: $120.00/hour Job Captain: $90.00/hour SCHEDULE OF FEES AND BILLING RATES (continued) NEWPORT BEACH LIBRARY LECTURE HALL Newport Beach, CA ASSUMPTIONS AND EXCLUSIONS: The Fee Proposal is based on the following assumptions: 1) TIME DELAY: If the project is put on hold for any reason at any time (after the RFP due date) for more than 6 months, the balance of the fee not earned will be null and void and will have to be renegotiated. 2) SEPARATE BID PACKAGES: The proposal does not include separate bid packages for different or phased portions of the work. 3) CONSTRUCTION ADMINISTRATION: The fee proposal for the construction administration services is based on a twelve (12) month construction duration. If the contractor is unable to complete the project in this time period we will need to negotiate additional services to complete construction administration. Any additional services must be agreed to in writing by the Parties. 4) HAZARDOUS MATERIAL ABATEMENT: This proposal excludes any work associated with identifying or disposing of hazardous materials. 5) SEWER: This proposal assumes the sewer connection for the building is a private system connected to an existing sewer line onsite near its proposed location or within the public street along the project frontage. This proposal excludes any public water plan for relocations. 6) FIRE MASTER PLAN: This proposal does not include a new Fire Master Plan. 7) STREET PLANS: The proposal assumes off-site public street plans are not required. Grading and landscaping adjacent to the street will be shown on the Grading Plan. 8) STORM DRAIMS: The proposal assumes the project drain inlets/outlets to be shown in plan view only for lines under 18" in diameter. Preparation of Storm Drain Plans with Special Structures to disperse concentrated run-off from watersheds outside the project will be considered additional work. 9) HYDROLOGY: This proposal includes on-site Hydrology as directly impacted by the proposed improvements and excludes any studies for off-site Hydrology. This proposal excludes any retention/detention basins and/or pump systems to retain initial storm runoff, other than that required for LID/Hydromodification. 10) UNDERGROUND UTILITY INFORMATION: The proposal assumes the City will provide underground utility information prior to the geologic field explorations. 11) MAT SLAB: The proposal excludes the design of a mat slab, drilled caissons, piles and helical screws. 12) CHANGES TO EXISTING BUILDING: The proposal does not include any work or modification to the existing library building structural system. 13) VOICE AND DATA STSTEMS: The proposal includes the location of power, conduit and structured cabling for voice and data systems. 14) SECURITY AND ACCESS CONTROL SYSTEMS: The proposal includes the power connections and outlet boxes for the Security and Building Access Control systems (Security and Building Access Controls including all equipment, devices and cabling to be provided by the Owner's vendor or consultant). EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 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 one million dollars ($1,000,000) 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 one million dollars ($1,000,000) 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. 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. D. 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. E. 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. F. 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. Robert R. Coffee Page C-3 G. 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. H. 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 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 01/20/2020 Dept./Contact Received From: Raymund Reyes Department: Public Works Sent to: Marissa By: Anthony Company/Person required to have certificate: Robert R. Coffee Architect & Associates Type of contract: Design Services - Library Lecture Hall Project I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 03/27/2019 - 03/27/2020 A. INSURANCE COMPANY: RLI Insurance Company B. AM BEST RATING (A-: VII or greater): A+: XII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑■ Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1 M/$2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ❑■ Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑■ Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ❑■ Yes ❑ No H. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) 0 N/A ❑ Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 03/27/2019 - 03/27/2020 A. INSURANCE COMPANY: RLI Insurance Company B. AM BEST RATING (A-: VII or greater) A+: XII C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑■ Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1 M E. PRIMARY & NON-CONTRIBUTORY WORDING ENDORSEMENT -please attach Yes ❑ No F. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑■ Yes ❑ No G. ADDITIONAL INSURED ENDORSEMENT — please attach ■ Yes No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ■ Yes No I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: ■ N/A Yes No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: N/A - Waiver A. INSURANCE COMPANY: B. AM BEST RATING (A-: VII or greater): C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM ADDITIONAL COVERAGES THAT MAYBE REQUIRED ❑i PROFESSIONAL LIABILITY 03/27/2019 03/27/2020 EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: AXIS Insurance - $1 M/$2M ❑ POLLUTION LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ BUILDER'S RISK EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: 7E EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: NOTES/COMMENTS: GL: Complies AUTO: Waiver due to having HIRED and NON -OWNED only WC: Waiver (Signed waiver attached) PROF: Complies Approved: Marg Stw Risk Management 1/23/2020 Date ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ N/A ❑■ Yes ❑ No