AMENDMENT NO. SEVEN TO
PROFESSIONAL SERVICES AGREEMENT
WITH ROBERT R. COFFEE FOR
CENTRAL LIBRARY LECTURE HALL DESIGN
THIS AMENDMENT NO. SEVEN TO PROFESSIONAL SERVICES AGREEMENT (“Amendment No, 7”) is made and entered intoas of this 27th day of January, 2026 (“EffectiveDate”), 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 is183 McKellar Road, Dripping Springs, TX 78620, and is made with reference to the foilowing;
RECITALS
On January 1, 2020, City and Consultant entered into a Professional Services Agreement (Contract No. C-7444-2) (“Agreement”) to provide design services for the centrallibrarylecturehalldesign (“Project”).
On December 1, 2021, City and Consultant entered intoAmendment No. One to the Agreement (“Amendment No. One”) to reflectadditionalservices not previously included inthe Agreement, and to increase the totalcompensation.
On June 17, 2022, Cityand Consultant entered intoAmendment No. Two to reflect additionalServices not included inthe Agreement, as amended, to extend the term of the Agreement to January 31, 2024, and to increase the totalcompensation.
On February 16, 2024, Cityand Consultant entered intoAmendment No. Three to reflectadditionalServices not included in the Agreement, as amended, to extend the term of the Agreement to March 31, 2026, to increase the totalcompensation, and to update Section 26.3 of the Notices sectionof the Agreement.
On March 14, 2024, City and Consultant entered into Amendment No. Four to increase the compensation foradditionalservices thatwere added by Amendment No. Three and to remove Exhibit A and B to Amendment Three in theirentirety and replace them with ExhibitA & B attached hereto.
On April16, 2025, Cityand Consultant entered intoAmendment No. Five to reflect additionalservices not included in the Agreement, as amended, and to increase the totalcompensation.
On June 23, 2025, Cityand Consultant entered intoAmendment No. Six to update the address and notices section of the Agreement.
The partiesdesire to enter intothisAmendment No. Seven to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement toAugust 31, 2026 and to increasethe totalcompensation.
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B.
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ATTACHMENT A
Robert R. Coffee Page 2
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the following: “The term of this Agreement shall commence on the Effective Date, and shall terminate on August 31, 2026, unless terminated earlier as set forth herein.”
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference (“Services” or “Work”). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to Amendment No. Two, Exhibit A to Amendment No. Three, Exhibit A to Amendment No.
Four, Exhibit A to Amendment No. Five, and Exhibit A to this Amendment No. Seven shall collectively be known as “Exhibit A”. The City may elect to delete certain Services within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit B to the Agreement, Exhibit B to Amendment No. One, Exhibit B to Amendment No. Two, Exhibit B to Amendment No. T hree, Exhibit B to Amendment No. Four, Exhibit B to Amendment No. Five and Exhibit B to this Amendment No. Seven shall collectively be known as “Exhibit B.”
Section 4.1 of the Agreement is amended in its entirety and replaced with the following: “City shall pay Consultant for the Services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant’s compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred Thirty Six One Hundred Fifty Five Dollars and 00/100 ($1,236,155.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City.” The total amended compensation reflects Consultant’s additional compensation for additional Services to be performed in accordance with this Amendment No. 7, including all reimbursable items and subconsultant fees, in an amount not to exceed Ninety Two Thousand Four Hundred Forty Dollars and 00/100 ($92,440.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the partieshave caused thisAmendment No. Seven to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Date:
CITY OF NEWPORT BEACH,
a Californiamunicipal corporation
Date:
By:By:
Lauren Kleiman
Mayor
AaromC. Harp
CityAjtorney
CONSULTANT: Robert R. Coffee, a sole
proprietor doing business as (“DBA”)
Robert R. Coffee Architect and Associates
Date:
ATTEST:
Date:
By: By:.
Robert Coffee
Sole Proprietor
Lena Shumway
City Clerk
[END OF SIGNATURES]
Attachments: ExhibitA - Scope of Services
ExhibitB - Schedule of BillingRates
ExhibitC - Insurance Requirements
EXHIBIT A
SCOPE OF SERVICES
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Page A-1Robert R. Coffee
RCA+A
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Re: Newport Library Lecture Hall
Amendment 7- Add Service Request
1) Additional landscape and irrigation design to revise Bulletin 4 (new Bulletin 4.1) for the improvements to the landscape and parking area on the east side of the library.
Landscape Architect:
(see attached hourly breakdown) $5,040.00
2) Assistance in selecting the colors to paint the existing library.
RCA+A:
Hourly/Not to exceed: $2,800.00
3) Extension of Construction Administration Service s from January 1, 2026 through August 31, 2026.
RCA+A:
Principal: Hourly not to exceed $37,400.00 (220 hours) Project Architect: Hourly not to Exceed $39,200.00 (280 hours) Travel: $1,600.00 per trip = $8,000.00 (5 trips)
TOTAL ADD SERVICE: $92,440.00
The hours shown are used to estimate a “Not to Exceed” fee amount for the services outlined.
Amendment Number 7
Central Library Lecture Hall Design
OPEN AIR KANVAS
Landscape Architecture
Invoice#NBLLH-OAK-10: BillingDetails
Hours TotalRateTask
$225 3,5 $ 787.50
1,080.00
112.50
135,00
337.50
810.00
Principal
PM /Designer
Principal
PM /Designer
Principal
PM /Designer
Principal
PM /Designer
Principal
PM /Designer
Principal
PM /Designer
Sitevisitsand meetings:landscapeand existingcontrollercoordination and attendanceofon-sitemeetings.
New PlantingDesign- WestSide:Designanddocumentationfornew tree plantingsaroundtheretentionbasinon thewestsideof the site.
New PlantingDesign- EastSide:Designanddocumentationfornew plantingson theeastsideofthesite.
IrrigationModifications- EastSide:Updatesotirrigationlayoutandnotesfor theeastplantingarea,includingrecalculationofthe water use worksheet IrrigationModifications- WestSide:Updatesottheirrigationplanotrevise treebubblerlayoutsfornew plantingson thewestside ofthe site.
BulletinSubmittaland ReviewCoordination:Preparationand submittalof bulletindocumentation;coordinationofresponsestoreview comments. $135 8.0 $
$225 0.5 $
$135 $1.0
$225 $1.5
$135 6.0 $
$225 0.0 $
$135 6.0 810.00
$225 0.0
$135 1.0 135.00
225.00
607.50
$225 1.0
$135 4.5
33.00 $ 5,040.00Total Hours and Fee:
EXHIBIT B
SCHEDULE OF BILLING RATES
Robert R. Coffee Page B-1
RCA+A
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Re: Newport Library Lecture Hall
Amendment 7- Add Service Request
1) Additional landscape and irrigation design to revise Bulletin 4 (new Bulletin 4.1) for the improvements to the landscape and parking area on the east side of the library.
Landscape Architect:
(see attached hourly breakdown) $5,040.00
2) Assistance in selecting the colors to paint the existing library.
RCA+A:
Hourly/Not to exceed: $2,800.00
3) Extension of Construction Administration Service s from January 1, 2026 through August 31, 2026.
RCA+A:
Principal: Hourly not to exceed $37,400.00 (220 hours) Project Architect: Hourly not to Exceed $39,200.00 (280 hours) Travel: $1,600.00 per trip = $8,000.00 (5 trips)
TOTAL ADD SERVICE: $92,440.00
The hours shown are used to estimate a “Not to Exceed” fee amount for the services outlined.
Amendment Number 7
Central Library Lecture Hall Design
^ OPEN AIR KANVAS
Landscape Architecture
Invoice#NBLLH-OAK-10: BillingDetails
Hours TotalTask Rate
Principal
PM /Designer
Principal
PM /Designer
Principal
PM /Designer
Principal
PM /Designer
Principal
PM /Designer
Principal
PM /Designer
$225 3.5 $ 787.50
1,080.00
112.50
135.00
337.50
810.00
Sitevisitsand meetings:landscapeandexistingcontrollercoordinationand attendanceofon-sitemeetings.
New PlantingDesign- WestSide:Designand documentationfornew tree plantingsaroundtheretenlionbasinon thewestsideof the site.
New PlantingDesign- EastSide:Designand documentationfornew plantingson theeastsideofthesite.
IrrigationModifications-EastSide:Updatestoirrigationlayoutand notesfor theeastplantingarea,includingrecalculationofthe water use worksheet IrrigationModifications- WestSide:Updatesottheirrigationplantorevise treebubblerlayoutsfornew plantingson thewestside ofthe site.
BulletinSubmittaland ReviewCoordination:Preparationand submittalof bulletindocumentation;coordinationofresponsestoreview comments. $135 8.0 $
$225 $0.5
$135 1.0 $
$225 1.5 $
$135 6.0
$225 0.0
$135 6.0 810.00
$225 0.0
$135 1.0 135.00
225.00
607.50
$225 1.0
$135 4.5
33.00 $Total Hours and Fee: 5,040.00
EXHIBIT C
INSURANCE REQUIREMENTS - PROFESSIONAL SERVICES
Provision of Insurance. Without limitingConsultant’s indemnificationof City,and priorto commencement of Work, Consultant shallobtain,provide and maintain at itsown expense during the term of thisAgreement, policiesof insurance of the type and amounts described below and in a form satisfactoryto City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existingcoverage to comply and that coverage does not meet these requirements. Consultant agrees to amend, supplement or endorse the existingcoverage.
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 latesteditionof Best’s Key Rating Guide, unless otherwise approved by the City’sRisk Manager.
Coverage Requirements.
Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance, statutory limits,and Employer’s Liability Insurance with limitsof at least one milliondollars ($1,000,000) each accidentforbodilyinjuryby accidentand each employee forbodilyinjuryby disease in accordance with the laws of the State of California,Section 3700 of the Labor Code.
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3. A.
Consultant shallsubmit to City,along with the certificateof insurance, a Waiver of Subrogation endorsement infavorof City,itsCityCouncil, boards and commissions, officers,agents, volunteers and employees.
General LiabilityInsurance. Consultant shall maintain commercial general liabilityinsurance, and if necessary umbrella liabilityinsurance, with coverage at leastas broad as provided by Insurance Services Office form CG 00 01, inan amount not lessthan two milliondollars($2,000,000) per occurrence, two milliondollars($2,000,000)general aggregate. The policy shall cover liabilityarising from premises, operations, personal and advertisinginjury,and liabilityassumed under an insured contract(including the tortliabilityof another assumed in a business contract).
Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injuryand property damage for allactivities of Consultant arising out of or in connection with Work to be performed under this Agreement, includingcoverage forany owned, hired,non-owned or rented vehicles, in an amount not less than one milliondollars ($1,000,000) combined single limiteach accident.
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Professional Liability(Errors & Omissions) Insurance. Consultant shall maintain professionalliabilityinsurance that covers the Services to be performed in connection with thisAgreement, in the minimum amount of two million dollars ($2,000,000) per claim and two million dollars ($2,000,000)inthe aggregate. Any policyinceptiondate, continuitydate, or retroactive date must be before the Effective Date of thisAgreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.
Other Insurance Requirements. The policiesare to contain, or be endorsed to contain,the followingprovisions:
Waiver of Subroqation. All insurance coverage maintained or procured pursuant to thisAgreement shallbe endorsed to waive subrogation against City,itsCity Council, boards and commissions, officers,agents, volunteers and employees or shall specificallyallow Consultant or others providing insurance evidence in compliance with these requirements to waive their rightof recovery priorto a loss.Consultant hereby waives itsown rightof recovery against City,and shallrequire similarwrittenexpress waivers from each of its subconsultants.
D.
4. A.
Additional Insured Status. All liabilitypoliciesincludinggeneral liability, excess liability,pollutionliability,and automobile liability,ifrequired,but not includingprofessionalliability,shallprovide or be endorsed to provide that City,itsCity Council, boards and commissions, officers,agents, volunteers and employees shallbe included as insureds under such policies.
Primary and Non Contributory.Allliabilitycoverage shallapply on a primary basis and shallnot requirecontributionfrom any insurance or self-insurance maintained by City.
Notice of Cancellation.Allpoliciesshallprovide Citywith 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.
Additional Agreements Between the Parties. The parties hereby agree to the following;
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C.
D.
5. A. Evidence of Insurance. Consultant shall provide certificatesof 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 specifiedherein foreach coverage. Insurance certificates and endorsement must be approved by City’s Risk Manager prior to commencement of performance. Current certificationof insurance shall be kept on filewith City at alltimes during the term of thisAgreement. The certificatesand endorsements foreach insurance policyshallbe signed by a person authorized by that insurerto bind coverage on its behalf. At least Robert R. Coffee Page C-2
fifteen(15) days priorto the expirationof any such policy,evidence of insurance showing that such insurance coverage has been renewed or extended shallbe filedwith the City. Ifsuch coverage is cancelled or reduced, Consultant shall,withinten (10)days afterreceipt of written notice of such cancellationor reductionof coverage, filewith 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 rightto require complete, certifiedcopies of all required insurance policies,at any time.
B. City’sRight to Revise Requirements. City reserves the rightat any time during the term of the Agreement to change the amounts and types of insurance requiredby givingConsultant sixty(60) calendar days’ advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation.
C. Right to Review Subcontracts.Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City willbe submitted to City for review. Failure of Cityto request copies of such agreements willnot impose any liabilityon City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting allthe requirements stated herein,and Consultant shallensure that City is an additional insured on insurance requiredfrom subcontractors.ForCGL coverage, subcontractors shallprovide coverage with a format at leastas broad as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failureon the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligationson Citynor does itwaive any rightshereunder.
E. Requirements not Limiting.Requirements of specificcoverage features or limits contained in this Section are not intended as a limitationon coverage, limitsor other requirements,or a waiver of any coverage normally provided by any insurance. Specificreference to a given coverage feature is for purposes of clarificationonly as itpertainsto a given issue and is not intended by any party or insured to be allinclusive,or to the exclusion of other coverage, or a waiver of any type. Ifthe Consultant maintains higher limitsthan the minimums shown above, the City requires and shall be entitledto coverage for higher limitsmaintained by the Consultant. Any availableinsurance proceeds in excess of the specifiedminimum limits of insurance and coverage shallbe availableto the City.
F. Self-insuredRetentions. Any self-insuredretentionsmust be declared to and approved by City.City reserves the rightto require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance willnot be considered to comply with these requirements unless approved by City.
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G. City Remedies for Non-Compliance. IfConsultant or any subconsultant fails to provide and maintain insurance as required herein,then City shallhave the rightbut not the obligation,to purchase such insurance, to terminate this Agreement, or to suspend Consultant’s rightto proceed until proper evidence of insurance isprovided. Any amounts paid by City shall,at City’s sole option,be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand.
Timely Notice of Claims. Consultant shallgive Cityprompt 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 liabilitypolicies.City assumes no obligationor liabilityby such notice,but has the right(but not the duty) to monitor the handling of any such claim or claims ifthey are likelyto involve City.
Consultant’sInsurance. Consultant shallalso procure and maintain, at its own cost and expense, any additionalkinds of insurance, which in its own judgment may be necessary foritsproper protectionand prosecution of the Work.
H.
I.
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