A. On Ja
nuary 10, 2022, City and Consultant entered into a Professional Services Agreement (Contract No. C-8865-1) (“Agreement”) for a Balboa Branch Library and Fire Station No. 1 Design (“Project”).
B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to December 31, 2028, increase the total compensation for additional services to be performed, update the Schedule of Billing rates, revise Contractor’s mailing address for notices, and update the insurance requirements.
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 December 31, 2028, 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 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.
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 and Exhibit B to Amendment No. One shall collectively be known as “Exhibit B.”
Attachment A
AMENDMENT NO . ONE TO
PROFESSIONAL SE RVICES AGREEMENT
WITH COAR DESIGN GROUP FOR
BALBOA BRANCH LIBRARY AN D FIRE S TATION NO. 1 DE SIGN
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT (“Amendment No. One”) is made and entered into as of this 24th day of March, 2026 (“Effective Date”) , by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city (“City”), and COAR DESIGN GROUP , a California corporation (“Consultant”), whose address is 9640 Granite Ridge Drive #130, San Diego, CA 92123, and is made with reference to the following:
RECITALS
Section 4.1 of the Agreement is amended in itsentiretyand replaced with the following;“Cityshallpay Consultant forthe Services on a time and expense not-to-exceed basis in accordance with the provisionsof thisSection and the Schedule of BillingRates attached hereto as Exhibit B and incorporated herein by reference. Consultant’s compensation for allWork performed in accordance with thisAgreement, includingall reimbursable items and subconsultant fees, shall not exceed Nine Hundred Eighty- Seven Thousand Two Hundred Forty-Eight Dollars and 00/100 ($987,248.00),without priorwrittenauthorizationfrom City. No billingrate changes shallbe made during the term of thisAgreement without the priorwrittenapproval of City.” The totalamended compensation reflectsConsultant’s additional compensation for additionalServices to be performed in accordance with this Amendment No. One, includingallreimbursable items and subconsultant fees, in an amount not to exceed Two Hundred Ninety Thousand Dollars and 00/100 ($290,000.00).
4. NOTICES
Section 26.3 of the Agreement ishereby amended initsentiretyand replaced with the following;“Allnotices,demands, requests or approvals from City to Consultant shall be addressed to Consultant at;
Attn; Jeff Katz
COAR Design Group
9640 Granite Ridge Dr #130
San Diego, CA 92123”
5. INSURANCE
As of the Effective Date of this Amendment No. One, ExhibitC of the Agreement shall be deleted in its entirety and replaced with Exhibit C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in the Agreement and Amendment No. One shall hereafter refer to "Exhibit C" attached hereto.
6. INTEGRATED CONTRACT
Except as expressly modified herein, allother provisions,terms, and covenants set forthinthe Agreement shallremain unchanged and shall be in fullforce and effect. [SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the partieshave caused thisAmendment No. One 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;
Aaron C. Harp X-
City Attorney
Lauren Kleiman
Mayor
CONSULTANT: COAR DESIGN GROUP
a Californiacorporation
Date;
ATTEST:
Date;
By; By;
Lena Shumway
City Clerk
Jeff Katz
Chief Executive Officer,Chief Financial
Officer,and Secretary
[END OF SIGNATURES]
Attachments; ExhibitA - Scope of Services
ExhibitB - Schedule of BillingRates
ExhibitC - Insurance Requirements
COAR Design Group Page 3
EXHIBIT A
SCOPE OF SERVICES
COAR Design Group Page A-1
Newport Beach Fire Staton i / Library Replacement Project Construction Administration Services Amendment Number i Scope of Work
CONSTRUCTION PHASE SERVICES
Construction contract administration services are based on a Twenty month constructionperiod,from Authorizationto Proceed through PunchlistInspection.
Construction administration services shall include, but not be limitedto,the following:
Attend the projectpre-constructionmeeting and constructionkick-offmeeting. Provide lessons learned documentation to the team from past projectsand lead discussion on how these issues can be avoided forthisproject.
Attend a totalof eighty-six(86) Progress ConstructionMeetings on a weekly basis(virtualor in person as needed) during the course of constructionto observe the project,and prepare sitevisit report.Sitevisitshallincludemeeting with Contractor,Construction Manager, and City's representativeto review progressof construction,review pending Requests For Information (RFI) and Change Order information,and observe the constructionto veritywork isproceeding in accordance vdth construction documents.
Provide two (2)sitevisitsper disciplineby the respectiveengineers forcivil,structural,electrical mechanical and landscape to review progressof constructionand conformance with construction documents.
Make one (1)additional sitevisitfor architectand allsubconsultantsto perform Punchlist Inspection,and one (1)additionalvisitto perform Final Inspection.PunchlistInspectionwill includea detailedlistingof allitems remaining to be completed by the Contractor. Final Inspectionwillcertifythatallwork has been completed in accordance with construction documents.
Review construction submittals and address submittal clarificationrequests.
Respond in writingto any Contractor’sRFI’sduring construction.
Issuedrawing modificationsor sketches(ASI’s)as required to provide clarification.
Provide periodic as-builtdrawing reviews on at leasta monthly basis.
Assistin review of Contractor’smonthly pay requests.
1. 2.
3-
4-
5. 6.
7-
8. 9-
DESIGN GROUP
Additional construction administration services shall include,but not be limitedto,the following:
Engage the Commissioning Authority ("CxA") to ensure the systems of the building are installedand calibratedto operateas intended by the projectrequirements and design documents.
Develop a Commissioning Plan,includingscope, schedule,and process guidelines,from design phase to occupancy.
Conduct system testingto verifyeach system performs accordingto specifications.
Complete Documentation Review to ensure allequipment and systems are documented correctly,and confirm operator receiptof allproper manuals, operationalprocedures, and maintenance instructions.
Train staffin the operations and maintenance of new systems.
Resolve errorsand issuesduring testingand start-up.
Create a finalreport ("Cx Report") detailingthe resultsof the testing,unresolved issues,and recommendations forfuturemaintenance and operations.
1. 2.
3-
4-
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6. 7-
ASSUMPTIONS & ADDITIONAL SERVICES
The followingitems are not included in the proposed Scope of Servicesand may be provided as Additional Servicesonly afterwrittenauthorizationisreceivedby City.Unless a subsequent fixed fee proposal isprovided,the work willbe done on an hourly basis.
Additional Servicesnot included in our basicscope of work include:
Fireprotectionengineering design or Construction support services Geotechnical engineering Construction services
Revisions to Contract Documents resultingfrom Cityrequested changes to documents previously approved by the City,or due to code or zoning changes made subsequent to Cityapproval.
Servicesrequiredbecause of significantchanges in the project(notdue to the design team's actsor omissions)including,but not limitedto,budget, size,quality,complexity,schedule,or the method forbidding and contractingforconstruction.
Processingchange requestsfor Cityrequested changes,and for unforeseen siteconditions, includingrevisionsto ContractDocuments and processingapproval of revisionsthrough the Building Department.
Providing servicesin conjunction with implementing substitutionsproposed by the Contractor and making subsequent revisionsto Contract Documents resultingfrom such.
Providing "SpecialInspection"servicesrequired by law or the Contract Documents.
Additionalsitevisitsbeyond those noted above due to constructionextending beyond the noted time frame.
Providing servicesmade necessary by the defaultof the Contractor,by major deficienciesin the work of the Contractor,or by failureof performance of the City under the Contract for Construction.
Providing servicesin conjunction with arbitrationproceedings or legalproceedings,exceptwhere the Architectisa party to such proceedings.
Preparation of documentation to process the projectthrough the US Green Building Council as a FEED project.
All delivery,printing,and reproduction costswillbe a reimbursable expense,charged at i.itimes the Consultant's cost.
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3. 4-
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6. 7-
8. 9-
10. 11.
12. Invoiceswillbe submitted monthly forthe work completed during the month, on any phase in accordance with Cityrequirements.
EXHIBIT B
SCHEDULE OF BILLING RATES
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Amendment Number i - Cost File
The breakdown forthe BasicServiceschargesofthe scope of work in amendment number i v\dllbe as follows.
Construction Administration
Commissioning
Reimbursables
$230,000.00
$ 55000.00
$ cj.OOO.OO
$290,000.00TOTAL
EXHIBIT C
INSURANCE REQUIREMENTS - PROFESSIONAL SERVICES
1. 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, policies of 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.
Coveraqe 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 accident forbodilyinjuryby accident and each employee forbodilyinjuryby disease in accordance with the laws of the State of California,Section 3700 of the Labor Code.
2. 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, in an amount not less than two milliondollars($2,000,000) per occurrence,fourmilliondollars($4,000,000)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.
B.
C.
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D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liabilityinsurance 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 four million dollars ($4,000,000) in the 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.
4. Other Insurance Requirements. The policiesare to contain, or be endorsed to contain,the followingprovisions:
Waiver of Subrogation. 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 shallrequiresimilarwrittenexpress waivers from each of its subconsultants.
A.
Additional Insured Status. All liabilitypolicies including general 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:
B.
C.
D.
5. Evidence of Insurance. Consultant shallprovide 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 specifiedhereinforeach 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 A.
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fifteen(15) days priorto the expirationof any such policy,evidence of insurance showing that such insurance coverage has been renewed or extended shall be filedwith the City. Ifsuch coverage is cancelled or reduced, Consultant shall,withinten (10) days afterreceiptof writtennotice 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.
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 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.
B.
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 Cityfor 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 all the 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.
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.
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. Specific reference to a given coverage feature is for purposes of clarificationonly as itpertains to 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 available insurance proceeds in excess of the specified minimum limits of insurance and coverage shallbe availableto the City.
Self-insured Retentions. 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.
D.
E.
F.
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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 right to proceed until proper evidence of insurance isprovided. Any amounts paid by Cityshall,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.
H.
I. Consultant’s Insurance. 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.
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