HomeMy WebLinkAbout09 - Amendment to PSA for the West Coast Highway Intersection Improvements and Pedestrian Bridge - (Contract No. 8020-5)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
December 9, 2025
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Andy Tran, Principal Civil Engineer - 949-644-3315,
atran@newportbeachca.gov
TITLE: Approval of Amendment No. Seven to Professional Services
Agreement with Dokken Engineering for the West Coast Highway
Intersection Improvements and Pedestrian Bridge - (Contract No.
8020-5)
ABSTRACT:
The City of Newport Beach has a Professional Services Agreement with Dokken
Engineering to develop concepts and design for a potential pedestrian/bicycle bridge over
West Coast Highway at Superior Avenue. The term of the agreement is set to expire on
December 31, 2025. Staff requests City Council approval of Amendment No. Seven to
extend the term of the agreement to December 31, 2027.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Amendment No. Seven to Professional Services Agreement with Dokken
Engineering for Superior Avenue overcrossing and parking lot project final design and
engineering services (Contract No. 8020-5) to extend the term of the agreement to
December 31, 2027, and authorize the Mayor and City Clerk to execute the
amendment.
DISCUSSION:
In 2016, during the initial planning phase of the proposed improvements at the
intersection of West Coast Highway and Superior Avenue, the proposed project scope
included the following main components:
1. A new pedestrian bridge overcrossing Superior Avenue
2. A new larger public parking lot
3. Widening West Coast Highway to improve traffic flow through the intersection
4. A new pedestrian bridge overcrossing West Coast Highway
Approval of Amendment No. Seven to Professional Services Agreement with Dokken
Engineering for the West Coast Highway Intersection Improvements and Pedestrian
Bridge - (Contract No. 8020-5)
December 9, 2025
Page 2
Due to permitting and grant funding constraints, the proposed improvements were split
into two distinct projects. The first project, Superior Avenue Pedestrian/Bicycle Bridge and
Parking Lot (Project No. 15T09), included constructing the pedestrian bridge overcrossing
Superior Avenue and the new larger Sunset View Park public parking lot in addition to
several other ancillary improvements. The construction of this project was substantially
completed on September 27, 2024. Staff is currently developing the preliminary design
for the second project, which is West Coast Highway Intersection Improvements and
Pedestrian Bridge project (Project No. 21 R16). The second project will include widening
West Coast Highway at this intersection and a second pedestrian bridge overcrossing
West Coast Highway.
The City entered into a Professional Services Agreement with Dokken Engineering on
November 19, 2019, to prepare the construction documents for Project No. 15T09. Upon
securing Orange County Measure M2 grant funding for Project No. 21 R16, the City
approved Amendment No. One on August 25, 2020, to complete the environmental and
design services for the second project. Subsequently, the City approved amendments
two through six to complete various design and construction support tasks for Project
15T09.
The term of this Professional Services Agreement with Dokken Engineering is set to
expire on December 31, 2025. To avoid forfeiting the Orange County Measure M2 grant
funding, staff recommends approving Amendment No. Seven to further extend the term
of the agreement to December 31, 2027.
FISCAL IMPACT:
This proposed amendment is an extension of time only, no additional funding is being
added to the contract.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B —Amendment No. 7
ATTACHMENT A
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PACIFIC OCEAN
SUNSET RIDGE PARK
SUPERIOR AVENUE
SUNSET VIEW P
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PROPOSED WEST COAST HIGHWAY PEDESTRIAN BRIDGE
PROPOSED WEST COAST HIGHWAY WIDENING
SUPERIOR AVENUE PEDESTRIAN BRIDGE (COMPLETED SEPTEMBER 2024)
HOAG HOSPITAL
LOWER CAMPUS
WEST COAST HIGHWAY INTERSECTION CITY OF NEWPORT BEACH
IMPROVEMENTS AND PEDESTRIAN BRIDGE PUBLIC WORKS DEPARTMENT
LOCATION MAP
C-8020 21 R16 12/9/2025
Attachment B
AMENDMENT NO. SEVEN TO
PROFESSIONAL SERVICES AGREEMENT
WITH DOKKEN ENGINEERING FOR
SUPERIOR AVENUE OVERCROSSING AND PARKING LOT PROJECT FINAL
DESIGN AND ENGINEERING SERVICES
THIS AMENDMENT NO. SEVEN TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Seven") is made and entered into as of this 9th day of December, 2025
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and DOKKEN ENGINEERING, a California
corporation ("Consultant"), whose address is 110 Blue Ravine Road, Suite 200, Folsom,
CA 95630, and is made with reference to the following:
RECITALS
A. On November 19, 2019, City and Consultant entered into a Professional Services
Agreement (Contract No. C-8020-5) ("Agreement") to provide final design and
engineering services for the Superior Avenue Overcrossing and Parking Lot
("Project").
B. On January 14, 2020, the City adopted Resolution 2020-04 authorizing and
approving the submittal of a funding application ("Application") for an intersection
capacity enhancement project to the Orange County Transportation Authority
("OCTA") for funding under the Comprehensive Transportation Funding Program.
C. On May 11, 2020, OCTA approved the City's Application, in which the City received
funds to conduct environmental review and design services for the West Coast
Highway Widening and Pedestrian Bridge Project.
D. On August 25, 2020, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional Services to include the
West Coast Highway Widening and Pedestrian Bridge Project (hereinafter
collectively referred to as the "Project") not included in the Agreement, and to
increase the total compensation.
E. On March 22, 2022, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to reflect additional Services related to the
Superior Avenue portion of the Project not included in the Agreement, as
amended, and to increase the total compensation.
F. On November 29, 2022, City and Consultant entered into Amendment No. Three
to the Agreement ("Amendment No. Three") to reflect additional Services related
to project updates not included in the Agreement, as amended, to increase the
total compensation, update Consultant's Project Manager, amend the Ownership
of Documents section, and amend the insurance requirements.
G. On December 21, 2023, City and Consultant entered into Amendment No. Four to
the Agreement ("Amendment No. Four") to reflect additional Services not included
in the Agreement, as amended, to extend the term of the Agreement to November
19, 2024, to increase the total compensation, and to update Consultant's Project
Manager.
H. On July 23, 2024, City and Consultant entered into Amendment No. Five to the
Agreement ("Amendment No. Five") to reflect additional Services not included in
the Agreement, as amended, to extend the term of the Agreement to December
31, 2025, and to increase the total compensation.
On March 17, 2025, City and Consultant entered into Amendment No. Six to the
Agreement ("Amendment No. Six") to reflect additional Services not included in the
Agreement, as amended, and to amend the compensation.
J. The parties desire to enter into this Amendment No. Seven to extend the term of
the Agreement to December 31, 2027, update the Notices Section, and update the
insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
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, 2027, unless terminated earlier as set forth herein."
2. INSURANCE
As of this Effective Date of this Amendment No. Seven, Exhibit C 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 shall
hereafter refer to Exhibit C attached hereto.
3. NOTICES
Section 26.3 of the Agreement is amended in its entirety and replaced with the
following:
"26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: John Klemunes
Dokken Engineering
110 Blue Ravine Road, Suite 200
Folsom, CA 95630"
Dokken Engineering Page 2
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]
Dokken Engineering Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Seven to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1147 / Z 5
By: -F
Aa n C. Harp
City Attorney
ATTEST:
Date:
EM
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Joe Stapleton
Mayor
CONSULTANT:
DOKKEN ENGINEERING, a California
corporation
Date:
By:
Lena Shumway John A. Klemunes Jr.
City Clerk President
[END OF SIGNATURES]
Attachments: Exhibit C — Insurance Requirements
Dokken Engineering Page 4
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) 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
Dokken Engineering Page C-1
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.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) 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,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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:
Dokken Engineering Page C-2
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
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage, subcontractors
shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
Dokken Engineering Page C-3
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Dokken Engineering Page C-4