HomeMy WebLinkAboutC-8020-5 - PSA for Superior Avenue Overcrossing and Parking Lot Project Final Design and Engineering ServicesN
AMENDMENT NO. FOUR TO
CC) PROFESSIONAL SERVICES AGREEMENT
V WITH DOKKEN ENGINEERING FOR
SUPERIOR AVENUE OVERCROSSING AND PARKING LOT PROJECT FINAL
DESIGN AND ENGINEERING SERVICES AMENDMENT
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Four") is made and entered into as of this 21 st day of December, 2023
("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,
California 95630, and is made with reference to the following:
RECITALS
A. On November 19, 2019, City and Consultant entered into a Professional Services
Agreement ("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 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.
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. The parties desire to enter into this 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 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 19, 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 Amendment No. One, Exhibit A to
Amendment No. Two, Exhibit A to Amendment No. Three, 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.
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. Two, Exhibit B to Amendment No. Three, 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 Two Million One Hundred
Two Thousand Four Hundred Ninety Nine Dollars and 00/100 ($2,102,499.00),
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
Seven Thousand Five Hundred Dollars and 00/100 ($7,500.00).
Dokken Engineering Page 2
4. PROJECT MANAGER
Section 5.1 of the Agreement is amended in its entirety and replaced with the
following:
"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 John Klemunes 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. 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. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNY'S OFFICE
Date: /Z i3/23
By: —12� Y�;__
VVy�rC. rp 12 /i3 /23
ttorney
Date:
"AAWN W6• �GLV
Leilai:•
City Clerk
CITY OF NEWPORT BEACH,
a California �
unici al corporation
Date: I f-j Iw�p �?
By:
we 0--
Leung
ity Manager
CONSULTANT: Dokken Engineering, a
California corporation
Date:
Signed in Counterpart
Bv:
Matthew Griggs
Vice President
Date:
Signed in Counterpart
By:
Cathy Chan
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Dokken Engineering Page 4
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: / 2 /312,9
By:
aro . Har IZl15%Z 3
w�-
C CAttorn
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Grace Leung
City Manager
ATTEST: CONSULTANT: Dokken Engineering, a
Date: California corporation
Date:
By: By:
Leilani I. Brown Matthew Griggs
City Clerk Vice President
Date: ,1, (4
By: -"I
Cat Chan
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Dokken Engineering Page 4
EXHIBIT A
SCOPE OF SERVICES
Dokken Engineering Page A-1
O4,tiwPo,Q� SUPERIOR AVENUE PEDESTRIAN/BICYCLE BRIDGE
t AND PARKING LOT
CLIFOAAI* '
EXHIBIT A
SCOPE OF WORK
On November 25, 2022, the City of Newport Beach (City) awarded the Superior Avenue Pedestrian/Bicycle Bridge
and Parking Lot Project to the lowest bidder Reyes Construction Inc. Dokken Engineering was responsible for
preparing the project's Re -Bidding PS&E package. The project started construction on 2023 with Dokken
Engineering ("Dokken") providing design support during constructions as stated on the original scope and fee for
this project. The City requested Dokken to adjust the segmental wall layout line, profiles and typical sections design
to allow the contractor to use the Verdura Walls as the segmental wall retention system of their preference for this
project. The purpose of this scope and fee amendment (Amendment No. 4) is to cover the costs associated to
redesign the proposed segmental wall plans and all the related quantities to fit the construction of the Verdura
Walls.
TASK 18 SEGMENTAL WALL DESIGN REVISION
Task 18 Segmental Wall Design Revision
Dokken will revise the civil plans, and quantities to reflect the use of the Verdura Wall retention system as it was
selected for the contractor to be used for this project. Dokken Engineering will also provide updated quantities as
part of this task. Additionally, Dokken will prepare design cross-section along the Verdura Walls to back-up the
updated structural excavation and backfill quantities.
Project civil plan sheets that will require revisions:
• Civil Plans: XS-1, SP-1, SP-2, SP-3, GR-1, GR-2, GR-3, EC-2, EC-3, SD-1, SD-2, UT-1, UT-2, UT-3.
• Retaining Wall plans: RW-1, RW-2, RW-3, RW-4, RW-5, RW-9.
• Bridge Plans: S-1, S-3, S-4, S-6, S-16, S-17.
Deliverables: 700% Updated Plans, Retaining Wall Cross -sections, Updated Quantities.
Dokken will complete the scope of work as described in Exhibit A for a not -to -exceed fee of $7,500.
1�Page
F*IAW
WMMIM
■
SCHEDULE OF BILLING RATES
Dokken Engineering Page B-1
Exhibit B
Schedule of Billing Rates
Dokken will complete the scope of work as described in Exhibit A for a not -to -exceed fee of $7,500.00.
V '
t
Q
N AMENDMENT NO. THREE TO
a PROFESSIONAL SERVICES AGREEMENT
WITH DOKKEN ENGINEERING FOR
V FINAL DESIGN AND ENGINEERING SERVICES FOR THE SUPERIOR AVENUE
OVERCROSSING AND PARKING LOT PROJECT AND WEST COAST HIGHWAY
WIDENING AND PEDESTRIAN BRIDGE PROJECT
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this 29th day of November,
2022 ("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 on file with the Secretary of State is 110 Blue
Ravine Road, Suite 200, Folsom, CA 92630, with a local address of 1450 Frazee Road,
Suite 100, San Diego, California 92108, and is made with reference to the following:
RECITALS
A. On November 19, 2019, City and Consultant entered into a Professional Services
Agreement ("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 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.
F. The parties desire to enter into this 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.
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, Exhibit A to Amendment No. One, Exhibit A to
Amendment No. Two, and Exhibit A to this 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.
2. 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,
and Exhibit B to this 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 Two Million Ninety Four
Thousand Nine Hundred Ninety Nine Dollars and 00/100 ($2,094,999.00), 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
Seventy Nine Thousand Nine Hundred Ninety Three Dollars and 00/100
($79,993.00).
3. PROJECT MANAGER
Section 5.1 of the Agreement is amended in its entirety and replaced with the
following:
"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 Richard Liptak 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."
Dokken Engineering Page 2
4. OWNERSHIP OF DOCUMENTS
Section 17 of the Agreement is amended in its entirety and replaced with the
following:
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 "Documents"), 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 Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, 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 Documents for other projects
and any use of incomplete Documents 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.
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; or (b) 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 Awg file format,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital `As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project."
Dokken Engineering Page 3
5. INSURANCE
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.
6. 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 4
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: 12Z/Z2—'7
IQ,B
aro C.Karp' p1�y
Ci Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: I Z -I R- aa-
By: v�
Grace eung
City nager
ATTEST: CONSULTANT:
Date: 1O?•o California corp 1
Date: /
By- n By:
Leilani I. Brown
City Clerk
Date:
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Dokken Engineering, a
John A. Klemt'nes. Jr.
Dokken Engineering Page 5
EXHIBIT
SCOPE OF SERVICES
Dokken Engineering Page A-1
EXHIBIT A
SCOPE OF SERVICES
The purpose of this scope and fee amendment (Amendment No. 3) is to cover the costs associated with the
project updates that will need to be completed to update the project's scope to reduce the overall construction
cost for the re -advertisement of the project.
TASK 17 PROJECT SCOPE MODIFICATIONS AND RE -ADVERTISE
Task 17.1 Value Engineering Items
Per discussions with the City, Consultant evaluated several value engineering options to reduce the overall project
cost. The evaluation included:
• Removal of cast in place walls 5, 6, and part of CIP wall 7.
• Shifting proposed MSE wall closer to West Coast Highway (WCH).
• Storm drain improvements that will allow the installation of a shallower storm drain system.
• Replacing vehicular turn around colored concrete with asphalt pavement.
• Removing the proposed planting and irrigation from the MSE walls.
• Revising the type of staircase from WCH to the Parking Plaza
Consultant also analyzed other items that will provide additional savings such as reducing the maximum wall
height of the MSE wall facing WCH and adding a 3:1 slope in front and behind the wall, removing the lighted
bollards around the vehicular turn around, changing the cable railing material from stainless steel to galvanized
steel in specific locations.
Consultant also developed an updated project cost estimate to reflect the value engineering savings with updated
item unit costs per recent Caltrans cost data and the project bids data that were received from the 6
bidders/contractors.
Task Deliverable(s): Value Engineering Exhibits, Value Engineering/Cost Reduction Memorandum, Updated Cost
Estimate.
TASK 17.2 100% Update Civil Plans, Specifications and Estimate
Consultant shall revise the civil plans, specifications and estimate per the approved value engineering items. Upon
receipt of comments from the City on the 100% submittal package, Consultant shall schedule a review session
with the City to discuss review comments and resolve any outstanding comments.
Project civil plan sheets that will require revisions:
• Civil Plans: T1, XS1, XS2, SP2, SP3, GR1-3, EC1-3, SD1, SD2, SDPF1, SDD1, SDD2, UT2, UT3, RW1-
12
• Landscape and Irrigation Plans: L1, L2, L3, L4, L5, L7, L8, L9, L11, L13, L14, L15 & L16
TASK 17.3 100% Update Bridge Plans, Specifications and Estimate
Consultant shall revise the bridge plans, specifications and estimate per the approved value engineering items
and reducing the bridge railing height to 48inches. Upon receipt of comments on the 100% submittal package,
Consultant shall schedule a review session with the City to discuss review comments and resolve any outstanding
comments. Consultant shall also prepare an updated project rendering as requested per the City of Newport
Beach.
Project bridge plan sheets that will require revisions:
• Structure Plans: S1-4, S16-S18.
Deliverables: 100% Civil and Bridge Plans (PDF, Five half-size, Two full-size and one set of signed Mylars),
Specifications (PDF, Word, and five bound hard copies) Estimate (PDF, Excel and five hard copies); Updated
Project Rendering.
Task 17.4 Advertising/Bidding Support
Consultant shall include all tasks necessary during the advertising/bidding phase of the project, including, but not
limited to:
a) Copies of Drawings and Contracts Documents — The City will have copies of the design drawings and
Contract Specifications reproduced for advertising purposes.
b) Pre -bid Meeting — Consultant shall attend the pre -bid meeting.
c) Questions and Addenda During Advertising —Consultant shall answer questions regarding the Technical
Provisions, the design drawings, or conflicts in the design during the bidding process and pre -construction
meeting. Dokken shall assist the City, at no charge, in preparation of Addenda regarding omissions or
conflicts in the design.
Deliverable(s) Copies of Drawings and Contract Documents; Pre -bid Meeting, Clarification of Documents and
Preparation of Addenda
EXHIBIT B
SCHEDULE OF BILLING RATES
Dokken Engineering Page B-1
EXHIBIT B
BILLING RATES
Total Not -to -Exceed for Amendment No. Three: $79,993.00.
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, 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 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
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
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,
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
Dokken Engineering Page C-3
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
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
6
071
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O
N
O AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH DOKKEN ENGINEERING FOR
v FINAL DESIGN AND ENGINEERING SERVICES FOR THE SUPERIOR AVENUE
OVERCROSSING AND PARKING LOT PROJECT AND WEST COAST HIGHWAY
WIDENING AND PEDESTRIAN BRIDGE PROJECT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 22nd day of March, 2022
("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 1450 Frazee Road, Suite 100,
San Diego, California 92108, and is made with reference to the following:
RECITALS
A. On November 19, 2019, City and Consultant entered into a Professional Services
Agreement ("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. The parties desire to enter into this 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.
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, Exhibit A to Amendment No. One, and Exhibit A
to this 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.
2. 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, and Exhibit B to this
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 Two Million
Fifteen Thousand Six Dollars and 00/100 ($2,015,006.00), 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
One Hundred Twenty Five Thousand One Hundred Sixteen Dollars and 00/100
($125,116.00).
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]
Dokken Engineering 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 ATTORNEY'S OFFICE
Date:
By:
ron C. rp 04t-UZlu kltl,
lity Attorne
ATTEST:
Date:
: Ma. �11t
BrownLeilani 1.
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 4/2 /T2
n mcioon
or
CONSULTANT: Dokken Engineering, a
California corporation
Date.-
Signed
ate:
Signed in Counterpart
By:
Richard Liptak
Chief Executive Officer
Date.-
Signed
ate:
Signed in Counterpart
By:
Cathy Chan
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Dokken Engineering 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 ATTORNEI�'S OFFICE
Date. 3�`% ZZ
CITY OF NEWPORT BEACH,
a California municipal corporation
Date.-
By:
ate:
By: By:
ron G. rpm►°"�iL Kevin Muldoon
ity Attorney Mayor
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CONSULTANT: Dokken Engineering, a
California corporation
Date: AF&4c4 ?, Zoz z
By; �.
To AWA mvws JK
C /0/'esr 6 t
Date: V/ 12,0�-'Z'
ByL1
atCha�
Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Dokken Engineering Page 3
EXHIBIT
SCOPE OF SERVICES
Dokken Engineering Page A-1
SUPERIOR AVENUE PEDESTRIAN/BICYCLE BRIDGE
AND PARKING LOT
l;3I I , 0 2tp.
EXHIBIT A
SCOPE OF WORK
The purpose of this scope and fee amendment (Amendment No. 2) is to cover the costs associated with the
unanticipated tasks that were completed for the permitting and design of the Superior Avenue Pedestrian/Bicycle
Bridge and Parking Lot Project located in the City of Newport Beach. This amendment also includes additional
funding for the construction support task.
TASK 12 ADDITIONAL CALTRANS TASKS
Task 12.1 Scenic Easement Exhibits and Plat and Legal
The proposed pedestrian bridge will cross over Superior Avenue to connect the proposed parking lot with Sunset
Ridge Park. The Sunset Ridge Park property is own by the City of Newport Beach (City); however, Caltrans has an
existing structures and scenic view easement over the property. Caltrans determined that to allow a bridge
structure within the existing easement deed, the restrictions would need to be removed around the footprint of
the proposed bridge structure. Dokken Engineering (Dokken), on behalf of the City, coordinated directly with
Caltrans for the deed restrictions removal process. Dokken prepared the Scenic Easement Exhibit and submitted
to the city. Upon approval of the easement limits by Caltrans, Dokken directed Guida Surveying, Inc. (Guida) to
prepare the Scenic Easement Plat and Legal. The plat and legal was included with the Appraisal Report (prepared
by Netzer and Associates) that was required by Caltrans to approve the deed restrictions removal. Per Caltrans
request, Guida also prepared the plat and legal closure check report. Additionally, Dokken also prepared the
Caltrans Right of Way Map Exhibit. Per Caltrans request, Dokken provided the PAC -3 reports to verify that the plat
and legal documents were both ADA compliant.
Task Deliverable(s): Scenic Easement Exhibit, Scenic Easement Plat and Legal. Plat and Legal Closure Check Report,
Caltrans Right of Way Map Exhibit, PAC -3 Reports
Task 12.2 Update Project Plans per Caltrans WCH Construction Project
Dokken received additional comments from Caltrans related to the encroachment permit approval process, due
to a concurrent Caltrans construction project at the intersection of Superior Avenue and along WCH. Dokken also
updated the traffic signal plan sheets per a traffic signal project recently completed by Caltrans.
Task Deliverable(s): Updated Project Plans
TASK 13 ADDITIONAL COASTAL COMMISSION TASKS
Task 13.1 Update Project Plans, Exhibits and Coordination.
Per meetings with the city, an amendment to the Sunset Ridge Park Coastal Development Permit (CDP) will be
required for the proposed pedestrian bridge abutment. Dokken supported the city with exhibits through this
process. Dokken updated pertinent project plan sheets per Coastal Commission comments. These comments were
related to the planting mitigation site locations, existing wetland locations, permanent and temporary impacts to
plantings areas, stage construction areas and pedestrian routes during construction. Dokken also assisted the City
with preparation of exhibits needed for the CDP approval process. Dokken prepared an Access Detour Plan Exhibit,
Construction Staging Plan Exhibit, Wetland Exhibits, and two Bridge Impact Exhibits. Dokken also updated these
exhibits as needed per the Coastal Commission Comments.
Task Deliverable(s): Coastal Commission Permit Exhibits and Updated Project Plans
1 x� 1�Page
SUPERIOR AVENUE PEDESTRIAN/BICYCLE BRIDGE
AND PARKING LOT
'LtFOI t>>k
TASK 14 - GEOTECHNICAL ENGINEERING
Task 14.1 Prepare Settlement Mitigation Memorandum.
Up to 18 feet of embankment fill will be placed to construct the proposed Superior Avenue parking lot. The width
of the embankment varies between 40 and 165 feet. Additionally, the east side of the parking lot area will require
up to 24 feet of cut. Per Earth Mechanic Inc. (EMI) Geotechnical Report that was prepared for this project, the
maximum calculated settlement due to the embankment will be approximately 4.5 inches. The settlement
magnitude was unexpected, and Dokken prepared a memorandum to the city to summarize the settlement
mitigation options EMI and Dokken evaluated to minimize the overall settlement for this project. The
memorandum was intended to aid the city during the decision-making process of how to implement these
mitigation options for this project.
Task Deliverable(s): Settlement Mitigation Memorandum
Task 14.2 Geotechnical Peer Review
Dokken Engineering in concurrence with the City of Newport Beach directed Geocon West Inc (Geocon) to
complete a peer review of the Geotechnical Report prepared for this project by EMI. The scope of the peer review
was limited to the magnitude and duration of the anticipated settlement associated with the placement of
additional soil to achieve the proposed finish grades for the project. As part of the peer review EMI performed
supplemental borings, supplemental site investigations, laboratory testing, and engineering analysis. The peer
review through Geocon concurred with the 4.5 inches of settlement that was reported by EMI.
Task Deliverable(s): Geotechnical Peer Review Letter
TASK 15 ELECTRICAL VEHICLE CHARGING STATIONS
The Superior Avenue Project is proposing a new parking lot at the current location of the existing Superior Avenue
parking lot. The proposed parking lot will provide a total of 121 standard stalls and 8 handicap stalls. After the
90% design was submitted, the city informed Dokken Engineering an independent contractor (EVGO) was hired
to design and install the electrical vehicles charging stations and equipment. Unanticipated modifications to
parking lot stalls layout, pedestrian curb ramps, sidewalks, planting, irrigation, and electrical plans were required
to accommodate the proposed electric vehicle charging stations and equipment. Additionally, the signing and
striping plans were also modified to provide the location and details of all the proposed signs related to the
electrical vehicles charging and pay stations.
Task Deliverable(s): Updated plans per EVGO requirements to accommodate electrical vehicles charging stations
equipment
TASK 16 CONSTRUCTION SUPPORT
Since the magnitude of the construction support effort was not fully known during the preparation of the original
scope and fee for this project, Dokken added a minimum fee for the construction support task as a place holder.
Once the project had been fully designed, Dokken had a better understating of the project construction support
effort. Due to the different project features such as the cast in place and segmental retaining walls, concrete arch
supported pedestrian bridge, and deep underground storm drain facilities; Dokken Engineering is requesting an
additional funds to provide adequate design support during construction.
F''"" SUPEPIOP AVENUE PEDESTRIAN/BICYCLE BRIDGE
U (i,
:
AND PARKING LOT
J.y� F
Dokken shall provide the following services during the construction phase of the project:
a) Meetings — Dokken shall attend the pre -construction meeting and construction progress meetings onsite
during construction (five total).
b) Questions during Construction and Requests for Information (RFIs) — Dokken shall answer questions
regarding the Technical Provisions, the design drawings or conflicts in the design during construction and
assist the City in issuing Change Orders (COs) regarding omissions or conflicts in the design, at no charge
to the City. Dokken shall provide responses to RFIs, as requested by the City.
c) Contractor Submittals — Dokken shall review Contractor submittals, including shop drawings, as requested
by the City.
d) Plan Revisions — Dokken shall prepare plan revisions requested by the City, to accompany change orders,
etc.
e) EMI will review and approve the testing results for the bridge CIDH piles. (Included as a direct cost)
0 Review and incorporate comments from Construction Management proposals.
g) Record Drawings — Dokken shall incorporate all redline comments prepared by the Contractor and Project
Inspector on the signed design Plans. The Record Drawings shall be provided to the City and approved
prior to the release of the final progress payment. Dokken shall also provide electronic Record Drawings
in AutoCAD format and Specifications in Microsoft Word to the City.
Task Deliverable(s): Meetings; Clarification of Documents and Responding to RFI, Review Contractor Submittals, Plan
Revisions, Record Drawings
EXHIBIT B
SCHEDULE OF BILLING RATES
Dokken Engineering Page B-1
rff '`s SUPERIOR AVENUE PEDESTRIAN/BICYCLE BRIDGE
AND PARKING LOT
EXHIBIT B
PROPOSED FEE
Dokken will complete the scope of work as described in Exhibit A for a not -to -exceed fee of $125,116.
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH DOKKEN ENGINEERING FOR
FINAL DESIGN AND ENGINEERING SERVICES FOR THE SUPERIOR AVENUE
OVERCROSSING AND PARKING LOT PROJECT AND WEST COAST HIGHWAY
WIDENING AND PEDESTRIAN BRIDGE PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 25th day of August, 2020
("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 1450 Frazee Road, Suite 100, San Diego,
and is made with reference to the following:
RECITALS
A. On November 19, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant 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 will
receive funds to conduct environmental review and design services for the West
Coast Highway Widening and Pedestrian Bridge Project.
D. The parties desire to enter into this 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.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows.-
1.
ollows:1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A-1 and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A-1 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
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B-1 and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B-1 to Amendment No. One
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 Eight Hundred
Eighty Nine Thousand Eight Hundred Ninety Dollars and 00/100 ($1,889,890.00),
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 Nine
Hundred Seventy Dollars and 00/100 ($970,000.00).
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]
Dokken Engineering 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: S/1-SIZOz0
By: a-'� k' ':P,
Aaron C. Harp
City Attorney
ATTEST:
Date: i
By:1. �. /City qk
��..f� /ILII
CITY OF NEWPORT BEACH,
a California municipal corporation
Date-.ZS/tor- Cy
By:
Will O' eill
Mayor
CONSULTANT: Dokken Engineering, a
California corporation
Date:
Signed in Counterpart
By:
Richard T. Liptak
Chief Executive Officer
Date:
By: Signed in Counterpart
Bradley B. Dokken
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A-1 — Scope of Services
Exhibit B-1 — Schedule of Billing Rates
Dokken Engineering 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 ATTORNEY'S OFFICE
Date: (3 1202,0
By: O�y,, a�,� 4�-,
Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: Dokken Engineering, a
California orpo ation
Date.- �20
By:
Date:
[END OF SIGNATURES]
Attachments: Exhibit A-1 — Scope of Services
Exhibit B-1 — Schedule of Billing Rates
Dokken Engineering Page 3
EXHIBIT A-1
SCOPE OF SERVICES
Dokken Engineering Page A-1
EW Pp
04 WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE
. C'9CIFOR�P.,.
EXHIBIT A-1
SCOPE OF
N119-1.0-01
TASK PH2-1 - PROJECT MANAGEMENT & CALTRANS COORDINATION
Task Ph2-1.1 Project Kickoff and Project Team Meetings
Dokken Engineering, referred to as "Dokken" throughout this Scope of Work, will coordinate meetings with the City, the
City's consultants (Chambers Group) and key stakeholders to facilitate decision making. For each meeting, Dokken will
provide meeting notices, prepare meeting materials and agenda, facilitate the meeting and prepare meeting minutes.
Dokken will consult with the City's project manager prior to each meeting to review upcoming meeting items. The
following meetings are anticipated for this project:
Kickoff Meeting (1): At the start of the project, Dokken will organize a kickoff meeting with all key personnel, design
team members and stakeholder representatives on the project. The purpose of this meeting is to review the goals
and objectives of the project, discuss each team member's roles and responsibilities and identify critical project
issues.
PDTMeetings (11): The project development team (PDT) meeting, will be scheduled monthly to review project status
and discuss items that require City decisions. Attendees are anticipated to include City staff, Dokken Project Manager,
as well as consultant task leads and other stakeholders as necessary to facilitate resolutions.
City Council Meetings (2): Dokken will attend and present the proposed improvements at City Council meetings.
Task Ph2-1.2 Project Schedules and Administration
Dokken will monitor and control the effort and progress of the proposed services as follows: 1) Set up an internal project
accounting system; 2) Prepare monthly Progress Reports indicating work accomplished the previous month, anticipated
work to be completed the next month, issues requiring resolution, milestones achieved, meetings held, actions taken,
approval actions required, coordination issues and design schedule impacts to accompany City invoices; and 3) Prepare,
monitor and adjust Critical Path Method (CPM) Schedule on a monthly basis.
Task Ph2-1.3 Data Collection, Site Visits, and General Coordination
Dokken will obtain and review all available documents to identify design controls and considerations necessary to support
the project. These documents include, but are not limited to, aerial and street view exhibits, concept plan and renderings
developed, traffic and pedestrian counts, parking lot, roadway and utility As -Built data and other available data.
Task Ph2-1.4 Caltrans Local Assistance Coordination and Form Preparation
Dokken, on behalf of the City, will coordinate directly with Caltrans to prepare the construction Request for Authorization
(RFA) and secure the Federal Form E-76. Dokken will also prepare all required forms to include the utility and right of way
certification, PS&E checklist, and support the City's environmental consultant for the preparation of the EIR/EIS and the
revalidation that will be required to request the construction RFA. Throughout the design process, Dokken will coordinate
with Caltrans to address any review comments and gain Caltrans and City approval.
Task Ph2-1.5 Public Meetings
Dokken and DMD Architects will participate in the public and stakeholder process, providing input and feedback on the
bridge design and the bridge aesthetics including; architectural/aesthetic concepts and criteria, architectural details,
color, textures, lighting and renderings to present the proposed bridge design elements at up to two (2) Public Outreach
meetings. Dokken and DMD Architects will also attend up to two (2) Parks, Beaches and Recreation (PB&R) Meetings and
prepare all necessary exhibits and PowerPoint slides for the presentation.
E*
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Y�F'WPp+Qj,
p4
WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE
Deliverable(s): Up to twelve (12) Meeting Notices, Agendas, Meeting Minutes, and Presentation Materials; City Council
Presentation Materials including Project Exhibits, Monthly Progress Reports and Monthly Project Schedule Updates, Team
Coordination, Existing Documentation Memorandum, Site Visit Summary, Project Design Criteria Memorandum, Caltrans
RFAs, Utility and Right of Way Certification, PS&E Checklist, Public Outreach Meetings (2), City Council Meetings (2), PB&R
Meetings (2)
TASK PH2-2 —15% CONCEPT DESIGN (ENVIRONMENTAL PHASE)
Task Ph2-2.1 Conceptual Civil Design
Dokken will develop the conceptual civil design. The preliminary West Coast Highway (WCH) concept will include adding
the path from the WCH sidewalk near Hoag Hospital up to the Superior Ave Parking Lot, removal of the existing
switchback walkway (5% max) at Sunset Ridge Park and will be replaced with a ramp (8.3 max) from the new Superior
Overcrossing to WCH. The concept will also include revised lane configurations along WCH, removal of the sidewalk near
the intersections of WCH and Superior, provide a free right turn from Superior to WCH and replace the existing Asphalt
Concrete ("AC") sidewalk with a new concrete sidewalk. The existing bus stop will also be relocated. These improvements
will include up to two (2) variations.
Task Ph2-2.2 Conceptual Bridge and ADA Ramp Design
DMD Architects (DMD) will assist the team to comply with the historic and visual character requirements of the Superior
Ave and West Coast Highway pedestrian bridges under California Environmental Quality Act (CEQA) and National
Environmental Policy Act (NEPA). DMD Architects will consult with the Environmental
team to review architectural impacts to the bridges design variations and will review the technical studies for compliance
with the cultural resources impacts. Renderings and other illustrations and graphics will be provided by Chambers Group
to support their environmental document.
Dokken and DMD Architects will review the renderings prepared by Chambers Group of the final approved concepts and
prepare an Advance Planning Study (APS) for each bridge. The structure type concept alternatives will be evaluated
based on the stakeholder perception of visual impacts, relative comparison of operational performance, construction
and environmental impacts, maintenance requirements, and construction cost. As part of the review, DMD Architects
will assess the visual context of the design that integrates the aesthetic and environmental values with bridge and
architectural elements. The APS will include the proposed structural and foundation type, the length, spans, cross section,
staging and profile of the bridge and up to three ramp configurations.
Develop Architectural Features
Dokken and DMD will advance architectural bridge design concepts for an integrated approach to the two bridge
designs. The conceptual design will include up to two study models for each bridge concept. Access and connecting to
and from the street networks safely and directly will be evaluated. The alternative will address key factors such as safety,
connectivity, pedestrian and cyclist accommodations, view shed and sightlines, and related preliminary design elements.
Architectural features for the ramp structure, bridge columns, vehicle barriers, walls and abutment structures to tie the
project together in consideration with the City's existing architectural themes and will be considered.
Task Ph2-2.3 Conceptual Landscape Design
ADL Planning Associates (ADL) shall prepare conceptual landscape documents of the proposed and impacted landscape
areas. These documents shall include a composite Landscape Concept Plan. The new overall Landscape Concept Plan shall
be a colored site layout of both Phase 1 and 2 improvements with descriptions of the suggested landscape treatments
and a plant palette listing recommended plant varieties that complement both the existing plants within Sunset Ridge
park and adjacent landscapes. These graphic images shall serve to exhibit the proposed improvements.
WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE
cgIIFORR��"'
Task Ph2-2.4 Conceptual Cost Estimates
During the development of the civil, bridges and landscape concepts, Dokken will prepare construction cost estimates of
these alternatives so that the City will have a better understanding of the costs and what improvements will fit within
their programmed budget.
Task Ph2-2.5 Preliminary Geotechnical Recommendations
Earth Mechanics, Inc. (EMI) will provide preliminary geotechnical engineering recommendations for the following design
elements:
(1) A new single -span bridge over West Coast Highway (WCH);
(2) Approximately 150 -foot long times two ADA ramp (rail on CIDH piles or retaining wall on spread footings);
(3) Approximately 650 feet of slope modification (or earthwork) on east of Superior Avenue;
(4) Approximately 2,900 feet of sidewalk/pavement widening along WCH (eastbound and westbound); and
Details of our proposed geotechnical services for the project are presented below.
Preliminary Materials Report
EMI will prepare a Preliminary Materials Report (PMR) to provide pavement structural sections and alternatives, and
corrosion potential of on-site soils and culvert materials requirements. The evaluation will be based on a review of
available existing subsurface data and will not include field investigations, borings or laboratory testing. EMI will follow
Caltrans pavement design procedure using traffic indices and pavement design lives provided by the Civil Designers.
Information on existing pavement sections will be based on the Typical Section Sheets provided by the Civil Designers.
Recommendations for rehabilitation of existing pavements will not be included in this report. The calculated pavement
sections will be used by the Civil Designers to perform a pavement Life Cycle Cost Analysis (LCCA).
Task Ph2-2.6 Identify Existing Utilities
Dokken will prepare a project limits map immediately after the Notice to Proceed and request utility information from
the utility owners within the project area. Dokken will prepare draft request for mapping letters to affected utility owners
on City letterhead for City review and approval prior to transmitting project base maps to utility owners. Two sets of
project base maps will be provided to each utility owner as an attachment to the transmittal request for the mapping
letter. A copy of the utility data obtained from utility owners will be provided to the City and the original will be filed in
the project files. Information on existing utilities obtained because of the request for mapping submittal will be
transferred to base maps in both plan and profile view. Dokken will prepare a utility base map to integrate the
information supplied by the utility owners. Information on existing utilities obtained because of this effort will be used to
identify utility conflicts.
Deliverable(s): Civil Design (2), Bridge APS Drawings (2), Landscape Concept (1), Conceptual Cost Estimates, One
Preliminary Materials Report, Request for Mapping letters, Existing Utility Plans, Utility Base map
TASK PH2-3 - DESIGN SURVEYING & BASE MAPPING
Task Ph2-3.1— Supplemental Topographic Surveying
Guida Surveying, Inc. (Guida) will support Dokken by supplementing the existing aerial photogrammetric mapping in
those areas needed for the Phase 2 design and those areas that are outside the existing aerial topographic mapping
provided by the City. Once the aerial topographic mapping is delivered and reviewed by Dokken, a survey request will
be made to identify the areas where supplement topographic data is needed. Supplemental survey will include locating
any above ground evidence of underground utilities.
Guida will also identify existing right of way lines between the City and Caltrans right of way, roadway centerlines, lot
lines, and survey monuments from available record data, and prepare a base map from available record data that will
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include right of way lines and centerline of both Pacific Coast Highway and Superior Avenue.
Task Ph2-3.2 Plat and Legal Descriptions
Guida will also prepare four legal descriptions and plats for permanent right of way takes. These legal descriptions and
plats will be developed from the land net base mapping and signed and sealed by a California Professional Land Surveyor.
Task Ph2-3.3 Caltrans Appraisal Mapping
Guida will prepare an appraisal map in accordance with Caltrans District 12 Right of Way Engineering standards. This
mapping will be prepared for those parcels owned by the State of California or being acquired for state highway
purposes.
Task Ph2-3.4 Combine Parking Lot Parcels into One Parcel
As shown in the exhibit below, there are 6 assessor parcels within the proposed park and parking lot area.
Assessor Parcel No.
Owner Name
424-041-009
City
of Newport Beach
424-041-011
City
of Newport Beach
424-041-012
City
of Newport Beach
424-041-013
City
of Newport Beach
424-042-002
City
of Newport Beach
424-042-003
City
of Newport Beach
The City can merge the six parcels into one. To support this process, Guida will prepare a legal description and
plat and/or exhibit maps. Legal descriptions and plats will be prepared to support a parcel merger of the 6 parcels
shown in the table above.
Deliverable(s): Aerial mapping and supplemental topo in AutoCAD; ASCII text file of the field survey point file information;
The AutoCAD files to include, DTM, topography, field survey shots including ground shots and utility appurtenances and
descriptors for each point in a text file format, Appraisal Map in AutoCAD and PDF, Legal Descriptions and Plats in hard
copy and PDF, Exhibit Map in hard copy and PDF.
TASK PH2-4 - UTILITY COORDINATION
Dokken will update the utility base map that was prepared in the prior task and will coordinate with the utility owners to
confirm locations of existing utilities shown. A total of three potholes is proposed based on the utility mapping, any
potential utilities relocation needed will be identified. Dokken will coordinate with each utility company and provide
each utility company a copy of our 50%, 90%, and 100% plans. During the development of our plans, we will coordinate
any future utilities that will be within our project limits and coordinate these improvements into our project. Dokken will
maintain on-going record keeping, meeting minutes, correspondence, schedules and status updates between the
project team, the City, and each utility company. As part of this task, Dokken will prepare the Notice to Owners, utility
agreements for any utility which may require adjustment or relocation.
Deliverable(s): Final Design of Relocations from Each Utility Company; Three (3) Utility Potholes
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TASK PH2-S — GEOTECHNICAL ENGINEERING FOR PS&E
Preliminary Foundation Report
EMI will prepare a Preliminary Foundation Report (PFR) for the proposed bridge over WCH to provide preliminary
geotechnical information to assist structural designers in the type selection process for the bridge. This PFR will be
prepared using the available subsurface data and the format will be in accordance with the current Caltrans Guidelines.
Following the AP zone map published by the California Geological Survey and Caltrans guidelines, a fault rupture
investigation will not be required.
Geotechnical Investigation
EMI's geotechnical field investigations plan for Phase 2 is presented in Table 2. Data obtained from the borings will be
used for multiple design elements. Existing slopes facing WCH located east and west of Superior Avenue are assumed to
be stable against deep-seated failures. If additional data collected in the PS&E contradicts this assumption, then
additional soil investigation including large -diameter bucket auger borings will need to be added to Table 2.
Table 1. Proposed Soil Boring Information for Phase 2
Design Element
Proposed Number of
Approximate Proposed Depth (feet)
Barin s/CPTs
Pedestrian Bridge over WCH - Southern
Abutment
I
BO
ADARamp
50
Earthwork and Pavement Structural
1
20
5
5
Sections
The boreholes will be excavated using a truck -mounted or track -mounted rotary -wash drill rig or hollow -stem auger rig.
CPT soundings will be performed using track -mounted or truck -mounted CPT probes. Soil cuttings from the borings will be
temporarily stored onsite in 55 -gallon drums, tested for contaminants, then disposed offsite. Asphalt concrete coldpatch
will be used to replace asphalt that is removed by excavations, and quick -set cement will be used to replace concrete that
is removed by excavations.
EMI will prepare a boring location plan and this plan will be used to secure encroachment permits from Caltrans and City
of Newport Beach. No permit fee was assumed in the cost estimate.
EMI field personnel will collect soil samples for laboratory testing, including bulk samples of near -surface soils and small
disturbed and relatively undisturbed ring samples of deeper soils. The small disturbed and relatively undisturbed soil
samples will be collected using split -spoon samplers at a vertical interval of about 5 feet, alternating between the
Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils
will be logged during the field investigation, secured in their containers or collected in plastic bags, and transported to
the EMI laboratory.
Laboratory Testing
Field logs of the boreholes will be reviewed to select representative soil samples for laboratory testing. Various laboratory
tests will be performed on soil samples to determine or derive their physical and engineering characteristics. Anticipated
laboratory tests include: in-situ density and moisture content, grain size, Atterberg limits, direct shear, consolidation, UU
triaxial, R -value, and soil corrosion tests. Laboratory tests will be conducted in general accordance with ASTM standards
or California Test methods.
Geotechnical Engineering Analyses
Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and
conditions and create idealized soil profiles for design. The following analyses will be performed for Phase 2:
• Evaluation of seismicity and estimation of Peak Ground Acceleration based on the Caltrans design criteria, and
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recommendation of ARS curves for bridge structural design.
• Assessment of soil liquefaction potential, seismic settlement, and lateral spreading.
• Foundation analysis for bridge and ADA ramp.
• Assessment of global slope stability for slope modification.
• Evaluation of soil corrosivity conditions and recommendations for mitigation measures.
• Design of pavement structural section in accordance with the Caltrans method.
Report Preparation
In addition to the Preliminary Foundation Report (PFR) for bridge type selection, EMI will prepare a Foundation Report, a
Geotechnical Design Report, and
a Materials Report. The Foundation Report will be prepared in accordance with the current Caltrans Guidelines to provide
geotechnical design and construction recommendations for the bridge foundations. The Geotechnical Design Report
(GDR) will be prepared in accordance with the current Caltrans guidelines to provide design and construction
recommendations for slope modification and earthwork. The Materials Report for the pavement structural sections will
be prepared in accordance with Caltrans Highway Design Manual Topic 114 dated March 2020. EMI will address any
comments resulting from Caltrans review and prepare a Final Foundation Report, Final Geotechnical Design Report, and
Final Materials Report
Deliverable(s): One Preliminary Foundation Report, One Foundation Report, One Geotechnical Design Report, and
Materials Report
TASK PH2-6 — DRAINAGE REPORT
A Drainage Report will be prepared to document the hydrology and hydraulic analysis based on Caltrans and City criteria
and will provide a detailed discussion of the existing conditions, post -project drainage patterns and conditions, results
of the on-site hydraulic analyses and any issues of special concern or significance. The City will provide or agree to
assumed boundary conditions utilized in the hydraulic analysis for connections to existing drainage systems.
A draft report will be prepared and submitted to the City of Newport Beach and Caltrans for review with the 50% PS&E
milestone submittal. Comments will be addressed, and the final document will be submitted for approval with the Final
PS&E milestone submittal.
Deliverable(s): Draft and Final Drainage Report
TASK PH2-7 - STORM WATER QUALITY REPORTS
Task Ph2-7.1 WATER QUALITY MANAGEMENT PLAN (WQMP)
Dokken will prepare a Water Quality Management Plan (WQMP) in accordance with the City of Newport Beach MS4
requirements, Orange County water quality guidance, and Caltrans. The WQMP is anticipated to include the following
features:
• A description of the project and the major engineering features
• A description of the feasible Site Design practices and justification of measures considered infeasible or not
applicable to the project
• A description of the feasible Low Impact Development (LID) BMPs and justification of measures considered
infeasible or not applicable to the project
• A description of the feasible Biotreatment and/or Treatment Control BMPs and justification of measures
considered infeasible or not applicable to the project, as well as supporting calculations.
• A description of the feasible Source Control Measures and justification of measures considered infeasible or not
applicable to the project
• A design capture volume worksheet for each drainage area
• A Site Plan showing all BMPs, impervious and pervious areas, drainage improvements, and discharge points
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• An operation and maintenance program and identification of maintenance responsibility
• Infiltration feasibility documentation
It is assumed that hydromodification control is not required for this project since all downstream conveyances are
engineered, hardened, and regularly maintained.
A draft WQMP will be prepared and submitted to the City of Newport Beach for review with the 50% PS&E milestone
submittal. Comments will be addressed, and the final document will be submitted for approval with the Final PS&E
milestone submittal.
Deliverable(s): Draft and Final Storm Water Quality Management Plan
Task Ph2-7.2 STORM WATER DATA REPORT
For the portion of the project that is within Caltrans right-of-way, compliance with Caltrans Statewide National Pollutant
Discharge Elimination System (NPDES) Permit (Order 2012-0011-DWQ) will be documented in the Storm Water Data
Report (SWDR).
Dokken Engineering will develop a long -form PS&E-level SWDR in accordance with the latest Caltrans Project Planning
and Design Guide. The document will include:
• A description of the project and the major engineering features
• An estimate of the Total Disturbed Soil Area (DSA), New Impervious Surface (NIS) Area, and Post Construction
Treatment Area (PCTA)
• A determination of Risk Level and requirement for Treatment BMPs
• A discussion of the stormwater quality issues specific to this project
• A description of the design pollution prevention BMPs
• A description of the maintenance and construction site BMPs
• SWDR Summary Spreadsheet
• Maps and exhibits
This scope assumes that a Rapid Stability Assessment and permanent treatment BMPs are not required for this project.
Dokken Engineering will work with the Caltrans District Storm Water Coordinator to circulate the draft document through
the Maintenance, Landscape, Construction, and Storm Water units during review of the 50% plans/specifications. All
comments will be addressed and the report will be finalized with the Final PS&E milestone submittal.
Deliverable(s): Draft and Final Storm Water Data Report
TASK PH2-8 - CIVIL DESIGN
Task Ph2-8.1 Preparation of Permit Engineering Evaluation Report (PEER)
Dokken will prepare the PEER and coordinate the approval of the document with Caltrans. The PEER will include
engineering analysis of the proposed improvements so as to determine drainage, maintenance, operational and
environmental impacts. Per guidance in Appendix I, of the Project Development Procedures Manual (PDPM), the
Consultant shall develop a PEER to obtain an encroachment permit for construction.
Task Ph2-8Z 50% Civil Plans and Estimate
Based on the approved concept, Dokken will prepare the 50% Civil submittal to include an estimate of the following
sheets pending concept approval:
• Title Sheet (1) • Utility Plans (2)
• General Notes, Legend Key, Map (1) • Sign Plan and Details (2)
• Survey Control (1) • Pavement Delineation Plan (2)
• Typical Sections (1) • Electrical Plan and Details (3)
• Plan Sheets (4) • Construction Area Signs (1)
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• Contour Grading Sheets (1) • Traffic Handling Plan (6)
• Construction Details (2) • Summary of Quantities (1)
• Drainage/Plans/Profiles Details (4) • Retaining Wall Plans and Details (1)
• Temporary Water Pollution Control (2) • Demolition Sheets (2)
• Erosion Control Plans (2)
Total = 39 Sheets
Dokken shall compile and prepare the Cost Estimate based on all biddable construction items identified throughout the
design package and consistent with the City's "Boiler Plate". The estimated quantities shall include, but not be limited to,
itemizing all removals, relocations, water pollution control, any required mitigation work, earthwork, subgrade
preparation, aggregate base, asphalt concrete (AC) paving, survey monument, painting of pavement legends and signs,
traffic control, raised pavement markers, project signs, miscellaneous metal, piling, etc. The estimated quantities shall be
arranged consistent with Caltrans' estimating procedures and shall contain all the information needed to prepare the
Engineer's Estimate of costs. Contingencies shall be included at the appropriate percentage.
Task Ph2-8.3 90% Civil Plans, Specifications, & Estimate
Once Dokken receives comments from the City and stakeholder agencies, we will prepare and submit responses to
comments to the City. All City and outside agency comments will be tabulated in a Review Comment Matrix and
responses provided.
Dokken will revise the plans based on comments received from the City. Quantity calculations and independently
developed quantity -check calculations will be developed from the checked plans. After quantity calculations are
complete, Dokken will prepare in Microsoft Excel an itemized construction cost estimate based upon checked plans and
quantity calculations. Dokken will prepare Special Provisions for the project in a format consistent with the standard
specifications for Public Works Construction ("Greenbook") and the 2018 Caltrans Standard Specifications and 2018
Standard Plans. Technical Specifications will be developed based on the plan set and cost estimate, completing the 90%
PS&E for submittal to the City.
Task Ph2-8.4 100% Civil Plans, Specifications, & Estimate
Upon receipt of comments on the 90% submittal package, Dokken will schedule a review session, if required, with the
City to discuss review comments and resolve any outstanding comments.
Task Ph2-8.5 Final Civil Plans, Specifications, & Estimate
Upon receipt of comments on the 100% submittal package, Dokken will update the plans, specifications and estimate
and prepare the PS&E for Submittal to Caltrans for the encroachment permit.
Oeliverable(s): PEER, 50916, 90% 100%, Final Civil Plans (PDF, Five half-size, Two full-size and one set of signed Mylars),
Specifications (PDF, Word, and five bound hard copies) Estimate (PDF, Excel and five hard copies), Review
Comment/Response Matrix
Task PH2-9— BRIDGE DESIGN
Task Ph2-9.1 Type Selection Report and Meeting
After the horizontal and vertical alignment are set, and prior to beginning final structures design work, a structure General
Plan will be developed for the proposed bridge. The type selection will be documented in a concise Type Selection Report,
generally following the format described in Caltrans Memos to Designers 1-29. The report will include discussion of bridge
layout, constraints, alternative types considered, foundations, clearances, utilities, seismic considerations,
constructability, aesthetics and cost. The report will document the preferred structure type.
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Once approved by the City, the Type Selection Report and General Plans will be submitted to Caltrans Office of Special
Funded Projects (OSFP) in accordance with the requirements outlined in the OSFP Information and Procedures Guide
Section 4-2.
After submission of the Type Selection Report to Caltrans OSFP, Dokken will schedule and prepare for a Type Selection
Meeting at Caltrans headquarters. Dokken will present a summary of the Type Selection Report to gain approval of the
recommended structure types from Caltrans.
Deliverable(s): Draft and Final Type Selection Report, Structures General Plan, Type Selection Meeting
Task Ph2-9.2 50% Bridge Plans and Estimate (Caltrans Unchecked Details)
The plans developed in Type Selection will be used as a baseline to develop the 50% submittal. Prior to developing the
50% plans, Dokken will meet with the City to provide an overview of the bridge design and the architectural treatment
details. Any revisions will be updated and prepared with the 50% plan submittal. Plans will be prepared in AutoCAD
Civil 3D, however, to comply with Caltrans requirements, the bridge plans will be required to follow Caltrans detailing
standards, borders and fonts.
Following selection of the structure alignment and type, and approval of the General Plan, structure plans and structural
design calculations will be prepared for the preferred alternative. All plans and calculations will conform to Caltrans'
requirements, including AASHTO LRFD Bridge Design Specifications with Caltrans Amendments, AASHTO LRFD Guide
Specifications for Design of Pedestrian Bridges, Caltrans Highway Design Manual, Caltrans' Memos to Designers, Bridge
Design Aids Manual, Bridge Design Details Manual and Caltrans Seismic Design Criteria.
In close coordination with the City, Dokken will assemble the calculations, plans, bid item list and estimate of construction
cost into the 50% submittal package. The 50% bridge submittal will include the following:
• General Plan (1)
• General Notes (1)
• Deck Contours (1)
• Foundation Plan (1)
• Abutment Layouts (2)
• Abutment Details (2)
• Bent Details (3)
• Typical Sections (1)
• Superstructure Details (2)
• Architectural Details (2)
• Railing Details (1)
• Miscellaneous Details (1)
• Ramp Layout (2)
• Ramp Details (3)
• Log of Test Borings (LOTB) (2)
Total = 25 Sheets
Once approved by the City, the 50% Bridge PS&E, referred to by Caltrans as the 'Unchecked Details Submittal' will be
submitted to Caltrans OSFP in accordance with the requirements outlined in the OSFP Information and Procedures Guide
Section 4-3.
Task Ph2-9.3 90% Bridge Plans, Specifications, & Estimate (Caltrans Initial PS&E)
Once Dokken receives comments from the City, Caltrans and stakeholder agencies, we will prepare and submit
responses to comments to the City and Caltrans. All City, Caltrans and outside agency comments will be tabulated in a
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WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE
An independent bridge design check will be performed for the structure. Checking will include the preparation of an
independent set of structural design check -calculations in conformance with Caltrans' policy. Upon completion of the
independent design check, the designer and checker will compare their results and resolve any differences. Next, the
structure plans will be revised as directed by the designer. Both the designer and checker will review the revised plan set
and, if satisfactory, this will become the "checked plans" set.
Quantity calculations and independently developed quantity -check calculations will be prepared from the checked
plans. After quantity calculations are complete, Dokken will prepare in Microsoft Excel an itemized construction cost
estimate based upon checked plans and quantity calculations. Dokken will prepare Special Provisions for the project in
a format consistent with the 2018 Caltrans Standard Specifications and 2018 Standard Plans. Technical Specifications will
be developed based on the plan set and cost estimate, completing the 90% PS&E for submittal to the City.
Once approved by the City, the 95% Structure Plans and all supporting reports and calculations, referred to by Caltrans
as the 'Initial PS&E Submittal' will be submitted to Caltrans OSFP in accordance with the requirements outlined in the
OSFP Information and Procedures Guide Section 4-4.
Task Ph2-9.4 100% Bridge Plans, Specifications, & Estimate (Caltrans Final PS&E)
Upon receipt of comments on the 90% submittal package, Dokken will schedule a review session, if required, with the
City to discuss review comments and resolve any outstanding conflicting comments.
Dokken will prepare and submit responses to the City. All City, Caltrans and outside agency comments will be tabulated
in a Review Comment Matrix and responses provided.
Dokken will revise the bridge PS&E package as necessary to address all comments and submit the 100% bridge PS&E.
Once approved by the City, the 100% Structure Plans and all supporting reports and calculations, referred to by Caltrans
as the 'Final PS&E Submittal' will be submitted to Caltrans OSFP in accordance with the requirements outlined in the
OSFP Information and Caltrans Procedures Guide Section 4-4. Dokken will attain final approval from Caltrans in the form
of the
Caltrans OSFP Liaison's signature on the title block.
Deliverable(s): Structure Concept Approval, Type Selection Report and Meeting, sketches of proposed aesthetic elements,
project renderings, 50%, 90%, and 100% Plans (PDF, Five half-size, Two full-size and one set of signed Mylars),
Specifications (PDF, Word, and five bound hard copies) Estimate (PDF, Excel and five hard copies), Review
Comment/Response Matrix
TASK PH2-10 - LANDSCAPE DESIGN
Task Ph2-10.1 Landscape and Irrigation 50%, 90%, 100% PS&E
Upon approval of required environmental permits associated with the Phase 2 improvements, ADL shall merge the 15%
phase 2 elements with the previously prepared 30% Phase 1 documents and create a 50% complete set of landscape
construction documents, representing the entire project. Consistent with the approved Phase 1 Service Agreement,
subsequent refinements and submittals at 90% and 100% completion shall be completed.
Deliverable(s): 50%, 90%, and 100% Plans (PDF, Five half-size, Two full-size and one set of signed Mylars), Specifications
(PDF, Word, and five bound hard copies) Estimate (PDF, Excel and five hard copies), Review Comment/Response Matrix
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TASK PH2-11— RIGHT OF WAY ACQUISITION AND APPRAISAL SERVICES
Task Ph2-11.1 Project Tracking Table
Dokken will maintain the project tracking table and ensure that it is sent to the City on the regularly requested schedule.
As a component of effective project management and to keep the project on schedule and the City current with
acquisition data, a project tracking table will be created. This table will outline milestones and supply completion dates,
comments, and any additional information the City may request.
Deliverable(s): Project Tracking Table
Task Ph2-11.2 Order Title Reports/Title Research
Dokken Engineering will obtain title reports for the 4 affected parcels. The Dokken Engineering right of way team will
perform all necessary research for each parcel being acquired. Agents may resolve or oversee resolution of problems
relating to unusual circumstances with regard to title or ownership and uncover any flaws, noting any exceptions
pertaining to property such as mortgage liens, restrictions, easements, and rights of way. In addition, Dokken Engineering
will work with the survey team to assist in the lot line adjustments for the City parcels.
Deliverable(s): Preliminary Title Reports.
Task Ph2-11.3 Appraisal Process
Appraisals will be completed for affected parcels by licensed General Real Estate Appraisers. Notice of intent to appraise
letters along with acquisition policy brochures will be provided to all impacted property owners. Appraisals will be
arranged so that the property owner may accompany the appraiser during the inspection of the property. This allows the
property owner the opportunity to provide additional information to the appraiser.
All appraisals will be prepared by an appraiser licensed with the State of California and will comply with all laws applicable
to the specific appraisal and the Uniform Standards of Professional Appraisal Practice 49 CFR 24.2(a)(3).
Appraisals will include a summary and a complete analysis for all valuation conclusions. Documentation obtained during
the inspection, such as pictures, will be included in each report. Title information pertaining to ownership, drawings, and
information relative to the parcel will be reviewed by the appraiser.
Deliverable(s): Appraisal Reports
Task Ph2-11.4 Appraisal Review Reports
Appraisal Reviews will be completed by a Certified General Real Estate Appraiser. Upon acceptance and approval of the
property appraisals, an independent appraisal review will be completed by Dokken Engineering's subconsultant. The
review includes inspecting sales to determine comparability, reviewing appraisal for conformance to Uniform Standards
of Professional Appraisal Practice, reviewing "highest and best use" conclusions, examining valuation methods, analyzing
exhibits, checking mathematical calculations, and preparing a narrative report that describes the review process and sets
forth the reasoning behind the review. An appraisal review is recommended to ensure that the appraisal is based on
sound appraisal theory, contains appropriate documentation to support the appraisers' conclusions and complies with
regulatory codes. A recommendation of just compensation is then made based on the reviewed, collected, assembled,
correlated, and analyzed data.
Deliverable(s): Appraisal Review Reports
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Task Ph2-11.5 Appraisal Summary Statement
WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE
Dokken Engineering will complete a Summary Statement relating to the Purchase of Real Property or an Interest Therein
(Caltrans Exhibit 8 -EX -16) for each property. This document will be delivered to property owners with the offer package
during the initial meeting.
Deliverable(s): Summary Statement Relating to the Purchase of Real Property or an Interest Therein (Caltrans Exhibit 8 -EX -
16)
Task Ph2-11.6 Negotiations
Acquisitions will be required from 4 parcels (2 City owned parcels, a property owned by Hoag Hospital and a parcel owned
by Newport Banning Ranch) that will be transferred to Caltrans at the end of the construction. Each parcel may have its
own concerns that will need to be negotiated, therefore the fee estimate is based upon negotiations associated with 2
private properties and coordination with Caltrans on terms of the 2 City parcels to be transferred. All "Good Faith
Negotiations" will be completed by Dokken Engineering's Right of Way Team. After completion of the appraisal process
and just compensation determination, Dokken Engineering will prepare the offer package and meet with all owners in
person to present and explain the offer package details. The offer package will include the offer letter, written summary
of just compensation with supporting appraisal information, property owner exhibit showing property map with right of
way take locations, Title VI information, "Your Property — Your Transportation Project" booklet. Dokken Engineering will
negotiate with the property owner to arrive at a mutually agreeable settlement and prepare necessary purchase
agreements such as Grant Deeds, Easement Deeds, and Temporary Construction Easement Deeds. Dokken Engineering
will obtain receipt of delivery of offer and/or present and secure tenant information statements, as applicable, during the
initial meeting.
Dokken Engineering will work closely with the City to aid in the recommendation of the appropriate course of action
regarding the various acquisitions with property owners requesting additional compensation and/or services beyond
the initial offer package. Recommended settlement packages with justifications and impasse letters will be provided to
the City for review. Working with the property owners to agreeable terms will be Dokken Engineering's focus. There
may be situations where condemnation is unavoidable, such as clouds in the title. In the event the City will need to
attain property through the condemnation process, Dokken Engineering will assist in the preparation of all necessary
condemnation reports, letters, and packages.
Additionally, Dokken Engineering will attend, at the request of the City, any Public Community Meetings regarding the
project.
Dokken Engineering's Right of Way Agents hold California Real Estate Salesperson's Licenses and are working under the
direct supervision of a California Real Estate Licensed Broker.
Deliverable(s): Right of Way Agreements, Grant and Easement Deeds, Administrative Settlements, Diaries, Written
Summary Acquisitions, Impasse Letters
Task Ph2-11.7 Escrow Coordination
Upon reaching an agreement on the terms and conditions of the acquisition with the property owner, Dokken will be
available to assist the.City in opening escrow. Dokken will supply fully executed agreements along with other
supporting information to escrow in order to close each transaction. Dokken will work closely with the City to assist in
the timely closing of all transactions. For the convenience of the property owner, Dokken's right of way team has a
California
Notary who will be available to notarize any documentation that is required. Fully executed deeds and easements will be
delivered to the City for acceptance prior to recording. In the event escrow services are not required, Dokken is available
to perform these services and record the required documentation. As the right of way will be transferred to Caltrans all
encumbrances will be removed to meet Caltrans requirements for title conditions for transfers of right of way.
S .COAST HIGHWAY WIDENING AND PEDESTRIAN B
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Deliverable(s): Escrow Documents and Closing Statements
Task 13112-11.8 Project Close Out
The original acquisition file for each affected parcel will be provided to the City upon completion of the project. Each
acquisition file will contain property information, diary report, written correspondence, just compensation
documentation, appraisal(s), offer package, negotiations, title documentation, copies of recorded documents, and all
applicable documentation.
Deliverable(s): Original Acquisition Files
TASK PH2-12 — BIDDING AND CONSTRUCTION SUPPORT
Task Ph2-12.1 Advertising/Bidding Support
Dokken shall include all tasks necessary during the advertising/bidding phase of the project, including, but not limited
to:
a) Copies of Drawings and Contracts Documents — The City will have copies of the design drawings and Contract
Specifications reproduced for advertising purposes.
b) Pre-bid Meeting — Dokken shall attend the pre-bid meeting.
c) Questions and Addenda During Advertising — Dokken shall answer questions regarding the Technical Provisions,
the design drawings, or conflicts in the design during the bidding process and pre -construction meeting.
Dokken shall assist the City, at no charge, in preparation of Addenda regarding omissions or conflicts in the
design.
Deliverable(s): Copies of Drawings and Contract Documents; Pre-bid Meeting; Clarification of Documents and Preparation
of Addenda
Task Ph2-12.2 Construction Support
Dokken shall during the construction phase of the project:
a) Meetings — Dokken shall attend the pre -construction meeting and informational meetings with stakeholders.
b) Questions during Construction and Requests for Information (RFIs) — Dokken shall answer questions regarding
the Technical Provisions, the design drawings or conflicts in the design during construction, and assist the City
in issuing Change Orders (COs) regarding omissions or conflicts in the design, at no charge to the City. Dokken
shall provide responses to RFIs, as requested by the City.
c) Contractor Submittals — Dokken shall review Contractor submittals, including shop drawings, as requested by
the City.
d) Plan Revisions — Dokken shall prepare plan revisions requested by the City, to accompany change orders, etc.
e) Record Drawings — Dokken shall incorporate all redline comments prepared by the Contractor and Project
Inspector on the signed design Plans. The Record Drawings shall be provided to the City and approved prior to
the release of the final progress payment. Dokken shall also provide electronic Record Drawings in AutoCAD
format and Specifications in Microsoft Word to the City.
Deliverable(s): Meetings; Clarification of Documents and Responding to RFI; Review Contractor Submittals, Plan Revisions,
Record Drawings
EXHIBIT B-1
SCHEDULE OF BILLING RATES
Dokken Engineering Page B-1
®4WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE
c9LIFOFN�P
EXHIBIT B-1
FEE SCHEDULE - AMENDMENT #1- $970,000
NAME
KKEN ENGINEERING
, • CATEGORY
RATE (PER HOUR)
John Klemunes, PE, ENV SP
Project Manager
$278.49
Mark Tarrall, PE
Civil PE
$234.52
Rob Burns, PE, SE
Structures PE
$199.34
Pamela Dalcin-Wallin , PE, QSD/P
Hydrology/Hydraulics/Water Quali
$211.07
Michael Greer, PE, TE
Electrical
$184.68
Tim Osterkam , PE
Caltrans Liaison
$234.52
Senior Engineer
$196.41
Associate Engineer 2
$152.44
Associate Engineer 1
$134.85
Assistant Engineer 2
$114.33
Assistant Engineer 1
$96.74
Senior CADD
$172.96
CADD
$117.26
GUIDA SURVEYING,
CATEGORY
INC.
RATE (PER HOUR)
Task Lead
$175.00
2 Man Survey Crew
$275.00
Survey Analyst
$135.00
Project Surveyor
$150.00
ADL PLANNING ASSOCIATES
CATEGORY
RATE (PER HOUR)
Principal
$175.00
Landscape Lead
$140.00
Designer/Planner
$95.00
Assistant
$75.00
NAME
MACDONALD ARCHITECTS
CATEGORY
RATE (PER HOUR)
Donald MacDonald
Principal Architect
$280.00
Steve Line
PM/Senior Architect
$244.47
Eric Birkhauser
Senior Designer
$122.05
Visualization & CADD Tech
$116.23
Clerical
$84.00
' )(_ 14Page
�EWP01P
04
OgGIFORK�P
WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE
EARTH MECHANICS,
CATEGORY
INC.
RATE (PER HOUR)
Principal Engineer
$270.42
Task Lead
$146.93
Project Geologist
$139.12
Senior Technician
$125.05
Staff Engineer
$100.82
Dokken will complete the scope of work for Amendment No. 1 as depicted in Exhibit A-1 shall be
completed for a not -to -exceed amount of $970,000.00.
' x_ 15�Page
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Tuesday, September 15, 2020 5:26 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number FV00000238
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000238 Dokken Engineering
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 19th day of November, 2019 ("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
1450 Frazee Road, Suite 100, San Diego, CA 92108, 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 final design and engineering services
for the Superior Avenue Overcrossing and Parking Lot ("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. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
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
O
O
PROFESSIONAL SERVICES AGREEMENT
WITH DOKKEN ENGINEERING FOR
SUPERIOR AVENUE OVERCROSSING AND PARKING LOT PROJECT FINAL
DESIGN AND ENGINEERING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 19th day of November, 2019 ("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
1450 Frazee Road, Suite 100, San Diego, CA 92108, 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 final design and engineering services
for the Superior Avenue Overcrossing and Parking Lot ("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. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
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 Nine Hundred Nineteen
Thousand Eight Hundred Ninety Dollars and 00/100 ($919,890.00), 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
Dokken Engineering Page 2
reasonably anticipate would be necessary at the execution of this Agreement.
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 John Klemunes 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
Dokken Engineering Page 3
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
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, 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 (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 sole
negligence, active negligence or willful misconduct of the Indemnified Parties. 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.
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
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
Dokken Engineering Page 4
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.
Dokken Engineering 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 "Documents"), 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 Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, 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 Documents for other projects
and any use of incomplete Documents 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.
17.3 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 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
Dokken Engineering Page 6
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 with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
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 Documents, 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 Documents 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
Dokken Engineering Page 7
inspection of all Work, data, Documents, 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 that are due to the negligence or professional
inexperience 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. Nothing in this Section is intended to 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 seq., 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.
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
Dokken Engineering Page 8
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:
t:
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: John Klemunes
Dokken Engineering
1450 Frazee Road, Suite 100
San Diego, CA 92108
27. CLAIMS
27.1 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.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
Dokken Engineering Page 9
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 two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
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, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
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 Consultant 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 Consultant 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.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
Dokken Engineering Page 10
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.
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,
Dokken Engineering Page 11
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]
Dokken Engineering Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO EY'S OFFICE
Date: t I S tzo
By:
Aaron C. Harp \0q
City Attorney *0'
ATTEST:
Date: �o�• 1
c
By: tiY�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B. Dixon
Mayor
CONSULTANT: Dokken Engineering, a
California corporation
Date:
By: Signed in Counterpart
Richard A. Dokken
Chief Executive Officer
Date:
By: Signed in Counterpart
Bradley B. Dokken
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Dokken Engineering Page 13
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: Il I S 201
By: C�Y_'
Fa,( -'Aaron C. Harp �A
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Diane B. Dixon
Mayor
CONSULTANT: Dokken Engineering, a
California corporation
Date: Z "D'.) t q'
Bye
Richard A. Dokken
Chief Executive Officer
Date:
Bradley B. kken
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Dokken Engineering Page 13
EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT A
SCOPE OF WORK
TASK 1 - PROJECT MANAGEMENT & CALTRANS COORDINATION
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Task 1.1 Project Kickoff and Agency Coordination Meetings
Dokken Engineering, referred to as "Dokken" throughout this Scope of Work, will coordinate meetings with the
City, the City's consultants (TyLin, Urban Resource, Chambers Group) and key stakeholders to facilitate decision
making. For each meeting, Dokken will provide meeting notices, prepare meeting materials and agenda, facilitate
the meeting and prepare meeting minutes. Dokken will consult with the City's project manager prior to each
meeting to review upcoming meeting items. The following meetings are anticipated for this project:
Kickoff Meeting (1): At the start of the project, Dokken will organize a kickoff meeting with all key personnel,
design team members and stakeholder representatives on the project. The purpose of this meeting is to review
the goals and objectives of the project, discuss each team member's roles and responsibilities and identify
critical project issues.
PDT Meetings (11): The project development team (PDT) meeting, will be scheduled monthly to review
project status and discuss items that require City decisions. Attendees are anticipated to include City staff,
Dokken Project Manager, as well as consultant task leads and other stakeholders as necessary to facilitate
resolutions.
City Council Meetings (2): Dokken will attend and present the proposed improvements at City Council
meetings.
Task 1.2 Project Schedules and Administration
Dokken will monitor and control the effort and progress of the proposed services as follows: 1) Set up an internal
project accounting system; 2) Prepare monthly Progress Reports indicating work accomplished the previous
month, anticipated work to be completed the next month, issues requiring resolution, milestones achieved,
meetings held, actions taken, approval actions required, coordination issues and design schedule impacts to
accompany client invoices; and 3) Prepare, monitor and adjust Critical Path Method (CPM) Schedule on a monthly
basis.
Task 1.3 Data Collection, Site Visits, and General Coordination
Dokken will obtain and review all available documents to identify design controls and considerations necessary to
support the project. These documents include, but are not limited to, aerial and street view exhibits, concept plan
and renderings developed, traffic and pedestrian counts, parking lot, roadway and utility As -Built data and other
available data.
Task 1.4 Caltrans Local Assistance Coordination and Form Preparation
Dokken, on behalf of the City, will coordinate directly with Caltrans to prepare the construction Request for
Authorization (RFA) and secure the E-76. Dokken will also prepare all required forms to include the utility and
right of way certification, PS&E checklist and support the City's environmental consultant for the preparation of
the NEPA Revalidation that will be required to request the construction RFA. Throughout the design process,
Dokken will coordinate with Caltrans to address any review comments and gain Caltrans and City approval.
Task 1 Deliverable(s): Up to twelve (12) Meeting Notices, Agendas, Meeting Minutes, and Presentation Materials; City
Council Presentation Materials including Project Exhibits, Monthly Progress Reports and Monthly Project Schedule
Updates, Team Coordination, Existing Documentation Memorandum, Site Visit Summary, Project Design Criteria
Memorandum, Caltrans RFAs, Utility and Right of Way Certification, PS&E Checklist.
TASK 2 - DESIGN SURVEYING & BASE MAPPING
Guida Surveying, Inc. (Guida) will support Dokken to review and use the existing survey data, topography and
aerial photo. After review of the data, a survey request will be made to supplement the existing survey
data. Supplemental survey will include locating any above ground evidence of underground utilities.
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The City has requested to budget three (3) days for any needed supplemental field surveys.
In addition to the supplemental surveys, Guida will identify existing right of way lines between the City and Caltrans
right of way, roadway centerlines, lot lines, and survey monuments from available record data. Guida will prepare
a base map from available record data that will include right of way lines and centerline of both Pacific Coast
Highway and Superior Avenue.
Task 2 Deliverable(s): Copy of the updated base map files in PDF and AutoCAD; ASCII text file of the field survey
point file information,- The AutoCAD files to include, DTM, topography, field survey shots including ground shots and
utility appurtenances and descriptors for each point in o text file format.
TASK 3 - UTILITY COORDINATION
Task 3.1 Identify Existing Utilities
Dokken will prepare a project limits map immediately after the Notice to Proceed and request utility information
from the utility owners within the project area. Dokken will prepare draft request for mapping letters to affected
utility owners on City letterhead for City review and approval prior to transmitting project base maps to utility
owners. Two sets of project base maps will be provided to each utility owner as an attachment to the transmittal
request for the mapping letter. A copy of the utility data obtained from utility owners will be provided to the City
and the original will be filed in the project files. Information on existing utilities obtained because of the request
for mapping submittal will be transferred to base maps in both plan and profile view.
Dokken will prepare a utility base map to integrate the information supplied by the utility owners. Information on
existing utilities obtained because of this effort will be used to identify utility conflicts.
Task 3.2 Utility Coordination
Dokken will update the utility base map that was prepared in the prior task and will coordinate with the utility
owners to confirm locations of existing utilities shown. A total of three potholes is proposed based on the utility
mapping, any potential utilities relocation needed will be identified. Dokken will coordinate with each utility
company and provide each utility company a copy of our 50%, 90%, and 100% plans. During the development of
our plans, we will coordinate any future utilities that will be within our project limits and coordinate these
improvements into our project. Dokken will maintain on-going record keeping, meeting minutes, correspondence,
schedules and status updates between the project team, the City, and each utility company.
Deliverables: Request for Mapping letters; Existing Utility Plans, Utility Base map, Final Design of Relocations from
Each Utility Company,- Three (3) Utility Potholes
TASK 4 - GEOTECHNICAL ENGINEERING
Earth Mechanics, Inc. (EMI) will provide geotechnical engineering design services for the following design
elements:
(1) A new three -span pedestrian bridge;
(2) A 210 -foot long and up to 11 feet tall retaining wall;
(3) A 330 -foot long and up to 22 feet tall retaining wall;
(4) A 150 -foot long and up to 10 feet tall retaining wall;
(5) A 180 -foot long and up to 18 feet tall retaining wall;
(6) A 230 -foot long and up to 10 feet tall cut slope retaining wall;
(7) Pavement Structural Sections for the Parking Lot; and
(8) Soil infiltration testing at a location.
Details of our proposed geotechnical services for the project are presented below.
Preliminary Foundation Report
EMI will prepare a Preliminary Foundation Report (PFR) to provide preliminary geotechnical recommendations to
assist structural designers in the Type Selection process for the bridge. This PFR will be prepared using the available
subsurface data and the format will be in accordance with the current Caltrans Guidelines.
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Fault Rupture Preliminary Study
The bridge site is near the Newport -Inglewood fault. The City of Newport Beach Seismic Safety Element (2006)
confirms the above and identified the area as "Fault Disclosure Zone for real-estate disclosure purposes". We also
reviewed the California Geological Survey Earthquake Fault Zones map, and the bridge site is not within the
Alquist-Priolo (AP) zone. Based on our past experience on similar bridge projects, we propose a two-step process
to investigate the fault rupture issue. Step -one is a limited desktop study to collect and review existing reports
and maps. After our review, we will prepare a short summary memorandum of our findings. These findings will be
presented to Dokken and the City to make a joint decision of whether or not fault rupture should be considered.
If the joint decision is to pursuit additional fault rupture investigation, then EMI will prepare a scope and cost at
that time.
Geotechnical Investigation
EMI's geotechnical field investigations plan is presented in Table 1. Data obtained from the borings will be used
for multiple design elements.
Table 1. Proposed Soil Boring Information
Design Element
Proposed Number of Borings
Approximate Proposed Depth(feet)
Pedestrian Bridge - Abutments
2
80
Pedestrian Bridge - Bents
2
100
Parking Lot Retaining Walls
4
501
40
1 1
25
The boreholes will be excavated using a truck -mounted or track -mounted rotary -wash drill rig. Soil cuttings will
be temporarily stored onsite in 55 -gallon drums, tested for contaminants, then disposed offsite. A Cone
Penetration Test (CPT) sounding will be performed at one of the bent if liquefiable layers are observed in the
borings. Asphalt concrete cold -patch will be used to replace asphalt that is removed by excavations, and quick -
set cement will be used to replace concrete that is removed by excavations.
EMI will prepare a boring location plan and this plan will be used to secure encroachment permits from City of
Newport Beach.
EMI field personnel will collect soil samples for laboratory testing, including bulk samples of near -surface soils and
small disturbed and relatively undisturbed ring samples of deeper soils. The small disturbed and relatively
undisturbed soil samples will be collected using split -spoon samplers at a vertical interval of about 5 feet,
alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler.
Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected
in plastic bags, and transported to the EMI laboratory.
Laboratory Testing
Field logs of the boreholes will be reviewed to select representative soil samples for laboratory testing. Various
laboratory tests will be performed on soil samples to determine or derive their physical and engineering
characteristics. Anticipated laboratory tests include: in-situ density and moisture content, grain size, Atterberg
limits, direct shear, UU triaxial, R -value, and soil corrosion tests. Laboratory tests will be conducted in general
accordance with American Society for Testing and Materials (ASTM) standards or California Test methods.
Field Soil Infiltration Testing
Infiltration testing is required at one location for this project. EMI proposes the following work plan to estimate
the infiltration rate of onsite soils at each site.
EMI will install two temporary wells at the infiltration test location. Depth of the wells is assumed to be no more
than 5 feet below existing ground. The wells will not be sampled, though the soil type will be observed for
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comparison with nearby borings. Each well will be soaked overnight and infiltration testing will commence the
following day. Well infiltration testing will be performed following USBR 7300-89 method.
Geotechnical Engineering Analyses
Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils
and conditions and create idealized soil profiles for design. The following analyses will be performed for the
project:
• Evaluation of seismicity and estimation of Peak Ground Acceleration based on the Caltrans design criteria,
and recommendation of ARS curves for bridge structural design.
• Assessment of soil liquefaction potential, seismic settlement, and lateral spreading.
• Foundation analysis for bridges and retaining walls.
• Assessment of global slope stability.
• Evaluation of soil corrosivity conditions and recommendations for mitigation measures.
• Design of pavement structural section in accordance with the Caltrans method.
Report Preparation
EMI will prepare a Foundation Report (FR) to provide all the geotechnical design and construction
recommendations for the project. The FR will include recommendations for the Bridge, retaining walls, slopes, soil
infiltration rates, and pavement structural sections. EMI will address any comments resulting from the City of
Newport Beach review and prepare a final Foundation Report.
Task 4 Deliverable(s): Preliminary and Final Foundation Report
TASK 5 - HYDOLOGY AND HYDRAULIC ANALYSIS
A Drainage Report will be prepared to document the hydrology and hydraulic analysis based on local criteria and
will provide a detailed discussion of the existing conditions, post -project drainage patterns and conditions, results
of the on-site hydraulic analyses and any issues of special concern or significance. The City will provide or agree
to assumed boundary conditions utilized in the hydraulic analysis for connections to existing drainage systems. A
draft version of the report will be submitted to the City for one round of comments at the 50% milestone and will
be finalized upon completion of the 100% PS&E milestone submittal.
Deliverables: Draft and Final Drainage Report
TASK 6 - STORM WATER QUALITY MANAGEMENT PLAN (SWQMP)
Dokken will prepare a Water Quality Management Plan (WQMP) in accordance with the City of Newport Beach
MS4 requirements and Orange County water quality guidance. The WQMP is anticipated to include the following
features:
• A description of the project and the major engineering features
• A description of the feasible Site Design practices and justification of measures considered infeasible or
not applicable to the project
• A description of the feasible Low Impact Development (LID) BMPs and justification of measures considered
infeasible or not applicable to the project
• A description of the feasible Biotreatment and/or Treatment Control BMPs and justification of measures
considered infeasible or not applicable to the project, as well as supporting calculations.
• A description of the feasible Source Control Measures and justification of measures considered infeasible
or not applicable to the project
• A design capture volume worksheet for each drainage area
• A Site Plan showing all BMPs, impervious and pervious areas, drainage improvements, and discharge
points
• An operation and maintenance program and identification of maintenance responsibility
• Infiltration feasibility documentation
It is assumed that hydromodification control is not required for this project since all downstream conveyances are
engineered, hardened, and regularly maintained.
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A draft WQMP will be prepared and submitted to the City of Newport Beach for review with the 50% PS&E
milestone submittal. Comments will be addressed, and the final document will be submitted for approval with the
100% PS&E milestone submittal.
Deliverables: Draft and Final Storm Water Quality Management Plan
TASK 7 - CIVIL DESIGN
Task 7.1 Rough and Precise Grading
Dokken will prepare rough and precise grading plans for the project. The project grading design will be evaluated
so that earthwork on the site is balanced to the maximum extent possible. Staging concepts will be developed
simultaneously with the grading design to ensure constructability while also maintaining the City's existing parking
needs. The precise grading design will meet ADA standards throughout the project.
Task 7.2 Retaining Walls
Dokken will prepare retaining wall plans for the project. The retaining wall layout will consider the ultimate
widening of Pacific Coast Highway and be designed to maximize project site area. Retaining wall type selection
will consider cost, constructability and comparability with the site and bridge construction. Donald MacDonald
(DMD) Architects will provide design input for Architectural features for the retaining walls developed that tie the
site together and consider the City's existing architectural themes. Design input will be in the form of design
sketches (2) and conceptual drawings (1) for incorporation into the design documents.
Task 7.3 Parking Lot
Dokken will design the parking lot with a goal of maximizing the parking count and use its best efforts to get to
161 spaces. ADA path of travels and ADA compatible spaces will be located appropriately. Stormwater treatment
features will be incorporated into the site layout in a way to maximize parking counts. If required, a connection
to Hoag Drive will be incorporated into the Parking Lot layout.
Task 7.4 Bicycle Node with Water Fountain(s)
After the basic site plan has been refined and updated with final location of curbs, walkways, ramps and stairs,
placemaking and hardscape patterns will be developed. Central to the plan is a node or plaza that will be located
between the parking lot and the bridge. This area will function like a hub, guiding and directing pedestrians and
cyclists to and from parking, the bridge, as well as ramp and stairs connecting to the streets below. Additionally,
this area serves as a small gathering and overlook to the Pacific Ocean and is anticipated to include one or two
water fountains.
Our team recognizes will develop alternative circulation patterns and pathways to alleviate potential confusion
and mayhem. Upon confirming a safe and functional routing and layout, we will explore paving options, materials,
textures and colors to further reinforce the various movements and gathering areas within this highly visible
promontory.
Following the schematic study, ADL will refine the design and present sketches and exhibits to finalize the Plaza
prior to construction document preparation.
Task 7.5 Dog Park
Initially, ADL will complete a pre -design process to include research of other off -leash areas to guide the design
of the dog park feature. Utilizing social media such as Yelp and Google, ADL will examine and summarize public
opinion regarding the numerous local dog parks to confirm current likes and dislikes, preferred features such as
shade, seating, topography, play surface and others. This information, coupled with our prior dog park experience,
will be used to aid ADL in developing preferential features, proper proportioned dedication of area to large vs
small dog areas and alternative layouts or configurations.
Utilizing this research information, ADL will prepare a preliminary dog park plan that identifies the separate dog
areas, containment fencing location, possible lighting, access, entry vestibules and other suggested amenities,
along with sketches, plan enlargements, photographs or catalog information to offer visualization of all proposed
features for City review.
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Upon City approval of the design development package, all components will be prepped for drafting and inclusion
within the construction document set.
Task 7.6 50% Civil Plans and Estimate
Dokken will prepare the 50% Civil submittal to include the following sheets:
• Title Sheet (1) . Drainage/Plans/Profiles Details (8)
• General Notes, Legend Key, Map (1) 0 Construction Details (5)
• Survey Control (1) . Utilities and Lighting Plans (4)
• Typical Sections (2) a Water Pollution Control Plans (4)
• Site and Paving Plan and Details (6) 0 Signing and Striping (4)
• Dog Park Plans and Details (2) 0 Retaining Wall Plans and Details (6)
• Precise Grading Plan (4)
Total = 50 Sheets
Dokken shall compile and prepare the Cost Estimate based on all biddable construction items identified
throughout the design package and consistent with the City's "Boiler Plate". The estimated quantities shall include,
but not be limited to, itemizing all removals, relocations, water pollution control, any required mitigation work,
earthwork, subgrade preparation, aggregate base, asphalt concrete (AC) paving, survey monument, painting of
pavement legends and signs, traffic control, raised pavement markers, project signs, miscellaneous metal, piling,
etc. The estimated quantities shall be arranged consistent with Caltrans' estimating procedures and shall contain
all the information needed to prepare the Engineer's Estimate of costs. Contingencies shall be included at the
appropriate percentage.
Task 7.7 90% Civil Plans, Specifications, & Estimate
Once Dokken receives comments from the City and stakeholder agencies, we will prepare and submit responses
to comments to the City. All City and outside agency comments will be tabulated in a Review Comment Matrix
and responses provided.
Dokken will revise the plans based on comments received from the City. Quantity calculations and independently
developed quantity -check calculations will be developed from the checked plans. After quantity calculations are
complete, Dokken will prepare in Microsoft Excel an itemized construction cost estimate based upon checked
plans and quantity calculations. Dokken will prepare Special Provisions for the project in a format consistent with
the standard specifications for Public Works Construction ("Greenbook") and the 2018 Caltrans Standard
Specifications and 2018 Standard Plans. Technical Specifications will be developed based on the plan set and cost
estimate, completing the 90% PS&E for submittal to the City.
Task 7.8 100% Civil Plans, Specifications, & Estimate
Upon receipt of comments on the 90% submittal package, Dokken will schedule a review session, if required, with
the City to discuss review comments and resolve any outstanding comments.
Deliverables: 506, 90%, and 100% Civil Plans (PDF, Five half-size, Two full-size and one set of signed Mylars),
Specifications (PDF, Word, and five bound hard copies) Estimate (PDF, Excel and five hard copies), Review
Comment/Response Matrix
TASK 8 - BRIDGE DESIGN
Task 8.1 Project Renderings
To facilitate design review, Donald MacDonald (DMD) Architects will prepare visualizations in the form of sketches
(2), and renderings (2) that feature the final design details and aesthetic elements of the bridge necessary for the
City's review and approvals. These visualizations will incorporate the proposed Dog Park and parking site design
as proposed by the be reviewed by the City's project staff and the selected features will be chosen. Two final
renderings will be prepared and presented for use by the City.
Task 8.2 Bridge Advance Planning Study
Dokken and DMD Architects will review the rendering of the final approved concept and prepare an Advance
Planning Study (APS). The structure type concept alternative will be evaluated on relative comparison of
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operational performance, construction and environmental impacts, maintenance requirements, and construction
cost. As part of the review, DMD Architects will assess the visual context of the design that integrates the aesthetic
and environmental values with bridge and architectural elements. The APS will include the proposed structural
and foundation type, the length, spans, cross section, staging and profile of the bridge.
Task 8.3 Develop Architectural Features
DMD Architects will develop sketches of architectural features and elements to be integrated into the overcrossing
structure. Elements may include form liners and/or color on abutments, piers; pier overlook features; light
standards; and bridge rails. Due to the visual prominence and scale of the bridge, aesthetic components and
elements will significantly influence the perception of the site. Therefore, it is crucial for such features to be
assessed for their appropriateness and how they may establish or influence an overall project theme. Our team
will coordinate these aspects to assure a viable and cohesive project theme with complementary features. Sketches
of the proposed elements will be presented to the City's project staff for consideration. Selected features will be
included in the project rendering discussed above.
Task 8.4 Type Selection
After the horizontal and vertical alignment are set, and prior to beginning final structures design work, a structure
General Plan will be developed for the proposed bridge. The type selection will be documented in a concise Type
Selection Memorandum, generally following the format described in Caltrans Memos to Designers 1-29 and
Attachment 3. The memo will include discussion of bridge layout, constraints, alternative types considered,
foundations, clearances, utilities, seismic considerations, constructability, aesthetics and cost. The report will
document the preferred structure type. A draft memo will be submitted to the City for review and comment,
followed by a Final Type Selection Memo incorporating comments and an updated General Plan.
Deliverables: Bridge Advance Planning Study, 2 Design Sketches of proposed aesthetic elements, 2 Project Renderings,
Draft and Final Type Selection Memo, Structures General Plan
Task 8.5 50% Bridge Plans and Estimate
The plans developed in Type Selection will be used as a baseline to develop the 50% submittal. Prior to
developing the 50% plans, Dokken will meet with the City to provide an overview of the bridge design and the
architectural treatment details. Any revisions will be updated and prepared with the 50% plan submittal. Plans
will be prepared in AutoCAD Civil 3D.
Following selection of the structure alignment and type, and approval of the General Plan, structure plans and
structural design calculations will be prepared for the preferred alternative. All plans and calculations will conform
to Caltrans' requirements, including AASHTO LRFD Bridge Design Specifications with Caltrans Amendments,
AASHTO LRFD Guide Specifications for Design of Pedestrian Bridges, Caltrans Highway Design Manual, Caltrans'
Memos to Designers, Bridge Design Aids Manual, Bridge Design Details Manual and Caltrans Seismic Design
Criteria.
In close coordination with the City, Dokken will assemble the calculations, plans, bid item list and estimate of
construction cost into the 50% submittal package. The 50% bridge submittal will include the following:
• General Plan (1)
• Typical Sections (1)
• General Notes (1)
• Superstructure Details (2)
• Deck Contours (1)
0 Architectural Details (2)
• Foundation Plan (1)
• Railing Details (1)
• Abutment Layouts (2)
• Miscellaneous Details (1)
• Abutment Details (2)
0 Log of Test Borings (LOTB) (2)
• Bent Details (3)
Total = 20 Sheets
Task 8.6 90% Bridge Plans, Specifications, & Estimate
Once Dokken receives comments from the City and stakeholder agencies, we will prepare and submit responses
to comments to the City. All City and outside agency comments will be tabulated in a Review Comment Matrix
and responses provided.
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An independent bridge design check will be performed for the structure. Checking will include the preparation of
an independent set of structural design check -calculations in conformance with Caltrans' policy. Upon completion
of the independent design check, the designer and checker will compare their results and resolve any differences.
Next, the structure plans will be revised as directed by the designer. Both the designer and checker will review the
revised plan set and, if satisfactory, this will become the "checked plans" set.
Quantity calculations and independently developed quantity -check calculations will be prepared from the checked
plans. After quantity calculations are complete, Dokken will prepare in Microsoft Excel an itemized construction
cost estimate based upon checked plans and quantity calculations. Dokken will prepare Special Provisions for the
project in a format consistent with the 2018 Caltrans Standard Specifications and 2018 Standard Plans. Technical
Specifications will be developed based on the plan set and cost estimate, completing the 90% PS&E for submittal
to the City.
Task 8.7 100% Bridge Plans, Specifications, & Estimate
Upon receipt of comments on the 90% submittal package, Dokken will schedule a review session, if required, with
the City to discuss review comments and resolve any outstanding conflicting comments.
Dokken will prepare and submit responses to the City. All City and outside agency comments will be tabulated in
a Review Comment Matrix and responses provided.
Dokken will revise the bridge PS&E package as necessary to address all comments and submit the 100% bridge
PS&E.
Deliverables: Structure Concept Approval and Type Selection, sketches of proposed aesthetic elements, project
renderings, 50%, 90%, and 100% Plans (PDF, Five half-size, Two full-size and one set of signed Mylars), Specifications
(PDF, Word, and five bound hard copies) Estimate (PDF, Excel and five hard copies), Review Comment/Response
Matrix
TASK 9 - LANDSCAPE DESIGN
Task 9.1 Planting and Irrigation
Utilizing the Sunset Ridge Park Plans, and other successful public open space properties such as the Civic Center
Park as references, ADL will prepare a plant material palette for staff review and consideration. This initial list of
possible plants to be considered will be developed based upon observed local success, ease of maintenance, water
requirements, Staff and Maintenance personnel preference and ability to reinforce the project theme.
The current plan anticipates a significant amount of Loffelstein retaining walls, many of which are intended to be
planted. ADL will work closely with the City to carefully identify only plant and irrigation materials and components
to maximize plant success with this challenging feature. All plant suggestions will be supported with photos and
characteristics information to aid in the evaluation and final selection prior to the preparation of the ultimate
planting construction documents. Additionally, ADL will work with the City to develop and refine an irrigation
component list to identify all proposed irrigation products, manufacturers and models prior to the preparation of
detailed plans and water compliance calculations.
Task 9.2 Hardscape Features Manual
ADL will identify and present hardscape feature options to the City for their review and consideration. Elements
such as site furniture, paving type and color, custom designed elements as well as plant material and irrigation
components will all be considered. Upon selection and determination of the preferred elements, ADL will catalog
and package the components into a Project Features Manual with pictures, sketches, model numbers, textures and
colors for both a record of the design refinement process but also a guide in the preparation of the final
construction documents.
Task 9.3 Hardscape Features Design
Early in the process, ADL will develop an overall theme for the project that will serve to guide the team through
the design and refinement of the site features, orientations, access, circulation, paving patterns, view opportunities,
landscape characteristics, plant selections and how all this ties to and serves as a gateway to an existing adjacent
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park, as well reinforces a new dramatic pedestrian and bicycle bridge. ADL will seek to create a thread that will tie
all these elements together in a creative, playful and efficient manner.
Palettes or collections of site furniture including benches, seating, bollards, railings, fencing, signage and lighting
will be assembled and presented to Staff for review and consideration. Materials, textures and colors will be key
components to unifying the design and overall success of the project. Final consensus will be documented in a
Features Manual, (Task 9.2 above).
Utilizing the conceptual site plan provided by the City, ADL and Dokken will explore alternative site layouts to
improve the overall design, increase parking yield, decrease construction costs and add value to the project.
Additionally, our team will prepare a diagrammatic pedestrian and bicycle circulation plan to assess patterns for
efficiency and safety and to minimize potential conflicts at key locations where these paths are targeted to intersect
or coexist. Also, we would like to consider adding a staircase and ADA complaint pedestrian/ bike ramp closer to
the intersection with Superior Avenue, allowing a more convenient connection to cross to the west side of Pacific
Coast Highway.
Deliverables: Landscape and Irrigation plans, specification and estimate, Features Manual, Hordscope plans,
specifications and estimate
TASK 10 - TRAFFIC SIGNAL MODIFICATION AND CALTRANS ENCROACHMENT PERMIT
Dokken will request the as -built plans for the traffic signal at the intersection of Pacific Coast Highway and Superior
Avenue. Using the as -built plans as our existing base file, Dokken will prepare the modified design of the traffic
signal that will also take into account the future widening of PCH. A Caltrans encroachment will be required to
authorize the City to perform the construction improvements within the Caltrans right of way. Dokken will
coordinate with Caltrans and submit an encroachment permit application with the PS&E once the 90% plans are
approved by the City. Dokken will continue our coordination with Caltrans to secure the Encroachment Permit in
a timely manner for the City to advertise the entire project.
Deliverables: Traffic Signal Design, Encroachment Permit
TASK 11— BIDDING AND CONSTRUCTION SUPPORT
Task 11.1 Advertising/Bidding Support
Dokken shall include all tasks necessary during the advertising/bidding phase of the project, including, but not
limited to:
a) Copies of Drawings and Contracts Documents — The City will have copies of the design drawings and
Contract Specifications reproduced for advertising purposes.
b) Pre-bid Meeting — Dokken shall attend the pre-bid meeting.
c) Questions and Addenda During Advertising — Dokken shall answer questions regarding the Technical
Provisions, the design drawings, or conflicts in the design during the bidding process and pre -construction
meeting. Dokken shall assist the City, at no charge, in preparation of Addenda regarding omissions or
conflicts in the design.
Deliverable(s): Copies of Drawings and Contract Documents; Pre-bid Meeting; Clarification of Documents and
Preparation of Addenda
Task 11.2 Construction Support
Dokken shall during the construction phase of the project:
a) Meetings — Dokken shall attend the pre -construction meeting and informational meetings with
stakeholders.
b) Questions during Construction and Requests for Information (RFIs) — Dokken shall answer questions
regarding the Technical Provisions, the design drawings or conflicts in the design during construction, and
assist the City in issuing Change Orders (COs) regarding omissions or conflicts in the design, at no charge
to the City. Dokken shall provide responses to RFIs, as requested by the City.
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c) Contractor Submittals — Dokken shall review Contractor submittals, including shop drawings, as requested
by the City.
d) Plan Revisions — Dokken shall prepare plan revisions requested by the City, to accompany change orders,
etc.
e) Record Drawings — Dokken shall incorporate all redline comments prepared by the Contractor and Project
Inspector on the signed design Plans. The Record Drawings shall be provided to the City and approved
prior to the release of the final progress payment. Dokken shall also provide electronic Record Drawings
in AutoCAD format and Specifications in Microsoft Word to the City.
Deliverable(s): Meetings; Clarification of Documents and Responding to RFI; Review Contractor Submittals, Plan
Revisions, Record Drawings
Scope Assumptions:
1. The Conceptual Design prepared by TY LIN and approved by the City Council will be the basis of the
design.
2. No fundamental design chances to the 50% design of the bridge structure and railings will be required.
3. No additional bridge design concept alternatives will be required
4. Additional formal Design Review Hearings by the City will not be required
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'ALIFORM"
TEAM ORGANIZATION
*BLUE font indicates key staff
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ANDY TRAN, PE
PROJECT MANAGER
JOHN KLEMUNES, PE, ENV SP
Chris Thomas, PE, QA/QC
Mark Tarrall, PE Rob Burns, PE, SE
Civil Design Project Engineer Structures Project Engineer
Civil Design
Darwin Cruz, PE
Frank Flores, PE
Electrical
Michael Greer, PE, TE
Landscape Architecture
Anthony Lawson, RLA (ADL)
Caltrans Liaison
Tim Osterkamp, PE
Structures Utility Coordination
CharlesTornaci, PE Jena Addenbrooke PE
Fortunato Enriquez, PE
Survey Architect
Lisa Henstridge Spivak, PLS (GSI)
Tim Fetting, PLS (GSI) Donald MacDonald (MA)
Geotechnical Hydrology/ Hydraulic/
Water Quality
Alaheswaran Thurairajah, PE, GE (EMI) Pamela Dalcin-Wailing,
Eric Brown, PE, GE (EMI) PE,QSD/P
Ashley Orsaba-Finders,
PE, QSD/P
Shawn Kenney, QSD/P
Subconsultants
ADL Planning Associates (ADL)
Earth Mechanics, Inc. (EMI)- DBE
Guida Surveying, Inc. (GSI)
MacDonald Architects (MA)
EXHIBIT B
SCHEDULE OF BILLING RATES
Dokken Engineering Page B-1
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FEE SCHEDULE - $919,890
NAME
DOKKEN
CATEGORY.
RATE (PER HOUR)
John Klemunes, PE, ENV SP
Project Manager
$278.49
Mark Tarrall, PE
Civil PE
$234.52
Rob Burns, PE, SE
Structures PE
$199.34
Pamela Dalcin-Walling, PE, QSD/P
Hydrology/Hydraulics/Water Qualit
$211.07
Michael Greer, PE, TE
Electrical
$184.68
Tim Osterkam , PE
Caltrans Liaison
$234.52
Senior Engineer
$196.41
Associate Engineer 2
$152.44
Associate Engineer 1
$134.85
Assistant Engineer 2
$114.33
Assistant Engineer 1
$96.74
Senior CADD
$172.96
CADD
$117.26
A SURVEYING,
CATEGORY ,
INC.
RATE (PER HOUR)
Task Lead
$175.00
2 Man Survey Crew
$275.00
Survey Analyst
$135.00
Project Surveyor
$150.00
ADL PLANNING ASSOCIATES
CATEGORY
RATE (PER HOUR)
Principal
$175.00
Landscape Lead
$140.00
Designer/Planner
$95.00
Assistant
$75.00
NAME
MACDONALD ARCHITECTS
CATEGORY
RATE (PER HOUR)
Donald MacDonald
Principal Architect
$280.00
Steve Line
PM/Senior Architect
$244.47
Eric Birkhauser
Senior Designer
$122.05
Visualization & CADD Tech
$116.23
Clerical
$84.00
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EARTH MECHANICS,
CATEGORY
INC.
RATE (PER HOUR)
Principal Engineer
$270.42
Task Lead
$146.93
Project Geologist
$139.12
Senior Technician
$125.05
Staff Engineer
$100.82
Dokken will complete the scope of work as described in Exhibit A for a not -to -exceed fee of $919,890.
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 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
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
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,
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. 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.
Dokken Engineering Page C-3
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.
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.
Dokken Engineering Page C-4
From: EXIGIS RiskWorks <notifications@riskworks.com>
Sent: Wednesday, December 04, 2019 1:04 PM
To: Reyes, Raymund
Subject: City of Newport Beach: Notice of Waiver for DOKKEN ENGINEERING
Dear Business Partner,
City of Newport Beach has completed its review of the insurance documentation submitted on behalf of
DOKKEN ENGINEERING and has waived its standard insurance requirements.
The following comments were provided: Evaluation waived by reviewer
No further action is required at this time. You will receive a renewal notice requesting the submission of
updated insurance documentation in advance of expiration.
If you have any questions, please contact EXIGIS Risk Management Services at supportgexi is.com or 800-
430-1589.
Thank you for your cooperation and timely fulfillment of this important request.
Sincerely,
EXIGIS Risk Management Services
On behalf of City of Newport Beach
800-430-1589
supporte,exi is.com
Organizational Unit: City of Newport Beach -> Public Works
Agreement Name: Superior Avenue Overcrossing and Parking Lot Project Final Design and Engineering
Agreement Number: 8020-5