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HomeMy WebLinkAboutS21 - Supplemental EIR for Hoag Master Plan Update ProjectCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S21 November 13, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: James Campbell, Senior Planner Planning Department 949- 644 -3210 jcampbell @city.newport- beach.ca.us SUBJECT: Amendment to Professional Services Agreement for preparation of a Supplemental Environmental Impact Report for the Hoag Hospital Master Plan Update project. In March of 2005, the City approved a Professional Services Agreement (PSA) with Bonterra Consulting to prepare a Supplemental Environmental Impact Report (SEIR) for the Hoag Memorial Hospital Presbyterian master plan revision. The task has been ongoing since then and the subject agreement with Bonterra has been extended and augmented three times previously with Council approval as the scope of work expanded. During the last year, the scope of work increased incrementally once again as the draft supplemental environmental impact report had to be re- drafted due to changes in the project description. Bonterra was required by Staff with Hoag's approval to facilitate additional technical studies such as noise and traffic. Finally, Bonterra participated in numerous additional meetings at the request of Hoag and authorized by staff during the drafting and review of the SEIR. RECOMMENDATIONS 1)-Approve an Amendment to the Professional Services Agreement with BonTerra Consulting for additional work required for preparation of a Supplemental Environmental Impact Report for an additional amount not to exceed $160,781.50; and 2) Authorize City Manager to sign the amendment to the Professional Service Agreement. Hoag Hospital EIR November 13, 2007 Page 2 Hoag Memorial Hospital Presbyterian proposes to revise the existing "Master Plan" for the hospital campus that was originally approved in 1992. The application includes a General Plan Amendment to increase the maximum gross floor area allowable on the Hoag Upper Campus with a commensurate reduction in floor area on the Lower Campus (no net increase), various changes to the Planned Community Development Criteria and District Regulations, also known as the "Master Plan," and amendment of the existing Development Agreement adopted in 1994. Environmental Impact Report Preparation The City had an Environmental Impact Report (EIR) prepared in 1992 for the buildout of the hospital campus, which is reflected in the Land Use Element of the General Plan. In 2005, the City chose to prepare a supplement to that EIR for the application to revise the Master Plan. As noted above, Bonterra was the selected consultant and there have been several budget augmentations based upon changes to the scope of work and extensions of the term of the PSA. It is anticipated that this will be the last amendment of this agreement given that the process is drawing nearer to a conclusion with the Draft SEIR out for public review and hearings with the Planning Commission and City Council anticipated in the coming months. Attached to the amendment is a letter describing this most recent augmentation request and a table showing the original contracted amount and the prior amendments. Staff has reviewed the request and the items listed were authorized by Staff as being necessary to complete the task with the approval of Hoag. Hoag has authorized this augmentation as noted by the fact that the City has received a deposit for the amount. Funding Availability The cost for professional services for the amended PSA are the responsibility of Hoag Memorial Hospital Presbyterian. Prepared by: Submitted by: ame Campbell 0 David Lepo Senior Planner Planning Director Attachments: 1 . Draft Amendment to Professional Services Agreement Attachment A AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING FOR PREPARATION OF A SUPPLEMENTAL EIR FOR THE HOAG HOSPITAL MASTER PLAN UPDATE THIS AMENDMENT is made and entered into as of this 13th day of November, 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and BONTERRA CONSULTING, a corporation, whose address is 151 Kalmus Drive, Suite E -200, Costa Mesa, California 92626 ( "Consultant"), 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 and Consultant entered into a Professional Services Agreement (Agreement) for preparation of a Supplemental EIR for the Hoag Hospital Master Plan Update. Three Amendments to the Agreement authorizing additional work and compensation for such work and extending the term of the Agreement have been authorized by the City. C. Consultant performed certain of the duties set forth in the Agreement and was paid for such duties consistent with the Agreement. D. City desires to have Consultant complete additional duties determined necessary, in addition to all duties set forth in the Agreement and not previously completed, and to extend the term of the Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of the Agreement is extended until the 15t day of May, 2008, unless terminated earlier as set forth in the Agreement. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in Exhibit A in accordance with the terms and conditions of Agreement and prior Amendments to Agreement. 3. COMPENSATION TO CONSULTANT Consultant's compensation for all work performed in accordance with the Amended Agreement and with this Amendment, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred and Sixty Thousand, Nine Hundred and Seventy -two Dollars and 501100 ($560,972.50) without additional authorization from City. Consultant's compensation includes the Agreement amount of Two Hundred Eighty Thousand Three Hundred Sixty Dollars ($280,360), a previously - approved Amendment amount of Seventy-Four Thousand One Hundred Eighty-One Dollars ($74,181), a previously- approved Amendment amount of Thirty-Seven Thousand One Hundred Fifty Dollars ($37,150), a previously - approved Amendment amount of Eight Thousand Five Hundred Dollars ($8,500.00) and this Amendment for an additional One Hundred and Sixty Thousand Seven Hundred Eighty-One and 50/100 Dollars ($161,781.50). No billing rate changes shall be made during the term of this Amendment without the prior written approval of City. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, Aaron Harp, Assistant City Attorney ATTEST: A Municipal Corporation Homer Bludau, City Manager CONSULTANT: By: LaVonne Harkless, City Clerk Title: (Operating Officer) Print Name: M Title: (Financial Officer) Print Name: Attachments: Exhibit A — Letter requesting budget augment dated October 29, 2007 October 29, 2007 Mr. James Campbell Senior Planner City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 Subject: RECEIVED BY PLANNING DEPARTMENT OCT 31 2007 CITY OF NEWPORT BEACH VIA EMAIL AND MAIL JCampbell@city.newport-boach.ca.us Request for Budget Augment No. 4 for the Hoag Hospital Master Plan Update Project Dear Mr. Campbell: The purpose of this letter is to request a budget augment for the Hoag Hospital Master Plan project. BonTerra Consulting's contract with the City of Newport Beach is for the preparation of CEQA documents for the proposed project. For each task, a budget was provided to the City based on the anticipated work effort needed to complete each task. BonTerra Consulting, the City, and Hoag understood that unanticipated occurrences can affect a scope of services. With respect to the Hoag Master Plan project, several factors have resulted in changes in BonTerra Consulting's scope. These factors include but are not limited to staff changes within Hoag's Project Team; modification by Hoag resulting in an expansion of the scope of services for the BonTerra Consulting Project Team, and an extended project schedule. BonTerra Consulting has and continues to be committed to the City to prepare quality products in the most efficient method possible. This budget augment request includes both costs incurred to date by the BonTerra Consulting Project Team but not billed to the City for worked tasks approved by the City and Hoag; and anticipated costs associated with the completion of work tasks by our Project Team. The requested budget augment is provided to the City as Attachment A to this letter. The scope of work assumed the preparation of a Screencheck EIR, one review cycle for revisions to the Screencheck EIR, and one "proof check" Draft EIR for review by the City for final approval prior to reproduction and public distribution. At the direction of the City and Hoag, BonTerra Consulting prepared three screencheck documents for the originally proposed project, and upon Hoag's revised application to the City, we prepared a new Initial Study /Notice of Preparation, new technical reports, and several screencheck and draft documents. Mr. James Campbell October 29, 2007 Page 2 Several factors occurred during the preparation of the EIR which required the BonTerra Consulting Project Team to expend additional funds. One of the central factors has been noise: interpretation of noise compliance requirements by Hoag and the City. Extensive time has been expended by BonTerra Consulting's Project Team addressing this issue with Hoag's former Project Team and current Project Team, and with the City. These efforts have culminated in additional technical studies, a change in the project description, and a new Initial StudylNotice of Preparation. With these project and management changes, and at the directive of the City and Hoag, BonTerra Consulting prepared a revised Supplemental EIR document. The extended project schedule and expanded scope required additional work efforts beyond those assumed in BonTerra Consulting's scope of services. These additional efforts have included: (1) additional management and coordination hours with City staff, Hoag, and the Project Team; (2) preparation of new technical studies for the topics of traffic, air quality, noise, and health risk; (3) preparation of a new Screericheck EIR, second Screencheck EIR, and "proof check" EIR; (4) direct costs associated with reproduction, deliveriestpostage, and reference materials; and (5) additional Project Team meetings. The revised project is also subject to Senate Bill 18; BonTerra Consulting has assisted the City with Native American consultation. We look forward to continuing to work with the City on this challenging project. Please contact me at (714) 444 -9199 if have any questions or require additional information on the content of this letter. We would appreciate the City's expeditious review and processing of this augment. Sincerely, BO TERRA CONSULTING Dan C. Privitt, AICP Principal Attachment A cc: Cora Newman, Government Solutions, cora @govsol.com Carol McDermott, Government Solutions, carol @govsol.com FbPrO) M&MPMW00"Wg M- 102M.d= Hoag Hospltal Master Plan Update Project ATTACHMENT A HOAG HOSPITAL MASTER PLAN AMENDMENT BUDGET AUGMENT REQUEST Original Augment Augment Augment Total Contract No.1 No.2 No.3 Total Augment Revised Task Name Amount (6/23105) (1/24/06) (08/23/06) Budget Request' Budget BONTERRA CONSULTING Task 1: Project Kick Off Task.2: Notice of Preparation /Initial Study Task 3: Screencheck EIR Task 4: Prepare Draft EIR Task 5: Responses to Comments Task 6: Findings and Overrides Task 7: Mitigation Monitoring Task 8: Meetings and hearings $2;680.00 $9,845.00 $43,400.00 $6,300.00 $5,640.00 $15,980.00 $32,740.00 $8,595.00 $7,440.00 $1,196.00 $16,120.00 $2,680.00 $9,845.00 $55,340.00 $15,980.00 $32,740.00 $8,595.00 $8,636.00 $16,120.00 Task 9: Management $21,760.00 $9,620.00 $31,380.00 $5,000.00 BonTerra Consulting Direct Costs $11,500.00 $11,500.00 $5,000.00 BonTerra Consulting Total $170,060.00 $7,496.00 $15,260.60 $0.00 $192,816.00 $73,275.00 $266,091.00 " With the Gity's authorization, BonTerra Consulting has previously reallocate funds between tasks. $0.00 $0.00 $0.00 $7,500.00 $32,740.00 $8,595.00 $7,440.00 $7,000.00 R;;Mw00W O rWW81Augmr*10M7.d= A -1 &ddgetAVgment RaqueSt Master Plan HOAG HOSPITAL MASTER PLAN AMENDMENT BUDGET AUGMENT REQUEST Original Augment Augment Augment Total Contract No.1 No.2 No.3 Total Agment Revised Task Name Amount (8/23/05) (1/24106) (08/23/06) Budget Request Budget LINSCOTT LAW AND GREENSPAN Traffic Modeling (Urban Crossroads) $15,300.00 $8,400.00 $23,700.00 $11,800.00 $35,500.00 Traffic Report $79,000.00 $11,000.00 $90,000.00 $34,500.00 $124,500.00 LinscottLaw and Greenspan Total $94,300.00 $0.00 $19,400.00 $0.00 $113,700.00 $46,300.00 $160,000.00 Original Augment Augment Augment Total Contract No.1 No.2 No.3 Total Augment Revised Task Name Amount (8/23/05) (1/24/06) (08=06) Budget Request Budget MESTRE GREVE ASSOCIATES $16,000.00 $2,500.00 $2,490.00 $8,500.00 $29,490.00 $11,340.00 $40,830.00 Original Augment Augment Augment Total Contract No.1 No.2 No.3 Total Augment Revised Task Name Amount (84/13/05) (1/24106) (06/23/06) Budget Request Budget CDM $64,185.00 $0.00 $0.00 $64,185.00 $15,250.00 $79,435.00 CONTRACTTOTAL $280,360.00 $74,181.00 $37,150.00 $8,500.00 $400,191.00 $146,165.00 $546,356.00 CONTINGENCY FUND: 10% $14,616.50 BUDGET AUGMENT TOTAL $160,761.50 R.VreJMMM0nW0WAugMffl- 102907, 0