HomeMy WebLinkAbout08 - Supplemental Hoag EIRCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
September 9, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: James Campbell, Senior Planner
(949) 644 -3210 jcampbell @city.newport- beach.ca.us
SUBJECT: Amendment No. 5 to Professional Services Agreement for preparation of a
Supplemental Environmental Impact Report for the Hoag Hospital Master
Plan Update project.
The City contracted with BonTerra Consulting to prepare the supplemental
Environmental Impact Report for the Hoag Hospital Master Plan Update project, which
was approved earlier this year. The agreement was amended several times to extend
the term and augment the scope of services and resulting costs.
The agreement expired in May 2008; however, prior to expiration, staff authorized
additional work to be performed by BonTerra and their subconsultants. The additional
work was necessary to complete the process. Prior approval by the City Council of an
amendment was not sought as staff and the consultant's first priority was to complete
the project and the total scope and cost of the additional work was expanding as the
hearing process unfolded. The total effort and cost was not known until after completion
of the process. The attachment outlines the additional work and cost that was
completed. The cost for these services will be the responsibility of Hoag Hospital and
they have reviewed the requested augment and have authorized payment.
RECOMMENDATION
1) Approve an Amendment to the Professional Services Agreement with BonTerra
Consulting for additional work authorized for preparation of the Hoag Hospital Master
Plan Update Supplemental Environmental Impact Report for an additional amount not to
exceed $40,355.97; and
2) Authorize City Manager to sign the amendment to the agreement.
Prepared by:
9
Jirmes Campbell, Senior P anner
Attachments:
Hoag Hospital EIR
September 9, 2008
Page 2
Submitted by:
David Lepo, Planni irector
Draft Amendment to Professional Services Agreement
AMENDMENT NO. 5
TO
PROFESSIONAL SERVICES AGREEMENT WITH
BONTERRA CONSULTING FOR PREPARATION OF A SUPPLEMENTAL EIR
FOR THE HOAG HOSPITAL MASTER PLAN UPDATE
THIS AMENDMENT NO. 5 is made and entered into as of this 131h day of November,
2007, 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. On March 9, 2005, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for
environmental consulting services for the Hoag Hospital Master Plan Update,
hereinafter referred to as "PROJECT'.
B. CITY and Consultant have entered into 4 separate Amendments of the
Agreement, the latest dated November 13, 2007.
C. CITY desires to enter into this Amendment No. 5 to reflect additional services not
included in the Agreement or prior Amendments and to extend the term of the
Agreement to November 1, 2008.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend agreement, hereinafter
referred to as "AMENDMENT NO. 5 ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
In addition to the services to be provided pursuant to the AGREEMENT and prior
AMENDMENTS, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. 5 including, but not limited to, all work set forth
in the Budget Augment attached hereto as Exhibit A and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
2. 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 to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. 5, including all
reimbursable items and subconsultant fees, shall not exceed Forth Thousand,
Three Hundred and Fifty -Five Dollars and 97/100 ($40,355.97) without prior
written authorization from City.
3. The term of the AGREEMENT shall be extended to November 1, 2008.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Aaron Harp, Assistant City Attorney
ATTEST:
LaVonne Harkless, City Clerk
Attachments:
CITY OF NEWPORT BEACH,
A Municipal Corporation
Homer Bludau, City Manager
CONSULTANT:
Title:
(Operating Officer)
Print Name:
By:
Title:
Print Name:
(Financial Officer)
Exhibit A — Letter requesting budget augment dated June 30, 2008
q
C O N 5 U L r J N G
June 30, 2008
COSTA MESA PASADENA TEMECULA
T: (7141444-9199 F: 171 4) 444 -9599 151 Katmus Drive. Suite E -200
..SonierroComuuing.com Costa Mesa, CA 92626
Mr. James Campbell VIA EMAIL AND MAIL
Senior Planner JCampbell @city.newport- beach.ca.us
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, California 92663
Subject: Request for Budget Augment for the Hoag Hospital Master Plan Update Project
Dear Mr- Campbell:
The purpose of this letter is to request a final budget augment for the Hoag Hospital Master Plan
Update Project for work completed but not billed to the City of Newport Beach (City). BonTerra
Consulting's contract with the City is for the preparation of CEQA documents for the Hoag
Master Plan Update Project. For each task, a budget was provided to the City based on the
anticipated work effort needed by BonTerra Consulting and our project team 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 Update Project, several
ongoing and new factors resulted in an expansion in our scope.
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 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. By mutual agreement of these parties, BonTerra Consulting
agreed to defer the request for this augment until the public hearings for the project were
completed to preclude the need for any additional augment requests associated with
unforeseen work efforts. The requested budget augment is provided to the City as Attachment t
to this letter.
Several factors occurred which required the BonTerra Consulting Project Team to expend
additional funds. The central factor was the controversy associated with the proposed project,
particularly related to noise and the cogeneration facility. To effectively address these issues,
the BonTerra Consulting Project Team prepared additional technical studies and analyses,
attended additional meetings and hearings, and responded to extensive comments on the Draft
EIR and as a part of the public hearing process. One of the central factors has been noise.
Extensive time continued to be expended by BonTerra Consulting's Project Team addressing
this issue with City staff, Hoag, Planning Commissioners and City Council members, and the
public. These efforts required additional technical studies and analysis associated with a change
in the project description to add a noise wall between Hoag and the Villa Balboa Condominium
Complex, and meetings. These work efforts were prepared by
BonTerra Consulting and Mestre Greve Associates.
With respect to the cogeneration facility, members of the
public raised issues related to potential health issues at the
facility. While the health risk assessment prepared by CDM
ENVIRONMENTAL PLANNING RESOURCE MANAGEMENT
f)
Mr. James Campbell
June 30, 2008
Page 2
accurately found no significant risk based on the criteria set forth by the South Coast Air Quality
Management District, additional issues were raised. CDM was directed by the City and Hoag to
research these suggested health risk issues and to address these issues during public hearings.
As with the additional noise analysis associated with the sound wall, we did not have a scope of
work to address issues related to health risk.
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: a) additional management and coordination hours with City staff, Hoag, the Project
Team, and the public; b) preparation of new technical studieslanalysis for the soundwall and
health risk; c) preparation of extensive responses to comments; c) direct costs associated with
reproduction and reference materials; and d) additional hearings.
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,
BONTjrRRA SULTING
Dana C. Privitt, AICP
Principal
Attachment 1— Budget Augment Request
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ATTACHMENT A
BUDGET AUGMENT REQUEST
1
Hoag Hospital Master Plan Amendment
Budget Augment Request
__ _____
Task Name
Original Contract
Amount
Augment No. 1
8123106
Augment No.2
1124106
Augment No. 3
08123/06
Augment No. 4'
1111310
i
Total Budget
Augment Request
Total Revised
Budget
BONTERRA CONSULTING
Task 1: Project Kick Off
$2,680.00
$0.00
$2,680.00
$0.00
$2,680.00
Task 2: Notice of Preparation/Initial Study
$9.845.00
$0.00
$9.845.00
$0.00,
$9.845.00
Task 3: ScreencheUC EIR
$55,340.00
$43.400.00
$6.300.001
$5.640.00
$0.00
$0.00
$55.340.00
Task 4: Prepare Draft EIR
$15,980.00
$7,500.00
$23.480.00
$0.00
$23,480.00
Task 5: Responses to Comments
$32,740.00
— .__..........
$32,740.00
$65,480.00
$0.00
$65,480.00
_ _ _
Task 6: Findings and Overrides
$8,595.00:
i
$8.595.00
$17,190.00
$1,567.50
__$18,757.50
Task 7: MiBgation Monitoring
57,440.001
$1,196.00
$7,440.00
$16.076.001
$490.00
$16,566.00
Task 8: Meelings and hearings"
$16,120.00
$7,000.00.
$23,120.00
$8,540.70
$31,880.70
Talc 9: Management
$21.760.00
$9.820.00
$5,000.00
$36,380.00
$7,177.50
$43,557.50
$16,500.00
BonTerca Consultlng Direct Costs
$11,500.00
$5.000.00
$155.62
$16,855.62
BonTerra Consulting Total
$170,060.00
$7,496.00
$15,260.00
$0.00
$73,275.00
$288,091.00
$17,931.32
$284,022.32
e. NAth the City's authorization. BonTerca Go sulting previously reallocated
funds between tasks.
6. Induces component of SOUndwall analysis
Task Name
Original Contract
Amount
Augment No. 1
8123106)
Augment No.2
(1124106)
Augment No.3
08123/06
Augment No. 40
11/13/07
Total Budget
Aliment Request
Total Revised
Budget
UNSCOTT LAW AND GREENSPAN
Traffic Modeling (Urban Crossroads)
$15,300.00
$8.400.00
$11,800.00
$35,500.00
$0.00
$35,500.00
Traffic Report
$79,000.00
$11,000.00
$34,500.00
$124,500.00
$0.00
$124,500.00
_
Llnscott Law and Greenspan Total
$94.300.00
$0.00
$19.400.001
$0.00
$46,300.00
$160,000.00
$0.00
$160,000.00
Task Name
Original Contract
Amount
Augment No. 1
8IMS
Augment No.2
1124/06
Augment No. 3
08123106
Augment No. 4'
11113107)
Total Budget
Augment Request
Total Revised
Budget
MESTRE GREVE A$$OCIATES
$16.000.00
$2.500.00
$2,490.00
$8,500.00
$11,340.00
$40,830.00
$11,540.00
$52.370.00
Task Name
Original Contract
Amount
Augment No. 1
8123105)
Augment No.2
1124108
Augment No. 3
(08123106)
Augment No. 4'
(11113/071
Total Budget
Augment Request
Total Revised
Budget
CDM
$64.185.00
$0.00
$0.00
$15,250.00
$79.435.00
110,884.66
$90.319.65
C ONTRACTTOTAL
$280,360.00
$74,181.00
$37,150.00
$8,500.00
$146,165.00
$546.356.00
$40,355.97'
$586,711.97
CONTINGENCY FUND: 10%
$14,616.50
$0.00
BUDGET AUGMENT TOTAL
$160,781.50
$4i,355.971
Augment-06270B.A. Summary