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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 a1Pio�Nkxpu0.10�Nh ,YNpr,fnnwHpn,K �aesaoeaoo r 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