HomeMy WebLinkAboutC-3760 - PSA; Preparation of a Supplemental Environmental Impact Report for the Hoag Hospital Master Plan Update projectAMENDMENT NORTO 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 24th day of January, 2006, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and
BONTERRA CONSULTING, a California 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 Updatewhose term commenced on the 8th day of March, 2005, and was to
terminate onthe 30th day of January, 2006. On August 9, 2005, an Amendment
to the Agreement authorizing additional work and compensation for such work
and extending the term of the Agreement to May 15, 2006, was approved by City
Council ( "Amendment No. 1 ").
C. Consultant performed certain of the duties set forth in the Agreement and
Amendment No. 1 and has been paid for such duties consistent with the
Agreement as amended.
D. City desires to have
necessary, in addition to
not previously completed,
Consultant complete additional duties determined
all duties set forth in the Agreement as amended and
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 318t day of August 2006 unless
terminated earlier as set forth in the Agreement.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services set forth in the Agreement,
AmendmentNo. 1 and this Amendment No. 2 including, but not limited to, all
services set forth in the Scope of Services attached hereto as Exhibit A which is
incorporated herein by this reference. The City may elect to delete certain tasks
of the Scope of Services attached hereto at its sole discretion.
3. COMPENSATIONRO CONSULTANT •
For all services of Consultant to be performed pursuant to this Amendment, the
City shall pay Consultant on a time and expense not -to- exceed basis in
accordance with the provisions of this Section, the Schedule of Compensation
attached hereto as Exhibit B and incorporated herein by reference, and the
Billing Rates;attached hereto as Exhibit C, and incorporated herein by reference.
Consultant's' compensation for all work performed in accordance with the
Agreement, Amendment No. 1, and with this Amendment No. 2, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred
Ninety-One. Thousand Six Hundred Ninety -One Dollars and no /100
($391,691.00) without additional written authorization from City. Consultant's
compensation includes the Agreement amount of Two Hundred Eighty Thousand
Three Hundred Sixty Dollars and no /100 ($280,360), Amendment No. 1 in the
amount of Seventy -Four Thousand One Hundred Eighty -One and no /100
($74,181.00), and an amount of Thirty -Seven Thousand One Hundred Fifty
Dollars and no /100 ($37,150.00) for services in accordance with this Amendment
No. 2. No billing rate changes shall be made during the term of the Agreement,
as amended, without the prior written approval of City.
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 C. Harp, Assistant City Attorn�
for the City of Newport Beach c*
CITY OF NEWPORT BEACH,
A Municipal CorporationA
Tier BlL*fau, City Manager
the City of Newport Beach
ATTEST: G NSULTANT:
/►� 4RO,,r
By �Y{,nL, I i l B
LaVonne Harkless, Kathleen Brady, Princip
City Clerk for BonTerra Consulting
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
Exhibit C- Billing Rates
• EXHIBIT "A"
SCOPE OF SERVICES
AMENDMENT NO.2
Task 1 Traffic Modeling Support Services
Urban Crossroads will provide the necessary traffic
of the two alternatives in the Environmental Impact
complete this effort,: the following work is necessary:
0
$8,400.00
modeling to support the evaluation
Report (EIR) for Hoag Hospital. To
a. Perform the: revised With Project model run, perform post -model refinements
(i.e., intersection peak hour turning movement volume and daily roadway
segment volume forecasts post - processing), and review results.
b. Perform the: Project Alternative model run, perform post -model refinements
(i.e., intersection peak hour turning movement volume and daily roadway
segment volume forecasts post - processing), and review results.
c. Perform sensitivity analysis of the With Project scenario to evaluate access
assumptions and review daily model volume results only.
Task 2 Traffic Analysis
$11,000.00
Once the traffic modeling data is available from Urban Crossroads, Linscott, Law and
Greenspan (LLG) will incorporate the analysis into the traffic report. To ensure the traffic
report has the appropriate analysis required for the EIR, LLG has identified three
primary tasks.
a. Review and incorporate the updated forecasts from Urban Crossroads, and redo
the traffic impact analysis based on those refined forecasts.
b. Develop tripgeneration estimates and complete a traffic impact analysis for the
project alternative.
c. Incorporate the project alternative into the report and develop pertinent tables
and figures for the project alternative's inclusion in the report.
Task 3 Air Quality and Noise Analysis
$2,490.00
Mestre Greve Associates will be responsible for analyzing the additional alternative for
potential air quality: and noise impacts. In addition, Mestre Greve Associates did not
originally budget for team meetings. They have attended three meetings on the project
to date. In addition; it is anticipated that their participation may be required at up to two
more meeting.
A -3
Task 4 Alternatives A• sis • $5,640.00
The original scope of work for the Supplemental EIR assumed no evaluation of
alternatives. Based! on the discussion at the team meetings, the EIR will now evaluate
an alternative that transfers 150,000 square feet from the Lower Campus to the Upper
Campus. Since theme will now be an alternatives section of the Supplemental EIR, it is
also recommended: that there be a brief discussion of the No Project Alternative. No
new analysis is proposed for the No Project Alternative. The findings from the Final EIR
will be used as the basis for this analysis. This task assumes 32 hours of the Associate
Principal and eight hours for the Principal/Project Manager.
Task 5 Management $99620.00
The additional work effort and previous delays have extended the project schedule by
approximately six months. As a result, there will be additional management time
associated with the proposed project. An average of two hours a week is assumed by
the Project Manger during this time period.
TOTAL PROFESSIONAL FEES AND DIRECT EXPENSES 37, 950.00
A -4
• •
EXHIBIT "B"
SCHEDULE OF COMPENSATION — AMENDMENT NO.2
Task 1 Traffic Modeling Support Services
Task 2 Traffic Analysis
Task 3 Air Quality. and Noise Analysis
Task 4 Alternatives Analysis
Task 5 Management
Total Amendment Request
$ 8,400.00
11,000.00
2,490.00
5,640.00
$ 9.620.00
$37,150.00
• •
EXHIBIT "C"
BILLING RATES (HOURLY)
BonTerra
2004 -2005 FEE SCHEDULE
PROFESSIONAL CLASSIFICATION
HOURLYBILLING RATE
Principal
$135 -200
Associate Principal
120 -150
Biological/Environmental Manager
110 -130
Senior Planner /Senior Project Manager
105 -125
Senior Ecologist/Senior Restoration Ecologist
95-110
Project Manager
90 -105
Cultural Resources Manager
95 -100
Senior Biologist/Biological Project Manager
80 -95
GIS Specialist
80 -90
Planner /Assistant Project Manager
60 -90
Field Monitor
65 -90
Ecologist
55 -80
Graphic Artist
65 -80
Project Assistant
60 -70
Administrative Assistant
60 -65
Reimbursable Costs
Mileage $0.38 per mile
Copying /Reprographics cost plus 10%
Delivery/Overnight Mail cost plus 10%
Other out -of- pocket expenses cost plus 10%
Subconsultants cost plus .10%
• � C3g�tOJ —�jJlc
C. -3r) �0'0
• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
January 24, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY
FROM: Patricia Temple, Planning Director I JM a 4 2006
949/644 -3228 ptemple @city.newport- beach.ca.us I APPROVE
SUBJECT: Amendment to Professional Services Agreement for preparation of a
Supplemental Environmental Impact Report for the Hoag Hospital Master
Plan Update project.
. 1) Approve an Amendment to the Professional Services Agreement with BonTerra
Consulting of Costa Mesa, California, for additional work required for preparation of a
Supplemental Environmental Impact Report for an additional amount not to exceed
$37,150; and
2) Authorize City Manager to sign Agreements.
DISCUSSION:
Hoag Memorial Hospital Presbyterian proposes to revise the Master Plan for the
hospital campus that was approved in 1992. The application for revision of the Hoag
Hospital Master Plan includes requests for approval of an Amendment to the General
Plan Land Use Element (Hoag Hospital Area), a Planned Community Development Plan
Amendment, and amendment of the Development Agreement.
Environmental Impact Report Preparation
The Environmental Impact Report (EIR) prepared in 1992 for the existing Hoag Master
Plan required updating in conjunction with revision of the Master Plan. On March 8,
2005, the City Council approved a Professional Services Agreement with BonTerra
Consulting of Costa Mesa in the amount of $280,360 for preparation of a Supplemental
EIR for the revised Master Plan. The contract is due to expire on May 15, 2006.
BonTerra Consulting, City staff, and Hoag Hospital representatives subsequently
agreed that additional analysis of potential noise impacts and a Health Risk Assessment
• • Hoag Hospital EIR
January 24, 2006
Page 2
associated with operation of additional generators were required. On August 9, 2005,
City Council approved an Amendment to the Professional Services Agreement for an
additional $74,181.
Since approval of the Amendment to the Professional Services Agreement, Hoag
Hospital has requested that an alternative to the project originally proposed also be
analyzed in the Supplemental EIR. A Scope of Work for the additional tasks necessary
for this alternative is included in the "Second Amendment to Professional Services
Agreement' (Attached). Because of previous delays and the additional tasks, the
Second Amendment includes an extension of the contract expiration date to August 31,
2006. The additional tasks and associated costs are summarized as follows:
Task 1 Traffic Modeling Support Services $ 8,400
Task 2 Traffic Analysis 11,000
Task 3 Air Quality and Noise Analysis 2,490
Task 4 Alternatives Analysis 5,600
Task 5 Management 9,620
Amendment Total $37,150
Staff has reviewed the Scope of Work for additional tasks needed for evaluation of the
project alternative in the Supplemental EIR and believes it is adequate to meet or exceed
the minimum requirements set forth by the California Environmental Quality Act. The fees
for tasks described in the Scope of Work have been reviewed by staff and are considered
appropriate and warranted.
Funding Availability:
The cost for professional services for the original contract and for this Amendment to
the contract will be the responsibility of Hoag Memorial Hospital Presbyterian.
Submitted by:
Prepared by:
a
AA /Um
PATRICIA TEMPL 'DAVID EPO
Planning Director Hogle- Ireland, Inc.
Project Planner
i
0
Attachments: 1. Draft Amendment to Professional Services Agreement 40
u
0
0
AMENDMENT* PROFESSIONAL SERVICES AAEMENT 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 24th day of January, 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 whose term commenced on the 81h day of March, 2005, and was to
terminate on the 301h day of January, 2006, and an Amendment to the
Agreement authorizing additional work and compensation for such work and
extending the term of the Agreement to May 15, 2006, was approved by City
Council on August 9, 2005.
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 31St day of August 2006 unless
terminated earlier as set forth in the Agreement.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached to the Agreement, all services described in the Scope of
Services attached to an Amendment and all the services described in the Scope
of Services attached hereto as Exhibi t
The City may elect to delete certain
hereto at its sole discretion.
A -1
A and incorporated herein by reference.
tasks of the Scope of Services attached
5
3. COMPENSATIO10O CONSULTANT •
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section, the Schedule of .
Compensation attached to the Agreement as Exhibit B and the Schedule of
Compensation attached hereto as Exhibit B and incorporated herein by
reference, and the Billing Rates attached to the Agreement as Exhibit C and the
Billing Rates attached hereto as Exhibit C, and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with the
Agreement and with this Amendment, including all reimbursable items and
subconsultant fees, shall not exceed Three Hundred Ninety-One Thousand Six
Hundred Ninety -One Dollars and no /100 ($391,691.00) without additional
authorization from City. Consultant's compensation includes the Agreement
amount of Two Hundred Eighty Thousand Three Hundred Sixty Dollars and
no /100 ($280,360), a previously- approved Amendment amount of Seventy-Four
Thousand One Hundred Eighty -One and no /100 ($74,181), and an amount of
Thirty -Seven Thousand One Hundred Fifty Dollars and no /100 ($37,150) for
services in accordance with this Amendment No. 2. 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,
A Municipal Corporation
By:
Robin Clauson, City Attorney Homer Bludau, City Manager
for the City of Newport Beach for the City of Newport Beach
ATTEST: CONSULTANT:
By: By:
LaVonne Harkless, Kathleen Brady, Principal
City Clerk for BonTerra Consulting
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
Exhibit C- Billing Rates
•
A -2
11
EXHIBIT "A"
SCOPE OF SERVICES
AMENDMENT NO. 2
Task 1 Traffic Modeling Support Services
0
$8,400.00
Urban Crossroads will provide the necessary traffic modeling to support the evaluation
of the two alternatives in the Environmental Impact Report (EIR) for Hoag Hospital. To
complete this effort, the following work is necessary:
a. Perform the revised With Project model run, perform post -model refinements
(i.e., intersection peak hour turning movement volume and daily roadway
segment volume forecasts post - processing), and review results.
b. Perform the Project Alternative model run, perform post -model refinements
(i.e., intersection peak hour turning movement volume and daily roadway
segment volume forecasts post - processing), and review results.
c. Perform sensitivity analysis of the With Project scenario to evaluate access
assumptions and review daily model volume results only.
Task 2 Traffic Analysis $11,000.00
Once the traffic modeling data is available from Urban Crossroads, Linscott, Law and
Greenspan (LLG) will incorporate the analysis into the traffic report. To ensure the traffic
report has the appropriate analysis required for the EIR, LLG has identified three
primary tasks.
a. Review and incorporate the updated forecasts from Urban Crossroads, and redo
the traffic impact analysis based on those refined forecasts.
b. Develop trip generation estimates and complete a traffic impact analysis for the
project alternative.
c. Incorporate the project alternative into the report and develop pertinent tables
and figures for the project alternative's inclusion in the report.
Task 3 Air Quality and Noise Analysis
$2,490.00
Mestre Greve Associates will be responsible for analyzing the additional alternative for
potential air quality and noise impacts. In addition, Mestre Greve Associates did not
originally budget for team meetings. They have attended three meetings on the project
to date. In addition, it is anticipated that their participation may be required at up to two
more meeting.
A -3
Task 4 Alternatives Alysis • $5,640.00
The original scope of work for the Supplemental EIR assumed no evaluation of
alternatives. Based on the discussion at the team meetings, the EIR will now evaluate
an alternative that transfers 150,000 square feet from the Lower Campus to the Upper
Campus. Since there will now be an alternatives section of the Supplemental EIR, it is
also recommended that there be a brief discussion of the No Project Alternative. No
new analysis is proposed for the No Project Alternative. The findings from the Final EIR
will be used as the basis for this analysis. This task assumes 32 hours of the Associate
Principal and eight hours for the Principal/Project Manager.
Task 5 Management $9,620.00
The additional work effort and previous delays have extended the project schedule by
approximately six months. As a result, there will be additional management time
associated with the proposed project. An average of two hours a week is assumed by
the Project Manger during this time period.
TOTAL PROFESSIONAL FEES AND DIRECT EXPENSES
A -4
37,150.00
•
•
0
0
0
• EXHIBIT "B" •
SCHEDULE OF COMPENSATION — AMENDMENT NO. 2
Task 1 Traffic Modeling Support Services $ 8,400.00
Task 2 Traffic Analysis 11,000.00
Task 3 Air Quality and Noise Analysis 2,490.00
Task 4 Alternatives Analysis 5,640.00
Task 5 Management $ 9.620.00
Total Amendment Request $37,150.00
B-1
1
C�
EXHIBIT "C"
BILLING RATES (HOURLY)
BonTerra
2004 -2005 FEE SCHEDULE
PROFESSIONAL CLASSIFICATION
HOURLYBILLING RATE
Principal -
$135 -200
Associate Principal
120 -150
Biological /Environmental Manager
110 -130
Senior Planner /Senior Project Manager
105 -125
Senior Ecologist/Senior Restoration Ecologist
95 -110
Project Manager
90 -105
Cultural Resources Manager
95 -100
Senior Biologist/Biological Project Manager
80 -95
GIS Specialist
80 -90
Planner /Assistant Project Manager
60 -90
Field Monitor
65 -90
Ecologist
55 -80
Graphic Artist
65 -80
Project Assistant
60 -70
Administrative Assistant
60 -65
Reimbursable Costs
Mileage $0.38 per mile
Copying /Reprographics cost plus 10%
Delivery/Overnight Mail cost plus 10%
Other out -of- pocket expenses cost plus 10%
Subconsultants cost plus 10%
0
0
0
BY THE
CRY OF N
1005
Ob
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. s
August 23, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Patricia Temple, Planning Director
949/644 -3228 ptemple @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.
1) Approve an Amendment to the Professional Services Agreement with BonTerra
Consulting of Costa Mesa, California, for additional work required for preparation of a
Supplemental Environmental Impact Report for an additional amount not to exceed
$74,181; and
2) Authorize City Manager to sign Agreement.
DISCUSSION:
Hoag Memorial Hospital Presbyterian proposes to revise the Master Plan for the
hospital campus that was approved in 1992. The application for revision of the Hoag
Hospital Master Plan includes requests for approval of an Amendment to the General
Plan Land Use Element (Hoag Hospital Area), a Planned Community Development Plan
Amendment, and amendment of the Development Agreement.
Environmental Impact Report Preparation
Certain sections of the Environmental Impact Report (EIR) prepared in 1992 for the
existing Hoag Master Plan are applicable to the proposed Master Plan update. Other
sections require updating and revision. As a result, a Supplemental EIR was
determined to be the appropriate document for complying with requirements of the
California Environmental Quality Act relative to the Master Plan revision. On March 8,
2005, the City Council approved a Professional Services Agreement with BonTerra
• • Hoag Hospital EIR
August 9, 2005
Page 2
Consulting of Costa Mesa in the amount of $280,360 for preparation of a Supplemental
EIR. In the course of preparing the Supplemental EIR, BonTerra Consulting, City staff,
and Hoag Hospital representatives agreed that additional analysis of potential noise
impacts and a Health Risk Assessment associated with operation of additional
generators at the electricity cogeneration facility were required.
A Scope of Work for the additional tasks necessary to complete the Supplemental EIR
is included in the "Amendment to Professional Services Agreement' (Attached). As
subconsultants to BonTerra Consulting, Mestre Greve Associates will be responsible for
the additional noise analysis and Camp Dresser McKee will prepare the Health Risk
Assessment. The Scope of Work includes BonTerra's costs for incorporating the
subconsultants' analyses into the Supplemental EIR and for additional costs incurred in
preparation of the Notice of Preparation of the Supplemental EIR. The additional tasks
and associated costs are summarized as follows:
Health Risk Assessment $69,785
Noise Analysis 3,200
Notice of Preparation 1.196
$74,181
Staff has reviewed the Scope of Work for additional tasks necessary to complete the
Supplemental EIR and believes it is adequate to meet or exceed the minimum
requirements set forth by the California Environmental Quality Act. The fees for tasks
described in the Scope of Work have been reviewed by staff and are considered
appropriate and warranted.
Funding Availability:
The cost for professional services for the original contract and for this Amendment to
the contract will be the responsibility of Hoag Memorial Hospital Presbyterian.
Submitted by: Prepared by:
pa"(ik 64
PATRICIA TEMPILE
Planning Director
DAVID LEPO
Hogle- Ireland, Inc.
Project Planner
Attachments: 1. Draft Amendment to Professional Services Agreement
01 0
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 23th day of August,
2005, 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 whose term commenced on the eh day of March,
2005, and is to terminate on the 30th day of January, 2006.
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.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of the Agreement is extended until the 15th day of May 2006 unless
terminated earlier as set forth in the Agreement.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope
of Services attached to the Agreement and all the services described in
the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference. The City may elect to delete certain tasks of the
Scope of Services attached hereto at its sole discretion.
0 0
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section, the
Schedule of Compensation attached to the Agreement as Exhibit B and
the Schedule of Compensation attached hereto as Exhibit B and
incorporated herein, by reference, . and the Billing Rates attached to the
Agreement as Exhibit C and the Billing Rates attached hereto as Exhibit
C, and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with the
Agreement and with this Amendment, including all reimbursable items and
subconsultant fees, shall not exceed Three Hundred Fifty -Four
Thousand Five Hundred Forty-One Dollars and no /100 ($354,541)
without additional authorization from City. Consultant's compensation
includes the Agreement amount of Two Hundred Eighty Thousand Three
Hundred Sixty Dollars and no /100 ($280,360) and the Amendment amount
of Seventy-Four Thousand One Hundred Eighty -One and no /100
($74,181) for services in accordance with this Amendment. 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:
Robin Clauson, City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Homer Bludau, City Manager
for the City of Newport Beach
CONSULTANT:
By:
Kathleen Brady, Principal
for BonTerra Consulting
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
Exhibit C- Billing Rates
2
0 0
EXHIBIT "A"
SCOPE OF SERVICES
Additional work effort is required in three technical areas: a health risk assessment, additional
noise and air quality assessment, and the mitigation monitoring.
Health Risk Assessment
The NOP identifies that long -term air emissions would be associated with increased vehicular
traffic and activities on the project site, including combustion of natural gas and generation of.
electricity. The first phase of the cogeneration facility is being constructed with three
generators, providing 4.5 megawatts, as well as a boiler. The cogeneration facility design
provides for a future expansion, which would include an additional three generators providing
another 4.5 megawatts. These pieces of equipment would require Air Quality Management
District (AQMD) permits. Based on discussion with the South Coast AQMD (SCAQMD) staff, a
health risk assessment would be required prior to issuance of permits for this equipment. While
the project is not requesting construction level approvals, it is a reasonably foreseeable action
and should be included in the EIR analysis. The following scope of work would be completed by
CDM; however, BonTerra Consulting requires an additional 32 hours of staff time for
coordination with SCAQMD, and review and summarization of the technical report. BonTerra
Consulting's cost for this effort would be $5,600.00.
Task 1 — Review of Existing Documentation and Data
Prior to developing the Air Toxics HRA Modeling Protocol, existing documentation and data will
be reviewed. The type of information anticipated to be available for review would include
existing SCAQMD permits for similar units at the hospital, the Draft EIR that this document
supplements, topographical maps of the hospital and surroundings, available meteorological
data, and surrounding area Land Use Plans. The costs associated with this task are $2,780.
Task 2 — Prepare Air Toxics HRA Modeling Protocol
The modeling protocol will define the methods and data that will be used in developing emission
inventories, conducting air dispersion analyses, and evaluating health risks associated with on-
site source operations and modifications. It is assumed that the models used will include the
U.S. EPA ISCST3 dispersion model. One meeting with regulatory agencies (SCAQMD, at
least) is included to obtain comments and agency buy -in to the modeling methodology. One
iteration of the protocol is included to incorporate comments from the SCAQMD. The costs
associated with this task are $4,170.
Task 3 — Prepare Toxic Air Pollutant Emission Inventories
Toxic pollutant emission inventories will be developed by applying speciation profiles for
organics and particulate matter to the natural gas engine ROG emission inventories. The
appropriate speciation profile for each source or source group will be defined in the modeling
protocol developed under Task 2. The costs for this task are $6,820.
Task 4 — Conduct Air Dispersion Modeling of Toxic Air Contaminants
The emissions of toxic organic compounds will be analyzed using ISCST3, as described in the
modeling protocol, to estimate annual average ground level concentrations. It is assumed that
approximately up to five (5) toxic compounds will need to be analyzed. The receptors to be
analyzed will include several on -site locations that represent occupational exposure points, and
approximately 200 receptors located at the hospital boundary and beyond to assess impacts to
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residential, school child, off -site worker, and other sensitive receptor locations. No more than
220 receptors will be analyzed for this HRA. The costs for this task are $8,400.
Task 5 — Conduct Human Health Risk Assessment
The potential incremental chronic cancer risks and non - cancer hazards associated with two (2)
future scenarios for the set of critical receptors determined from Task 5 (fenceline, maximum
exposed individuals (MEI) on- and offsite, school children) will be estimated. Incremental risks
and hazards reflect the increase or decrease of potential exposure of project and no project
scenarios relative to existing baseline. The HRA will be conducted following OEHHA guidance.
Construction sources are not currently included in the scope of this HRA. The costs associated
with this task are $15,020.
Task 6 — Narrative Cumulative Impacts Assessment
The potential effects of nearby projects that are reasonably foreseeable and expected to occur
during the same time period as that analyzed for this Hoag Hospital project will be discussed. It
is assumed that BonTerra will have previously identified those projects that are to be included in
the cumulative impacts analysis, and that sufficient documentation exists for these other
projects to identify their potential impacts to air quality and health risks without additional
emissions or dispersion modeling analyses. The costs associated with this task are $5,080.
Task 7 — Documentation
The findings of the Air Toxic HRA will be reported in appropriate sections of the DSEIR. It is
assumed that one preliminary draft of the sections will be submitted to BonTerra and hospital
staff for review and comment, and the comments will be incorporated into final sections to be
included in the DSEIR. Also, included is a collection of referenced documents (or portions
thereof) for the Administrative Record. Documentation necessary to complete the Final EIR,
Response to Comments, and /or Errata to the DSEIR are not included in the cost estimate. No
other revisions of the DSEIR sections, except as described above, are included with this scope
and cost estimate. The costs associated with this task are $15,885.
Task 8 — Meetings and Hearings
It is assumed that one (1) CDM representative will attend meetings, participate in conference
calls, and attend one (1) public hearing. These meetings and associated preparation time are
assumed to consume no more than 20 hours. It is anticipated that no more than four (4)
meetings and four (4) conference calls will be needed. The costs for this task are $6,030.
Noise Monitorina /Air Quality Assessment
Based on the comments received on the NOP, additional noise readings and odor analysis are
warranted to address the concerns of several members of the public regarding existing
operations. Specifically, the concerns with associated with the operations on the hospital
loading dock. . While these would not be project impacts pursuant to the California
Environmental Quality Act, it is recommended that these issues be evaluated in the noise
technical report and incorporated into the SEIR as part of the existing conditions discussions.
This would ensure that there is sufficient data available at the time of the public hearings on the
project to address their concerns. The additional monitoring would be an augment to Mestre
Greve Associates current scope of work. Given the additional complexities of the technical
report, BonTerra Consulting is assuming an additional four hours of staff time for coordination
and addressing the additional noise analysis.
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Task 1— Characterization
The first step will be to provide a characterization of these operations in terms of when they
occur, their duration, and their frequency. Further, we can perform an odor assessment for the
pumping operations at the same time measurements are performed. At least one pumping
event should be observed with noise measurements. Measurements of noise generated by the
sterilizer and box crusher should be relatively easy to perform with the cooperation of the
Hospital. Measurements of loading dock operations are more difficult due to the variability of
activity. Likely, several measurements at different times of the day and night will be required. A
more general characterization of the activity will require more and longer noise measurement
periods. Assuming the pump measurements will need to occur on the weekend, and the
loading dock activities will require approximately four hours of daytime, including one weekend,
and approximately two hours of evening /nighttime measurements the approximate cost for
assessing the noise impacts of these existing activities is $2,500.
Mitigation Monitoring
The scope of work assumed that .one set of revisions would be required for the Notice of
Preparation. The internal review process for the NOP was extended while the specifics of the
project were negotiated by the City and Hoag Hospital. In addition, as part of that effort a
review of all the existing mitigation measures was incorporated into the NOP. As a result,.
multiple versions of the document were prepared. The additional time spent on the NOP was
allocated to the Mitigation Monitoring and Reporting Program (MMRP). To ensure sufficient
funds for the ultimate preparation of the MMRP, an additional 7.9 hours of staff time is being
budgeted for the MMRP task.
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HOAG HOSPITAL MASTER PLAN
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT SCHEDULE
The coordination process on the project, specifically associated with the traffic analysis has
taken longer than expected. As a result the overall project schedule has been extended. The
following represents the current schedule for the project.
TASK
Previous
Schedule
Revised
Schedule 7/25105
Project Description and Approach Finalized—
2/25/2005
2/25/2005
Scope of Work determined to be acceptable
3/1/2005
3/1/2005
Submittal of Draft NOP for City review
3/1/2005
311/2005
City provides comments on Draft NOP
318/2005
3/8/2005
Revisions to NOP made and resubmitted to the City
3/15/2005
3/15/2005
City approval of NOP for distribution
3/17/2005
4/1312005
NOP distributed 30 -day comment period
3118/2005
4/15/2005
Traffic modeling completed by Urban Crossroads
4/8/2005
July 22, 2005
Visual simulations provided by Hoag Hospital
4/8/2005
not necessary
NOP 30-day comment period ends
4/1812005
5/1812005
Traffic data provided to Mestre Greve Associates
8/23/2005
Traffic technical study submitted
5/20/2005
8/30/2005
City provides comments on the draft traffic report
6/3/2005
916/2005
Revise traffic report completed
6/17/2005
9/13/2005
Screencheck EIR (w /o HRA) with appendices submitted
6/30/2005
9/27/2005
Preliminary Draft of HRA submitted
10/11/2005
City provides comments on the SEIR
7/14/2005
10/11/2005
City provides comments on HRA
10/18/2005
Revised Screencheck EIR submitted to City
7/2812005
11/1/2005
City provides comments on revised SEIR
8/2/2005
11/8/2005
Administrative Draft Supplemental EIR submitted
8/9/2005
11/14/2005
Approval to print SEIR
8/11/2005
11/15/2005
SEIR printed and distributed
8/15/2005
11118/2005
Public Review period ends
9/29/2005
1/3/2006
Preliminary responses to comments submitted
10/18/2005
1/24/2006
City provides comments on responses
10/25/2005
1/31/2006
Draft Mitigation Monitoring and Findings submitted
10/25/2005
1/31/2006
Revised responses to comments submitted
10/31/2005
2/7/2006
Comments on MMP and Findings provided
10/31/2005
2/7/2006
Responses finalized
11/3/2005
2/13/2006
Planning Commission hearing
Nov. 2005
late Feb. 2006
City Council
Dec. 2005
March -06
EXHIBIT B
SCHEDULE OF COMPENSTATION
Health Risk Assessment
CDM $64,185.00
BonTerra Consulting 5.600.00
HRA Total $69,785.00
Noise Analysis
Mestre Greve Associates $ 2,500.00
BonTerra Consulting staff time 700.00
Noise Total $ 3,200.00
Mitigation Monitoring
BonTerra Consulting staff time $ 1,196.00
TOTAL AMENDMENT REQUEST $74,181.00
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EXHIBIT C
BILLING RATES (HOURLY)
E
The billing rates for BonTerra Consulting and Mestre Greve Associates, have not
changed from the original contract. CDM is being added to the contract. The following
rates apply:
CATEGORY
RATE
Staff Labor
Per Hour
Officer
$200.00
Principal/Associate
$175.00 - $190.00
Senior Professional
$155.00- $160.00
Professional))
$130.00 - $135.00
Professional)
$110.00 - $115.00
Senior Designer
$100.00 4110.00
Designer/Technician
$85.00 - $90.00
Project Support
$65.00 - $70.00
Contract Administrator
$85.00 - $90.00
Miscellaneous Ex enses
Auto Milea a
Current IRS Rate
Computer Time - AutoCAD
$12.00 /1-lour
Reproduction — B &W
$0.10 /Pa e
Reproduction - Color
$1.00 /Pa e
Outside Services
Cost +10%
Materials & Other Expenses
Cost +10%
• a . . N10
PROFESSIONAL SERVICES AGREEMENT WITH
BONTERRA CONSULTING FOR PREPARATION OF A SUPPLEMENTAL EIR
FOR THE HOAG HOSPITAL MASTER PLAN UPDATE
THIS AGREEMENT is made and entered into as of this 8th day of March, 2005,
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 is planning to prepare a Supplemental Environmental Impact Report
(EIR) in conjunction with the proposed Hoag Hospital Master Plan Update.
C. City desires to engage Consultant to prepare a Supplemental
Environmental Impact Report ( "Project ").
D. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this
Agreement.
E. The principal member of Consultant for purposes of Project, shall be
Kathleen Brady.
F. 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 above written date, and
shall terminate on the 30th day of January, 2006, 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
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reference. The City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
3. TIME OF PERFORMANCE
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. The failure by Consultant to strictly
adhere to the schedule may result in termination of this Agreement by -
City.
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 to the other party so
that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant
shall respond in the most expedient and appropriate manner under
the circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not-to-
exceed basis in accordance with the provisions of this Section, the
Schedule of Compensation attached hereto as Exhibit B, and the Billing
Rates attached hereto as Exhibit C, both 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 Hundred Eighty Thousand
Three Hundred Sixty Dollars and no /100 ($280,360) without additional
authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.1 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.
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City shall pay Consultant no later than thirty (30) days after
approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred
by Consultant:
A. The actual costs of subconsultants for performance of any of
the services that Consultant agrees to render pursuant to
this Agreement, which have been approved in advance by
City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant
in the performance of this Agreement.
4.3 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 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 C.
5. PROJECT MANAGER
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 Kathleen Brady 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.
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.
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6. ADMINISTRATION
This Agreement will be administered by the Planning Department.
Patricia Temple shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator
or his/her authorized representative shall represent City in all matters
pertaining to the services to be rendered pursuant to this Agreement. In
performing duties set forth in the Scope of Services in Exhibit 'W',
Consultant shall report to, coordinate with, receive direction from, and be
responsive to David Lepo, Senior Project Manager for Hogle- Ireland, Inc.
under separate contract with City, as an authorized representative of the
Project Administrator.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to
coordinate the required bid documents with City's reproduction
company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
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. All services shall be performed by qualified and
experienced personnel who are not employed by City, nor have any
contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall
obtain all licenses, permits, qualifications, insurance and approvals
of whatsoever nature that are legally required of Consultant to
practice its profession. Consultant further represents and warrants
to City that Consultant shall, at its sole cost and expense, keep in
effect or obtain at all times during the term of this Agreement, any
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and all licenses, permits, insurance and other approvals that are
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, or 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
To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions,
officers, agents and employees (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,
attorney's fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims "), which may arise
from or in any manner relate (directly or indirectly) to any work performed
or services provided under this Agreement (including, without limitation,
defects in workmanship or materials and /or design defects [if the design
originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly
or indirectly by any of them or for whose acts they may be liable or any or
all of them).
Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim
arising from the sole negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any
award of attorney's 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
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• •
expressed terms of this Agreement. 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 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 and/or
his /her duly authorized designee 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, a policy or policies of
liability insurance of the type and amounts described below and in a form
satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the
insurance coverage required herein. Insurance certificates must be
approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of
insurance shall be kept on file with City's at all times during the
term of this Agreement.
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B. Signature. A person authorized by the insurer to bind coverage on
its behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall
maintain Workers' Compensation Insurance and Employer's
Liability Insurance for his or her employees in accordance
with the laws of the State of California. In addition,
Consultant shall require each subcontractor to similarly
-maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with the laws of the State
of California for all of the subcontractor's employees. Any
notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of
non - payment of premium) prior to such change. The insurer
shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising
from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain
commercial general liability insurance in an amount not less
than one million dollars ($1,000,000) per occurrence for
bodily injury, personal injury, and property damage, including
without limitation, contractual liability. If commercial general
liability insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this
Agreement, or the general aggregate limit shall be at least
twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property
damage for all activities of the Consultant arising out of or in
connection with work to be performed under this 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 for each
occurrence.
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iv. Professional Errors and- Omissions Insurance. Consultant
shall maintain professional errors and omissions insurance,
which covers the services to be performed in connection
with this Agreement in the minimum amount of one million
dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability
insurance policy shall be endorsed with the following specific
language:
The City, its elected or appointed officers, officials,
employees, agents and volunteers are to be covered as
additional insureds with respect to liability arising out of work
performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as
respects to City, its elected or appointed officers, officials,
employees, agents and volunteers as respects to all claims,
losses, or liability arising directly or indirectly from the
Consultant's operations or services provided to City. Any
insurance maintained by City, including any self- insured
retention City may have, shall be considered excess
insurance only and not contributory with the insurance
provided hereunder.
iii. This insurance shall act for each insured and additional
insured as though a separate policy had been written for
each, except with respect to the limits of liability of the
insuring company.
iv. The insurer waives all rights of subrogation against City, its
elected or appointed officers, officials, employees, agents
and volunteers.
V. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to City, its elected or
appointed officers, officials, employees, agents or
volunteers.
vi. The insurance provided by this policy shall not be
suspended, voided, canceled, or reduced in coverage or in
limits, by either party except after thirty (30) calendar days
(10 calendar days written notice of non - payment of
premium) written notice has been received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claim made or suit instituted arising out of or
resulting from Consultant's performance under this. Agreement.
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G. Additional 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.
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 cotenancy, 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.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by
City to perform work on this Project are identified in Exhibit A. Consultant
shall be fully responsible to City for all acts and omissions of the
subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and 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.
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
Each and every report, draft, map, record, plan, document and other
writing produced (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. Consultant shall, at Consultant's expense,
provide such Documents to City upon prior written request.
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
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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.
18. 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 authorizes in writing the release of
information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including
costs, for infringement of any United States' letters patent, trademark, or
copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work 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 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.
21. 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 his /her 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
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during the time period, from the date of withholding of any amounts found
to have been improperly withheld.
22. 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 paragraph is intended to limit City's rights under any other
sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject. to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be
materially affected by the work performed under this Agreement, and (2)
prohibits such persons from making, or participating in making, decisions
that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the
Act. 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.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms
of this Agreement shall be given in writing, to City by Consultant and
conclusively shall be deemed served when delivered personally, or on the
third business day after the deposit thereof in the United States mail,
postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Attn: Patricia Temple
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949- 644 -3200
Fax: 949 -644 -3229
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All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attn: Kathleen Brady
BonTerra Consulting
151 Kalmus Drive, Suite E -200
Costa Mesa, CA 92626
Phone: (714) 444 -9199
Fax: (714) 444 -9599
26. TERMINATION
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
parry 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, the non - defaulting party may terminate the Agreement
forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by
giving 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.
27. 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.
28. 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.
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29. 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. 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.
31. 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.
32. 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.
33. 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.
33. 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 of race, religion, color; national origin, handicap,
ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
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APPROVED AS TO FORM:
0
CITY OF NEWPORT BEACH,
A Municipal Corporation
JOULMWA
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
Exhibit C - Billing Rates
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EXHIBIT "A"
SCOPE OF SERVICES
Proiect Understanding
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The City of Newport Beach prepared Program Environmental Impact Report
(EIR) 142 for the Hoag Hospital Master Plan and Supplemental Draft EIR in
1992. The CEQA Guidelines identify a Program EIR as "an EIR which may be
prepared on a series of actions that can be characterized as one large project
and are related either:
(1) Geographically,
(2) Logical parts in the chain of contemplated actions,
(3) In connection with issuance of rules, regulations, plans, or other
general criteria to govern the conduct of a continuing program, or
(4) As individual activities carried out under the same authorizing
statutory or regulatory authority and having generally similar
environmental effects which can be mitigated in similar ways."
Program EIR 142 addressed the implementation of the Hoag Hospital Master
Plan, the associated Planned Community Development Plan (PCDP), and
District Regulations and Development Agreement. The project site is divided
into two major planning areas known as the Upper and Lower Campuses, which
are divided roughly along the Coastal Zone boundary. The City has approved up
to 577,889 square feet of development in the lower campus portion of the project
and up to 756,349 square feet of development on the upper campus. The first
two phases of development on the project site have been completed.
Approximately 32 percent of the approved square footage for the Lower Campus
and 91 percent of the Upper Campus approved square footage is existing onsite;
however, the approved project provided for demolition of existing structures and
new development. Future phases for the Lower Campus would provide for an
expanded and relocated childcare center, new Outpatient Building, and a new
medical office building.
The project proposes a General Plan Amendment and PCDP and District
Regulations Amendment to allow a reallocation of square footage from the
Lower Campus to the Upper Campus. A total of 225,000 square feet of
development would be reallocated for development within the Upper Campus.
With the reallocation of square footage from the Lower Campus to the Upper
Campus, the secondary access point off of Superior Avenue would be
considered an optional entry point. Additionally, the project would include the
addition of up to 25,000 square feet of additional medical building area
entitlement in recognition of the square footage that has been allocated for the
cogeneration facility that was not included in the original 1993 Master Plan. The
overall types of uses, height limitations, and parking requirements would not
change.
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Scope of Work
•
Section 15163 of the CEQA Guidelines allows a lead agency to prepare a
supplement to an EIR when any of the conditions described in Section 15162
(requirements for a Subsequent EIR) would require the preparation of a
subsequent EIR, but only minor additions or changes are necessary to make a
previous EIR adequately apply to the project in the changed situation. Section
15163(b) further states, "the supplement to the EIR need contain only the
information necessary to make the previous EIR adequate for the project as
revised" and "the supplement may be circulated by itself without re- circulating the
previous draft or final EIR ". Based on this guidance, it is assumed that a
Supplement to Final EIR 142 would be required. The Supplement will focus on
those areas associated with construction of the planned improvements.
The following tasks are proposed for the completion of the Supplemental
Environmental Impact Report (SEIR):
Task 1 Project Kick Off
The BonTerra Consulting team members will coordinate with Hoag Hospital, the
City staff, and other appropriate team members to discuss the project and the
proposed scope of work. This coordination effort is proposed to ensure the City
concurs with the scope of work.
Task 1 Deliverables: 1. One (1) project meeting
Task 2 Notice of Preparation
An integral part of every project requiring CEQA compliance is determining which
environmental issues require evaluation. BonTerra believes in using the CEQA
process as it was intended: to screen out issues that are not significant to
prevent unnecessary documentation efforts. If there is adequate documentation
or other available information to reach the conclusion that there will not be a
significant environmental effect from project implementation, no further technical
analyses are required. To accomplish this, an Initial Study will be prepared and
attached to the NOP. The Initial Study will be based on the CEQA checklist.
The Initial Study will identify those issues that are either not applicable or have
been fully addressed in Final EIR 142 and no further analysis is required. A
review of the applicable mitigation measures from Final EIR 142 will be prepared
as part of the analysis in the Initial Study. This will allow the City to understand
those measures that require further tracking as part of the mitigation monitoring
program, and allow those reviewing the NOP to understand what provisions are
already in place to protect the environment.
These conclusions and substantiating information will be
documented in the NOP. A draft NOP will be submitted to the City
for review. BonTerra Consulting will revise the NOP to reflect the
comments of the City. Should additional changes to the NOP be
required, it is recommended that this be done at a working meeting
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where the wording of the necessary changes can be agreed upon.
This will save time and allow BonTerra Consulting to finalize the
NOP for public distribution. The distribution on the NOP to
responsible and trustee agencies will be done via certified mail and
will be based on the City's distribution list. The NOP will be
provided to the City in PDF format for posting on their web site. To
limit the number of copies of the full NOP that would need to be
distributed, the City may elect to send a Notice of Availability to a
larger mailing, which includes interest groups and individuals, who
have expressed an interest in Hoag Hospital. BonTerra Consulting
will prepare the Notice of Availability of the NOR It is assumed
that the notice will be one page and will be sent via first class mail.
This can then be used as a newspaper notice should the City
determine that publication of the Notice of Availability is warranted.
Task 2 Deliverables: 1. Five (5) copies of the Draft NOP for City review
2. Meeting to review comments on the NOP
3. Distribution by certified mail of twenty -five (25) copies
of the Final NOP
4. NOP in PDF format for posting on the web site
5. Five (5) copies of the Notice of Availability for the NOP
for City review
6. Mailing of up to fifty (50) Notices of Availability by first
class mail
Task 3 Preparation of Screencheck Supplemental EIR
BonTerra Consulting will prepare the Screencheck SEIR based upon the NOP
and responses received, community and agency input received through the
scoping meeting, if convened, and evaluations in the technical studies. The
document will clearly identify that the focus of the SEIR is limited to the
reallocation of square footage from the Lower Campus to the Upper Campus,
and is not a reevaluation of the merits of the approved Hoag Hospital Master
Plan. It will summarize those topics identified as not needing further evaluation
based on the findings of the NOP or where there would be no new impacts
beyond those addressed in Final EIR 142. Topical issues not expected to need
further evaluation include earth resources, population, employment and housing,
pubic services and utilities, and public amenities. These issues have been fully
addressed in Final EIR 142 and the modifications to the project would not be
expected to result in greater or new impacts. Additionally, it is assumed that the
Final EIR provides sufficient evaluation of alternatives.
Further analysis for biological resources, cultural resources, and public health
and safety is not proposed in the SEIR; however, for each of these topics it is
recommended that there be updated research to support the finding that the
Final EIR adequately addresses these issues. For biological resources, it is
recommended that a biologist conduct a field survey to confirm that there are no
new resources that would be affected by the project. This effort, which would
include the field survey and writeup for the Initial Study, would not exceed a
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day's effort by the biologist. For cultural resources and public health and safety,
updated record searches are recommended to substantiate the finding that no
new impacts are expected. No fieldwork is proposed for either of these topical
areas. The record searches would be reference material, but not incorporated.
as appendices to the SEIR.
The SEIR will clearly identify significant environmental effects anticipated for
each environmental issue with proposed project implementation. BonTerra
Consulting will evaluate the significance criteria developed as part of Final EIR
142. These criteria will be used if they apply to the proposed project and if the
City finds them to be still relevant. If necessary, the thresholds will be modified
or new ones developed to adequately address the proposed project. The
thresholds will be stated in each technical section to enable the reader to clearly
understand the analytical process used to identify potential project impacts.
Analysis of existing and future conditions will be formulated for the following
scenarios: 1) existing plus . project condition; 2) Year 2015 – existing plus
cumulative projects; 3) Year 2015– existing plus project plus cumulative projects;
4) General Plan [Year 20251; 5) General Plan [Year 2025] plus project. The
format of the document for each topical area will include a description of the
existing conditions, summary of the impacts identified in Final EIR 142, an
evaluation of proposed modifications to the Master Plan and PCDP, listing of the
mitigation measures from Final EIR 142, and identification of any new mitigation
measures proposed to reduce the potential impacts associated with the project.
The following topical areas will be evaluated:
Land Use —The SEIR will document existing land uses onsite, as well as uses
surrounding the project site. A discussion of the compatibility of the project with
surrounding land uses and consistency with applicable planning documents will
be provided. The existing General Plan will be used as the basis for the
analysis. Given that the type of uses proposed are the same as what is provided
for in the Hoag Hospital Master Plan, the evaluation of compatibility will be
focused on the uses immediately surrounding the project. No impacts to the
larger community would be anticipated with the modifications proposed.
Transportation and Circulation— Linscott, Law and Greenspan, as a sub - consultant
to and under separate contract with BonTerra Consulting, are conducting the traffic
analysis. On behalf of BonTerra Consulting, Linscott, Law and Greenspan (LLG)
will compile and review prior area traffic data and forecasts to include previous
staff correspondence, traffic studies and other relevant area transportation
planning documents. LLG will visit the project study area to inventory existing
conditions with respect to existing roadway physical characteristics (i.e.,
intersection lane configurations, widths, posted speed limit, adjacent land use, on-
street parking restrictions, etc.), and public transit service. An inventory of the lane
geometry and intersection control at the 15 key intersections located within the City
of Newport Beach, and 9 key intersections in the City of Costa Mesa, selected for
the study will be taken. These intersections will include the following:
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Newport Beach Intersections
1. Orange Street & PCH
2. Prospect Street & PCH
3. Balboa Boulevard /Superior Avenue & PCH
4. Riverside Avenue & PCH
5. Tustin Avenue & PCH
6. Dover Drive /Bayshore Drive & PCH
7. Bayside Drive & PCH
8. Jamboree Road & PCH
9. Newport Boulevard & Via Lido
10. Newport Boulevard & Hospital Road
11. Superior Avenue & Placentia Avenue
12. Newport Boulevard southbound 'off- ramp" & PCH
13. Superior Avenue & Hospital Road
14. Hoag driveway & Hospital Road
15. Hoag driveway & PCH
Costa Mesa Intersections
16. Newport Boulevard /19th Street
17. Newport Boulevard /Broadway
18. Newport Boulevard /Harbor Boulevard
19. Newport Boulevard /18th Street - Rochester Avenue
20. Newport Boulevard /17th Street
21. Newport Boulevard /16th Street
22. Newport Boulevard /industrial Way
23. Superior Avenue /16th Street
24. Superior Avenue /17th Street
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LLG will obtain the existing AM and PM peak hour traffic volumes at each of the 15 key
intersections listed above from the City of Newport Beach, and at the nine key
intersections listed above from the City of Costa Mesa. LLG will develop traffic
generation forecasts for the project for use in the Existing + Project scenario. The
forecasts for the project will be prepared for the typical weekday, AM peak commute hour,
and PM peak commute hour. The forecast will be based on empirical trip generation rates
derived as part of the Phase II TPO, or the Newport Beach Traffic Model rates, or from
another source deemed to be more appropriate. The project traffic generation estimates
will be provided to City staff for their review, and upon the City's approval, these estimates
will be applied to develop the Existing + Project scenario.
Project traffic generation estimates will also be compared against the City's traffic model
assumptions for the Hoag campus, to validate the reasonableness of the model forecasts
that will be the basis for the Year 2015 and Year 2025 scenarios for the project.
LLG will develop a project traffic distribution pattern based on project trip distribution data
to be provided by Urban Crossroads, and' submit to City staff for their review. The project -
related traffic will be distributed and assigned to the street system, and added to existing
(Year 2005) volumes to develop the Existing + Project traffic forecasts.
For the 15 key intersections in Newport Beach, LLG will obtain the Year 2015 Cumulative
Base (i.e., Hoag Master Plan buildout year without the proposed project) forecasts from
Urban Crossroads. These will be reviewed in detail and applied in the level of service
calculations and traffic volume summary figures.
For the nine key intersections in Costa Mesa, a I% annual growth rate will be applied to
existing traffic volumes to reflect Year 2015 conditions, and cumulative project traffic will
be added (if any; will need to obtain this information from the City of Costa Mesa). These
forecasts will be applied in the level of service calculations and traffic volume summary
figures.
For the 15 key intersections in Newport Beach, LLG will obtain the.Year 2025 Cumulative .
Base (i.e., City's General Plan buildout year without the proposed project) forecasts from
Urban Crossroads. These will be reviewed in detail, and applied in the level of service
calculations and traffic volume summary figures.
For the nine key intersections in Costa Mesa, LLG will obtain the Year 2025 Cumulative
Base (i.e., City of Costa Mesa's General Plan buildout year without the proposed project)
forecasts from the City of Costa Mesa. These will be reviewed in detail, and. applied in the
level of service calculations and traffic volume summary figures.
For the 15 key intersections in Newport Beach, LLG will derive the project- generated trips
from the Year 2025 forecasts (with and without the project) from Urban Crossroads, then
add these to the Year 2015 Cumulative Base volumes. These will be applied in the level
of service calculations and traffic volume summary figures.
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For the nine key intersections in Costa Mesa, LLG will extrapolate the project - generated
trips from the Year 2025 forecasts (with and without the project) from Urban Crossroads
at the nearest Newport Beach intersection, then add these to the Year 2015 Cumulative
Base volumes. These will be applied in the level of service calculations and traffic volume
summary figures.
For the 15 key intersections in Newport Beach, LLG will obtain the Year 2025 forecasts
with the project from Urban Crossroads. These will be reviewed in detail, then applied in
the level of service calculations and traffic volume summary figures.
For the nine key intersections in Costa Mesa, LLG will extrapolate the project - generated
trips from the Year 2025 forecasts (with and without the project) from Urban Crossroads
at the nearest Newport Beach intersection, then add these to the Year 2025 Cumulative
Base volumes. These will be applied in the level of service calculations and traffic volume
summary figures.
Using the City's CEQA analysis procedure, each of the key intersections will be
analyzed using the Intersection Capacity Utilization (ICU) method. Detailed AM and PM
peak hour level of service analysis will be conducted for the following traffic scenarios:
Existing Conditions
• Existing + Project
• Year 2015 Cumulative Base — consists of existing traffic volumes, growth,
related projects approved by the City, and reasonably foreseeable
cumulative projects that have not yet been approved by the City
• Year 2015 Cumulative Plus Project — Year 2015 Cumulative Base (as
described above) with the proposed project Year 2015 Cumulative Plus
Project with Mitigation — Year 2015 Cumulative Base (as described above)
with the proposed project with mitigation, if any
• Year 2025 Cumulative Base — consists of existing traffic volumes, growth,
related projects approved by the City, and reasonably foreseeable
cumulative projects that have not yet been approved by the City
• Year 2025 Cumulative Plus Project — Year 2025 Cumulative Base (as
described above) with the proposed project
• Year 2025 Cumulative Plus Project with Mitigation — Year 2025
Cumulative Base (as described above) with the proposed project with
mitigation, if any
The City's significant impact criteria will be applied to determine any potential impacts of
the project on the surrounding street system. LLG will develop recommendations to
mitigate any resulting project traffic impacts to a level of insignificance. These measures
may include intersections and /or signalization improvements, striping modifications or the
addition of auxiliary turning lanes.
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LLG will develop concept plans for all physical improvements recommended at impacted
study intersections. If necessary, perform operational /queuing analysis at impacted study
intersections to evaluate the feasibility of mitigation measures.
LLG will evaluate site access operations, and develop potential recommendations (if any
are feasible) to improve traffic operations at the project driveways on Hospital Road and
West Coast Highway. LLG will perform operational /queuing analyses at the two project
driveway intersections (i.e., Placentia Avenue -Hoag Drive /Hospital Road and Hoag Drive -
Balboa Coves Entrance/West Coast Highway).
LLG will conduct a peer review of the parking analysis (to be prepared by Katz Okitsu
Associates) before its inclusion in the EIR.
LLG will evaluate and comment on the proposed internal circulation scheme of the
project, with a focus on:
• Site access adequacy and safety (i.e., number of access points,
ingress /egress operations, any potential conflicts with adjacent driveways)
• On -site circulation design (i.e., lane geometrics, traffic volumes, sight
clearance, stopping distance, throat lengths, vehicle stacking at site
driveways, storage /queuing requirements)
• Building /structure layout
• Parking layout
Transit and pedestrian connections /circulation and access
• Emergency /service /delivery truck access
Air Quality —The existing air environment will be described in terms of meteorology, local
topography affecting pollutant dispersion, and ambient air monitoring data. A summary of
current air management efforts, which may be related to the proposed project will be
provided with particular emphasis on the 2003 AQMP, and the requirements for air quality
assessments identified in the SCAQMD's CEQA Handbook. Sensitive receptor areas
within the project vicinity will be identified.
The CALINE4 model, developed by the California Department of Transportation, will be
used to assess the local air quality. While the air quality data collected by the SCAQMD
is valuable in identifying concentrations experienced in the general area, the CALINE4
Model is used to determine the pollutant pattern at key locations, which the project may
effect. The area along the project site and adjacent lands will be assessed. Up to three
key intersections will be examined. The results will be used as a baseline for future case
projections.
The air quality impacts of the proposed project can be divided into the short-term dust
generation, local impacts and long -term regional air pollution increases. Short-term dust
and emission generation due to demolition and construction activities will be forecast.
Measures to reduce dust generation are required by the South Coast Air Quality
Management District. Additionally, measures are contained in the 2003 AQMP for control
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of construction activity emissions, and these also will be included in the list of mitigation
measures.
The CALINE4 Model will also be used to assess the pollutant concentrations at the same
locations utilized for the baseline study. The local air quality analysis assesses the
resulting air pollutant levels that will result in the residential areas or other sensitive areas
directly adjacent to the roadways. The increase or decrease in concentrations due to the
project will be highlighted. In addition, the concentrations projected will be compared to
State and Federal air quality standards to determine the significance of the potential
impacts.
Changes in long -term emissions produced by traffic associated with the project, the
combustion of natural gas, and the generation of electricity will be estimated. The
changes in emissions due to the project will be assessed and compared to potential
regional air quality impacts. A detailed discussion of the consistency of the project with
the AQMP will be included.
Measures will be developed to reduce significant air quality impacts to the extent
possible.
Noise — Mestre Greve Associates will prepare the noise technical study using the traffic
analysis prepared by Linscott, Law and Greenspan. Noise readings will be taken at four
locations surrounding the project site. The data from the noise readings and the FHWA
highway noise model ("FHWA Highway Traffic Noise Prediction Model," FHWA- RD -77-
108) will be used to describe existing noise levels in the project vicinity. Community noise
standards relevant to this project are contained in the City of Newport Beach General
Plan and Noise Ordinance. These standards will be summarized and their relevance to
the project discussed.
The potential noise impacts can be divided into short-term construction noise, impacts on
surrounding land uses, and on -site noise /land use compatibility. Noise levels from
construction activities will be estimated at nearby sensitive receptors. The application of
the City of Newport Beach Noise Ordinance to control construction noise will be
discussed.
The noise impacts associated with the project's traffic on adjacent land uses will be
assessed in terms of the CNEL noise scale. The increase in noise levels due to the
project will be determined. Areas that will experience a significant noise increase will be
identified. For the project scenario, the absolute noise levels experienced in these areas
will then be determined, and the resulting land use /noise compatibility discussed.
Potential noise impacts from the proposed uses will be assessed. Noise generated by
the proposed uses at noise sensitive uses in the area will be estimated. These noise
levels will be compared to the Noise Ordinance criteria to determine significance. Traffic
noise levels that impact within the project site will also be assessed for compatibility with
the proposed uses. Noise levels within the project area will be determined and compared
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to noise /land compatibility guidelines contained in the City of Newport Beach Noise
Element and/or the State Compatibility Guidelines.
Preliminary noise barrier locations and other mitigation strategies will be identified for the
control of noise levels within the project site. Measures will be developed as necessary to
mitigate off -site noise impacts.
Visual /Aesthetics— Intensification of the development on the Upper Campus has, the
potential of changing the visual impacts associated with the implementation of the Hoag
Hospital Master Plan. While this is not expected to be a significant impact because the
views of the Lower Campus are more sensitive, the SEIR will need to provide a
discussion of the changes that would result with the intensification of the Upper
Campus. It is assumed that visual simulations from surrounding viewpoints would be
provided by Hoag Hospital for inclusion in the SEIR. BonTerra Consulting would
provide a narrative discussion of the potential impacts from surrounding sensitive uses.
Similarly, if the reduction in development on the Lower Campus would reduce the
potential visual impacts associated with implementation of the Hoag Hospital Master
Plan it is recommended that visual simulations be included in the SEIR to present the
beneficial effects of the project.
Cumulative Impacts —Given the age of the Final EIR, it is recommended that the
Cumulative Impacts evaluation be updated to ensure that the impacts associated with
the proposed project is evaluated in the context of.other projects that have been
approved subsequent to the 1992 approval of the Hoag Hospital Master Plan.
BonTerra Consulting will coordinate with the City of Newport Beach and City of Costa
Mesa to identify past, present or reasonably foreseeable projects that should be
evaluated as potentially contributing to cumulative impacts. This listing of projects will
be used as part of the evaluation for the applicable technical studies (i.e., traffic, air
quality, and noise).
Growth Inducing Impacts —The Supplemental EIR will provide a qualitative discussion
of the potential growth inducing impacts associated with the proposed amendment.
The analysis will provide a discussion of regional growth and projected growth in the
region.
Task 3 Deliverables: 1. Ten (10) copies of the Screencheck Supplemental EIR for
review by the City of Newport Beach and Hoag Hospital
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Task 4 Prepare Draft EIR for Public Review
A meeting of project team members will be convened and participants will
provide verbal and /or written comments on the first Screencheck SEIR to
BonTerra. BonTerra will make revisions and resubmit the document for a
second Screencheck SEIR review by the team. A revised SEIR,
incorporating the comments received from the team will be submitted for
final review. All comments on the revised document will be presented to
BonTerra at a working meeting where the wording of the necessary
changes can be agreed upon. After these comments have been
incorporated, a "proof check" copy of the Draft SEIR will be provided to
the City and Hoag Hospital for final approval prior to reproduction and
public distribution. BonTerra will mail copies of the Draft SEIR to the
State Clearinghouse, local community groups, local agencies, surrounding
jurisdictions, etc. BonTerra Consulting will prepare a draft public notice of
availability for review by the City. The City will publish the newspaper
notice of SEIR availability.
The format of the Draft SEIR can be determined prior to distribution. If
desired, BonTerra Consulting can provide the public review copies on CD
and hardcopies can be made and distributed to libraries and the City. The
document can also be provided on CD in a format that can be posted on
the City's website, if so desired.
Task 4 Deliverables: 1.
2.
3.
4.
Task 5 Responses
Six (6) copies of the Second Screencheck SEIR
Four (4) copies of a proof check document
Up to one hundred (100) copies of the Draft SEIR and
technical appendices
Notice of Availability
to Comments on Draft EIR
Upon receipt of written comments on the Draft EIR from the State Clearinghouse and
other parties, BonTerra Consulting and staff will meet to review all comments and
develop a strategy for responding to the comments. BonTerra will prepare written
responses to comments that raise significant environmental issues. It is anticipated
that topical responses will be prepared to address multiple comments received on the
same issue. As part of the responses to comments, an errata sheet will be prepared to
identify and summarize where revisions to the Draft SEIR have been made as a result
of comments received; however, the draft EIR will not be revised. The responses to
comments will be provided as a separate document. After meeting with project team
members to receive and compile comments on the responses, BonTerra will finalize the
responses to comments document. A second submittal of the responses to comments
will be provided for review by the project team. A meeting will be held to discuss
revisions to the final responses to comments. Once the revisions are incorporated, a
proof copy of the responses to comments will be provided to City staff and Hoag
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Hospital for final approval prior to printing the document. BonTerra Consulting will mail
responses to public agency comments at least ten days before consideration of
certification of the Final SEIR, as required by CEQA. The extent of comments that will
be received on the project are unknown at this time. A total of 200 hours of
professional time are assumed for the responses to comments.
Task 5 Deliverables: 1. Ten (10) copies of the responses to comments
2. Six (6) copies of the revised responses to comments
3. Four (4) copies of a proof check document
4. Seventy -five (75) copies of the final responses to comments
Task 6 Prepare CEQA Findings and Statement of Overridina Considerations
BonTerra Consulting will prepare the Findings and Statement of
Overriding Considerations prepared in accordance with Sections 15091
and 15093 of the State CEQA Guidelines, respectively. The City will
provide a copy of the CEQA Findings and Statement of Overriding
Considerations approved in conjunction with the certification of the 1992
Final Program EIR for reference and format. It is assumed that City
Attorney's office will review the documents and provide comments.
Revisions will be made to incorporate the City's comments.
Task 6 Deliverables:
1. Ten (10) copies
Considerations
2. Six (6) copies of
Considerations
3. Thirty (30) copies
Considerations
of the Draft Findings and Overriding
the Revised Findings and Overriding
of the Final Findings and Overriding
Task 7 Prepare Mitigation Monitoring and Reporting Program
To comply with Public Resources Code 21081.6, BonTerra Consulting will prepare a
mitigation monitoring and reporting program (MMRP) for adoption by the City Council at
the time of the CEQA findings. The MMRP will be prepared at the same time as
responses to comments. BonTerra will add any mitigation measures adopted as part of
the SEIR to the MMRP prepared for Final EIR 142. It is assumed the City and /or Hoag
Hospital Annual Review reports or documentation that has been submitted for each and
every project showing compliance with the mitigation measures adopted as part of Final
Program EIR 142 will be provided to allow BonTerra Consulting to accurately reflect the
status of the various mitigation measures. Two versions of the document will be
submitted for staff review prior to the final MMRP.
Task 7 Deliverables: 1. Ten (10) copies of the draft MMRP
2. Ten (10) copies of the revised MMRP
3. One (1) master copy of the MMRP
W,
Task 8 Meetings and Hearings
BonTerra's project manager will be available to attend project meetings
with staff throughout the SEIR process. It is assumed that BonTerra
Consulting will attend the bi- monthly meetings, as appropriate, to ensure
there is a thorough understanding of issues that are being discussed with
each of the team members. Additional focused meetings may also be
required to provide a review of comments on each of the project
deliverables. BonTerra Consulting's attendance at up to 24 meetings is
assumed. In addition, Mestre Greve Associates will attend up to three
team meetings to present their findings and answer questions by staff.
Linscott, Law and Greenspan will attend up to 15 meetings. Additional
meetings can be attended on a time and materials basis with approval of
the City.
In addition, it is assumed that the BonTerra Consulting project manager,
the traffic engineer, and the air quality and noise specialist will be involved
in public hearings on the project. A total of three public meetings /hearings
are assumed.
Task 8 Deliverables: 1. BonTerra attendance at up to twenty -four (24) project
meetings
2. Mestre Greve Associates (MGA) attendance at up to three (3)
project meetings
3. Linscott, Law and Greenspan (LLG) attendance at up to
fifteen (15) project meetings
4. Attendance by the BonTerra project manager, the MGA
project manager, and the LLG project manager at up to three
(3) public meetings /hearings
Task 9 Project Management and Coordination
BonTerra Consulting will manage the SEIR preparation effort and coordinate closely
with City staff, Hoag Hospital, and the other consultants on the project during the
course of the CEQA documentation. This management effort will include close
schedule monitoring and budget compliance. Approximately two hours a week for
project administration over the anticipated 12 month duration of the project.
27
• •
HOAG HOSPITAL MASTER PLAN
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT SCHEDULE
TASK
DATE
Project Description and Approach Finalized
February 25, 2005
Scope of Work determined to be acceptable
March 1, 2005
Submittal of Draft NOP for City review
March 1, 2005
City provides comments on Draft NOP
March 8, 2005
Revisions to NOP made and resubmitted to the City
March 15, 2005
City approval of NOP for distribution
March 17, 2005
NOP distributed 30 -day comment period
March 18, 2005
Traffic modeling completed by Urban Crossroads
April 8, 2005
Visual simulations provided by Hoag Hospital
April 8, 2005
NOP 30 -day comment period ends
April 18, 2005
Traffic technical study submitted
May 20, 2005
City provides comments on the draft traffic report
June 3, 2005
Revise traffic report completed
June 17, 2005
Screencheck EIR with appendices submitted
June 30, 2005
City provides comments on the Screencheck SEIR
July 14, 2005
Revised Screencheck EIR submitted to City
July 28, 2005
City provides comments on revised SEIR
August 2, 2005
Administrative Draft Supplemental EIR submitted
August 9, 2005
Approval to print SEIR
August 11, 2005
SEIR printed and distributed
August 15, 2005
Public Review period ends
September 29, 2005
Preliminary responses to comments submitted
October 18, 2005
City provides comments on responses
October 25, 2005
Draft Mitigation Monitoring and Findings submitted
October 25, 2005
Revised responses to comments submitted
October 31, 2005
Comments on MMP and Findings provided
October 31, 2005
Responses finalized
November 3, 2005
Planning Commission hearing
November 2005
City Council
December 2005
1
EXHIBIT `B"
SCHEDULE OF COMPENSATION
29
Hhmdy
Dolmh Planner
GIS I WP
Total Hm
Total Cost
$185.00
$140.001 $120.00
$85.001 $65.00
I
Task 1 Project Kickoff
B
81 3
17
52,680.00
Task 2 Notice of Preparabon
Preliminary Draft
8
401
61 6
62
$8,150.00
Revisions
3
6i
21 2
13
$1,695.00
Task 2 Subtotal
11
461 0
101 a
75
$9,845.00
Task 3 Prepandan of Scueencheck SEIR
50
321.
60! 30
521),780.00
Intro /Summary/Backgrowd
2D
t
20
$3,700.00
Project Desuiplim
8
I
8
$1,480.00
Land Use and Planning
16;
18
$2,240.00
Air Quality
6
8
$720.00
Transportation
16
16
52,960.00
Biological
41 4
8
$1,040.00
Ha ards
1 6
6
$720.00
Noise
BI
8
51,120.00
Visual
241
24
$3,360.00
CuRml Resowas
6i
1
6
$840.00
Cumulative
24
i
24
$4,440.00
Task 3 Subtotal
118
gal 16
801 30
142
543,400.00
Task 4 Prepare Draft EIR (2 versions)
I
i
RWsad Screencheck
32
321 6
lei 16
102
$13,520.00
Approval Draft
4
81
4; 4
20
$2460:00
Task 4 Subtotal
36
401 6
201 20
122
$15,980.00
Task 5 Responses to Comments
Preliminary Sibmittal
70
501 20
4i 6
160
$24,480.00
R&Asbns to Res ones
20
201 1021
5
58
$ &260.00
Task 6 Subtotal
90
80. 30
6i 12
218
$32740.00
Task 6 CEQA FindingslOverddes
Preliminary Submittal
32
!
4
36
$6,160.00
Revisions to Findings
12
3
15
$2,415.00
Task 6 Subtotal
44
7
51
58,598.00
Task 7 Mitigatim Monitoring. and Reporting Plan
Preliminary Submittal
2
38i
12
50
$6,190.00
Reusms to MMRP
8
1 2
10
$1,250.00
Task 7 Total
2
441 0
01 14
60
$7,440.00
Task 8 Project Meetings
72
291
92
516,120.00
i
1
Task 9 Management and CoorAnation
104
181
122
921,760.00
i
Total BonTerra Cmsul ing Hm
485
3441 56
961 91
899
Trial SonTerra Consulting Fees
$89,725.00
ssaos0.001, 86,600.00
58,160.001 56,915.00
_
$158,660.00
i
Sutmmultam Fees
Limcott Law am Greenspan
$94,300.00
Mesas Greve Associates
$15,000.00
Total Subconauttam Fees
$1%300.00
Direct Costs
i
RepmducOm
S10.000.OD
Mailings ard overnight deliveries
$700,00
Publira$ondrepms
$800.00
ToW Direst Costs
$11,500.00
Total Fees
$280,360.00
29
E
EXHIBIT "C"
BILLING RATES (HOURLY)
BonTen-a
2004.2005 FEE SCHEDULE
0
PROFESSIONAL CLASSIFICATION
HOURLYBILLING RATE
Principal
$135 -200
Associate Principal
120 -150
Biological /Environmental Manager
110 -130
Senior Planner /Senior Project Manager
105 -125
Senior Ecologist/Senior Restoration Ecologist
95 -110
Project Manager
90 -105
Cultural Resources Manager
95 -100
Senior Biologist/Biological Project Manager
80 -95
GIS Specialist
80 -90
Planner /Assistant Project Manager
60 -90
Field Monitor
65 -90
Ecologist
55 -80
Graphic Artist
65 -80
Project Assistant
60 -70
Administrative Assistant
60 -65
Reimbursable Costs
Mileage $0.38 per mile
Copying /Reprographics cost plus 10%
Delivery/Overnight Mail cost plus 10%
Other out -of- pocket expenses cost plus 10%
Subconsultants cost plus 10%
30
• •
BILLING RATES (HOURLY)
Linscott, Law and Greenspan
TITLE
PER HOUR
Principal Engineer .................... ............................... ........................$195.00
Associate Principal Engineer ..... ............................... .........................170.00
Senior Transportation Engineer ...............................
.........................145.00
Transportation Engineer III ........ ...............................
.........................130.00
Transportation Engineer 11 ......... ...............................
.........................110.00
Transportation Engineer 1 ........... ...............................
..........................95.00
Senior Transportation Planner .. ...............................
.........................130.00
Transportation Planner III .......... ...............................
.........................110.00
Transportation Planner 11 ............ ...............................
..........................95.00
Transportation Planner 1 ............. ...............................
..........................85.00
Engineering Associate II ............ ............................... ..........................95.00
Engineering Associate I ............. ............................... ..........................90.00
CADD Drafter /Senior Technician ........................ ...............................
Engineering Computer Analyst II ......................... ...............................
CADD Drafter / Technician .................................... ...............................
Word Processor /Administrative Assistant ........... ...............................
Engineering Computer Analyst I .......................... ...............................
EngineeringTechnician ....................................... ...............................
EngineeringAide I ............................................... ...............................
31
90.00
90.00
85.00
60.00
70.00
65.00
45.00
BILLING RATES (HOURLY)
Urban Crossroads
Compensation for Services
The Consultants Billing rates for services are as follows:
Position
Hourly Rates
Senior Principal ............................................. ............................... $150 -175
Principal.......................................................... ............................... 140 -165
Associate Principal ................................................ .................. .......... 125 -150
Senior Associate ............................................. ............................... 110 -135
Associate.................................... ............................... ........................100 -125
SeniorAnalyst ................................................... ............................... 85 -110
Analyst................................................................ ............................... 70 -85
Assistant Analyst .................................................... ............................... 50 -75
SeniorTechnician ...............................................
............................... 55 -80
Technician...........................................................
............................... 45 -70
AssistantTechnician ...............................................
............................... 35 -60
Administrative Manager .....................................
............................... 75 -100
Administrative Supervisor ....................................
............................... 60 -85
Administrative Assistant ...............................................
..........................45 -70
General
(1) Reimbursable direct costs, such as reproduction, supplies, messenger service,
long- distance telephone calls, travel, and traffic counts will be billed at cost plus ten
(10) percent.
(2) Hourly rates apply to work time, travel time, and time spent at public hearings and
meetings. For overtime work, the above rates may be increased 50 percent.
(3) Client payment for professional services is not contingent upon the client receiving
payment from other parties.
BY'rHE CRY COUNCIL
CITY OF NEWPORT BEACH
il rhu V LLJ
()kI100 -;W6)
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
March 8, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Patricia Temple, Planning Director
Planning Department
949/644 -3228. ptemple @city.newport- beach.ca.us
SUBJECT: Professional Services Agreement to prepare
Environmental Impact Report for the Hoag Hospital
project.
RECOMMENDATIONS:
a Supplemental
Master Plan Update
1) Approve a Professional Services Agreement with BonTerra Consulting of Costa
Mesa, California, for professional environmental services to prepare a Supplemental
Environmental Impact Report for an amount not to exceed $280,360; and
2) Authorize City Manager to sign Agreements.
DISCUSSION:
Hoag Memorial Hospital Presbyterian proposes to revise the Master Plan for the
hospital campus that was approved in 1992. The revised Master Plan relocates
approximately 200,000 square feet of approved but not - yet - developed building area
from the Lower Campus at Coast Highway to the Upper Campus at Hospital Road. Up
to 25,000 square feet of additional building area entitlement over and above the
relocated entitlement is also proposed on the Upper Campus. Development consistent
with the revised Master Plan would allow consolidation of in- patient services on the
Upper Campus and facilitate completion of State - required seismic retrofit and
renovations to existing structures. Renovations and construction pursuant to the
revised Master Plan would extend through the year 2015.
Hoag Hospital EIR
March 8, 2005
. Page 2
The application for revision of the Hoag Hospital Master Plan includes requests for
approval of an Amendment to the General Plan Land Use Element (Hoag Hospital
Area), a Planned Community Development Plan Amendment, and amendment of the
Development Agreement.
Environmental Impact Report Preparation
Staff conducted a preliminary evaluation of the proposed project and concluded that an
Environmental Impact Report should be prepared. Because analysis of some impacts
included in the Environmental Impact Report (EIR) prepared for the existing Hoag
Master Plan remains relevant, a Supplemental EIR expanding upon the previous EIR
will be prepared. The Supplemental EIR will focus on those subject areas where
changes in the proposed project development or in the environmental setting require
updated, new, or additional analysis.
City Council Policy K -3 allows the City to select a qualified consultant for environmental
services without a competitive bidding process and BonTerra was selected on the basis
of experience, cost, and scope of services provided. The consultant has provided a
proposed Scope of Work to perform professional environmental services for the City of
Newport Beach for the preparation and processing of a Supplemental Environmental
Impact Report and supporting documents. The Scope of,Work including a schedule for
completion is included as Exhibit "A" to the draft professional services agreement attached
to this report. Exhibit 'B" to the agreement sets forth the itemized costs for preparation of
the EIR and Exhibit "C° to the agreement contains the consultants' billing rates.
Staff has reviewed the Scope of Work for the Supplemental EIR contract and believes it is
adequate to meet or exceed the minimum requirements set forth by the California
Environmental Quality Act. Analysis will focus on Land Use, Transportation and
Circulation, Air Quality, Noise, Visual /Aesthetics, Cumulative Impacts, and Growth
Inducting Impacts. Traffic analysis will be provided by Linscott, Law and Greenspan in
conjunction with Urban Crossroads and noise analysis will be provided by Mestre Greve
Associates, all as subcontractors to BonTerra. The environmental consulting fees for
tasks described in the Scope of Work including staff hours, technical studies, direct
expenses, and printing have been reviewed by staff and are considered appropriate and
warranted.
Hoag Hospital EIR
March 8, 2005
Page 3
Funding Availability:
The cost of these contracts will be the responsibility of Hoag Memorial Hospital
Presbyterian.
Submitted by:
Prepared by:
ShQ,tlrvt, 6D7� l� T
Paj.AA I uta
SHARON Z. WOOD PATRICIA TEMPLE
Assistant City Manager Planning Director
Attachments: 1. Draft Professional Services Agreement from BonTerra
Consulting
• •
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 9th day of March, 2005, by and between
CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City'),
and BonTerra Consulting, whose address is 151 Kalmus Drive, Suite E -200, Costa Mesa,
California 92626 (hereinafter referred to as "Consultant"), 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 prepare an Environmental Impact
Report pursuant to the California Environmental Quality Act (Project) upon
the terms and conditions contained in this Agreement.
C. The principal member of Consultant is, for purposes of this Project,
Kathleen Brady.
D. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms and conditions
provided 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 date first indicated above
and shall terminate on the 30th day of January, 2005, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of work,
attached hereto as Exhibit "A" and incorporated herein by reference. All work and
documents shall be prepared in accordance with and shall contain all items required by
the California Environmental Quality Act (CEQA), CEQA Implementing Guidelines and
City of Newport Beach ordinances and policies. Consultant shall furnish all
environmental documents and forms to City in electronic format, Microsoft Word 2000,
or other format acceptable to City.
R:WOjedsWe 0a 00ffiBonTem 00nifetF0=05AOC
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2.1 If Consultant is requested by City to revise or supplement the draft or final
Environmental Impact Report, with additional data, information or analysis as a result of
the Environmental Impact Report's failure to comply with requirements of CEQA,
Consultant shall provide such revision or supplement at no additional cost to City
provided that such revisions are within the scope of work required in Exhibit W.
2.2 If changes to existing laws, rules, regulations or policies of any state, federal
or local governmental authority having jurisdiction over the project occur during the term of
this Agreement that require modification of the draft or final Environmental Impact Report,
Consultant will perform such additional services on a time -and- materials basis.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the schedule of compensation, attached hereto as Exhibit °B" and
incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of two hundred eighty thousand three hundred sixty dollars ($280,360.00).
3.1 Consultant shall maintain accounting records of its billings which include the
name of the employee, type of work performed, times and dates of all work which is billed
on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of the City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with scheduled billing rates, attached hereto as Exhibit "C" and incorporated herein by
reference.
3.4 City shall reimburse Consultant only for those costs or expenses which have
been specifically approved in this Agreement, or specifically approved in advance by City.
Such costs shall be limited to and shall include nothing more than the following costs
incurred by Consultant:
A. Approved document printing, reprographics, and reproduction charges.
B. Postage, delivery, and mileage charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
R:NmjepaWawport000ffi9nnTe Contrail =205.�t
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percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 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 the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 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, or 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, or any other delays beyond Consultant's
control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
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. Nothing in this Agreement shall be deemed to
constitute 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 details
in means of performing the work provided that Consultant is compliance with the terms of
this Agreement Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
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times during the Project term. Consultant has designated Kathleen Brady to be its Project
Manager. Consultant shall not bill any personnel to the Project other than those personnel
identified in Exhibit "C ", whether or not considered to be key personnel, without City's prior
written approval by name and specific hourly billing rate. Consultant shall not remove or
reassign any personnel designated in this Section or assign any new or replacement
person to the Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to removal or assignment of non -key personnel.
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.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement.
Consultant shall perform services in timely manner as necessary for the City of Newport
Beach to comply with the submittal and processing requirements of the Permit
Streamlining Act. The failure by Consultant to provide services in such timely manner
may result in termination of this Agreement by City, and the assessment of damages
against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are 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 to the other party so that all delays can be
addressed.
8.1 Consultant shall submit all requests for extensions of time for performance in
writing to the Project Administrator not later than ten (10) calendar days after the start of
the condition which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall respond
in the most expedient and appropriate manner under the circumstances by telephone, fax,
hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
RVmjectsWewNrN00MonTem Contract 430 M.doc
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10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal laws, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
11, PROGRESS
Consultant is responsible to keep the Project Administrator and /or his/her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been scheduled
or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement. This indemnity
shall apply even in the event of negligence of City, or its employees, or other
contractors, excepting only the sole negligence or willful misconduct of City, its officers
or employees, and shall include attorneys' fees and all other costs incurred in defending
any such claim. 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.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
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, and with the exception of worker's compensation insurance policy,
shall have an assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating
Guide unless otherwise approved by the City Risk Manager.
RVMiedsN.po 00BVBMTe. COm�0205.EOC 5
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A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
One Million Dollars ($1,000,000) combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial general
liability insurance or other form with a general aggregate is used, either
the general aggregate shall apply separately to this Project, or the general
aggregate limit shall be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of One Million Dollars
($1,000,000) combined single limit per accident for bodily injury and
property damage.
D. Professional errors and omissions insurance that covers the services to be
performed in connection with this Agreement in the minimum amount of
One Million Dollars ($1,000,000), if available.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled or materially altered by either party, except after thirty (30) days' prior notice
has been given in writing to City. Consultant shall provide 30 days notice of any
material change to their coverage. Consultant shall give City prompt and timely notice
of claim made or suit instituted arising out of Consultant's operation hereunder.
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.
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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
venture or syndicate member or co- tenant if Consultant is a partnership or joint - venture
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or syndicate or co- tenancy, which shall result in changing the control of Consultant,
shall be construed as an assignment of this Agreement. 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.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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.
Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy of
all existing record information on file at City. Consultant shall be entitled to rely upon the
accuracy of information provided by City without independent review or evaluation. City
will provide all such materials in a timely manner so as not to cause delays in Consultant's
work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple, Planning Director, shall be considered the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement. In performing duties set forth in the Scope of
Services in Exhibit "A ", Consultant shall report to, coordinate with, receive direction
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from, and be responsive to David Lepo, Project Manager for Hogle- Ireland, Inc. under
separate contract with City, as an authorized representative of the Project Administrator.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine, audit and
make transcripts or copies of such records during normal business hours. Consultant
shall allow 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 under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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 his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
21. 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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
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B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
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.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Patricia Temple
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3200
(949) 644 -3229 Fax
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Kathleen Brady
BonTerra Consulting
151 Kalmus Drive, Suite E -200
Costa Mesa, CA 92626
(714) 444 -9199
(714) 444 -9599 Fax
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and
the defaulting party fails to give adequate assurance of due performance within two (2)
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days after receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
27. City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to the Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
28. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
29. 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. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
31. 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. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
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APPROVED AS TO FORM:
By:
Robin Clauson
City Attorney for the
City of Newport Beach
ATTEST:
By:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer L. Bludau
City Manager for the
City of Newport Beach
CONSULTANT
By:
BonTerra Consulting
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EXHIBIT "A"
SCOPE OF WORK
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The City of Newport Beach prepared Program Environmental Impact Report
(EIR) 142 for the Hoag Hospital Master Plan and Supplemental Draft EIR in
1992. The CEQA Guidelines identify a Program EIR as "an EIR which may be
prepared on a series of actions that can be characterized as one large project
and are related either:
(1) Geographically,
(2) Logical parts in the chain of contemplated actions,
(3) In connection with issuance of rules, regulations, plans, or other
general criteria to govern the conduct of a continuing program, or
(4) As individual activities carried out under the same authorizing
statutory or regulatory authority and having generally similar
environmental effects which can be mitigated in similar ways."
Program EIR 142 addressed the implementation of the Hoag Hospital Master
Plan, the associated Planned Community Development Plan (PCDP), and
District Regulations and Development Agreement. The project site is divided into
two major planning areas known as the Upper and Lower Campuses, which are
divided roughly along the Coastal Zone boundary. The City has approved up to
577,889 square feet of development in the lower campus portion of the project
and up to 756,349 square feet of development on the upper campus. The first
two phases of development on the project site have been completed.
Approximately 32 percent of the approved square footage for the Lower Campus
and 91 percent of the Upper Campus approved square footage is existing onsite;
however, the approved project provided for demolition of existing structures and
new development. Future phases for the Lower Campus would provide for an
expanded and relocated childcare center, new Outpatient Building, and a new
medical office building.
The project proposes a General Plan Amendment and PCDP and District
Regulations Amendment to allow a reallocation of square footage from the Lower
Campus to the Upper Campus. A total of 225,000 square feet of development
would be reallocated for development within the Upper Campus. With the
reallocation of square footage from the Lower Campus to the Upper Campus, the
secondary access point off of Superior Avenue would be considered an optional
entry point. Additionally, the project would include the addition of up to 25,000
square feet of additional medical building area entitlement in recognition of the
square footage that has been allocated for the cogeneration facility that was not
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included in the original 1993 Master Plan. The overall types of uses, height
limitations, and parking requirements would not change.
Scope of Work
Section 15163 of the CEQA Guidelines allows a lead agency to prepare a
supplement.to. an EIR when any of the conditions described in Section 15162
(requirements for a Subsequent EIR) would require the preparation of a
subsequent EIR, but only minor additions or changes are necessary to make a
previous EIR adequately apply to the project in the changed situation. Section
15163(b)- further states, "the supplement to the EIR need contain only the
information necessary to make the previous EIR adequate for the project as
revised" and "the supplement may be circulated by itself without re- circulating the
previous draft or final EIR ". Based on this guidance, it is assumed that a
Supplement to Final EIR 142 would be required. The Supplement will focus on
those areas associated with construction of the planned improvements.
The following tasks are proposed for the completion of the Supplemental
Environmental Impact Report (SEIR):
Task 1 Project Kick Off
The BonTerra Consulting team members will coordinate with Hoag Hospital, the
City staff, and other appropriate team members to discuss the project and the
proposed scope of work. This coordination effort is proposed to ensure the City
concurs with the scope of work.
Task 1 Deliverables: 1. One (1) project meeting
Task 2 Notice of Preparation
An integral part of every project requiring CEQA compliance is determining which
environmental issues require evaluation. BonTerra believes in using the CEQA
process as it was intended: to screen out issues that are not significant to
prevent unnecessary documentation efforts. If there is adequate documentation
or other available information to reach the conclusion that there will not be a
significant environmental effect from project implementation, no further technical
analyses are required. To accomplish this, an Initial Study will be prepared and
attached to the NOP. The Initial Study will be based on the CEQA checklist. The
Initial Study will identify those issues that are either not applicable or have been
fully addressed in Final EIR 142 and no further analysis is required. A review of
the applicable mitigation measures from Final EIR 142 will be prepared as part of
the analysis in the Initial Study. This will allow the City to understand those
measures that require further tracking as part of the mitigation monitoring
program, and allow those reviewing the NOP to understand what provisions are
already in place to protect the environment.
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These conclusions and substantiating information will be documented in the
NOR A draft NOP will be submitted to the City for review. BonTerra Consulting
will revise the NOP to reflect the comments of the City. Should additional
changes to the NOP be required, it is recommended that this be done at a
working meeting where the wording of the necessary changes can be agreed
upon. This will save time and allow BonTerra Consulting to finalize the NOP for
public distribution. The distribution on the NOP to responsible and trustee
agencies will be done via certified mail and will be based on the City's distribution
list. The NOP will be provided to the City in PDF format for posting on their web
site. To limit the number of copies of the full NOP that would need to be
distributed, the City may elect to send a Notice of Availability to a larger mailing,
which includes interest groups and individuals, who have expressed an interest
in Hoag Hospital. BonTerra Consulting will prepare the Notice of Availability of
the NOR It is assumed that the notice will be one page and will be sent via first
class mail. This can then. be used as a newspaper notice should the City
determine that publication of the Notice of Availability is warranted.
Task 2 Deliverables: 1. Five (5) copies of the Draft NOP for City review
2. Meeting to review comments on the NOP
3. Distribution by certified mail of twenty -five (25) copies of
the Final NOP
4. NOP in PDF format for posting on the web site
5. Five (5) copies of the Notice of Availability for the NOP
for City review
6. Mailing of up to fifty (50) Notices of Availability by first
class mail
Task 3 Preparation of Screencheck Supplemental EIR
BonTerra Consulting will prepare the Screencheck SEIR based upon the NOP
and responses received, community and agency input received through the
scoping meeting, if convened,,and evaluations in the technical studies. The
document will clearly identify that the focus of the SEIR is limited to the
reallocation of square footage from the Lower Campus to the Upper Campus,
and is not a reevaluation of the merits of the approved Hoag Hospital Master
Plan. It will summarize those topics identified as not needing further evaluation
based on the findings of the NOP or where there would be no new impacts
beyond those addressed in Final EIR 142. Topical issues not expected to need
further evaluation include earth resources, population, employment and housing,
pubic services and utilities, and public amenities. These issues have been fully
addressed in Final EIR 142 and the modifications to the project would not be
expected to result in greater or new impacts. Additionally, it is assumed that the
Final EIR provides sufficient evaluation of alternatives.
Further analysis for biological resources, cultural resources, and public health
and safety is not proposed in the SEIR; however, for each of these topics it is
recommended that there be updated research to support the finding that the
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Final EIR adequately addresses these issues. For biological resources, it is
recommended that a biologist conduct a field survey to confirm that there are no
new resources that would be affected by the project. This effort, which would
include the field survey and writeup for the Initial Study, would not exceed a day's
effort by the biologist. For cultural resources and public health and safety,
updated record searches are recommended to substantiate the finding that no
new impacts are expected.. No fieldwork is proposed for either of these topical
areas. The record searches would be reference material, but not incorporated.as
appendices to the SEIR.
The SEIR will clearly identify significant environmental effects anticipated for
each environmental issue with proposed project implementation. BonTerra
Consulting will evaluate the significance criteria developed as part of Final EIR
142. These criteria will be used if they apply to the proposed project and if the
City finds them to be still relevant. If necessary, the thresholds will be modified
or new ones developed to adequately address the proposed project. The
thresholds will be stated in each technical section to enable the reader to clearly
understand the analytical process used to identify potential project impacts.
Analysis of existing and future conditions will be formulated for the following
scenarios: 1) existing plus project condition; 2) Year 2015- existing plus
cumulative projects; 3) Year 2015 - existing plus project plus cumulative projects;
4) General Plan [Year 2025]; 5) General Plan [Year 2025] plus project. The
format of the document for each topical area will include a description of the
existing conditions, summary of the impacts identified in Final EIR 142, an
evaluation of proposed modifications to the Master Plan and PCDP, listing of the
mitigation measures from Final EIR 142, and identification of any new mitigation
measures proposed to reduce the potential impacts associated with the project.
The following topical areas will be evaluated:
Land Use —The SEIR will document existing land uses onsite, as well as uses
surrounding the project site. A discussion of the compatibility of the project with
surrounding land uses and consistency with applicable planning documents will
be provided. The existing General Plan will be used as the basis for the analysis.
Given that the type of uses proposed are the same as what is provided for in the
Hoag Hospital Master Plan, the evaluation of compatibility will be focused on the
uses immediately surrounding the project. No impacts to the larger community
would be anticipated with the modifications proposed.
Transportation and Circulation — Linscott, Law and Greenspan, as a sub - consultant
to and under separate contract with BonTerra Consulting, are conducting the traffic
analysis. On behalf of BonTerra Consulting, Linscott, Law and Greenspan (LLG)
will compile and review prior area traffic data and forecasts to include previous staff
correspondence, traffic studies and other relevant area transportation planning
documents. LLG will visit the project study area to inventory existing conditions
with respect to existing roadway physical characteristics (i.e., intersection lane
configurations, widths, posted speed limit, adjacent land use, on- street parking
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restrictions, etc.), and public transit service. An inventory of the lane geometry and
intersection control at the 15 key intersections located within the City of Newport
Beach, and 9 key intersections in the City of Costa Mesa, selected for the study will
be taken. These intersections will include the following:
Newport Beach Intersections
1. Orange Street & PCH
2. Prospect Street & PCH
3. Balboa Boulevard /Superior Avenue & PCH
4. Riverside Avenue & PCH
5. Tustin Avenue & PCH
6. Dover Drive /Bayshore Drive & PCH
7. Bayside Drive & PCH
8. Jamboree Road & PCH
9. Newport Boulevard & Via Lido
10. Newport Boulevard & Hospital Road
11. Superior Avenue & Placentia Avenue
12. Newport Boulevard southbound "off- ramp" & PCH
13. Superior Avenue & Hospital Road
14. Hoag driveway & Hospital Road
15. Hoag driveway & PCH
Costa Mesa Intersections
16. Newport Boulevard /19th Street
17. Newport Boulevard /Broadway
18. Newport Boulevard /Harbor Boulevard
19. Newport Boulevard /18th Street - Rochester Avenue
20. Newport Boulevard /17th Street
21. Newport Boulevard /16th Street
22. Newport Boulevard /Industrial Way
23. Superior Avenue /16th Street
24. Superior Avenue /17th Street
LLG will obtain the existing AM and PM peak hour traffic volumes at each of the
15 key intersections listed above from the City of Newport Beach, and at the nine
key intersections listed above from the City of Costa Mesa. LLG will develop traffic
generation forecasts for the project for use in the Existing+ Project scenario. The
forecasts for the project will be prepared for the typical weekday, AM peak
commute hour, and PM peak commute hour. The forecast will be based on
empirical trip generation rates derived as part of the Phase II TPO, or the Newport
Beach Traffic Model rates, or from another source deemed to be more appropriate.
The project traffic generation estimates will be provided to City staff for their review,
and upon the City's approval, these estimates will be applied to develop the
Existing + Project scenario.
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Project traffic generation estimates will also be compared against the City's traffic
model assumptions for the Hoag campus, to validate the reasonableness of the
model forecasts that will be the basis for the Year 2015 and Year 2025 scenarios
for the project.
LLG will develop a project traffic distribution pattern based on project trip
distribution data_to be.provided by Urban Crossroads, and submit to City staff for
their review. The project - related traffic will be distributed and assigned to the street
system, and added to existing (Year 2005) volumes to develop the Existing +
Project traffic forecasts.
For the 15 key intersections in Newport Beach, LLG will obtain the Year 2015
Cumulative Base (i.e., Hoag Master Plan buildout year without the proposed
project) forecasts from Urban Crossroads. These will be reviewed in detail and
applied in the level of service calculations and traffic volume summary figures.
For the nine key intersections in Costa Mesa, a 1% annual growth rate will be
applied to existing traffic volumes to reflect Year 2015 conditions, and cumulative
project traffic will be added (if any; will need to obtain this information from the City
of Costa Mesa). These forecasts will be applied in the level of service calculations
and traffic volume summary figures.
For the 15 key intersections in Newport Beach, LLG will obtain the Year 2025
Cumulative Base (i.e., City's General Plan buildout year without the proposed
project) forecasts from Urban Crossroads. These will be reviewed in detail, and
applied in the level of service calculations and traffic volume summary figures.
For the nine key intersections in Costa Mesa, LLG will obtain the Year 2025
Cumulative Base (i.e., City of Costa Mesa's General Plan buildout year without the
proposed project) forecasts from the City of Costa Mesa. These will be reviewed in
detail, and applied in the level of service calculations and traffic volume summary
figures.
For the 15 key intersections in Newport Beach, LLG will derive the project -
generated trips from the Year 2025 forecasts (with and without the project) from
Urban Crossroads, then add these to the Year 2015 Cumulative Base volumes.
These will be applied in the level of service calculations and traffic volume summary
figures.
For the nine key intersections in Costa Mesa, LLG will extrapolate the project -
generated trips from the Year 2025 forecasts (with and without the project) from
Urban Crossroads at the nearest Newport Beach intersection, then add these to the
Year 2015 Cumulative Base volumes. These will be applied in the level of service
calculations and traffic volume summary figures.
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For the 15 key intersections in Newport Beach, LLG will obtain the Year 2025
forecasts with the project from Urban Crossroads. These will be reviewed in detail,
then applied in the level of service calculations and traffic volume summary figures.
For the nine key intersections in Costa Mesa, LLG will extrapolate the project -
generated trips from the Year 2025 forecasts (with and without the project) from
Urban Crossroads at the nearest Newport Beach intersection, then add these to the
Year 2025 Cumulative Base volumes. These will be applied in the level of service
calculations and traffic volume summary figures.
Using the City's CEQA analysis procedure, each of the key intersections will be
analyzed using the Intersection Capacity Utilization (ICU) method. Detailed AM
and PM peak hour level of service analysis will be conducted for the following
traffic scenarios:
• Existing Conditions
• Existing + Project
• Year 2015 Cumulative Base — consists of existing traffic volumes,
growth, related projects approved by the City, and reasonably
foreseeable cumulative projects that have not yet been approved by
the City
• Year 2015 Cumulative Plus Project — Year 2015 Cumulative Base (as
described above) with the proposed project
• Year 2015 Cumulative Plus Project with Mitigation — Year 2015
Cumulative Base (as described above) with the proposed project with
mitigation, if any
• Year 2025 Cumulative Base — consists of existing traffic volumes,
growth, related projects approved by the City, and reasonably
foreseeable cumulative projects that have not yet been approved by
the City
• Year 2025 Cumulative Plus Project — Year 2025 Cumulative Base (as
described above) with the proposed project
• Year 2025 Cumulative Plus Project with Mitigation — Year 2025
Cumulative Base (as described above) with the proposed project with
mitigation, if any
The City's significant impact criteria will be applied to determine any potential
impacts of the project on the surrounding street system. LLG will develop
recommendations to mitigate any resulting project traffic impacts to a level of
insignificance. These measures may include intersections and/or signalization
improvements, striping modifications or the addition of auxiliary turning lanes.
LLG will develop concept plans for all physical improvements recommended at
impacted study intersections. If necessary, perform operational /queuing analysis at
impacted study intersections to evaluate the feasibility of mitigation measures.
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LLG will evaluate site access operations, and develop potential recommendations
(if any are feasible) to improve traffic operations at the project driveways on
Hospital Road and West Coast Highway. LLG will perform operational/queuing
analyses at the two project driveway intersections (i.e., Placentia Avenue -Hoag
Drive/Hospital Road and Hoag Drive - Balboa Coves Entrance/West Coast
Highway).
LLG will conduct a peer review of the parking analysis (to be prepared by Katz
Okitsu Associates) before its inclusion in the EIR.
LLG will evaluate and comment on the proposed internal circulation scheme of the
project, with a focus on:
• Site access adequacy and safety (i.e., number of access points,
ingress /egress operations, any potential conflicts with adjacent
driveways)
• On -site circulation design (i.e., lane geometrics, traffic volumes, sight
clearance, stopping distance, throat lengths, vehicle stacking at site
driveways, storage/queuing requirements)
• Building /structure layout
• Parking layout
• Transit and pedestrian connections /circulation and access
• Emergency /service /delivery truck access
Air Quali —The existing air environment will be described in terms of meteorology,
local topography affecting pollutant dispersion, and ambient air monitoring data. A
summary of current air management efforts, which may be related to the proposed
project will be provided with particular emphasis on the 2003 AQMP, and the
requirements for air quality assessments identified in the SCAQMD's CEQA
Handbook. Sensitive receptor areas within the project vicinity will be identified.
The CALINE4 model, developed by the California Department of Transportation,
will be used to assess the local air quality. While the air quality data collected by
the SCAQMD is valuable in identifying concentrations experienced in the general
area, the CALINE4 Model is used to determine the pollutant pattern at key
locations, which the project may effect. The area along the project site and
adjacent lands will be assessed. Up to three key intersections will be examined.
The results will be used as a baseline for future case projections.
The air quality impacts of the proposed project can be divided into the short-term
dust generation, local impacts and long -term regional air pollution increases. Short-
term dust and emission generation due to demolition and construction activities will
be forecast. Measures to reduce dust generation are required by the South Coast
Air Quality Management District. Additionally, measures are contained in the 2003
AQMP for control of construction activity emissions, and these also will be included
in the list of mitigation measures.
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The CALINE4 Model will also be used to assess the pollutant concentrations at the
same locations utilized for the baseline study. The local air quality analysis
assesses the resulting air pollutant levels that will result in the residential areas or
other sensitive areas directly adjacent to the roadways. The increase or decrease
in concentrations due to the project will be highlighted. In addition, the
concentrations projected will be compared to State and Federal air quality
standards to determine the significance of the potential impacts.
Changes in long -term emissions produced by traffic associated with the project, the
combustion of natural gas, and the generation of electricity will be estimated. The
changes in emissions due to the project will be assessed and compared to potential
regional air quality impacts. A detailed discussion of the consistency of the project
with the AQMP will be included.
Measures will be developed to reduce significant air quality impacts to the extent
possible.
Noise— Mestre Greve Associates will prepare the noise technical study using the
traffic analysis prepared by Linsoott, Law and Greenspan. Noise readings will be
taken at four locations surrounding the project site. The data from the noise
readings and the FHWA highway noise model ( "FHWA Highway Traffic Noise
Prediction Model," FHWA -RD -77 -108) will be used to describe existing noise levels
in the project vicinity. Community noise standards relevant to this project are
contained in the City of Newport Beach General Plan and Noise Ordinance. These
standards will be summarized and their relevance to the project discussed.
The potential noise impacts can be divided into short -term construction noise,
impacts on surrounding land uses, and on -site noise/land use compatibility. Noise
levels from construction activities will be estimated at nearby sensitive receptors.
The application of the City of Newport Beach Noise Ordinance to control
construction noise will be discussed.
The noise impacts associated with the projects traffic on adjacent land uses will be
assessed in terms of the CNEL noise scale. The increase in noise levels due to the
project will be determined. Areas that will experience a significant noise increase
will be identified. For the project scenario, the absolute noise levels experienced in
these areas will then be determined, and the resulting land use/noise compatibility
discussed.
Potential noise impacts from the proposed uses will be assessed. Noise generated
by the proposed uses at noise sensitive uses in the area will be estimated. These
noise levels will be compared to the Noise Ordinance criteria to determine
significance. Traffic noise levels that impact within the project site will also be
assessed for compatibility with the proposed uses. Noise levels within the project
area will be determined and compared to noise /land compatibility guidelines
R:PrDJKUWewperlV00ffiB nTemd Cone 30205.eeo 20
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contained in the City of Newport Beach Noise Element and /or the State
Compatibility Guidelines.
Preliminary noise barrier locations and other mitigation strategies will be identified
for the control of noise levels within the project site. Measures will be developed as
necessary to mitigate off -site noise impacts.
Visual /Aesthetics — Intensification of the development on the Upper Campus has
the potential of changing the visual impacts associated with the implementation
of the Hoag Hospital Master Plan. While this is not expected to be a significant
impact because the views of the Lower Campus are more sensitive, the SEIR will
need to provide a discussion of the changes that would result with the
intensification of the Upper Campus. It is assumed that visual simulations from
surrounding viewpoints would be provided by Hoag Hospital for inclusion in the
SEIR. BonTerra Consulting would provide a narrative discussion of the potential
impacts from surrounding sensitive uses. Similarly, if the reduction in
development on the Lower Campus would reduce the potential visual impacts
associated with implementation of the Hoag Hospital Master Plan it is
recommended that visual simulations be included in the SEIR to present the
beneficial effects of the project.
Cumulative Impacts —Given the age of the Final EIR, it is recommended that the
Cumulative Impacts evaluation be updated to ensure that the impacts associated
with the proposed project is evaluated in the context of other projects that have
been approved subsequent to the 1992 approval of the Hoag Hospital Master
Plan. BonTerra Consulting will coordinate with the City of Newport Beach and
City of Costa Mesa to identify past, present or reasonably foreseeable projects
that should be evaluated as potentially contributing to cumulative impacts. This
listing of projects will be used as part of the evaluation for the applicable
technical studies (i.e., traffic, air quality, and noise).
Growth Inducing-impacts—The Supplemental EIR will provide a qualitative
discussion of the potential growth inducing impacts associated with the proposed
amendment. The analysis will provide a discussion of regional growth and
projected growth in the region.
Task 3 Deliverables: 1. Ten (10) copies of the Screencheck Supplemental
EIR for review by the City of Newport Beach and
Hoag Hospital
Rt MII W.MrfUON'So.T� CIXItr9dA MSA.. 21
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Task 4 Prepare Draft EIR for Public Review
A meeting of project team members will be convened and participants will provide verbal
and/or written comments on the first Screencheck SEIR to BonTerra. BonTerra will
make revisions and resubmit the document for a second Screencheck SEIR review by
the team. A revised SEIR, incorporating the comments received from the team will be
submitted for final review. All comments on the revised document will be presented to
BonTerra at a working meeting where the wording of the necessary changes can be
agreed upon. After these comments have been incorporated, a "proof check" copy of
the Draft SEIR will be provided to the City and Hoag Hospital for final approval prior to
reproduction and public distribution. BonTerra will mail copies of the Draft SEIR to the
State Clearinghouse, local community groups, local agencies, surrounding jurisdictions,
etc. BonTerra Consulting will prepare a draft public notice of availability for review by
the City. The City will publish the newspaper notice of SEIR availability.
The format of the Draft SEIR can be determined prior to distribution. If desired,
BonTerra Consulting can provide the public review copies on CD and hardcopies can be
made and distributed to libraries and the City. The document can also be provided on
CD in a format that can be posted on the City's website, if so desired.
Task 4 Deliverables: 1. Six (6) copies of the Second Screencheck SEIR
2. Four (4) copies of a proof check document
3. Up to one hundred (100) copies of the Draft SEIR and
technical appendices
4. Notice of Availability
Task 5 Responses to Comments on Draft EIR
Upon receipt of written comments on the Draft EIR from the State Clearinghouse
and other parties, BonTerra Consulting and staff will meet to review all comments
and develop a strategy for responding to the comments. BonTerra will prepare
written responses to comments that raise significant environmental issues. It is
anticipated that topical responses will be prepared to address multiple comments
received on the same issue. As part of the responses to comments, an errata
sheet will be prepared to identify and summarize where revisions to the Draft
SEIR have been made as a result of comments received; however, the draft EIR
will not be revised. The responses to comments will be provided as a separate
document. After meeting with project team members to receive and compile
comments on the responses, BonTerra will finalize the responses to comments
document. A second submittal of the responses to comments will be provided for
review by the project team. A meeting will be held to discuss revisions to the
final responses to comments. Once the revisions are incorporated, a proof copy
of the responses to comments will be provided to City staff and Hoag Hospital for
final approval prior to printing the document. BonTerra Consulting will mail
responses to public agency comments at least ten days before consideration of
certification of the Final SEIR, as required by CEQA. The extent of comments
that will be received on the project are unknown at this time. A total of 200 hours
of professional time are assumed for the responses to comments.
RAW eCUINM o IXOMB.Tom C*Mraa -0=S.doc 22
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Task 5 Deliverables: 1. Ten (10) copies of the responses to comments
2. Six (6) copies of the revised responses to comments
3. Four (4) copies of a proof check document
4. Seventy-five (75) copies of the final responses to
comments
Task 6
BonTerra Consulting will prepare the Findings and Statement of Overriding
Considerations prepared in accordance with Sections 15091 and 15093 of the
State CEQA Guidelines, respectively. The City will provide a copy of the CEQA
Findings and Statement of Overriding Considerations approved in conjunction
with the certification of the 1992 Final Program EIR for reference and format. It is
assumed that City Attorney's office will review the documents and provide
comments. Revisions will be made to incorporate the City's comments.
Task 6 Deliverables: 1. Ten (10) copies of the Draft Findings and Overriding
Considerations
2. Six (6) copies of the Revised Findings and Overriding
Considerations
3. Thirty (30) copies of the Final Findings and Overriding
Considerations
Task 7 Prepare Mitigation Monitoring and Reporting Proaram
To comply with Public Resources Code 21081.6, BonTerra Consulting will
prepare a mitigation monitoring and reporting program (MMRP) for adoption by
the City Council at the time of the CEQA findings. The MMRP will be prepared at
the same time as responses to comments. BonTerra will add any mitigation
measures adopted as part of the SEIR to the MMRP prepared for Final EIR 142.
It is assumed the City and /or Hoag Hospital Annual Review reports or
documentation that has been submitted for each and every project showing
compliance with the mitigation measures adopted as part of Final Program EIR
142 will be provided to allow BonTerra Consulting to accurately reflect the status
of the various mitigation measures. Two versions of the document will be
submitted for staff review prior to the final MMRP.
Task 7 Deliverables: 1. Ten (10) copies of the draft MMRP
2. Ten (10) copies of the revised MMRP
3. One (1) master copy of the MMRP
Task 8 Meetings and Hearings
BonTerra's project manager will be available to attend project meetings with staff
throughout the SEIR process. It is assumed that BonTerra Consulting will attend
RAPmjec %W porll10081BonTema CoM 043MOS.O c 23
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the bi- monthly meetings, as appropriate, to ensure there is a thorough
understanding of issues that are being discussed with each of the team
members. Additional focused meetings may also be required to provide a review
of comments on each of the project deliverables. BonTerra Consulting's
attendance at up to 24 meetings is assumed. In addition, Mestre Greve
Associates will attend up to three team meetings to present their findings and
answer questions by staff. Linscott, Law and Greenspan will attend up to 15
meetings. Additional meetings can be attended on a time and materials basis
with approval of the City.
In addition, it is assumed that the BonTerra Consulting project manager, the
traffic engineer, and the air quality and noise specialist will be involved in public
hearings on the project. A total of three public meetings /hearings are assumed.
Task 8 Deliverables: 1. BonTerra attendance at up to twenty -four (24) project
meetings
2. Mestre Greve Associates (MGA) attendance at up to
three (3) project meetings
3. Linscott, Law and Greenspan (LLG) attendance at up
to fifteen (15) project meetings
4. Attendance by the BonTerra project manager, the MGA
project manager, and the LLG project manager at up to
three (3) public meetings /hearings
Task 9 Protect Manaaement and Coordination
BonTerra Consulting will manage the SEIR preparation effort and coordinate
closely with City staff, Hoag Hospital, and the other consultants on the project
during the course of the CEQA documentation. This management effort will
include close schedule monitoring and budget compliance. Approximately two
hours a week for project administration over the anticipated 12 month duration of
the project.
R:Tmjec % wpoR00051ROnTem COMradY W205.doc 24
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HOAG HOSPITAL MASTER PLAN
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT SCHEDULE
TASK
DATE
Project Description and Approach Finalized
February 25, 2005
Scope of Work determined to be acceptable
March 1, 2005
Submittal of Draft NOP for City review
March 1, 2005
City provides comments on Draft NOP
March 8, 2005
Revisions to NOP made and resubmitted to the City
March 15, 2005
City approval of NOP for distribution
March 17, 2005
NOP distributed 30 -day comment period
March 18, 2005
Traffic modeling completed by Urban Crossroads
April 8, 2005
Visual simulations provided by Hoag Hospital
April 8, 2005
NOP 30 -day comment period ends
April 18, 2005
Traffic technical study submitted
May 20, 2005
City provides comments on the draft traffic report
June 3, 2005
Revise traffic report completed
June 17, 2005
Screencheck EIR with appendices submitted
June 30, 2005
City provides comments on the Screencheck SEIR
July 14, 2005
Revised Screencheck EIR submitted to City
July 28, 2005
City provides comments on revised SEIR
August 2, 2005
Administrative Draft Supplemental EIR submitted
August 9, 2005
Approval to print SEIR
August 11, 2005
SEIR printed and distributed
August 15, 2005
Public Review period ends
September 29, 2005
Preliminary responses to comments submitted
October 18, 2005
City provides comments on responses
October 25, 2005
Draft Mitigation Monitoring and Findings submitted
October 25, 2005
Revised responses to comments submitted
October 31, 2005
Comments on MMP and Findings provided
October 31, 2005
Responses finalized
November 3, 2005
Planning Commission hearing
November 2005
City Council
December 2005
RVMJ�wewoonuaoe nTo Cmm d4 06.aoc
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EXHIBIT "Bar
SCHEDULE OF COMPENSATION
R: WmjsctsWewpor&*MBonTena Comma4W205.doc 26
Z4
Kbrodd
DWA
Plavdr
GIs
WP
Tops Rm
TOW Cool
$185.00
$140.00
$120A0
Seem
$55.00
Task 1 Pmjasd 10dmR
8
8
9
17
$2,580.00
Task 2 Nodob of ProprWon
Pmlkdmry Draft
0
40
8
0
62
60.100.00
RBNSkm
9
6
2
2
13
$1,695.00
Task 2 Subtotal
11
49
0
10
a
75
$91"500
Task Pre Amon of SOrnMsk SMR
6D
32
00
3D
$20,78O.OD
InbdS=mwplDodrproms
2DI
DD
Pmjm Deuuip0on
B
B
51,480.OD
bond wo end Plemkg
16
161
52240.00
Alrl)
e:
8
3720.OD
Tra spodoWn
16
16
d2B60.OD
Blokgical
4
4:
B
S1,,0W.OD
Hmr61
6
61
5720.OD
Nona
B
8
31,ED
Weud
Z/
24
59,960.OD
Newel Resoumec
6
6.
5840.00
Cumum"
24;
241
54,440.00
Task 3 SubmWl
1151
DO
16
60
50
1421
S40.400.00
Task 4 Prepare Draft EIR j2vomtonsj
Revised Saeun&d=k
! 321
32
6
18
18
107
579,620.00
Approval Draft
4!
8
4
4
201
$2.460.00
Task 4 Subtotal'!
38�
40
a
20
201
1221
37$,880.00
Task 6 Rmpenssa to COmmams
1
Preliminary SubmBpl
70: 60
20
4
6
160
$24,480.00
Ra Wons to Reapomes
2f11 2DI
10
2
6
58
$8,260.00
Task 6 Subotal
90,
80
6
12
218
$82,740.00
Task 6 CEGA FlndirgsKbmrddas
PrdiminarysubmBW
32
4
38
56,780.00
Ravbkvn to Fndrgs
12
3
15
$2,415.00
TaskMbtaW
44
7
51
$8,586.00
Task 7 MRISaBon Monftdmg and Raper0n0 Wan
Prelknlnary SubmhM
2
90
1 121
60
$8,190.00
Revisi mtoMMRP
8
2
10
$1250.00
Tack 7 ToW
2
44
0
0
14
60
$7A4D.00
Task 8 Pmjmt MCadn6s
72
201
92
$16,120A0
Task 9 Manapalmrd and Caardjnadw
158
18
122
$21,760.00
ToW BonTam Camu0ln0 Hmm
486
344
66
Be
91
899
TOW BWT4rre Comuldn6 Fm
$58, 726.00
$40.160A0
$61600A0
50.160.00
56,876.00
$168,680.00
Subeomuknd Fm
tknmu tawam Greampan
$94,300.00
Mesbe Gmm Assodape
$161000.00
Teel Subcomu0anl Fm
$1101100.00
Oireet Casts
Repmdm0on
$10,000.00
Ma6irgs and ovadght ddivedes
$700.00
RmOemomlrepoda
5800.00
ToW Dlrad Casts
$11,600.00
TOW Fm .
$280,180.00
R: WmjsctsWewpor&*MBonTena Comma4W205.doc 26
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EXHIBIT "C"
SCHEDULED BILLING RATES (HOURLY)
BonTerra
2004 -2005 FEE SCHEDULE
PROFESSIONAL CLASSIFICATION
HOURLYBILLING RATE
Principal
$135 -200
Associate Principal
120 -150
Biological /Environmental Manager
110 -130
Senior Planner /Senior Project Manager
105 -125
Senior Ecologist/Senior Restoration Ecologist
95 -110
Project Manager
90 -105
Cultural Resources Manager
95 -100
Senior Biologist/Biological Project Manager
80 -95
GIS Specialist
80 -90
Planner /Assistant Project Manager
60 -90
Field Monitor
65-90
Ecologist
55-80
Graphic Artist
65 -80
Project Assistant
60 -70
Administrative Assistant
60-65
Reimbursable Costs
Mileage $0.38 per mile
Copying /Reprographics cost plus 10%
Delivery/Ovemight Mail cost plus 10%
Other out -of- pocket expenses cost plus 10%
Suboonsultants cost plus 10%
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SCHEDULED BILLING RATES (HOURLY)
Linscott, Law and Greenspan
TITLE
PER HOUR
Principal Engineer ........................................................................... $195.00
Associate Principal Engineer ............................................................. 170,00
Senior Transportation Engineer ...............................
.........................145.00
Transportation Engineer III ...............................................................
130.00
Transportation Engineer 11 ................................................................
110.00
Transportation Engineer I ...................................................................
95.00
Senior Transportation Planner ................................................
........ . 130.00
Transportation Planner III ..........................................
........ ............. 110.00
Transportation Planner 11 ....................................................................
95.00
Transportation Planner I ..................................................
.................. 85.00
Engineering Associate 11 ................ ..........................................
......... 95.00
Engineering Associate I ................................ ..............
................. 90.00
CADD Drafter/Senior Technician ............ -- ....... ............................
90.00
Engineering Computer Analyst ........................
... — ............. 90.00
CADD Drafter/Technician ................... ......
...... .......... 85,00
Word Processor/Administrative Assistant ................. ..........................60.00
Engineering Computer Analyst I ..... ...... ........ ........
............... - 70.00
Engineering Technician ................. ......................................
............. 65.00
EngineeringAide I .................................... ...................................
45.00
R:%PMjeMV*wpon0JWskDonTen Contrecl -030205.4= 28
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SCHEDULED BILLING RATES (HOURLY)
Urban Crossroads
Compensation for Services
The Consultants Billing rates for services are as follows:
Position
Hourly Rates
Senior Principal ............................................. ............................... $150 -175
Principal.......................................................... ............................... 140 -165
Associate Principal ....................... ............................... ........................125 -150
Senior Associate .............................................. ............................... 110 -135
Associate...................................... ............................... ........................100 -125
SeniorAnalyst ................................................... ............................... 85-110
Analyst................................................................ ............................... 70 -95
Assistant Analyst ...................................................... ............................... 50-75
SeniorTechnician ................................................ ............................... 55 -80
Technician....... ......... ................... ............................. ..........................45 -70
Assistant Technician ................................................. ............................... 35 -60
Administrative Manager. ....................................................................
75-100
Administrative Supervisor .........................................
..........................60 -85
Administrative Assistant .... .......................................................................
45 -70
General
(1) Reimbursable direct costs, such as reproduction, supplies, messenger
service, long- distance telephone calls, travel, and traffic counts will be billed
at cost plus ten (10) percent.
(2) Hourly rates apply to work time, travel time, and time spent at public
hearings and meetings. For overtime work, the above rates may be
increased 50 percent.
(3) Client payment for professional services is not contingent upon the client
receiving payment from other parties.
(4) Billing statements 'for work will be submitted monthly. Statements are
payable within thirty (30) days of the receipt by client of statement. Any
statement unpaid after thirty (30) days shall be subject to interest at the
maximum permitted by law.
R:TmOW.We orlllO offem Contract- 03=5doc 29
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t,!Ov 13 1001
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( *100
CITY 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.
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:
am 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:
1. TERM
The term of the Agreement is extended until the 1" 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.
0 0
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
suboonsultant 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 501100
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,
A Municipal Corporation
Aaron Harp, Assistant City Attorney
ATTEST:
LaVonne Harkless, City Clerk
Attachments:
Homer Bludau, City Manager
CONSULTANT:
0
Title:
(Operating Officer)
Print Name:
IN
Title:
(Financial Officer)
Print Name:
Exhibit A — Letter requesting budget augment dated October 29, 2007
RECEIVED BY
PLANNING DEPARTMENT
OCT 3 12007
Xn "faGtlamri�,nwt Con orc.5 uurce CITY OF NEWPORT BEACH
,• Mon�emerr Corporofim
The scope of work assumed the preparation of a Screencheck EIR, one review
cycle for revisions to the Screenchock 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.
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
}
October 29, 2007
r ,+
Mr. James Campbell VIA EMAIL AND MAIL
<--
Senior Planner JCampbell Qc".newport- beach.ca.us
Y .:+
•.'rte
City of Newport Beach
Planning Department
�-
3300 Newport Boulevard
'ti •
/y� ✓:
Newport Beach, CA 92663
y
Subject: Request for Budget Augment No. 4 for the Hoag Hospital Master Plan
Update Project
Dear Mr. Campbell"
The scope of work assumed the preparation of a Screencheck EIR, one review
cycle for revisions to the Screenchock 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.
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
r ,+
needed to complete each task. BonTerra Consulting, the City, and Hoag
<--
understood that unanticipated occurrences can affect a scope of services. With
Y .:+
•.'rte
respect to the Hoag Master Plan project, several factors have resulted in changes
in BonTerra Consultin 's
g scope. These factors include but are not limited to staff
�-
changes within Hoag's Project Team; modification by Hoag resulting in an
. - L
expansion of the scope of services for the BonTerra Consulting Project Team, and
+. VA
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 BonTema Consulting Project
l '
Team but not billed to the City for worked tasks approved by the City and Hoag;
:;r•,':
and anticipated costs associated with the completion of work tasks by our Project
F- ": • " '
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 Screenchock 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.
0
Mr. James Campbell
October 29, 2007
Page 2
L
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 Study/Notice
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 Screenoheck EIR, second Screencheck EIR, and "proof check" EIR;
(4) direct costs associated with reproduction, deliveries/postage, 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,
BONTERRA CONSULTING
1
Dan . C. Privitt, AICP
Principal
Attachment A
cc: Cora Newman, Government Solutions, cora @govsol.com
Carol McDermott, Government Solutions, carol @govsol.com
FbP"-W"-*-&*WAuV�1CM7 ft
HoWtal 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 (8/23/05) (1124106) (08/23/06) Budget Request°' Budget
SONTERRA CONSULTING
Task 1: Project Kick Off $2,680.00
Task 2: Notice of Preparationilnitial Study $9,845.00
Task 3: Screencheck El
Task 4: Prepare Draft EIR
Task 5: Responses to Comments
Task 6: Findings and Overrides
Task 7: Mitigation Monitoring
Task 8: Meetings and hearings
Task 9: Management
$43,400.00 $6,300.00 $5,640.00
$i5,980.00
$32,740.00
$2,680.00 $0.00
$9,845.00 $0.00
$55,340.00 $0.00
$15,980.00 $7,500.00
$32,740.00 $32,740.00
$8,595.00
$8,595.00
$8,595.00
$7,440.00 $1,196.00
$8,636.00
$7,440.00
$16,120.00
$16,120.00
$7,000.00
$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 $15,260.00 $0.00 $192,816.00 $73,275.00 $266,091.00
a With the City's authorization, SonTerra Consulting has previously reallocate funds between tasks.
AAPM0* rzw,mm 0WUgmbn 102W.mc A•1 Budget Augment Request
0
0
Hoag NospRal Master Plan Update Project
HOAG HOSPITAL MASTER PLAN AMENDMENT
BUDGET AUGMENT REQUEST
Original
Augment
Augment
Augment
Total
Contract
No.1
No.2
No.3 Total
Aliment Revised
Task Name Amount
(8123/05)
(1124106)
(08=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
Linscott Law 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
(8123105)
(1/24106)
(08123106) 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 (WX05)
(1/24106)
(08123106) Budget
Request Budget
CDM $64,185.00
$0.00
$0.00 $64,185.00
$15,250.00 $79,435.00
CONTRACT TOTAL $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 AUGMEMT TOTAL $160,781.50
R:V"WAW M0WV,v"W02a0r.dw A•2 Budget Augment Request
AMENDMENT NORTO 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 24th day of January, 2006, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and
BONTERRA CONSULTING, a California 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 -whose term commenced on the 8th day of March, 2005, and was to
terminate on.the 30th day of January, 2006. On August 9, 2005, an Amendment
to the Agreement authorizing additional work and compensation for such work
and extending the term of the Agreement to May 15, 2006, was approved by City
Council ( "Amendment No. 1 ").
C. Consultant performed certain of the duties set forth in the Agreement and
Amendment No. 1 and has been paid for such duties consistent with the
Agreement as amended.
D. City desires to have Consultant complete additional duties determined
necessary, in addition to all duties set forth in the Agreement as amended 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 318t day of August 2006 unless
terminated earlier as set forth in the Agreement.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services set forth in the Agreement,
Amendment No. 1 and this Amendment No. 2 including, but not limited to, all
services set forth in the Scope of Services attached hereto as Exhibit A which is
incorporated herein by this reference. The City may elect to delete certain tasks
of the Scope of Services attached hereto at its sole discretion.
3. COMPENSATIONIO CONSULTANT •
For all services of Consultant to be performed pursuant to this Amendment, the
City shall pay Consultant on a time and expense not -to- exceed basis in
accordance with the provisions of this Section, the Schedule of Compensation
attached hereto as Exhibit B and incorporated herein by reference, and the
Billing Rates attached hereto as Exhibit C, and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with the
Agreement, Amendment No. 1, and with this Amendment No. 2, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred
Ninety-One. Thousand Six Hundred Ninety -One Dollars and no /100
($391,691.00) without additional written authorization from City. Consultant's
compensation includes the Agreement amount of Two Hundred Eighty Thousand
Three Hundred Sixty Dollars and no /100 ($280,360), Amendment No. 1 in the
amount of Seventy -Four Thousand One Hundred Eighty -One and no /100
($74,181.00), and an amount of Thirty -Seven Thousand One Hundred Fifty
Dollars and no /100 ($37,150.00) for services in accordance with this Amendment
No. 2. No billing rate changes shall be made during the term of the Agreement,
as amended, without the prior written approval of City.
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 C. Harp, Assistant City Atto
for the City of Newport Beach
CITY OF NEWPORT BEACH,
A Municipal CorporationA
Tier BluBau, City Manager
the City of Newport Beach
ATTEST: G NSULTANT:
4RORNr .
BY C? B
LaVonne Harkless, Kathleen Brady, Princip
City Clerk for BonTerra Consulting
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
Exhibit C- Billing Rates
• EXHIBIT "A"
SCOPE OF SERVICES
AMENDMENT NO.2
Task 1 Traffic Modeling Support Services
0
$8,400.00
Urban Crossroads will provide the necessary traffic modeling to support the evaluation
of the two alternatives in the Environmental Impact Report (EIR) for Hoag Hospital. To
complete this effort; the following work is necessary:
a. Perform the: revised With Project model run, perform post -model refinements
(i.e., intersection peak hour turning movement volume and daily roadway
segment volume forecasts post - processing), and review results.
b. Perform the: Project Alternative model run, perform post -model refinements
(i.e., intersection peak hour turning movement volume and daily roadway
segment volume forecasts post - processing), and review results.
c. Perform sensitivity analysis of the With Project scenario to evaluate access
assumptions and review daily model volume results only.
Task 2 Traffic Analysis
$11,000.00
Once the traffic modeling data is available from Urban Crossroads, Linscott, Law and
Greenspan (LLG) will incorporate the analysis into the traffic report. To ensure the traffic
report has the appropriate analysis required for the EIR, LLG has identified three
primary tasks.
a. Review and incorporate the updated forecasts from Urban Crossroads, and redo
the traffic impact analysis based on those refined forecasts.
b. Develop trip.generation estimates and complete a traffic impact analysis for the
project alternative.
c. Incorporate the project alternative into the report and develop pertinent tables
and figures for the project alternative's inclusion in the report.
Task 3 Air Quality and Noise Analysis
$2,490.00
Mestre Greve Associates will be responsible for analyzing the additional alternative for
potential air quality. and noise impacts. In addition, Mestre Greve Associates did not
originally budget for team meetings. They have attended three meetings on the project
to date. In addition; it is anticipated that their participation may be required at up to two
more meeting.
A -3
Task 4 Alternatives A• sis
• $5,640.00
The original scope of work for the Supplemental EIR assumed no evaluation of
alternatives. Based on the discussion at the team meetings, the EIR will now evaluate
an alternative that transfers 150,000 square feet from the Lower Campus to the Upper
Campus. Since there will now be an alternatives section of the Supplemental EIR, it is
also recommended that there be a brief discussion of the No Project Alternative. No
new analysis is proposed for the No Project Alternative. The findings from the Final EIR
will be used as the basis for this analysis. This task assumes 32 hours of the Associate
Principal and eight hours for the Principal/Project Manager.
Task 5 Management
The additional work effort and previous d
approximately six months. As a result,
associated with the proposed project. An
the Project Manger during this time period.
$9;620.00
elays have extended the project schedule by
there will be additional management time
average of two hours a week is assumed by
TOTAL PROFESSIONAL FEES AND DIRECT EXPENSES
A -4
37, 950.00
• •
EXHIBIT "B"
SCHEDULE OF COMPENSATION — AMENDMENT NO.2
Task 1
Traffic Modeling Support Services
$ 8,400.00
Task 2
Traffic Analysis
11,000.00
Task 3
Air Quality and Noise Analysis
2,490.00
Task 4
Alternatives Analysis
5,640.00
Task 5
Management
$ 9.620.00
Total Amendment Request $37,150.00
8 -1
•
EXHIBIT "C"
BILLING RATES (HOURLY)
BonTerra
2004 -2005 FEE SCHEDULE
0
PROFESSIONAL CLASSIFICATION
HOURLYBILLING RATE
Principal
$135 -200
Associate Principal
120 -150
Biological/Environmental Manager
110 -130
Senior Planner /Senior Project Manager
105 -125
Senior Ecologist/Senior Restoration Ecologist
95-110
Project Manager
90 -105
Cultural Resources Manager
95 -100
Senior Biologist/Biological Project Manager
80 -95
GIS Specialist
80 -90
Planner /Assistant Project Manager
60 -90
Field Monitor
65 -90
Ecologist
55 -80
Graphic Artist
65 -80
Project Assistant
60 -70
Administrative Assistant
60 -65
Reimbursable Costs
Mileage $0.38 per mile
Copying /Reprographics cost plus 10%
Delivery/Overnight Mail cost plus 10%
Other out -of- pocket expenses cost plus 10%
Subconsultants cost plus 10%
• � C3g�tOJ —�jJlc
C. -3r) �0'0
• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
January 24, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY
FROM: Patricia Temple, Planning Director I JM 24 2006
949/644 -3228 ptemple @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.
. 1) Approve an Amendment to the Professional Services Agreement with BonTerra
Consulting of Costa Mesa, California, for additional work required for preparation of a
Supplemental Environmental Impact Report for an additional amount not to exceed
$37,150; and
2) Authorize City Manager to sign Agreements.
DISCUSSION:
Hoag Memorial Hospital Presbyterian proposes to revise the Master Plan for the
hospital campus that was approved in 1992. The application for revision of the Hoag
Hospital Master Plan includes requests for approval of an Amendment to the General
Plan Land Use Element (Hoag Hospital Area), a Planned Community Development Plan
Amendment, and amendment of the Development Agreement.
Environmental Impact Report Preparation
The Environmental Impact Report (EIR) prepared in 1992 for the existing Hoag Master
Plan required updating in conjunction with revision of the Master Plan. On March 8,
2005, the City Council approved a Professional Services Agreement with BonTerra
Consulting of Costa Mesa in the amount of $280,360 for preparation of a Supplemental
EIR for the revised Master Plan. The contract is due to expire on May 15, 2006.
BonTerra Consulting, City staff, and Hoag Hospital representatives subsequently
agreed that additional analysis of potential noise impacts and a Health Risk Assessment
• • Hoag Hospital EIR
January 24, 2006
Page 2
associated with operation of additional generators were required. On August 9, 2005,
City Council approved an Amendment to the Professional Services Agreement for an
additional $74,181.
Since approval of the Amendment to the Professional Services Agreement, Hoag
Hospital has requested that an alternative to the project originally proposed also be
analyzed in the Supplemental EIR. A Scope of Work for the additional tasks necessary
for this alternative is included in the "Second Amendment to Professional Services
Agreement' (Attached). Because of previous delays and the additional tasks, the
Second Amendment includes an extension of the contract expiration date to August 31,
2006. The additional tasks and associated costs are summarized as follows:
Task 1 Traffic Modeling Support Services $ 8,400
Task 2 Traffic Analysis 11,000
Task 3 Air Quality and Noise Analysis 2,490
Task 4 Alternatives Analysis 5,600
Task 5 Management 9,620
Amendment Total $37,150
Staff has reviewed the Scope of Work for additional tasks needed for evaluation of the
project alternative in the Supplemental EIR and believes it is adequate to meet or exceed
the minimum requirements set forth by the California Environmental Quality Act. The fees
for tasks described in the Scope of Work have been reviewed by staff and are considered
appropriate and warranted.
Funding Availability:
The cost for professional services for the original contract and for this Amendment to
the contract will be the responsibility of Hoag Memorial Hospital Presbyterian.
Submitted by:
Prepared by:
a
AA /Um
PATRICIA TEMPL 'DAVID EPO
Planning Director Hogle- Ireland, Inc.
Project Planner
i
0
Attachments: 1. Draft Amendment to Professional Services Agreement 40
u
0
0
AMENDMENT* PROFESSIONAL SERVICES AAEMENT 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 24th day of January, 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 whose term commenced on the 81h day of March, 2005, and was to
terminate on the 301h day of January, 2006, and an Amendment to the
Agreement authorizing additional work and compensation for such work and
extending the term of the Agreement to May 15, 2006, was approved by City
Council on August 9, 2005.
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 31St day of August 2006 unless
terminated earlier as set forth in the Agreement.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached to the Agreement, all services described in the Scope of
Services attached to an Amendment and all the services described in the Scope
of Services attached hereto as Exhibi t
The City may elect to delete certain
hereto at its sole discretion.
A -1
A and incorporated herein by reference.
tasks of the Scope of Services attached
5
3. COMPENSATIOPO CONSULTANT •
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section, the Schedule of .
Compensation attached to the Agreement as Exhibit B and the Schedule of
Compensation attached hereto as Exhibit B and incorporated herein by
reference, and the Billing Rates attached to the Agreement as Exhibit C and the
Billing Rates attached hereto as Exhibit C, and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with the
Agreement and with this Amendment, including all reimbursable items and
subconsultant fees, shall not exceed Three Hundred Ninety-One Thousand Six
Hundred Ninety -One Dollars and no /100 ($391,691.00) without additional
authorization from City. Consultant's compensation includes the Agreement
amount of Two Hundred Eighty Thousand Three Hundred Sixty Dollars and
no /100 ($280,360), a previously- approved Amendment amount of Seventy-Four
Thousand One Hundred Eighty -One and no /100 ($74,181), and an amount of
Thirty -Seven Thousand One Hundred Fifty Dollars and no /100 ($37,150) for
services in accordance with this Amendment No. 2. 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,
A Municipal Corporation
By:
Robin Clauson, City Attorney Homer Bludau, City Manager
for the City of Newport Beach for the City of Newport Beach
ATTEST: CONSULTANT:
By: By:
LaVonne Harkless, Kathleen Brady, Principal
City Clerk for BonTerra Consulting
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
Exhibit C- Billing Rates
•
A -2
11
EXHIBIT "A"
SCOPE OF SERVICES
AMENDMENT NO. 2
Task 1 Traffic Modeling Support Services
0
$8,400.00
Urban Crossroads will provide the necessary traffic modeling to support the evaluation
of the two alternatives in the Environmental Impact Report (EIR) for Hoag Hospital. To
complete this effort, the following work is necessary:
a. Perform the revised With Project model run, perform post -model refinements
(i.e., intersection peak hour turning movement volume and daily roadway
segment volume forecasts post - processing), and review results.
b. Perform the Project Alternative model run, perform post -model refinements
(i.e., intersection peak hour turning movement volume and daily roadway
segment volume forecasts post - processing), and review results.
c. Perform sensitivity analysis of the With Project scenario to evaluate access
assumptions and review daily model volume results only.
Task 2 Traffic Analysis $11,000.00
Once the traffic modeling data is available from Urban Crossroads, Linscott, Law and
Greenspan (LLG) will incorporate the analysis into the traffic report. To ensure the traffic
report has the appropriate analysis required for the EIR, LLG has identified three
primary tasks.
a. Review and incorporate the updated forecasts from Urban Crossroads, and redo
the traffic impact analysis based on those refined forecasts.
b. Develop trip generation estimates and complete a traffic impact analysis for the
project alternative.
c. Incorporate the project alternative into the report and develop pertinent tables
and figures for the project alternative's inclusion in the report.
Task 3 Air Quality and Noise Analysis
$2,490.00
Mestre Greve Associates will be responsible for analyzing the additional alternative for
potential air quality and noise impacts. In addition, Mestre Greve Associates did not
originally budget for team meetings. They have attended three meetings on the project
to date. In addition, it is anticipated that their participation may be required at up to two
more meeting.
A -3
Task 4 Alternatives Alysis • $5,640.00
The original scope of work for the Supplemental EIR assumed no evaluation of
alternatives. Based on the discussion at the team meetings, the EIR will now evaluate .
an alternative that transfers 150,000 square feet from the Lower Campus to the Upper
Campus. Since there will now be an alternatives section of the Supplemental EIR, it is
also recommended that there be a brief discussion of the No Project Alternative. No
new analysis is proposed for the No Project Alternative. The findings from the Final EIR
will be used as the basis for this analysis. This task assumes 32 hours of the Associate
Principal and eight hours for the Principal/Project Manager.
Task 5 Management $9,620.00
The additional work effort and previous delays have extended the project schedule by
approximately six months. As a result, there will be additional management time
associated with the proposed project. An average of two hours a week is assumed by
the Project Manger during this time period.
TOTAL PROFESSIONAL FEES AND DIRECT EXPENSES 37,150.00
•
0
A -4
0
0
• EXHIBIT "B" •
SCHEDULE OF COMPENSATION — AMENDMENT NO. 2
Task 1 Traffic Modeling Support Services $ 8,400.00
Task 2 Traffic Analysis 11,000.00
Task 3 Air Quality and Noise Analysis 2,490.00
Task 4 Alternatives Analysis 5,640.00
Task 5 Management $ 9.620.00
Total Amendment Request $37,150.00
B-1
1
C�
EXHIBIT "C"
BILLING RATES (HOURLY)
BonTerra
2004 -2005 FEE SCHEDULE
PROFESSIONAL CLASSIFICATION
HOURLYBILLING RATE
Principal -
$135 -200
Associate Principal
120 -150
Biological /Environmental Manager
110 -130
Senior Planner /Senior Project Manager
105 -125
Senior Ecologist/Senior Restoration Ecologist
95 -110
Project Manager
90 -105
Cultural Resources Manager
95 -100
Senior Biologist/Biological Project Manager
80 -95
GIS Specialist
80 -90
Planner /Assistant Project Manager
60 -90
Field Monitor
65 -90
Ecologist
55 -80
Graphic Artist
65 -80
Project Assistant
60 -70
Administrative Assistant
60 -65
Reimbursable Costs
Mileage $0.38 per mile
Copying /Reprographics cost plus 10%
Delivery/Overnight Mail cost plus 10%
Other out -of- pocket expenses cost plus 10%
Subconsultants cost plus 10%
0
0
0
a
BY THE
CRY OF N
1005
Ob
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. s
August 23, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Patricia Temple, Planning Director
949/644 -3228 ptemple @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.
1) Approve an Amendment to the Professional Services Agreement with BonTerra
Consulting of Costa Mesa, California, for additional work required for preparation of a
Supplemental Environmental Impact Report for an additional amount not to exceed
$74,181; and
2) Authorize City Manager to sign Agreement.
DISCUSSION:
Hoag Memorial Hospital Presbyterian proposes to revise the Master Plan for the
hospital campus that was approved in 1992. The application for revision of the Hoag
Hospital Master Plan includes requests for approval of an Amendment to the General
Plan Land Use Element (Hoag Hospital Area), a Planned Community Development Plan
Amendment, and amendment of the Development Agreement.
Environmental Impact Report Preparation
Certain sections of the Environmental Impact Report (EIR) prepared in 1992 for the
existing Hoag Master Plan are applicable to the proposed Master Plan update. Other
sections require updating and revision. As a result, a Supplemental EIR was
determined to be the appropriate document for complying with requirements of the
California Environmental Quality Act relative to the Master Plan revision. On March 8,
2005, the City Council approved a Professional Services Agreement with BonTerra
• • Hoag Hospital EIR
August 9, 2005
Page 2
Consulting of Costa Mesa in the amount of $280,360 for preparation of a Supplemental
EIR. In the course of preparing the Supplemental EIR, BonTerra Consulting, City staff,
and Hoag Hospital representatives agreed that additional analysis of potential noise
impacts and a Health Risk Assessment associated with operation of additional
generators at the electricity cogeneration facility were required.
A Scope of Work for the additional tasks necessary to complete the Supplemental EIR
is included in the "Amendment to Professional Services Agreement' (Attached). As
subconsultants to BonTerra Consulting, Mestre Greve Associates will be responsible for
the additional noise analysis and Camp Dresser McKee will prepare the Health Risk
Assessment. The Scope of Work includes BonTerra's costs for incorporating the
subconsultants' analyses into the Supplemental EIR and for additional costs incurred in
preparation of the Notice of Preparation of the Supplemental EIR. The additional tasks
and associated costs are summarized as follows:
Health Risk Assessment $69,785
Noise Analysis 3,200
Notice of Preparation 1.196
$74,181
Staff has reviewed the Scope of Work for additional tasks necessary to complete the
Supplemental EIR and believes it is adequate to meet or exceed the minimum
requirements set forth by the California Environmental Quality Act. The fees for tasks
described in the Scope of Work have been reviewed by staff and are considered
appropriate and warranted.
Funding Availability:
The cost for professional services for the original contract and for this Amendment to
the contract will be the responsibility of Hoag Memorial Hospital Presbyterian.
Submitted by: Prepared by:
pa"(ik 64
PATRICIA TEMPILE
Planning Director
DAVID LEPO
Hogle- Ireland, Inc.
Project Planner
Attachments: 1. Draft Amendment to Professional Services Agreement
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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 23th day of August,
2005, 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 whose term commenced on the eh day of March,
2005, and is to terminate on the 30th day of January, 2006.
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.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of the Agreement is extended until the 15th day of May 2006 unless
terminated earlier as set forth in the Agreement.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope
of Services attached to the Agreement and all the services described in
the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference. The City may elect to delete certain tasks of the
Scope of Services attached hereto at its sole discretion.
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3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section, the
Schedule of Compensation attached to the Agreement as Exhibit B and
the Schedule of Compensation attached hereto as Exhibit B and
incorporated herein by reference,. and the Billing Rates attached to the
Agreement as Exhibit C and the Billing Rates attached hereto as Exhibit
C, and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with the
Agreement and with this Amendment, including all reimbursable items and
subconsultant fees, shall not exceed Three Hundred Fifty -Four
Thousand Five Hundred Forty-One Dollars and no /100 ($354,541)
without additional authorization from City. Consultant's compensation
includes the Agreement amount of Two Hundred Eighty Thousand Three
Hundred Sixty Dollars and no /100 ($280,360) and the Amendment amount
of Seventy-Four Thousand One Hundred Eighty -One and no /100
($74,181) for services in accordance with this Amendment. 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:
Robin Clauson, City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Homer Bludau, City Manager
for the City of Newport Beach
CONSULTANT:
By:
Kathleen Brady, Principal
for BonTerra Consulting
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
Exhibit C- Billing Rates
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EXHIBIT "A"
SCOPE OF SERVICES
Additional work effort is required in three technical areas: a health risk assessment, additional
noise and air quality assessment, and the mitigation monitoring.
Health Risk Assessment
The NOP identifies that long -term air emissions would be associated with increased vehicular
traffic and activities on the project site, including combustion of natural gas and generation of
electricity. The first phase of the cogeneration facility is being constructed with three
generators, providing 4.5 megawatts, as well as a boiler. The cogeneration facility design
provides for a future expansion, which would include an additional three generators providing
another 4.5 megawatts. These pieces of equipment would require Air Quality Management
District (AQMD) permits. Based on discussion with the South Coast AQMD (SCAQMD) staff, a
health risk assessment would be required prior to issuance of permits for this equipment. While
the project is not requesting construction level approvals, it is a reasonably foreseeable action
and should be included in the EIR analysis. The following scope of work would be completed by
CDM; however, BonTerra Consulting requires an additional 32 hours of staff time for
coordination with SCAQMD, and review and summarization of the technical report. BonTerra
Consulting's cost for this effort would be $5,600.00.
Task 1 — Review of Existing Documentation and Data
Prior to developing the Air Toxics HRA Modeling Protocol, existing documentation and data will
be reviewed. The type of information anticipated to be available for review would include
existing SCAQMD permits for similar units at the hospital, the Draft EIR that this document
supplements, topographical maps of the hospital and surroundings, available meteorological
data, and surrounding area Land Use Plans. The costs associated with this task are $2,780.
Task 2 — Prepare Air Toxics HRA Modeling Protocol
The modeling protocol will define the methods and data that will be used in developing emission
inventories, conducting air dispersion analyses, and evaluating health risks associated with on-
site source operations and modifications. It is assumed that the models used will include the
U.S. EPA ISCST3 dispersion model. One meeting with regulatory agencies (SCAQMD, at
least) is included to obtain comments and agency buy -in to the modeling methodology. One
iteration of the protocol is included to incorporate comments from the SCAQMD. The costs
associated with this task are $4,170.
Task 3 — Prepare Toxic Air Pollutant Emission Inventories
Toxic pollutant emission inventories will be developed by applying speciation profiles for
organics and particulate matter to the natural gas engine ROG emission inventories. The
appropriate speciation profile for each source or source group will be defined in the modeling
protocol developed under Task 2. The costs for this task are $6,820.
Task 4 — Conduct Air Dispersion Modeling of Toxic Air Contaminants
The emissions of toxic organic compounds will be analyzed using ISCST3, as described in the
modeling protocol, to estimate annual average ground level concentrations. It is assumed that
approximately up to five (5) toxic compounds will need to be analyzed. The receptors to be
analyzed will include several on -site locations that represent occupational exposure points, and
approximately 200 receptors located at the hospital boundary and beyond to assess impacts to
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residential, school child, off -site worker, and other sensitive receptor locations. No more than
220 receptors will be analyzed for this HRA. The costs for this task are $8,400.
Task 5 — Conduct Human Health Risk Assessment
The potential incremental chronic cancer risks and non - cancer hazards associated with two (2)
future scenarios for the set of critical receptors determined from Task 5 (fenceline, maximum
exposed individuals (MEI) on- and offsite, school children) will be estimated. Incremental risks
and hazards reflect the increase or decrease of potential exposure of project and no project
scenarios relative to existing baseline. The HRA will be conducted following OEHHA guidance.
Construction sources are not currently included in the scope of this HRA. The costs associated
with this task are $15,020.
Task 6 — Narrative Cumulative Impacts Assessment
The potential effects of nearby projects that are reasonably foreseeable and expected to occur
during the same time period as that analyzed for this Hoag Hospital project will be discussed. It
is assumed that BonTerra will have previously identified those projects that are to be included in
the cumulative impacts analysis, and that sufficient documentation exists for these other
projects to identify their potential impacts to air quality and health risks without additional
emissions or dispersion modeling analyses. The costs associated with this task are $5,080.
Task 7 — Documentation
The findings of the Air Toxic HRA will be reported in appropriate sections of the DSEIR. It is
assumed that one preliminary draft of the sections will be submitted to BonTerra and hospital
staff for review and comment, and the comments will be incorporated into final sections to be
included in the DSEIR. Also, included is a collection of referenced documents (or portions
thereof) for the Administrative Record. Documentation necessary to complete the Final EIR,
Response to Comments, and /or Errata to the DSEIR are not included in the cost estimate. No
other revisions of the DSEIR sections, except as described above, are included with this scope
and cost estimate. The costs associated with this task are $15,885.
Task 8 — Meetings and Hearings
It is assumed that one (1) CDM representative will attend meetings, participate in conference
calls, and attend one (1) public hearing. These meetings and associated preparation time are
assumed to consume no more than 20 hours. It is anticipated that no more than four (4)
meetings and four (4) conference calls will be needed. The costs for this task are $6,030.
Noise Monitorina /Air Quality Assessment
Based on the comments received on the NOP, additional noise readings and odor analysis are
warranted to address the concerns of several members of the public regarding existing
operations. Specifically, the concerns with associated with the operations on the hospital
loading dock. . While these would not be project impacts pursuant to the California
Environmental Quality Act, it is recommended that these issues be evaluated in the noise
technical report and incorporated into the SEIR as part of the existing conditions discussions.
This would ensure that there is sufficient data available at the time of the public hearings on the
project to address their concerns. The additional monitoring would be an augment to Mestre
Greve Associates current scope of work. Given the additional complexities of the technical
report, BonTerra Consulting is assuming an additional four hours of staff time for coordination
and addressing the additional noise analysis.
•
Task 1— Characterization
The first step will be to provide a characterization of these operations in terms of when they
occur, their duration, and their frequency. Further, we can perform an odor assessment for the
pumping operations at the same time measurements are performed. At least one pumping
event should be observed with noise measurements. Measurements of noise generated by the
sterilizer and box crusher should be relatively easy to perform with the cooperation of the
Hospital. Measurements of loading dock operations are more difficult due to the variability of
activity. Likely, several measurements at different times of the day and night will be required. A
more general characterization of the activity will require more and longer noise measurement
periods. Assuming the pump measurements will need to occur on the weekend, and the
loading dock activities will require approximately four hours of daytime, including one weekend,
and approximately two hours of evening /nighttime measurements the approximate cost for
assessing the noise impacts of these existing activities is $2,500.
Mitigation Monitoring
The scope of work assumed that .one set of revisions would be required for the Notice of
Preparation. The internal review process for the NOP was extended while the specifics of the
project were negotiated by the City and Hoag Hospital. In addition, as part of that effort a
review of all the existing mitigation measures was incorporated into the NOP. As a result,
multiple versions of the document were prepared. The additional time spent on the NOP was
allocated to the Mitigation Monitoring and Reporting Program (MMRP). To ensure sufficient
funds for the ultimate preparation of the MMRP, an additional 7.9 hours of staff time is being
budgeted for the MMRP task.
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HOAG HOSPITAL MASTER PLAN
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT SCHEDULE
The coordination process on the project, specifically associated with the traffic analysis has
taken longer than expected. As a result the overall project schedule has been extended. The
following represents the current schedule for the project.
TASK
Previous
Schedule
Revised
Schedule 7/25105
Project Description and Approach Finalized.
2/25/2005
2/25/2005
Scope of Work determined to be acceptable
3/1/2005
3/1/2005
Submittal of Draft NOP for City review
3/1/2005
311/2005
City provides comments on Draft NOP
318/2005
3/8/2005
Revisions to NOP made and resubmitted to the City
3/15/2005
3/15/2005
City approval of NOP for distribution
3/17/2005
4/1312005
NOP distributed 30 -day comment period
3118/2005
4/15/2005
Traffic modeling completed by Urban Crossroads
4/8/2005
July 22, 2005
Visual simulations provided by Hoag Hospital
4/8/2005
not necessary
NOP 30-day comment period ends
4/1812005
5/1812005
Traffic data provided to Mestre Greve Associates
8/23/2005
Traffic technical study submitted
5/20/2005
8/30/2005
City provides comments on the draft traffic report
6/3/2005
916/2005
Revise traffic report completed
6/17/2005
9/13/2005
Screencheck EIR (w /o HRA) with appendices submitted
6/30/2005
9/27/2005
Preliminary Draft of HRA submitted
10/11/2005
City provides comments on the SEIR
7/14/2005
10/11/2005
City provides comments on HRA
10/18/2005
Revised Screencheck EIR submitted to City
7/2812005
11/1/2005
City provides comments on revised SEIR
8/2/2005
11/8/2005
Administrative Draft Supplemental EIR submitted
8/9/2005
11/14/2005
Approval to print SEIR
8/11/2005
11/15/2005
SEIR printed and distributed
8/15/2005
11118/2005
Public Review period ends
9/29/2005
1/3/2006
Preliminary responses to comments submitted
10/18/2005
1/24/2006
City provides comments on responses
10/25/2005
1/31/2006
Draft Mitigation Monitoring and Findings submitted
10/25/2005
1/31/2006
Revised responses to comments submitted
10/31/2005
2/7/2006
Comments on MMP and Findings provided
10/31/2005
2/7/2006
Responses finalized
11/3/2005
2/13/2006
Planning Commission hearing
Nov. 2005
late Feb. 2006
City Council
Dec. 2005
March -06
EXHIBIT B
SCHEDULE OF COMPENSTATION
Health Risk Assessment
CDM $64,185.00
BonTerra Consulting 5.600.00
HRA Total $69,785.00
Noise Analysis
Mestre Greve Associates $ 2,500.00
BonTerra Consulting staff time 700.00
Noise Total $ 3,200.00
Mitigation Monitoring
BonTerra Consulting staff time $ 1,196.00
TOTAL AMENDMENT REQUEST $74,181.00
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EXHIBIT C
BILLING RATES (HOURLY)
E
The billing rates for BonTerra Consulting and Mestre Greve Associates, have not
changed from the original contract. CDM is being added to the contract. The following
rates apply:
CATEGORY
RATE
Staff Labor
Per Hour
Officer
$200.00
Principal/Associate
$175.00 - $190.00
Senior Professional
$155.00 - $160.00
Professional))
$130.00 - $135.00
Professional)
$110.00 - $115.00
Senior Designer
$100.00 4110.00
Designer/Technician
$85.00 - $90.00
Project Support
$65.00 - $70.00
Contract Administrator
$85.00 - $90.00
Miscellaneous Ex enses
Auto Milea a
Current IRS Rate
Computer Time - AutoCAD
$12.00 /1-lour
Reproduction — B &W
$0.10 /Pa e
Reproduction - Color
$1.00 /Pa e
Outside Services
Cost +10%
Materials & Other Expenses
Cost +10%
• a .N10
PROFESSIONAL SERVICES AGREEMENT WITH
BONTERRA CONSULTING FOR PREPARATION OF A SUPPLEMENTAL EIR
FOR THE HOAG HOSPITAL MASTER PLAN UPDATE
THIS AGREEMENT is made and entered into as of this 8th day of March, 2005,
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 is planning to prepare a Supplemental Environmental Impact Report
(EIR) in conjunction with the proposed Hoag Hospital Master Plan Update.
C. City desires to engage Consultant to prepare a Supplemental
Environmental Impact Report ( "Project ").
D. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this
Agreement.
E. The principal member of Consultant for purposes of Project, shall be
Kathleen Brady.
F. 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 above written date, and
shall terminate on the 30th day of January, 2006, 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
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reference. The City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
3. TIME OF PERFORMANCE
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. The failure by Consultant to strictly
adhere to the schedule may result in termination of this Agreement by -
City.
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 to the other party so
that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant
shall respond in the most expedient and appropriate manner under
the circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section, the
Schedule of Compensation attached hereto as Exhibit B, and the Billing
Rates attached hereto as Exhibit C, both 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 Hundred Eighty Thousand
Three Hundred Sixty Dollars and no /100 ($280,360) without additional
authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.1 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.
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City shall pay Consultant no later than thirty (30) days after
approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred
by Consultant:
A. The actual costs of subconsultants for performance of any of
the services that Consultant agrees to render pursuant to
this Agreement, which have been approved in advance by
City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant
in the performance of this Agreement.
4.3 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 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 C.
5. PROJECT MANAGER
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 Kathleen Brady 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.
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.
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6. ADMINISTRATION
This Agreement will be administered by the Planning Department.
Patricia Temple shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator
or his/her authorized representative shall represent City in all matters
pertaining to the services to be rendered pursuant to this Agreement. In
performing duties set forth in the Scope of Services in Exhibit 'W',
Consultant shall report to, coordinate with, receive direction from, and be
responsive to David Lepo, Senior Project Manager for Hogle- Ireland, Inc.
under separate contract with City, as an authorized representative of the
Project Administrator.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to
coordinate the required bid documents with City's reproduction
company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
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. All services shall be performed by qualified and
experienced personnel who are not employed by City, nor have any
contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall
obtain all licenses, permits, qualifications, insurance and approvals
of whatsoever nature that are legally required of Consultant to
practice its profession. Consultant further represents and warrants
to City that Consultant shall, at its sole cost and expense, keep in
effect or obtain at all times during the term of this Agreement, any
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and all licenses, permits, insurance and other approvals that are
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, or 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
To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions,
officers, agents and employees (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,
attorney's fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims "), which may arise
from or in any manner relate (directly or indirectly) to any work performed
or services provided under this Agreement (including, without limitation,
defects in workmanship or materials and /or design defects [if the design
originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly
or indirectly by any of them or for whose acts they may be liable or any or
all of them).
Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim
arising from the sole negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any
award of attorney's 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
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• •
expressed terms of this Agreement. 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 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 and/or
his /her duly authorized designee 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, a policy or policies of
liability insurance of the type and amounts described below and in a form
satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the
insurance coverage required herein. Insurance certificates must be
approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of
insurance shall be kept on file with City's at all times during the
term of this Agreement.
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B. Signature. A person authorized by the insurer to bind coverage on
its behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall
maintain Workers' Compensation Insurance and Employer's
Liability Insurance for his or her employees in accordance
with the laws of the State of California. In addition,
Consultant shall require each subcontractor to similarly
-maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with the laws of the State
of California for all of the subcontractor's employees. Any
notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of
non - payment of premium) prior to such change. The insurer
shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising
from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain
commercial general liability insurance in an amount not less
than one million dollars ($1,000,000) per occurrence for
bodily injury, personal injury, and property damage, including
without limitation, contractual liability. If commercial general
liability insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this
Agreement, or the general aggregate limit shall be at least
twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property
damage for all activities of the Consultant arising out of or in
connection with work to be performed under this 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 for each
occurrence.
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iv. Professional Errors and- Omissions Insurance. Consultant
shall maintain professional errors and omissions insurance,
which covers the services to be performed in connection
with this Agreement in the minimum amount of one million
dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability
insurance policy shall be endorsed with the following specific
language:
The City, its elected or appointed officers, officials,
employees, agents and volunteers are to be covered as
additional insureds with respect to liability arising out of work
performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as
respects to City, its elected or appointed officers, officials,
employees, agents and volunteers as respects to all claims,
losses, or liability arising directly or indirectly from the
Consultant's operations or services provided to City. Any
insurance maintained by City, including any self- insured
retention City may have, shall be considered excess
insurance only and not contributory with the insurance
provided hereunder.
iii. This insurance shall act for each insured and additional
insured as though a separate policy had been written for
each, except with respect to the limits of liability of the
insuring company.
iv. The insurer waives all rights of subrogation against City, its
elected or appointed officers, officials, employees, agents
and volunteers.
V. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to City, its elected or
appointed officers, officials, employees, agents or
volunteers.
vi. The insurance provided by this policy shall not be
suspended, voided, canceled, or reduced in coverage or in
limits, by either party except after thirty (30) calendar days
(10 calendar days written notice of non - payment of
premium) written notice has been received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claim made or suit instituted arising out of or
resulting from Consultant's performance under this. Agreement.
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G. Additional 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.
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 cotenancy, 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.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by
City to perform work on this Project are identified in Exhibit A. Consultant
shall be fully responsible to City for all acts and omissions of the
subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and 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.
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
Each and every report, draft, map, record, plan, document and other
writing produced (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. Consultant shall, at Consultant's expense,
provide such Documents to City upon prior written request.
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.
18. 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 authorizes in writing the release of
information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including
costs, for infringement of any United States' letters patent, trademark, or
copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work 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 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.
21. 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 his /her 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
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during the time period, from the date of withholding of any amounts found
to have been improperly withheld.
22. 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 paragraph is intended to limit City's rights under any other
sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject. to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be
materially affected by the work performed under this Agreement, and (2)
prohibits such persons from making, or participating in making, decisions
that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the
Act. 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.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms
of this Agreement shall be given in writing, to City by Consultant and
conclusively shall be deemed served when delivered personally, or on the
third business day after the deposit thereof in the United States mail,
postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Attn: Patricia Temple
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3200
Fax: 949 -644 -3229
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All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attn: Kathleen Brady
BonTerra Consulting
151 Kalmus Drive, Suite E -200
Costa Mesa, CA 92626
Phone: (714) 444 -9199
Fax: (714) 444 -9599
26. TERMINATION
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
parry 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, the non - defaulting party may terminate the Agreement
forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by
giving 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.
27. 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.
28. 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.
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29. 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. 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.
31. 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.
32. 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.
33. 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.
33. 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 of race, religion, color; national origin, handicap,
ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
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APPROVED AS TO FORM:
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CITY OF NEWPORT BEACH,
A Municipal Corporation
JOULMWA
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
Exhibit C - Billing Rates
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EXHIBIT "A"
SCOPE OF SERVICES
Proiect Understanding
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The City of Newport Beach prepared Program Environmental Impact Report
(EIR) 142 for the Hoag Hospital Master Plan and Supplemental Draft EIR in
1992. The CEQA Guidelines identify a Program EIR as "an EIR which may be
prepared on a series of actions that can be characterized as one large project
and are related either:
(1) Geographically,
(2) Logical parts in the chain of contemplated actions,
(3) In connection with issuance of rules, regulations, plans, or other
general criteria to govern the conduct of a continuing program, or
(4) As individual activities carried out under the same authorizing
statutory or regulatory authority and having generally similar
environmental effects which can be mitigated in similar ways."
Program EIR 142 addressed the implementation of the Hoag Hospital Master
Plan, the associated Planned Community Development Plan (PCDP), and
District Regulations and Development Agreement. The project site is divided
into two major planning areas known as the Upper and Lower Campuses, which
are divided roughly along the Coastal Zone boundary. The City has approved up
to 577,889 square feet of development in the lower campus portion of the project
and up to 756,349 square feet of development on the upper campus. The first
two phases of development on the project site have been completed.
Approximately 32 percent of the approved square footage for the Lower Campus
and 91 percent of the Upper Campus approved square footage is existing onsite;
however, the approved project provided for demolition of existing structures and
new development. Future phases for the Lower Campus would provide for an
expanded and relocated childcare center, new Outpatient Building, and a new
medical office building.
The project proposes a General Plan Amendment and PCDP and District
Regulations Amendment to allow a reallocation of square footage from the
Lower Campus to the Upper Campus. A total of 225,000 square feet of
development would be reallocated for development within the Upper Campus.
With the reallocation of square footage from the Lower Campus to the Upper
Campus, the secondary access point off of Superior Avenue would be
considered an optional entry point. Additionally, the project would include the
addition of up to 25,000 square feet of additional medical building area
entitlement in recognition of the square footage that has been allocated for the
cogeneration facility that was not included in the original 1993 Master Plan. The
overall types of uses, height limitations, and parking requirements would not
change.
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Scope of Work
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Section 15163 of the CEQA Guidelines allows a lead agency to prepare a
supplement to an EIR when any of the conditions described in Section 15162
(requirements for a Subsequent EIR) would require the preparation of a
subsequent EIR, but only minor additions or changes are necessary to make a
previous EIR adequately apply to the project in the changed situation. Section
15163(b) further states, "the supplement to the EIR need contain only the
information necessary to make the previous EIR adequate for the project as
revised" and "the supplement may be circulated by itself without re- circulating the
previous draft or final EIR ". Based on this guidance, it is assumed that a
Supplement to Final EIR 142 would be required. The Supplement will focus on
those areas associated with construction of the planned improvements.
The following tasks are proposed for the completion of the Supplemental
Environmental Impact Report (SEIR):
Task 1 Project Kick Off
The BonTerra Consulting team members will coordinate with Hoag Hospital, the
City staff, and other appropriate team members to discuss the project and the
proposed scope of work. This coordination effort is proposed to ensure the City
concurs with the scope of work.
Task 1 Deliverables: 1. One (1) project meeting
Task 2 Notice of Preparation
An integral part of every project requiring CEQA compliance is determining which
environmental issues require evaluation. BonTerra believes in using the CEQA
process as it was intended: to screen out issues that are not significant to
prevent unnecessary documentation efforts. If there is adequate documentation
or other available information to reach the conclusion that there will not be a
significant environmental effect from project implementation, no further technical
analyses are required. To accomplish this, an Initial Study will be prepared and
attached to the NOP. The Initial Study will be based on the CEQA checklist.
The Initial Study will identify those issues that are either not applicable or have
been fully addressed in Final EIR 142 and no further analysis is required. A
review of the applicable mitigation measures from Final EIR 142 will be prepared
as part of the analysis in the Initial Study. This will allow the City to understand
those measures that require further tracking as part of the mitigation monitoring
program, and allow those reviewing the NOP to understand what provisions are
already in place to protect the environment.
These conclusions and substantiating information will be
documented in the NOP. A draft NOP will be submitted to the City
for review. BonTerra Consulting will revise the NOP to reflect the
comments of the City. Should additional changes to the NOP be
required, it is recommended that this be done at a working meeting
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where the wording of the necessary changes can be agreed upon.
This will save time and allow BonTerra Consulting to finalize the
NOP for public distribution. The distribution on the NOP to
responsible and trustee agencies will be done via certified mail and
will be based on the City's distribution list. The NOP will be
provided to the City in PDF format for posting on their web site. To
limit the number of copies of the full NOP that would need to be
distributed, the City may elect to send a Notice of Availability to a
larger mailing, which includes interest groups and individuals, who
have expressed an interest in Hoag Hospital. BonTerra Consulting
will prepare the Notice of Availability of the NOR It is assumed
that the notice will be one page and will be sent via first class mail.
This can then be used as a newspaper notice should the City
determine that publication of the Notice of Availability is warranted.
Task 2 Deliverables: 1. Five (5) copies of the Draft NOP for City review
2. Meeting to review comments on the NOP
3. Distribution by certified mail of twenty -five (25) copies
of the Final NOP
4. NOP in PDF format for posting on the web site
5. Five (5) copies of the Notice of Availability for the NOP
for City review
6. Mailing of up to fifty (50) Notices of Availability by first
class mail
Task 3 Preparation of Screencheck Supplemental EIR
BonTerra Consulting will prepare the Screencheck SEIR based upon the NOP
and responses received, community and agency input received through the
scoping meeting, if convened, and evaluations in the technical studies. The
document will clearly identify that the focus of the SEIR is limited to the
reallocation of square footage from the Lower Campus to the Upper Campus,
and is not a reevaluation of the merits of the approved Hoag Hospital Master
Plan. It will summarize those topics identified as not needing further evaluation
based on the findings of the NOP or where there would be no new impacts
beyond those addressed in Final EIR 142. Topical issues not expected to need
further evaluation include earth resources, population, employment and housing,
pubic services and utilities, and public amenities. These issues have been fully
addressed in Final EIR 142 and the modifications to the project would not be
expected to result in greater or new impacts. Additionally, it is assumed that the
Final EIR provides sufficient evaluation of alternatives.
Further analysis for biological resources, cultural resources, and public health
and safety is not proposed in the SEIR; however, for each of these topics it is
recommended that there be updated research to support the finding that the
Final EIR adequately addresses these issues. For biological resources, it is
recommended that a biologist conduct a field survey to confirm that there are no
new resources that would be affected by the project. This effort, which would
include the field survey and writeup for the Initial Study, would not exceed a
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day's effort by the biologist. For cultural resources and public health and safety,
updated record searches are recommended to substantiate the finding that no
new impacts are expected. No fieldwork is proposed for either of these topical
areas. The record searches would be reference material, but not incorporated
as appendices to the SEIR.
The SEIR will clearly identify significant environmental effects anticipated for
each environmental issue with proposed project implementation. BonTerra
Consulting will evaluate the significance criteria developed as part of Final EIR
142. These criteria will be used if they apply to the proposed project and if the
City finds them to be still relevant. If necessary, the thresholds will be modified
or new ones developed to adequately address the proposed project. The
thresholds will be stated in each technical section to enable the reader to clearly
understand the analytical process used to identify potential project impacts.
Analysis of existing and future conditions will be formulated for the following
scenarios: 1) existing plus project condition; 2) Year 2015 – existing plus
cumulative projects; 3) Year 2015– existing plus project plus cumulative projects;
4) General Plan [Year 20251; 5) General Plan [Year 2025] plus project. The
format of the document for each topical area will include a description of the
existing conditions, summary of the impacts identified in Final EIR 142, an
evaluation of proposed modifications to the Master Plan and PCDP, listing of the
mitigation measures from Final EIR 142, and identification of any new mitigation
measures proposed to reduce the potential impacts associated with the project.
The following topical areas will be evaluated:
Land Use —The SEIR will document existing land uses onsite, as well as uses
surrounding the project site. A discussion of the compatibility of the project with
surrounding land uses and consistency with applicable planning documents will
be provided. The existing General Plan will be used as the basis for the
analysis. Given that the type of uses proposed are the same as what is provided
for in the Hoag Hospital Master Plan, the evaluation of compatibility will be
focused on the uses immediately surrounding the project. No impacts to the
larger community would be anticipated with the modifications proposed.
Transportation and Circulation— Linscott, Law and Greenspan, as a sub - consultant
to and under separate contract with BonTerra Consulting, are conducting the traffic
analysis. On behalf of BonTerra Consulting, Linscott, Law and Greenspan (LLG)
will compile and review prior area traffic data and forecasts to include previous
staff correspondence, traffic studies and other relevant area transportation
planning documents. LLG will visit the project study area to inventory existing
conditions with respect to existing roadway physical characteristics (i.e.,
intersection lane configurations, widths, posted speed limit, adjacent land use, on-
street parking restrictions, etc.), and public transit service. An inventory of the lane
geometry and intersection control at the 15 key intersections located within the City
of Newport Beach, and 9 key intersections in the City of Costa Mesa, selected for
the study will be taken. These intersections will include the following:
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Newport Beach Intersections
1. Orange Street & PCH
2. Prospect Street & PCH
3. Balboa Boulevard /Superior Avenue & PCH
4. Riverside Avenue & PCH
5. Tustin Avenue & PCH
6. Dover Drive /Bayshore Drive & PCH
7. Bayside Drive & PCH
8. Jamboree Road & PCH
9. Newport Boulevard & Via Lido
10. Newport Boulevard & Hospital Road
11. Superior Avenue & Placentia Avenue
12. Newport Boulevard southbound 'off- ramp" & PCH
13. Superior Avenue & Hospital Road
14. Hoag driveway & Hospital Road
15. Hoag driveway & PCH
Costa Mesa Intersections
16. Newport Boulevard /19th Street
17. Newport Boulevard /Broadway
18. Newport Boulevard /Harbor Boulevard
19. Newport Boulevard /18th Street - Rochester Avenue
20. Newport Boulevard /17th Street
21. Newport Boulevard /16th Street
22. Newport Boulevard /industrial Way
23. Superior Avenue /16th Street
24. Superior Avenue /17th Street
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LLG will obtain the existing AM and PM peak hour traffic volumes at each of the 15 key
intersections listed above from the City of Newport Beach, and at the nine key
intersections listed above from the City of Costa Mesa. LLG will develop traffic
generation forecasts for the project for use in the Existing + Project scenario. The
forecasts for the project will be prepared for the typical weekday, AM peak commute hour,
and PM peak commute hour. The forecast will be based on empirical trip generation rates
derived as part of the Phase II TPO, or the Newport Beach Traffic Model rates, or from
another source deemed to be more appropriate. The project traffic generation estimates
will be provided to City staff for their review, and upon the City's approval, these estimates
will be applied to develop the Existing + Project scenario.
Project traffic generation estimates will also be compared against the City's traffic model
assumptions for the Hoag campus, to validate the reasonableness of the model forecasts
that will be the basis for the Year 2015 and Year 2025 scenarios for the project.
LLG will develop a project traffic distribution pattern based on project trip distribution data
to be provided by Urban Crossroads, and' submit to City staff for their review. The project -
related traffic will be distributed and assigned to the street system, and added to existing
(Year 2005) volumes to develop the Existing + Project traffic forecasts.
For the 15 key intersections in Newport Beach, LLG will obtain the Year 2015 Cumulative
Base (i.e., Hoag Master Plan buildout year without the proposed project) forecasts from
Urban Crossroads. These will be reviewed in detail and applied in the level of service
calculations and traffic volume summary figures.
For the nine key intersections in Costa Mesa, a I% annual growth rate will be applied to
existing traffic volumes to reflect Year 2015 conditions, and cumulative project traffic will
be added (if any; will need to obtain this information from the City of Costa Mesa). These
forecasts will be applied in the level of service calculations and traffic volume summary
figures.
For the 15 key intersections in Newport Beach, LLG will obtain the.Year 2025 Cumulative
Base (i.e., City's General Plan buildout year without the proposed project) forecasts from
Urban Crossroads. These will be reviewed in detail, and applied in the level of service
calculations and traffic volume summary figures.
For the nine key intersections in Costa Mesa, LLG will obtain the Year 2025 Cumulative
Base (i.e., City of Costa Mesa's General Plan buildout year without the proposed project)
forecasts from the City of Costa Mesa. These will be reviewed in detail, and. applied in the
level of service calculations and traffic volume summary figures.
For the 15 key intersections in Newport Beach, LLG will derive the project- generated trips
from the Year 2025 forecasts (with and without the project) from Urban Crossroads, then
add these to the Year 2015 Cumulative Base volumes. These will be applied in the level
of service calculations and traffic volume summary figures.
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For the nine key intersections in Costa Mesa, LLG will extrapolate the project - generated
trips from the Year 2025 forecasts (with and without the project) from Urban Crossroads
at the nearest Newport Beach intersection, then add these to the Year 2015 Cumulative
Base volumes. These will be applied in the level of service calculations and traffic volume
summary figures.
For the 15 key intersections in Newport Beach, LLG will obtain the Year 2025 forecasts
with the project from Urban Crossroads. These will be reviewed in detail, then applied in
the level of service calculations and traffic volume summary figures.
For the nine key intersections in Costa Mesa, LLG will extrapolate the project - generated
trips from the Year 2025 forecasts (with and without the project) from Urban Crossroads
at the nearest Newport Beach intersection, then add these to the Year 2025 Cumulative
Base volumes. These will be applied in the level of service calculations and traffic volume
summary figures.
Using the City's CEQA analysis procedure, each of the key intersections will be
analyzed using the Intersection Capacity Utilization (ICU) method. Detailed AM and PM
peak hour level of service analysis will be conducted for the following traffic scenarios:
Existing Conditions
• Existing + Project
• Year 2015 Cumulative Base — consists of existing traffic volumes, growth,
related projects approved by the City, and reasonably foreseeable
cumulative projects that have not yet been approved by the City
• Year 2015 Cumulative Plus Project — Year 2015 Cumulative Base (as
described above) with the proposed project Year 2015 Cumulative Plus
Project with Mitigation — Year 2015 Cumulative Base (as described above)
with the proposed project with mitigation, if any
• Year 2025 Cumulative Base — consists of existing traffic volumes, growth,
related projects approved by the City, and reasonably foreseeable
cumulative projects that have not yet been approved by the City
• Year 2025 Cumulative Plus Project — Year 2025 Cumulative Base (as
described above) with the proposed project
• Year 2025 Cumulative Plus Project with Mitigation — Year 2025
Cumulative Base (as described above) with the proposed project with
mitigation, if any
The City's significant impact criteria will be applied to determine any potential impacts of
the project on the surrounding street system. LLG will develop recommendations to
mitigate any resulting project traffic impacts to a level of insignificance. These measures
may include intersections and /or signalization improvements, striping modifications or the
addition of auxiliary turning lanes.
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LLG will develop concept plans for all physical improvements recommended at impacted
study intersections. If necessary, perform operational /queuing analysis at impacted study
intersections to evaluate the feasibility of mitigation measures.
LLG will evaluate site access operations, and develop potential recommendations (if any
are feasible) to improve traffic operations at the project driveways on Hospital Road and
West Coast Highway. LLG will perform operational /queuing analyses at the two project
driveway intersections (i.e., Placentia Avenue -Hoag Drive /Hospital Road and Hoag Drive -
Balboa Coves Entrance/West Coast Highway).
LLG will conduct a peer review of the parking analysis (to be prepared by Katz Okitsu
Associates) before its inclusion in the EIR.
LLG will evaluate and comment on the proposed internal circulation scheme of the
project, with a focus on:
• Site access adequacy and safety (i.e., number of access points,
ingress /egress operations, any potential conflicts with adjacent driveways)
• On -site circulation design (i.e., lane geometrics, traffic volumes, sight
clearance, stopping distance, throat lengths, vehicle stacking at site
driveways, storage /queuing requirements)
• Building /structure layout
• Parking layout
Transit and pedestrian connections /circulation and access
• Emergency /service /delivery truck access
Air Quality —The existing air environment will be described in terms of meteorology, local
topography affecting pollutant dispersion, and ambient air monitoring data. A summary of
current air management efforts, which may be related to the proposed project will be
provided with particular emphasis on the 2003 AQMP, and the requirements for air quality
assessments identified in the SCAQMD's CEQA Handbook. Sensitive receptor areas
within the project vicinity will be identified.
The CALINE4 model, developed by the California Department of Transportation, will be
used to assess the local air quality. While the air quality data collected by the SCAQMD
is valuable in identifying concentrations experienced in the general area, the CALINE4
Model is used to determine the pollutant pattern at key locations, which the project may
effect. The area along the project site and adjacent lands will be assessed. Up to three
key intersections will be examined. The results will be used as a baseline for future case
projections.
The air quality impacts of the proposed project can be divided into the short-term dust
generation, local impacts and long -term regional air pollution increases. Short-term dust
and emission generation due to demolition and construction activities will be forecast.
Measures to reduce dust generation are required by the South Coast Air Quality
Management District. Additionally, measures are contained in the 2003 AQMP for control
22
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of construction activity emissions, and these also will be included in the list of mitigation
measures.
The CALINE4 Model will also be used to assess the pollutant concentrations at the same
locations utilized for the baseline study. The local air quality analysis assesses the
resulting air pollutant levels that will result in the residential areas or other sensitive areas
directly adjacent to the roadways. The increase or decrease in concentrations due to the
project will be highlighted. In addition, the concentrations projected will be compared to
State and Federal air quality standards to determine the significance of the potential
impacts.
Changes in long -term emissions produced by traffic associated with the project, the
combustion of natural gas, and the generation of electricity will be estimated. The
changes in emissions due to the project will be assessed and compared to potential
regional air quality impacts. A detailed discussion of the consistency of the project with
the AQMP will be included.
Measures will be developed to reduce significant air quality impacts to the extent
possible.
Noise — Mestre Greve Associates will prepare the noise technical study using the traffic
analysis prepared by Linscott, Law and Greenspan. Noise readings will be taken at four
locations surrounding the project site. The data from the noise readings and the FHWA
highway noise model ("FHWA Highway Traffic Noise Prediction Model," FHWA- RD -77-
108) will be used to describe existing noise levels in the project vicinity. Community noise
standards relevant to this project are contained in the City of Newport Beach General
Plan and Noise Ordinance. These standards will be summarized and their relevance to
the project discussed.
The potential noise impacts can be divided into short-term construction noise, impacts on
surrounding land uses, and on -site noise /land use compatibility. Noise levels from
construction activities will be estimated at nearby sensitive receptors. The application of
the City of Newport Beach Noise Ordinance to control construction noise will be
discussed.
The noise impacts associated with the project's traffic on adjacent land uses will be
assessed in terms of the CNEL noise scale. The increase in noise levels due to the
project will be determined. Areas that will experience a significant noise increase will be
identified. For the project scenario, the absolute noise levels experienced in these areas
will then be determined, and the resulting land use /noise compatibility discussed.
Potential noise impacts from the proposed uses will be assessed. Noise generated by
the proposed uses at noise sensitive uses in the area will be estimated. These noise
levels will be compared to the Noise Ordinance criteria to determine significance. Traffic
noise levels that impact within the project site will also be assessed for compatibility with
the proposed uses. Noise levels within the project area will be determined and compared
23
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to noise /land compatibility guidelines contained in the City of Newport Beach Noise
Element and/or the State Compatibility Guidelines.
Preliminary noise barrier locations and other mitigation strategies will be identified for the
control of noise levels within the project site. Measures will be developed as necessary to
mitigate off -site noise impacts.
Visual /Aesthetics— Intensification of the development on the Upper Campus has the
potential of changing the visual impacts associated with the implementation of the Hoag
Hospital Master Plan. While this is not expected to be a significant impact because the
views of the Lower Campus are more sensitive, the SEIR will need to provide a
discussion of the changes that would result with the intensification of the Upper
Campus. It is assumed that visual simulations from surrounding viewpoints would be
provided by Hoag Hospital for inclusion in the SEIR. BonTerra Consulting would
provide a narrative discussion of the potential impacts from surrounding sensitive uses.
Similarly, if the reduction in development on the Lower Campus would reduce the
potential visual impacts associated with implementation of the Hoag Hospital Master
Plan it is recommended that visual simulations be included in the SEIR to present the
beneficial effects of the project.
Cumulative Impacts —Given the age of the Final EIR, it is recommended that the
Cumulative Impacts evaluation be updated to ensure that the impacts associated with
the proposed project is evaluated in the context of.other projects that have been
approved subsequent to the 1992 approval of the Hoag Hospital Master Plan.
BonTerra Consulting will coordinate with the City of Newport Beach and City of Costa
Mesa to identify past, present or reasonably foreseeable projects that should be
evaluated as potentially contributing to cumulative impacts. This listing of projects will
be used as part of the evaluation for the applicable technical studies (i.e., traffic, air
quality, and noise).
Growth Inducing Impacts —The Supplemental EIR will provide a qualitative discussion
of the potential growth inducing impacts associated with the proposed amendment.
The analysis will provide a discussion of regional growth and projected growth in the
region.
Task 3 Deliverables: 1. Ten (10) copies of the Screencheck Supplemental EIR for
review by the City of Newport Beach and Hoag Hospital
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Task 4 Prepare Draft EIR for Public Review
A meeting of project team members will be convened and participants will
provide verbal and /or written comments on the first Screencheck SEIR to
BonTerra. BonTerra will make revisions and resubmit the document for a
second Screencheck SEIR review by the team. A revised SEIR,
incorporating the comments received from the team will be submitted for
final review. All comments on the revised document will be presented to
BonTerra at a working meeting where the wording of the necessary
changes can be agreed upon. After these comments have been
incorporated, a "proof check" copy of the Draft SEIR will be provided to
the City and Hoag Hospital for final approval prior to reproduction and
public distribution. BonTerra will mail copies of the Draft SEIR to the
State Clearinghouse, local community groups, local agencies, surrounding
jurisdictions, etc. BonTerra Consulting will prepare a draft public notice of
availability for review by the City. The City will publish the newspaper
notice of SEIR availability.
The format of the Draft SEIR can be determined prior to distribution. If
desired, BonTerra Consulting can provide the public review copies on CD
and hardcopies can be made and distributed to libraries and the City. The
document can also be provided on CD in a format that can be posted on
the City's website, if so desired.
Task 4 Deliverables: 1.
2.
3.
4.
Task 5 Responses
Six (6) copies of the Second Screencheck SEIR
Four (4) copies of a proof check document
Up to one hundred (100) copies of the Draft SEIR and
technical appendices
Notice of Availability
to Comments on Draft EIR
Upon receipt of written comments on the Draft EIR from the State Clearinghouse and
other parties, BonTerra Consulting and staff will meet to review all comments and
develop a strategy for responding to the comments. BonTerra will prepare written
responses to comments that raise significant environmental issues. It is anticipated
that topical responses will be prepared to address multiple comments received on the
same issue. As part of the responses to comments, an errata sheet will be prepared to
identify and summarize where revisions to the Draft SEIR have been made as a result
of comments received; however, the draft EIR will not be revised. The responses to
comments will be provided as a separate document. After meeting with project team
members to receive and compile comments on the responses, BonTerra will finalize the
responses to comments document. A second submittal of the responses to comments
will be provided for review by the project team. A meeting will be held to discuss
revisions to the final responses to comments. Once the revisions are incorporated, a
proof copy of the responses to comments will be provided to City staff and Hoag
25
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Hospital for final approval prior to printing the document. BonTerra Consulting will mail
responses to public agency comments at least ten days before consideration of
certification of the Final SEIR, as required by CEQA. The extent of comments that will
be received on the project are unknown at this time. A total of 200 hours of
professional time are assumed for the responses to comments.
Task 5 Deliverables: 1. Ten (10) copies of the responses to comments
2. Six (6) copies of the revised responses to comments
3. Four (4) copies of a proof check document
4. Seventy -five (75) copies of the final responses to comments
Task 6 Prepare CEQA Findings and Statement of Overridina Considerations
BonTerra Consulting will prepare the Findings and Statement of
Overriding Considerations prepared in accordance with Sections 15091
and 15093 of the State CEQA Guidelines, respectively. The City will
provide a copy of the CEQA Findings and Statement of Overriding
Considerations approved in conjunction with the certification of the 1992
Final Program EIR for reference and format. It is assumed that City
Attorney's office will review the documents and provide comments.
Revisions will be made to incorporate the City's comments.
Task 6 Deliverables:
1. Ten (10) copies
Considerations
2. Six (6) copies of
Considerations
3. Thirty (30) copies
Considerations
of the Draft Findings and Overriding
the Revised Findings and Overriding
of the Final Findings and Overriding
Task 7 Prepare Mitigation Monitoring and Reporting Program
To comply with Public Resources Code 21081.6, BonTerra Consulting will prepare a
mitigation monitoring and reporting program (MMRP) for adoption by the City Council at
the time of the CEQA findings. The MMRP will be prepared at the same time as
responses to comments. BonTerra will add any mitigation measures adopted as part of
the SEIR to the MMRP prepared for Final EIR 142. It is assumed the City and /or Hoag
Hospital Annual Review reports or documentation that has been submitted for each and
every project showing compliance with the mitigation measures adopted as part of Final
Program EIR 142 will be provided to allow BonTerra Consulting to accurately reflect the
status of the various mitigation measures. Two versions of the document will be
submitted for staff review prior to the final MMRP.
Task 7 Deliverables: 1. Ten (10) copies of the draft MMRP
2. Ten (10) copies of the revised MMRP
3. One (1) master copy of the MMRP
W,
Task 8 Meetings and Hearings
BonTerra's project manager will be available to attend project meetings
with staff throughout the SEIR process. It is assumed that BonTerra
Consulting will attend the bi- monthly meetings, as appropriate, to ensure
there is a thorough understanding of issues that are being discussed with
each of the team members. Additional focused meetings may also be
required to provide a review of comments on each of the project
deliverables. BonTerra Consulting's attendance at up to 24 meetings is
assumed. In addition, Mestre Greve Associates will attend up to three
team meetings to present their findings and answer questions by staff.
Linscott, Law and Greenspan will attend up to 15 meetings. Additional
meetings can be attended on a time and materials basis with approval of
the City.
In addition, it is assumed that the BonTerra Consulting project manager,
the traffic engineer, and the air quality and noise specialist will be involved
in public hearings on the project. A total of three public meetings /hearings
are assumed.
Task 8 Deliverables: 1. BonTerra attendance at up to twenty -four (24) project
meetings
2. Mestre Greve Associates (MGA) attendance at up to three (3)
project meetings
3. Linscott, Law and Greenspan (LLG) attendance at up to
fifteen (15) project meetings
4. Attendance by the BonTerra project manager, the MGA
project manager, and the LLG project manager at up to three
(3) public meetings /hearings
Task 9 Project Management and Coordination
BonTerra Consulting will manage the SEIR preparation effort and coordinate closely
with City staff, Hoag Hospital, and the other consultants on the project during the
course of the CEQA documentation. This management effort will include close
schedule monitoring and budget compliance. Approximately two hours a week for
project administration over the anticipated 12 month duration of the project.
27
• •
HOAG HOSPITAL MASTER PLAN
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT SCHEDULE
TASK
DATE
Project Description and Approach Finalized
February 25, 2005
Scope of Work determined to be acceptable
March 1, 2005
Submittal of Draft NOP for City review
March 1, 2005
City provides comments on Draft NOP
March 8, 2005
Revisions to NOP made and resubmitted to the City
March 15, 2005
City approval of NOP for distribution
March 17, 2005
NOP distributed 30 -day comment period
March 18, 2005
Traffic modeling completed by Urban Crossroads
April 8, 2005
Visual simulations provided by Hoag Hospital
April 8, 2005
NOP 30 -day comment period ends
April 18, 2005
Traffic technical study submitted
May 20, 2005
City provides comments on the draft traffic report
June 3, 2005
Revise traffic report completed
June 17, 2005
Screencheck EIR with appendices submitted
June 30, 2005
City provides comments on the Screencheck SEIR
July 14, 2005
Revised Screencheck EIR submitted to City
July 28, 2005
City provides comments on revised SEIR
August 2, 2005
Administrative Draft Supplemental EIR submitted
August 9, 2005
Approval to print SEIR
August 11, 2005
SEIR printed and distributed
August 15, 2005
Public Review period ends
September 29, 2005
Preliminary responses to comments submitted
October 18, 2005
City provides comments on responses
October 25, 2005
Draft Mitigation Monitoring and Findings submitted
October 25, 2005
Revised responses to comments submitted
October 31, 2005
Comments on MMP and Findings provided
October 31, 2005
Responses finalized
November 3, 2005
Planning Commission hearing
November 2005
City Council
December 2005
1
EXHIBIT `B"
SCHEDULE OF COMPENSATION
29
Hhmdy
Dolmh 1 Planner
GIS I WP
Total Hm
Total Cost
$185.00
$140.001 $120.00
$85.001 $65.00
I
Task 1 Project Kickoff
B
81 3
17
$2,680.00
Task 2 Notice of Preparation
Preliminary Draft
8
401
e, 6
62
$8.150.00
Revisions
3
6i
21 2
13
$1.695.00
Task 2 Subtotal
11
461 0
101 a
75
$9,845.00
Task 3 Prepandan of Screencheck SEIR
50
321.
60! 30
521),780.00
Intro /Summary/Backgrowd
2D
t
20
$3,700.00
Pmject Desuiplim
8
1
I
8
$1,460.00
Land Use and Planning
16;
18
$2,240.00
Air Quality
6
8
$720.00
Transportation
16
16
$2,960.00
Biological
41
8
$1,040.00
Hazard
1 6
6
$720.00
Noise
BI
8
81,120.00
Visual
241
24
$336000
CuRml Resowas
6i
1
6
$840.00
Cumulative
24
i
24
$4,440.00
Task 3 Subtotal
118
gal 16
801 30
142
543,400.00
Task 4 Prepare Draft EIR (2 vemions)
1
I
Revived Screwcheck
32
321 6
lei 16
102
$13.520.00
Approval Draft
4
81
4: 4
20
$2460:00
Task 4 Subtotal
36
401 6
201 20
122
$15,980.00
Task 5 Respooses to Comments
Praliminmy Sibmittal
70
501 20
41 6
160
$24,480.00
Rensions to Res Ones
20
201 10
21 5
58
$ &260.00
Task 6 Subtotal
90
so, 30
6i 12
218
$32740.00
Task 6 CEQA Findingsl0verdda
i
Preliminary Submittal
32
4
36
$6,1B0.00
Revisions to Findings
12
3
15
$2,415.00
Task 6 Subtotal
44
7
51
$8,598.00
Tak 7 Mitiga0m Monitoring and Reporting Plan
Preliminary Submittal
2
38i
12
50
$6,190.00
Rewsims to MMRP
8
1 2
10
$1,250.00
Task 7 Total
2
441 0
01 14
60
$7,440.00
Task 8 Project Meetings
72
291
92
$16,120.00
i
1
Task 9 Management and CoorAnation
104
181
122
$21,760.00
i
Total ElonTerra Cmsul ing Hm
485
3441 56
961 91
899
Taal SonTema Consulting Fees
$89,725.00
$48,150.001, 56,600.00
58,160.001 $6,915.00
_
$158,560.00
i
Uxonauttard Fees
Lirlsmit Law and Greenspan
$84,300.00
Mesta Greve Associates
$15,000.00
Total Subconauttam Fees
$110,300.00
Direct Coats
RepmducOm
$10.000.00
Mailings and overnight deliveries
$700,00
Publicaeonskeports
$800.00
TOW Direct Costs
$11,500.00
Total Fees
5280,380.00
29
E
EXHIBIT "C"
BILLING RATES (HOURLY)
BonTen-a
2004.2005 FEE SCHEDULE
0
PROFESSIONAL CLASSIFICATION
HOURLYBILLING RATE
Principal
$135 -200
Associate Principal
120 -150
Biological /Environmental Manager
110 -130
Senior Planner /Senior Project Manager
105 -125
Senior Ecologist/Senior Restoration Ecologist
95 -110
Project Manager
90 -105
Cultural Resources Manager
95 -100
Senior Biologist/Biological Project Manager
80 -95
GIS Specialist
80 -90
Planner /Assistant Project Manager
60 -90
Field Monitor
65 -90
Ecologist
55 -80
Graphic Artist
65 -80
Project Assistant
60 -70
Administrative Assistant
60 -65
Reimbursable Costs
Mileage $0.38 per mile
Copying /Reprographics cost plus 10%
Delivery/Overnight Mail cost plus 10%
Other out -of- pocket expenses cost plus 10%
Subconsultants cost plus 10%
30
• •
BILLING RATES (HOURLY)
Linscott, Law and Greenspan
TITLE
PER HOUR
Principal Engineer .................... ............................... ........................$195.00
Associate Principal Engineer ..... ............................... .........................170.00
Senior Transportation Engineer ...............................
.........................145.00
Transportation Engineer III ........ ...............................
.........................130.00
Transportation Engineer 11 ......... ...............................
.........................110.00
Transportation Engineer 1 ........... ...............................
..........................95.00
Senior Transportation Planner .. ...............................
.........................130.00
Transportation Planner III .......... ...............................
.........................110.00
Transportation Planner 11 ............ ...............................
..........................95.00
Transportation Planner 1 ............. ...............................
..........................85.00
Engineering Associate II ............ ............................... ..........................95.00
Engineering Associate I ............. ............................... ..........................90.00
CADD Drafter /Senior Technician ........................ ...............................
Engineering Computer Analyst II ......................... ...............................
CADD Drafter / Technician .................................... ...............................
Word Processor /Administrative Assistant ........... ...............................
Engineering Computer Analyst I .......................... ...............................
EngineeringTechnician ....................................... ...............................
EngineeringAide I ............................................... ...............................
31
90.00
90.00
85.00
60.00
70.00
65.00
45.00
BILLING RATES (HOURLY)
Urban Crossroads
Compensation for Services
The Consultants Billing rates for services are as follows:
Position
Hourly Rates
Senior Principal ............................................. ............................... $150 -175
Principal.......................................................... ............................... 140 -165
Associate Principal ................................................ .................. .......... 125 -150
Senior Associate ............................................. ............................... 110 -135
Associate.................................... ............................... ........................100 -125
SeniorAnalyst ................................................... ............................... 85 -110
Analyst................................................................ ............................... 70 -85
Assistant Analyst .................................................... ............................... 50 -75
SeniorTechnician ...............................................
............................... 55 -80
Technician...........................................................
............................... 45 -70
AssistantTechnician ...............................................
............................... 35 -60
Administrative Manager .....................................
............................... 75 -100
Administrative Supervisor ....................................
............................... 60 -85
Administrative Assistant ...............................................
..........................45 -70
General
(1) Reimbursable direct costs, such as reproduction, supplies, messenger service,
long- distance telephone calls, travel, and traffic counts will be billed at cost plus ten
(10) percent.
(2) Hourly rates apply to work time, travel time, and time spent at public hearings and
meetings. For overtime work, the above rates may be increased 50 percent.
(3) Client payment for professional services is not contingent upon the client receiving
payment from other parties.
()kI100 -;W6)
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
March 8, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Patricia Temple, Planning Director
Planning Department
949/644 -3228. ptemple @city.newport- beach.ca.us
SUBJECT: Professional Services Agreement to prepare
Environmental Impact Report for the Hoag Hospital
project.
RECOMMENDATIONS:
a Supplemental
Master Plan Update
1) Approve a Professional Services Agreement with BonTerra Consulting of Costa
Mesa, California, for professional environmental services to prepare a Supplemental
Environmental Impact Report for an amount not to exceed $280,360; and
2) Authorize City Manager to sign Agreements.
DISCUSSION:
Hoag Memorial Hospital Presbyterian proposes to revise the Master Plan for the
hospital campus that was approved in 1992. The revised Master Plan relocates
approximately 200,000 square feet of approved but not - yet - developed building area
from the Lower Campus at Coast Highway to the Upper Campus at Hospital Road. Up
to 25,000 square feet of additional building area entitlement over and above the
relocated entitlement is also proposed on the Upper Campus. Development consistent
with the revised Master Plan would allow consolidation of in- patient services on the
Upper Campus and facilitate completion of State - required seismic retrofit and
renovations to existing structures. Renovations and construction pursuant to the
revised Master Plan would extend through the year 2015.
Hoag Hospital EIR
March 8, 2005
Page 2
The application for revision of the Hoag Hospital Master Plan includes requests for
approval of an Amendment to the General Plan Land Use Element (Hoag Hospital
Area), a Planned Community Development Plan Amendment, and amendment of the
Development Agreement.
Environmental Impact Report Preparation
Staff conducted a preliminary evaluation of the proposed project and concluded that an
Environmental Impact Report should be prepared. Because analysis of some impacts
included in the Environmental Impact Report (EIR) prepared for the existing Hoag
Master Plan remains relevant, a Supplemental EIR expanding upon the previous EIR
will be prepared. The Supplemental EIR will focus on those subject areas where
changes in the proposed project development or in the environmental setting require
updated, new, or additional analysis.
City Council Policy K -3 allows the City to select a qualified consultant for environmental
services without a competitive bidding process and BonTerra was selected on the basis
of experience, cost, and scope of services provided. The consultant has provided a
proposed Scope of Work to perform professional environmental services for the City of
Newport Beach for the preparation and processing of a Supplemental Environmental
Impact Report and supporting documents. The Scope of,Work including a schedule for
completion is included as Exhibit "A" to the draft professional services agreement attached
to this report. Exhibit 'B" to the agreement sets forth the itemized costs for preparation of
the EIR and Exhibit "C° to the agreement contains the consultants' billing rates.
Staff has reviewed the Scope of Work for the Supplemental EIR contract and believes it is
adequate to meet or exceed the minimum requirements set forth by the California
Environmental Quality Act. Analysis will focus on Land Use, Transportation and
Circulation, Air Quality, Noise, Visual /Aesthetics, Cumulative Impacts, and Growth
Inducting Impacts. Traffic analysis will be provided by Linscott, Law and Greenspan in
conjunction with Urban Crossroads and noise analysis will be provided by Mestre Greve
Associates, all as subcontractors to BonTerra. The environmental consulting fees for
tasks described in the Scope of Work including staff hours, technical studies, direct
expenses, and printing have been reviewed by staff and are considered appropriate and
warranted.
Hoag Hospital EIR
March 8, 2005
Page 3
Funding Availability:
The cost of these contracts will be the responsibility of Hoag Memorial Hospital
Presbyterian.
Submitted by:
Prepared by:
ShQ,tlrvt, 6 D7� A-7- Paj.AA I uta
SHARON Z. WOOD PATRICIA TEMPLE
Assistant City Manager Planning Director
Attachments: 1. Draft Professional Services Agreement from BonTerra
Consulting
• •
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 9th day of March, 2005, by and between
CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City'),
and BonTerra Consulting, whose address is 151 Kalmus Drive, Suite E -200, Costa Mesa,
California 92626 (hereinafter referred to as "Consultant"), 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 prepare an Environmental Impact
Report pursuant to the California Environmental Quality Act (Project) upon
the terms and conditions contained in this Agreement.
C. The principal member of Consultant is, for purposes of this Project,
Kathleen Brady.
D. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms and conditions
provided 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 date first indicated above
and shall terminate on the 30th day of January, 2005, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of work,
attached hereto as Exhibit "A" and incorporated herein by reference. All work and
documents shall be prepared in accordance with and shall contain all items required by
the California Environmental Quality Act (CEQA), CEQA Implementing Guidelines and
City of Newport Beach ordinances and policies. Consultant shall furnish all
environmental documents and forms to City in electronic format, Microsoft Word 2000,
or other format acceptable to City.
R:WOjedsW 0v 00ffiBonTem 00nifetF0=05AOC
0 0
2.1 If Consultant is requested by City to revise or supplement the draft or final
Environmental Impact Report, with additional data, information or analysis as a result of
the Environmental Impact Report's failure to comply with requirements of CEQA,
Consultant shall provide such revision or supplement at no additional cost to City
provided that such revisions are within the scope of work required in Exhibit W.
2.2 If changes to existing laws, rules, regulations or policies of any state, federal
or local governmental authority having jurisdiction over the project occur during the term of
this Agreement that require modification of the draft or final Environmental Impact Report,
Consultant will perform such additional services on a time -and- materials basis.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the schedule of compensation, attached hereto as Exhibit °B" and
incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of two hundred eighty thousand three hundred sixty dollars ($280,360.00).
3.1 Consultant shall maintain accounting records of its billings which include the
name of the employee, type of work performed, times and dates of all work which is billed
on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of the City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with scheduled billing rates, attached hereto as Exhibit "C" and incorporated herein by
reference.
3.4 City shall reimburse Consultant only for those costs or expenses which have
been specifically approved in this Agreement, or specifically approved in advance by City.
Such costs shall be limited to and shall include nothing more than the following costs
incurred by Consultant:
A. Approved document printing, reprographics, and reproduction charges.
B. Postage, delivery, and mileage charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
R:NmjepaWawport000ffi9nnTe Contrail =205.�t
5
•
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 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 the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 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, or 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, or any other delays beyond Consultant's
control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
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. Nothing in this Agreement shall be deemed to
constitute 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 details
in means of performing the work provided that Consultant is compliance with the terms of
this Agreement Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
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times during the Project term. Consultant has designated Kathleen Brady to be its Project
Manager. Consultant shall not bill any personnel to the Project other than those personnel
identified in Exhibit "C ", whether or not considered to be key personnel, without City's prior
written approval by name and specific hourly billing rate. Consultant shall not remove or
reassign any personnel designated in this Section or assign any new or replacement
person to the Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to removal or assignment of non -key personnel.
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.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement.
Consultant shall perform services in timely manner as necessary for the City of Newport
Beach to comply with the submittal and processing requirements of the Permit
Streamlining Act. The failure by Consultant to provide services in such timely manner
may result in termination of this Agreement by City, and the assessment of damages
against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are 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 to the other party so that all delays can be
addressed.
8.1 Consultant shall submit all requests for extensions of time for performance in
writing to the Project Administrator not later than ten (10) calendar days after the start of
the condition which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall respond
in the most expedient and appropriate manner under the circumstances by telephone, fax,
hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
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10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal laws, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
11, PROGRESS
Consultant is responsible to keep the Project Administrator and /or his/her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been scheduled
or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement. This indemnity
shall apply even in the event of negligence of City, or its employees, or other
contractors, excepting only the sole negligence or willful misconduct of City, its officers
or employees, and shall include attorneys' fees and all other costs incurred in defending
any such claim. 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.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
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, and with the exception of worker's compensation insurance policy,
shall have an assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating
Guide unless otherwise approved by the City Risk Manager.
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A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
One Million Dollars ($1,000,000) combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial general
liability insurance or other form with a general aggregate is used, either
the general aggregate shall apply separately to this Project, or the general
aggregate limit shall be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of One Million Dollars
($1,000,000) combined single limit per accident for bodily injury and
property damage.
D. Professional errors and omissions insurance that covers the services to be
performed in connection with this Agreement in the minimum amount of
One Million Dollars ($1,000,000), if available.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled or materially altered by either party, except after thirty (30) days' prior notice
has been given in writing to City. Consultant shall provide 30 days notice of any
material change to their coverage. Consultant shall give City prompt and timely notice
of claim made or suit instituted arising out of Consultant's operation hereunder.
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.
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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
venture or syndicate member or co- tenant if Consultant is a partnership or joint - venture
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or syndicate or co- tenancy, which shall result in changing the control of Consultant,
shall be construed as an assignment of this Agreement. 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.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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.
Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy of
all existing record information on file at City. Consultant shall be entitled to rely upon the
accuracy of information provided by City without independent review or evaluation. City
will provide all such materials in a timely manner so as not to cause delays in Consultant's
work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple, Planning Director, shall be considered the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement. In performing duties set forth in the Scope of
Services in Exhibit "A ", Consultant shall report to, coordinate with, receive direction
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from, and be responsive to David Lepo, Project Manager for Hogle- Ireland, Inc. under
separate contract with City, as an authorized representative of the Project Administrator.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine, audit and
make transcripts or copies of such records during normal business hours. Consultant
shall allow 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 under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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 his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
21. 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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
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B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
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.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Patricia Temple
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3200
(949) 644 -3229 Fax
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Kathleen Brady
BonTerra Consulting
151 Kalmus Drive, Suite E -200
Costa Mesa, CA 92626
(714) 444 -9199
(714) 444 -9599 Fax
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and
the defaulting party fails to give adequate assurance of due performance within two (2)
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days after receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
27. City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to the Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
28. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
29. 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. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
31. 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. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
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APPROVED AS TO FORM:
By:
Robin Clauson
City Attorney for the
City of Newport Beach
ATTEST:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer L. Bludau
City Manager for the
City of Newport Beach
CONSULTANT
By:
BonTerra Consulting
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EXHIBIT "A"
SCOPE OF WORK
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The City of Newport Beach prepared Program Environmental Impact Report
(EIR) 142 for the Hoag Hospital Master Plan and Supplemental Draft EIR in
1992. The CEQA Guidelines identify a Program EIR as "an EIR which may be
prepared on a series of actions that can be characterized as one large project
and are related either:
(1) Geographically,
(2) Logical parts in the chain of contemplated actions,
(3) In connection with issuance of rules, regulations, plans, or other
general criteria to govern the conduct of a continuing program, or
(4) As individual activities carried out under the same authorizing
statutory or regulatory authority and having generally similar
environmental effects which can be mitigated in similar ways."
Program EIR 142 addressed the implementation of the Hoag Hospital Master
Plan, the associated Planned Community Development Plan (PCDP), and
District Regulations and Development Agreement. The project site is divided into
two major planning areas known as the Upper and Lower Campuses, which are
divided roughly along the Coastal Zone boundary. The City has approved up to
577,889 square feet of development in the lower campus portion of the project
and up to 756,349 square feet of development on the upper campus. The first
two phases of development on the project site have been completed.
Approximately 32 percent of the approved square footage for the Lower Campus
and 91 percent of the Upper Campus approved square footage is existing onsite;
however, the approved project provided for demolition of existing structures and
new development. Future phases for the Lower Campus would provide for an
expanded and relocated childcare center, new Outpatient Building, and a new
medical office building.
The project proposes a General Plan Amendment and PCDP and District
Regulations Amendment to allow a reallocation of square footage from the Lower
Campus to the Upper Campus. A total of 225,000 square feet of development
would be reallocated for development within the Upper Campus. With the
reallocation of square footage from the Lower Campus to the Upper Campus, the
secondary access point off of Superior Avenue would be considered an optional
entry point. Additionally, the project would include the addition of up to 25,000
square feet of additional medical building area entitlement in recognition of the
square footage that has been allocated for the cogeneration facility that was not
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included in the original 1993 Master Plan. The overall types of uses, height
limitations, and parking requirements would not change.
Scope of Work
Section 15163 of the CEQA Guidelines allows a lead agency to prepare a
supplement.to an EIR when any of the conditions described in Section 15162
(requirements for a Subsequent EIR) would require the preparation of a
subsequent EIR, but only minor additions or changes are necessary to make a
previous EIR adequately apply to the project in the changed situation. Section
15163(b)- further states, "the supplement to the EIR need contain only the
information necessary to make the previous EIR adequate for the project as
revised" and "the supplement may be circulated by itself without re- circulating the
previous draft or final EIR ". Based on this guidance, it is assumed that a
Supplement to Final EIR 142 would be required. The Supplement will focus on
those areas associated with construction of the planned improvements.
The following tasks are proposed for the completion of the Supplemental
Environmental Impact Report (SEIR):
Task 1 Project Kick Off
The BonTerra Consulting team members will coordinate with Hoag Hospital, the
City staff, and other appropriate team members to discuss the project and the
proposed scope of work. This coordination effort is proposed to ensure the City
concurs with the scope of work.
Task 1 Deliverables: 1. One (1) project meeting
Task 2 Notice of Preparation
An integral part of every project requiring CEQA compliance is determining which
environmental issues require evaluation. BonTerra believes in using the CEQA
process as it was intended: to screen out issues that are not significant to
prevent unnecessary documentation efforts. If there is adequate documentation
or other available information to reach the conclusion that there will not be a
significant environmental effect from project implementation, no further technical
analyses are required. To accomplish this, an Initial Study will be prepared and
attached to the NOP. The Initial Study will be based on the CEQA checklist. The
Initial Study will identify those issues that are either not applicable or have been
fully addressed in Final EIR 142 and no further analysis is required. A review of
the applicable mitigation measures from Final EIR 142 will be prepared as part of
the analysis in the Initial Study. This will allow the City to understand those
measures that require further tracking as part of the mitigation monitoring
program, and allow those reviewing the NOP to understand what provisions are
already in place to protect the environment.
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These conclusions and substantiating information will be documented in the
NOR A draft NOP will be submitted to the City for review. BonTerra Consulting
will revise the NOP to reflect the comments of the City. Should additional
changes to the NOP be required, it is recommended that this be done at a
working meeting where the wording of the necessary changes can be agreed
upon. This will save time and allow BonTerra Consulting to finalize the NOP for
public distribution. The distribution on the NOP to responsible and trustee
agencies will be done via certified mail and will be based on the City's distribution
list. The NOP will be provided to the City in PDF format for posting on their web
site. To limit the number of copies of the full NOP that would need to be
distributed, the City may elect to send a Notice of Availability to a larger mailing,
which includes interest groups and individuals, who have expressed an interest
in Hoag Hospital. BonTerra Consulting will prepare the Notice of Availability of
the NOR It is assumed that the notice will be one page and will be sent via first
class mail. This can then be used as a newspaper notice should the City
determine that publication of the Notice of Availability is warranted.
Task 2 Deliverables: 1. Five (5) copies of the Draft NOP for City review
2. Meeting to review comments on the NOP
3. Distribution by certified mail of twenty -five (25) copies of
the Final NOP
4. NOP in PDF format for posting on the web site
5. Five (5) copies of the Notice of Availability for the NOP
for City review
6. Mailing of up to fifty (50) Notices of Availability by first
class mail
Task 3 Preparation of Screencheck Supplemental EIR
BonTerra Consulting will prepare the Screencheck SEIR based upon the NOP
and responses received, community and agency input received through the
scoping meeting, if convened,,and evaluations in the technical studies. The
document will clearly identify that the focus of the SEIR is limited to the
reallocation of square footage from the Lower Campus to the Upper Campus,
and is not a reevaluation of the merits of the approved Hoag Hospital Master
Plan. It will summarize those topics identified as not needing further evaluation
based on the findings of the NOP or where there would be no new impacts
beyond those addressed in Final EIR 142. Topical issues not expected to need
further evaluation include earth resources, population, employment and housing,
pubic services and utilities, and public amenities. These issues have been fully
addressed in Final EIR 142 and the modifications to the project would not be
expected to result in greater or new impacts. Additionally, it is assumed that the
Final EIR provides sufficient evaluation of alternatives.
Further analysis for biological resources, cultural resources, and public health
and safety is not proposed in the SEIR; however, for each of these topics it is
recommended that there be updated research to support the finding that the
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Final EIR adequately addresses these issues. For biological resources, it is
recommended that a biologist conduct a field survey to confirm that there are no
new resources that would be affected by the project. This effort, which would
include the field survey and writeup for the Initial Study, would not exceed a day's
effort by the biologist. For cultural resources and public health and safety,
updated record searches are recommended to substantiate the finding that no
new impacts are expected. No fieldwork is proposed for either of these topical
areas. The record searches would be reference material, but not incorporated.as
appendices to the SEIR.
The SEIR will clearly identify significant environmental effects anticipated for
each environmental issue with proposed project implementation. BonTerra
Consulting will evaluate the significance criteria developed as part of Final EIR
142. These criteria will be used if they apply to the proposed project and if the
City finds them to be still relevant. If necessary, the thresholds will be modified
or new ones developed to adequately address the proposed project. The
thresholds will be stated in each technical section to enable the reader to clearly
understand the analytical process used to identify potential project impacts.
Analysis of existing and future conditions will be formulated for the following
scenarios: 1) existing plus project condition; 2) Year 2015- existing plus
cumulative projects; 3) Year 2015 - existing plus project plus cumulative projects;
4) General Plan [Year 2025]; 5) General Plan [Year 2025] plus project. The
format of the document for each topical area will include a description of the
existing conditions, summary of the impacts identified in Final EIR 142, an
evaluation of proposed modifications to the Master Plan and PCDP, listing of the
mitigation measures from Final EIR 142, and identification of any new mitigation
measures proposed to reduce the potential impacts associated with the project.
The following topical areas will be evaluated:
Land Use —The SEIR will document existing land uses onsite, as well as uses
surrounding the project site. A discussion of the compatibility of the project with
surrounding land uses and consistency with applicable planning documents will
be provided. The existing General Plan will be used as the basis for the analysis.
Given that the type of uses proposed are the same as what is provided for in the
Hoag Hospital Master Plan, the evaluation of compatibility will be focused on the
uses immediately surrounding the project. No impacts to the larger community
would be anticipated with the modifications proposed.
Transportation and Circulation — Linscott, Law and Greenspan, as a sub - consultant
to and under separate contract with BonTerra Consulting, are conducting the traffic
analysis. On behalf of BonTerra Consulting, Linscott, Law and Greenspan (LLG)
will compile and review prior area traffic data and forecasts to include previous staff
correspondence, traffic studies and other relevant area transportation planning
documents. LLG will visit the project study area to inventory existing conditions
with respect to existing roadway physical characteristics (i.e., intersection lane
configurations, widths, posted speed limit, adjacent land use, on- street parking
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restrictions, etc.), and public transit service. An inventory of the lane geometry and
intersection control at the 15 key intersections located within the City of Newport
Beach, and 9 key intersections in the City of Costa Mesa, selected for the study will
be taken. These intersections will include the following:
Newport Beach Intersections
1. Orange Street & PCH
2. Prospect Street & PCH
3. Balboa Boulevard /Superior Avenue & PCH
4. Riverside Avenue & PCH
5. Tustin Avenue & PCH
6. Dover Drive /Bayshore Drive & PCH
7. Bayside Drive & PCH
8. Jamboree Road & PCH
9. Newport Boulevard & Via Lido
10. Newport Boulevard & Hospital Road
11. Superior Avenue & Placentia Avenue
12. Newport Boulevard southbound "off- ramp" & PCH
13. Superior Avenue & Hospital Road
14. Hoag driveway & Hospital Road
15. Hoag driveway & PCH
Costa Mesa Intersections
16. Newport Boulevard /19th Street
17. Newport Boulevard /Broadway
18. Newport Boulevard /Harbor Boulevard
19. Newport Boulevard /18th Street - Rochester Avenue
20. Newport Boulevard /17th Street
21. Newport Boulevard /16th Street
22. Newport Boulevard /Industrial Way
23. Superior Avenue /16th Street
24. Superior Avenue /17th Street
LLG will obtain the existing AM and PM peak hour traffic volumes at each of the
15 key intersections listed above from the City of Newport Beach, and at the nine
key intersections listed above from the City of Costa Mesa. LLG will develop traffic
generation forecasts for the project for use in the Existing+ Project scenario. The
forecasts for the project will be prepared for the typical weekday, AM peak
commute hour, and PM peak commute hour. The forecast will be based on
empirical trip generation rates derived as part of the Phase II TPO, or the Newport
Beach Traffic Model rates, or from another source deemed to be more appropriate.
The project traffic generation estimates will be provided to City staff for their review,
and upon the City's approval, these estimates will be applied to develop the
Existing + Project scenario.
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Project traffic generation estimates will also be compared against the City's traffic
model assumptions for the Hoag campus, to validate the reasonableness of the
model forecasts that will be the basis for the Year 2015 and Year 2025 scenarios
for the project.
LLG will develop a project traffic distribution pattern based on project trip
distribution data to be provided by Urban Crossroads, and submit to City staff for
their review. The project - related traffic will be distributed and assigned to the street
system, and added to existing (Year 2005) volumes to develop the Existing +
Project traffic forecasts.
For the 15 key intersections in Newport Beach, LLG will obtain the Year 2015
Cumulative Base (i.e., Hoag Master Plan buildout year without the proposed
project) forecasts from Urban Crossroads. These will be reviewed in detail and
applied in the level of service calculations and traffic volume summary figures.
For the nine key intersections in Costa Mesa, a 1% annual growth rate will be
applied to existing traffic volumes to reflect Year 2015 conditions, and cumulative
project traffic will be added (if any; will need to obtain this information from the City
of Costa Mesa). These forecasts will be applied in the level of service calculations
and traffic volume summary figures.
For the 15 key intersections in Newport Beach, LLG will obtain the Year 2025
Cumulative Base (i.e., City's General Plan buildout year without the proposed
project) forecasts from Urban Crossroads. These will be reviewed in detail, and
applied in the level of service calculations and traffic volume summary figures.
For the nine key intersections in Costa Mesa, LLG will obtain the Year 2025
Cumulative Base (i.e., City of Costa Mesa's General Plan buildout year without the
proposed project) forecasts from the City of Costa Mesa. These will be reviewed in
detail, and applied in the level of service calculations and traffic volume summary
figures.
For the 15 key intersections in Newport Beach, LLG will derive the project -
generated trips from the Year 2025 forecasts (with and without the project) from
Urban Crossroads, then add these to the Year 2015 Cumulative Base volumes.
These will be applied in the level of service calculations and traffic volume summary
figures.
For the nine key intersections in Costa Mesa, LLG will extrapolate the project -
generated trips from the Year 2025 forecasts (with and without the project) from
Urban Crossroads at the nearest Newport Beach intersection, then add these to the
Year 2015 Cumulative Base volumes. These will be applied in the level of service
calculations and traffic volume summary figures.
R:TmjedewewpoMU0�nTem3 Corn 043MM.a c 17
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For the 15 key intersections in Newport Beach, LLG will obtain the Year 2025
forecasts with the project from Urban Crossroads. These will be reviewed in detail,
then applied in the level of service calculations and traffic volume summary figures.
For the nine key intersections in Costa Mesa, LLG will extrapolate the project -
generated trips from the Year 2025 forecasts (with and without the project) from
Urban Crossroads at the nearest Newport Beach intersection, then add these to the
Year 2025 Cumulative Base volumes. These will be applied in the level of service
calculations and traffic volume summary figures.
Using the City's CEQA analysis procedure, each of the key intersections will be
analyzed using the Intersection Capacity Utilization (ICU) method. Detailed AM
and PM peak hour level of service analysis will be conducted for the following
traffic scenarios:
• Existing Conditions
• Existing + Project
• Year 2015 Cumulative Base — consists of existing traffic volumes,
growth, related projects approved by the City, and reasonably
foreseeable cumulative projects that have not yet been approved by
the City
• Year 2015 Cumulative Plus Project — Year 2015 Cumulative Base (as
described above) with the proposed project
• Year 2015 Cumulative Plus Project with Mitigation — Year 2015
Cumulative Base (as described above) with the proposed project with
mitigation, if any
• Year 2025 Cumulative Base — consists of existing traffic volumes,
growth, related projects approved by the City, and reasonably
foreseeable cumulative projects that have not yet been approved by
the City
• Year 2025 Cumulative Plus Project — Year 2025 Cumulative Base (as
described above) with the proposed project
• Year 2025 Cumulative Plus Project with Mitigation — Year 2025
Cumulative Base (as described above) with the proposed project with
mitigation, if any
The City's significant impact criteria will be applied to determine any potential
impacts of the project on the surrounding street system. LLG will develop
recommendations to mitigate any resulting project traffic impacts to a level of
insignificance. These measures may include intersections and/or signalization
improvements, striping modifications or the addition of auxiliary turning lanes.
LLG will develop concept plans for all physical improvements recommended at
impacted study intersections. If necessary, perform operational /queuing analysis at
impacted study intersections to evaluate the feasibility of mitigation measures.
R ?PrgeclM"POrNOOOIBOnTG" 00M 0 -0302D doc 18
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LLG will evaluate site access operations, and develop potential recommendations
(if any are feasible) to improve traffic operations at the project driveways on
Hospital Road and West Coast Highway. LLG will perform operational/queuing
analyses at the two project driveway intersections (i.e., Placentia Avenue -Hoag
Drive/Hospital Road and Hoag Drive - Balboa Coves Entrance/West Coast
Highway).
LLG will conduct a peer review of the parking analysis (to be prepared by Katz
Okitsu Associates) before its inclusion in the EIR.
LLG will evaluate and comment on the proposed internal circulation scheme of the
project, with a focus on:
• Site access adequacy and safety (i.e., number of access points,
ingress /egress operations, any potential conflicts with adjacent
driveways)
• On -site circulation design (i.e., lane geometrics, traffic volumes, sight
clearance, stopping distance, throat lengths, vehicle stacking at site
driveways, storage/queuing requirements)
• Building /structure layout
• Parking layout
• Transit and pedestrian connections /circulation and access
• Emergency /service /delivery truck access
Air Quali —The existing air environment will be described in terms of meteorology,
local topography affecting pollutant dispersion, and ambient air monitoring data. A
summary of current air management efforts, which may be related to the proposed
project will be provided with particular emphasis on the 2003 AQMP, and the
requirements for air quality assessments identified in the SCAQMD's CEQA
Handbook. Sensitive receptor areas within the project vicinity will be identified.
The CALINE4 model, developed by the California Department of Transportation,
will be used to assess the local air quality. While the air quality data collected by
the SCAQMD is valuable in identifying concentrations experienced in the general
area, the CALINE4 Model is used to determine the pollutant pattern at key
locations, which the project may effect. The area along the project site and
adjacent lands will be assessed. Up to three key intersections will be examined.
The results will be used as a baseline for future case projections.
The air quality impacts of the proposed project can be divided into the short-term
dust generation, local impacts and long -term regional air pollution increases. Short-
term dust and emission generation due to demolition and construction activities will
be forecast. Measures to reduce dust generation are required by the South Coast
Air Quality Management District. Additionally, measures are contained in the 2003
AQMP for control of construction activity emissions, and these also will be included
in the list of mitigation measures.
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The CALINE4 Model will also be used to assess the pollutant concentrations at the
same locations utilized for the baseline study. The local air quality analysis
assesses the resulting air pollutant levels that will result in the residential areas or
other sensitive areas directly adjacent to the roadways. The increase or decrease
in concentrations due to the project will be highlighted. In addition, the
concentrations projected will be compared to State and Federal air quality
standards to determine the significance of the potential impacts.
Changes in long -term emissions produced by traffic associated with the project, the
combustion of natural gas, and the generation of electricity will be estimated. The
changes in emissions due to the project will be assessed and compared to potential
regional air quality impacts. A detailed discussion of the consistency of the project
with the AQMP will be included.
Measures will be developed to reduce significant air quality impacts to the extent
possible.
Noise — Mestre Greve Associates will prepare the noise technical study using the
traffic analysis prepared by Linsoott, Law and Greenspan. Noise readings will be
taken at four locations surrounding the project site. The data from the noise
readings and the FHWA highway noise model ( "FHWA Highway Traffic Noise
Prediction Model," FHWA -RD -77 -108) will be used to describe existing noise levels
in the project vicinity. Community noise standards relevant to this project are
contained in the City of Newport Beach General Plan and Noise Ordinance. These
standards will be summarized and their relevance to the project discussed.
The potential noise impacts can be divided into short -term construction noise,
impacts on surrounding land uses, and on -site noise/land use compatibility. Noise
levels from construction activities will be estimated at nearby sensitive receptors.
The application of the City of Newport Beach Noise Ordinance to control
construction noise will be discussed.
The noise impacts associated with the projects traffic on adjacent land uses will be
assessed in terms of the CNEL noise scale. The increase in noise levels due to the
project will be determined. Areas that will experience a significant noise increase
will be identified. For the project scenario, the absolute noise levels experienced in
these areas will then be determined, and the resulting land use/noise compatibility
discussed.
Potential noise impacts from the proposed uses will be assessed. Noise generated
by the proposed uses at noise sensitive uses in the area will be estimated. These
noise levels will be compared to the Noise Ordinance criteria to determine
significance. Traffic noise levels that impact within the project site will also be
assessed for compatibility with the proposed uses. Noise levels within the project
area will be determined and compared to noise /land compatibility guidelines
R:PrDJKUWewperlV00ffiB nTemd Cone 30205.eeo 20
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contained in the City of Newport Beach Noise Element and /or the State
Compatibility Guidelines.
Preliminary noise barrier locations and other mitigation strategies will be identified
for the control of noise levels within the project site. Measures will be developed as
necessary to mitigate off -site noise impacts.
Visual /Aesthetics — Intensification of the development on the Upper Campus has
the potential of changing the visual impacts associated with the implementation
of the Hoag Hospital Master Plan. While this is not expected to be a significant
impact because the views of the Lower Campus are more sensitive, the SEIR will
need to provide a discussion of the changes that would result with the
intensification of the Upper Campus. It is assumed that visual simulations from
surrounding viewpoints would be provided by Hoag Hospital for inclusion in the
SEIR. BonTerra Consulting would provide a narrative discussion of the potential
impacts from surrounding sensitive uses. Similarly, if the reduction in
development on the Lower Campus would reduce the potential visual impacts
associated with implementation of the Hoag Hospital Master Plan it is
recommended that visual simulations be included in the SEIR to present the
beneficial effects of the project.
Cumulative Impacts —Given the age of the Final EIR, it is recommended that the
Cumulative Impacts evaluation be updated to ensure that the impacts associated
with the proposed project is evaluated in the context of other projects that have
been approved subsequent to the 1992 approval of the Hoag Hospital Master
Plan. BonTerra Consulting will coordinate with the City of Newport Beach and
City of Costa Mesa to identify past, present or reasonably foreseeable projects
that should be evaluated as potentially contributing to cumulative impacts. This
listing of projects will be used as part of the evaluation for the applicable
technical studies (i.e., traffic, air quality, and noise).
Growth Inducing-impacts—The Supplemental EIR will provide a qualitative
discussion of the potential growth inducing impacts associated with the proposed
amendment. The analysis will provide a discussion of regional growth and
projected growth in the region.
Task 3 Deliverables: 1. Ten (10) copies of the Screencheck Supplemental
EIR for review by the City of Newport Beach and
Hoag Hospital
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Task 4 Prepare Draft EIR for Public Review
A meeting of project team members will be convened and participants will provide verbal
and/or written comments on the first Screencheck SEIR to BonTerra. BonTerra will
make revisions and resubmit the document for a second Screencheck SEIR review by
the team. A revised SEIR, incorporating the comments received from the team will be
submitted for final review. All comments on the revised document will be presented to
BonTerra at a working meeting where the wording of the necessary changes can be
agreed upon. After these comments have been incorporated, a "proof check" copy of
the Draft SEIR will be provided to the City and Hoag Hospital for final approval prior to
reproduction and public distribution. BonTerra will mail copies of the Draft SEIR to the
State Clearinghouse, local community groups, local agencies, surrounding jurisdictions,
etc. BonTerra Consulting will prepare a draft public notice of availability for review by
the City. The City will publish the newspaper notice of SEIR availability.
The format of the Draft SEIR can be determined prior to distribution. If desired,
BonTerra Consulting can provide the public review copies on CD and hardcopies can be
made and distributed to libraries and the City. The document can also be provided on
CD in a format that can be posted on the City's website, if so desired.
Task 4 Deliverables: 1. Six (6) copies of the Second Screencheck SEIR
2. Four (4) copies of a proof check document
3. Up to one hundred (100) copies of the Draft SEIR and
technical appendices
4. Notice of Availability
Task 5 Responses to Comments on Draft EIR
Upon receipt of written comments on the Draft EIR from the State Clearinghouse
and other parties, BonTerra Consulting and staff will meet to review all comments
and develop a strategy for responding to the comments. BonTerra will prepare
written responses to comments that raise significant environmental issues. It is
anticipated that topical responses will be prepared to address multiple comments
received on the same issue. As part of the responses to comments, an errata
sheet will be prepared to identify and summarize where revisions to the Draft
SEIR have been made as a result of comments received; however, the draft EIR
will not be revised. The responses to comments will be provided as a separate
document. After meeting with project team members to receive and compile
comments on the responses, BonTerra will finalize the responses to comments
document. A second submittal of the responses to comments will be provided for
review by the project team. A meeting will be held to discuss revisions to the
final responses to comments. Once the revisions are incorporated, a proof copy
of the responses to comments will be provided to City staff and Hoag Hospital for
final approval prior to printing the document. BonTerra Consulting will mail
responses to public agency comments at least ten days before consideration of
certification of the Final SEIR, as required by CEQA. The extent of comments
that will be received on the project are unknown at this time. A total of 200 hours
of professional time are assumed for the responses to comments.
RAW eCUINM o IXOMB.Tem C*Mraa -0=S.doc 22
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Task 5 Deliverables: 1. Ten (10) copies of the responses to comments
2. Six (6) copies of the revised responses to comments
3. Four (4) copies of a proof check document
4. Seventy-five (75) copies of the final responses to
comments
Task 6
BonTerra Consulting will prepare the Findings and Statement of Overriding
Considerations prepared in accordance with Sections 15091 and 15093 of the
State CEQA Guidelines, respectively. The City will provide a copy of the CEQA
Findings and Statement of Overriding Considerations approved in conjunction
with the certification of the 1992 Final Program EIR for reference and format. It is
assumed that City Attorney's office will review the documents and provide
comments. Revisions will be made to incorporate the City's comments.
Task 6 Deliverables: 1. Ten (10) copies of the Draft Findings and Overriding
Considerations
2. Six (6) copies of the Revised Findings and Overriding
Considerations
3. Thirty (30) copies of the Final Findings and Overriding
Considerations
Task 7 Prepare Mitigation Monitoring and Reporting Proaram
To comply with Public Resources Code 21081.6, BonTerra Consulting will
prepare a mitigation monitoring and reporting program (MMRP) for adoption by
the City Council at the time of the CEQA findings. The MMRP will be prepared at
the same time as responses to comments. BonTerra will add any mitigation
measures adopted as part of the SEIR to the MMRP prepared for Final EIR 142.
It is assumed the City and /or Hoag Hospital Annual Review reports or
documentation that has been submitted for each and every project showing
compliance with the mitigation measures adopted as part of Final Program EIR
142 will be provided to allow BonTerra Consulting to accurately reflect the status
of the various mitigation measures. Two versions of the document will be
submitted for staff review prior to the final MMRP.
Task 7 Deliverables: 1. Ten (10) copies of the draft MMRP
2. Ten (10) copies of the revised MMRP
3. One (1) master copy of the MMRP
Task 8 Meetings and Hearings
BonTerra's project manager will be available to attend project meetings with staff
throughout the SEIR process. It is assumed that BonTerra Consulting will attend
RAPmjec We porll10081BonTema CoM 043MOS.O c 23
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the bi- monthly meetings, as appropriate, to ensure there is a thorough
understanding of issues that are being discussed with each of the team
members. Additional focused meetings may also be required to provide a review
of comments on each of the project deliverables. BonTerra Consulting's
attendance at up to 24 meetings is assumed. In addition, Mestre Greve
Associates will attend up to three team meetings to present their findings and
answer questions by staff. Linscott, Law and Greenspan will attend up to 15
meetings. Additional meetings can be attended on a time and materials basis
with approval of the City.
In addition, it is assumed that the BonTerra Consulting project manager, the
traffic engineer, and the air quality and noise specialist will be involved in public
hearings on the project. A total of three public meetings /hearings are assumed.
Task 8 Deliverables: 1. BonTerra attendance at up to twenty -four (24) project
meetings
2. Mestre Greve Associates (MGA) attendance at up to
three (3) project meetings
3. Linscott, Law and Greenspan (LLG) attendance at up
to fifteen (15) project meetings
4. Attendance by the BonTerra project manager, the MGA
project manager, and the LLG project manager at up to
three (3) public meetings /hearings
Task 9 Protect Manaaement and Coordination
BonTerra Consulting will manage the SEIR preparation effort and coordinate
closely with City staff, Hoag Hospital, and the other consultants on the project
during the course of the CEQA documentation. This management effort will
include close schedule monitoring and budget compliance. Approximately two
hours a week for project administration over the anticipated 12 month duration of
the project.
R:Tmjec % wpoR00051ROnTem COMradY W205.doc 24
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HOAG HOSPITAL MASTER PLAN
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT SCHEDULE
TASK DATE
Project Description and Approach Finalized February 25, 2005
Scope of Work determined to be acceptable March 1, 2005
Submittal of Draft NOP for City review
March 1, 2005
City provides comments on Draft NOP
March 8, 2005
Revisions to NOP made and resubmitted to the City
March 15, 2005
City approval of NOP for distribution
March 17, 2005
NOP distributed 30 -day comment period
March 18, 2005
Traffic modeling completed by Urban Crossroads
April 8, 2005
Visual simulations provided by Hoag Hospital
April 8, 2005
NOP 30 -day comment period ends
April 18, 2005
Traffic technical study submitted
May 20, 2005
City provides comments on the draft traffic report
June 3, 2005
Revise traffic report completed
June 17, 2005
Screencheck EIR with appendices submitted
June 30, 2005
City provides comments on the Screencheck SEIR
July 14, 2005
Revised Screencheck EIR submitted to City
July 28, 2005
City provides comments on revised SEIR
August 2, 2005
Administrative Draft Supplemental EIR submitted
August 9, 2005
Approval to print SEIR
August 11, 2005
SEIR printed and distributed
August 15, 2005
Public Review period ends
September 29, 2005
Preliminary responses to comments submitted
October 18, 2005
City provides comments on responses
October 25, 2005
Draft Mitigation Monitoring and Findings submitted
October 25, 2005
Revised responses to comments submitted
October 31, 2005
Comments on MMP and Findings provided
October 31, 2005
Responses finalized
November 3, 2005
Planning Commission hearing
November 2005
City Council
December 2005
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
R: WmjeclsWewponUD061BonTena Comr a4W205.wc 26
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Kbrpdd
DWA
Planner
GIs
WP
Total Mrs
TOW Coo
$165.00
$140.00
$120A0
665.00
$55.00
Task 1 Pmjad 10dmR
6
6
9
17
52,580.00
Task 2 Notla of Preparation
Pmovirwry Dreg
6
40
6
B
62
68,160.00
RBNSIM
9
a
2
2
13
$1,695.61)
Task 2 Subtotal
11
4B
0
1D
a
75
$91"500
Teak 3 PrepaWbn of 5crnMsk SMR
6D
32
BD
3D
520700.OD
InhdSu tmaroBodWouna
2DI
DD
Project Deaapflon
B
B
51,480.OD
I, and Use end Plermkg
16
16
522/0.00
AlrC1
6:
a
SMAD
TraspodoWn
76
16
$2,960.00
Blobpical
4
4:
B
5040.00
Rererdf
B
6
5720.00
Noiso
B
8
31,"OD
Visual
24
59.960.00
LLeua Resources
6
6.
SMAD
Dumum"
24;
241
$4,40.00
Tuk3SubWWl
115,
00
16
60
30
1421.
S43AW.00
Task 4 Prepare Draft EIR j2vacsimj
Redsed SUeendeck
1 321
32
6
16
16
102
519,80.00
Approval Draft
4'
8
4
4
20
$2.460.00
Task 4 Subtotal! 38 40
6
20
20
1221
E7$,BB0.00
Task 6 Raspansas to Commsrda
Preliminary Submittal
70 60
20
4
6
160
$24,460.00
Rmislo s to Responses,
20. 2D
10
2
6
as
$8,260.00
Task 6 SUbbtal
90,
00
6
12
216
$32,740A0
Task 6 CEGA Findings(Omddss
PrellminalysubmtRal
32
4
38
66,180.00
Ren0os to FndrSS
12
3
15
$2,415.00
TaskesubteW
44
7
51
"0.586.00
Task 7 MRlgallon Monflorimp and Reper0ng Wan
Prelknlnary Submittal
2
90
12
60
$6,19000
Revisions to MMRP
8
2
10
$125000
Task 7 Total
2
44
0
0
14
60
$7,40.00
Task a Projlyd Maadngs
72
20
92
$16,120.00
Task O Manapa and and Coordination
104
18
122
$21,76000
Total BonTam ConsuMn6 Noure
486
34
66
W
51
an
Total BmT4lre Consulting Fame
$89, 726.00
$40.160A0
$61600.00
50.160.00
56,516.00
$160.54000
Subeonsukat Fans
tkscom taw and Greenspan
$94,300.00
Meahe Greve Associates
$161000.00
Total Subconsubod Faas
$110,100.00
Olred Crib
i
Repmdmdon
$10,000.00
Ma61rp end overtYghl ddivedes
$700.00
RbOeaeormuY6pods
8800.00
Tow Dlrad Cesb
411,000.00
ToW Fen .
5250,360.00
R: WmjeclsWewponUD061BonTena Comr a4W205.wc 26
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EXHIBIT "C"
SCHEDULED BILLING RATES (HOURLY)
BonTerra
2004 -2005 FEE SCHEDULE
PROFESSIONAL CLASSIFICATION
HOURLYBILLING RATE
Principal
$135 -200
Associate Principal
120 -150
Biological /Environmental Manager
110 -130
Senior Planner /Senior Project Manager
105 -125
Senior Ecologist/Senior Restoration Ecologist
95 -110
Project Manager
90 -105
Cultural Resources Manager
95 -100
Senior Biologist/Biological Project Manager
80 -95
GIS Specialist
80 -90
Planner /Assistant Project Manager
60 -90
Field Monitor
65-90
Ecologist
55-80
Graphic Artist
65 -80
Project Assistant
60 -70
Administrative Assistant
60-65
Reimbursable Costs
Mileage $0.38 per mile
Copying /Reprographics cost plus 10%
Delivery/Ovemight Mail cost plus 10%
Other out -of- pocket expenses cost plus 10%
Suboonsultants cost plus 10%
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SCHEDULED BILLING RATES (HOURLY)
Linscott, Law and Greenspan
TITLE
PER HOUR
Principal Engineer ........................................................................... $195.00
Associate Principal Engineer ............................................................. 170,00
Senior Transportation Engineer ...............................
.........................145.00
Transportation Engineer III ...............................................................
130.00
Transportation Engineer 11 ................................................................
110.00
Transportation Engineer I ...................................................................
95.00
Senior Transportation Planner ................................................
........ . 130.00
Transportation Planner III ..........................................
........ ............. 110.00
Transportation Planner 11 ....................................................................
95.00
Transportation Planner I ..................................................
.................. 85.00
Engineering Associate 11 ................ ..........................................
......... 95.00
Engineering Associate I ................................ ..............
................. 90.00
CADD Drafter/Senior Technician ............ -- ....... ............................
90.00
Engineering Computer Analyst ........................
... — ............. 90.00
CADD Drafter/Technician ................... ......
...... .......... 85,00
Word Processor/Administrative Assistant ................. ..........................60.00
Engineering Computer Analyst I ..... ...... ........ ........
............... - 70.00
Engineering Technician ................. ......................................
............. 65.00
EngineeringAide I .................................... ...................................
45.00
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SCHEDULED BILLING RATES (HOURLY)
Urban Crossroads
Compensation for Services
The Consultants Billing rates for services are as follows:
Position
Hourly Rates
Senior Principal ............................................. ............................... $150 -175
Principal.......................................................... ............................... 140 -165
Associate Principal ....................... ............................... ........................125 -150
Senior Associate .............................................. ............................... 110 -135
Associate...................................... ............................... ........................100 -125
SeniorAnalyst ................................................... ............................... 85-110
Analyst................................................................ ............................... 70 -95
Assistant Analyst ...................................................... ............................... 50-75
SeniorTechnician ................................................ ............................... 55 -80
Technician....... ......... ................... ............................. ..........................45 -70
Assistant Technician ................................................. ............................... 35 -60
Administrative Manager. ....................................................................
75-100
Administrative Supervisor .........................................
..........................60 -85
Administrative Assistant .... .......................................................................
45 -70
General
(1) Reimbursable direct costs, such as reproduction, supplies, messenger
service, long- distance telephone calls, travel, and traffic counts will be billed
at cost plus ten (10) percent.
(2) Hourly rates apply to work time, travel time, and time spent at public
hearings and meetings. For overtime work, the above rates may be
increased 50 percent.
(3) Client payment for professional services is not contingent upon the client
receiving payment from other parties.
(4) Billing statements 'for work will be submitted monthly. Statements are
payable within thirty (30) days of the receipt by client of statement. Any
statement unpaid after thirty (30) days shall be subject to interest at the
maximum permitted by law.
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
e--3 766
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.
BACKGROUND
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:
W
mes Campbell, Senior Planner
Attachments:
Hoag Hospital EIR
September 9, 2008
Page 2
Submitted by:
David Lepo, Planni r 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 13'h 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:
1. 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:
By:
Title:
(Operating Officer)
Print Name:
By:
Title:
(Financial Officer)
Print Name:
Exhibit A — Letter requesting budget augment dated June 30, 2008
q
COSTA MESA PASADENA TEMECUEA
C O N 5 U L r I N G t (7141 4449199 F p10I 4449599 I 151 Kolmus Owe. Suite E -700
. B,WertocomuR,ng.com Costo Meso. CA 97676
June 30, 2008
Mr. James Campbell VIA EMAIL AND MAIL
Senior Planner JCampbelI @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 1
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
BonTena 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 I RESOURCE MANAGEMENT
0 0
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 studies/analysis 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 it 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,
BONT�RR�� LTING
Dana C. Privitt, AICP
Principal
Attachment 1 — Budget Augment Request
R • AOena `Mawpo"U50fiAM1nrut4aow,UUp:�N Lwr-0&)D'Jexc
11
ATTACHMENT A
BUDGET AUGMENT REQUEST
n
Augna�:-06270e ab Su ^.�rary
•
•
Hoag Hospital Master Plan Anna noted
Budget Augment R*queat
Original Contract
Augment No. 1
Augment No. 2
Augment No. 3
Augment No. 4'
Total Revised
Teak Name
Amount
192510$
1124106
08123106
11113107
Total Budget
A tseet
Budget
BONTERRA CONSULTING
1
Teak l: Pniect Kick Off
-_ .. -.
-- $000
52,68000.
_ $0.00
$2.660.00
Task 2 Nobok of PreparaWMnnwl Study_ _.
- so, Soo
- - -
3000
$9.84500
_ - _ __$0.00
- -_ _ 59,81500
Task 3. Screerlcnack EIR
$43.400 00
$6.30000
$5,64000.
- -
S000
555,340 00.
- - -- $0.00
$55.340.00
Task 4 P r• Draft EIR
- -�• a - -_
$15,980.00
- -_ -`
_ „
-- - -
OL oU
_
-_ S23,480DO_
sigoo
$23.48000
Teak S: Responses to Comments
$32,74000
1
$32,740 00
$65 480 00
30.00
3415,480.00
Task 6 Fmdmgs and Ovmdes
38.595 00.
-
_
58395 00
$17,19000
$+ %7 50
$18,757 SO
Task? MBgatcn MOndormq
$744000
St,1 %00
$7,44000
$18.076.00,
!190.00
$16,566.00
Teak8 Mesongs and neenngs'
516,120.00
57.0D0.Wl
$23,120.00
$8.540701
S3+,660.70
Task Management _
$21,760.00
39.620.00.
- - -- -_
_ 35.000.00
336.38000
$7,+7750
$43,55750
BwTena Consume Direct Costs
311,50000
- - --
$5.00000
378,50000
$135.$2
!16.855.82
Bonr•rra Consulting Total
11170.060 00
- _ 67,1 9600
- S15.260 00.
$0 00.
673.275 aa._
1:26e.09+ 001
117,921.32
S284.02232
aW7m tM C ayY au8lon:auon. BonTen• Consul g W+!KmtlY raalicca- ta-- d funds a - N.m 1
-
tasea
-- -
o includesciumponent of sourawall analysts
_
Original Contract
Augment No. 1
Augment No. 2
Augment No. 3
Augment No. 4'
Total Rertaed
Task Name
Amount
1023108
1121/08
06/23106 )
(111131071
Total Budget
Agovent Request
Blodgett
LINSCOTT LAW AND GREENSPAN
TraRC Modell (Urban Crossroads )
515.300 00
$8.40000
$11,00000
$35.60000
$0.00
$35,50000
Traffic Report
$79,00000
$11,00000
534,500.00
5124.50010
$0.00
$121,500.00
Lin•coR Law and Greenspan Total^
$94.30000
$000
$19,40000
$000
$46,30000
$160.00000
$0.00
$+60,000.00
Original Contract
Augment No 1
Augment No 2
Augment No. 3
Augment No 4'
Total Revised
Task Name
Amount
(8123106)
1124106
(OM 6406 )
(11113107)
Total Budget
Augment Request
Budget
MESTRE GREVE ASSOCIATES
$16 00000'
$2 500 00*
$2.406-00
$8,500.00
$ •11 34000
$40 830 00'
$11,8".00
$5237000
Original Contract
Augment No +
Augment No. 2
Augment No. 3
Augment No. 4'
Total R•vla•d
Task Nam•
Amount
(8123105)
(1/241011)
(11113107 )
Total Budget
Augment Ronvenit
B
CDM
S64 185 co
$000
$0 00
S1525000
579.435 00�
1110,884.66
S 90.31965
CONTRACT TOTAL
S260.36000
$74,18100
$37.15000
$8.50000
5146165 00
$546.35600
$0.356.97
$586 71197
CONTINGENCY FUND: 10%
$14.61650
$0.00
BUDGET AUGMENT TOTAL
_
$160.75+ 50
$40,356.97
Augna�:-06270e ab Su ^.�rary
•
•
• • C -3 ?�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 13'" 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. 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 151 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 Exhibit A in accordance
with the terms and conditions of Agreement and prior Amendments to Agreement.
• i
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 50/100 ($560,972.50) without additional
authorization from City Consultant's compensation includes the Agreement amount of
Two Hundred Eighty Thousand Three Hundred Sixty Dollars and no /100 ($280,360), a
previously- approved Amendment amount of Seventy-Four Thousand One Hundred
Eighty-One and no /100 ($74.181), a previously- approved Amendment amount of Thirty -
Seven Thousand One Hundred Fifty Dollars and no /100 ($37,150), a previously -
approved Amendment amount of Eight Thousand Five Hundred and no /100 dollars
($8,500 00) and this Amendment for an additional One Hundred and Sixty Thousand.
Seven Hundred and Eighty One and 50/100 dollars and 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:
Aaron Harp, Assistant City Attorney
ATTE T:
LaVonne Harkless, City Clerk
Attachments:
CITY OF NEWPORT BEACH,
A Municipal Corporation
Homer Bludau, C6 Manager
CONSULTANT:
By: OL L L (/ h/ -�
Title: ?f 1rx,Ls,,. I (do
(O
perating Officer) 'q
Print NarW. Cil r Sf1 a,., A
L ndevSc,-)
Exhibit A - Letter requesting budget augment dated October 29, 2007
C O N S U L T I N G
A:
•
October 29, 2007
Mr. James Campbell
Senior Planner
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, CA 92663
• RECEIVED BY
PLANNING DEPARTMENT
OCT 31 2001
CITY OF NEWPORT BEACH
VIA EMAIL AND MAIL
JCampbelI @city.newport- beach.ca.us
Subject: 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
j-1T �j4\ 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.
/i 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.
151 Kolmus Drive 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
Suite E -200 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
Costa Mesa screencheck documents for the originally proposed project, and upon Hoag's
revised application to the City, we prepared a new Initial Study /Notice of
Cal,forn a 92626 Preparation, new technical reports, and several screencheck and draft documents.
17 14) 444 -9199
1714) 444 -9599 fox
www.bonlerraconsuhmg com
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 Study /Notice
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 Screencheck EIR, second Screencheck EIR, and "proof check" EIR;
(4) direct costs associated with reproduction, deliveries/postage, 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,
BONTEERRA CONSULTING
Dan C. Privitt, AICP
Principal
Attachment A
cc: Cora Newman, Government Solutions, cora ®govsol.com
Carol McDermott, Government Solutions, carol@govsol.com
R 102: 7 da
Hoag Hospital Master Plan Update Project
ATTACHMENT A
HOAG HOSPITAL MASTER PLAN AMENDMENT
BUDGET AUGMENT REQUEST
' With the City's authorization, BonTerra Consulting has previously reallocate funds between tasks
A � A -t Budget Augment Request
• I
• I
Original
Augment
Augment
Augment
Total
Contract
No.1
No.2
No.3
Total
Augment
Revised
Task Name
Amount
(8123/05)
(1/24/06)
(08/23/06)
Budget
Request'
Budget
BONTERRA CONSULTING
Task 1:
Project Kick Off
$2,680.00
$2,680.00
$0.00
Task 2:
Notice of Preparation /Initial Study
$9,845.00
$9,84500
$0.00
Task 3:
Screencheck EIR
$43,400.00
$6,300.00
$5,640.00
$55,340.00
$0.00
Task 4:
Prepare Draft EIR
$15,980.00
$15,980.00
$7,500.00
Task 5:
Responses to Comments
$32,740.00
$32,740.00
$32,740.00
Task 6:
Findings and Overrides
$8,595.00
$8,595.00
$8.595.00
Task 7:
Mitigation Monitoring
$7,440.00
$1,196.00
$8.636.00
$7,440.00
Task 8:
Meetings and hearings
$16,120.00
$16,120.00
$7,000.00
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
$15.260.00
$0.00
$192,816.00
$73,275.00
$266,091.00
' With the City's authorization, BonTerra Consulting has previously reallocate funds between tasks
A � A -t Budget Augment Request
• I
• I
Hoag Hospital Master Plan Update Project
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) (1/24/06) (08/23/06) Budget Request Budget
LINSCOTT LAW AND GREENSPAN
Traffic Modeling (Urban Crossroads)
$15,300.00
$6.400.00
$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
Linscott Law and Greenspan Total
$94,300.00
$0.00
$19,400.00
$0.00
$113.700.00
$46,300.00
$160,000.00
Total
Original
Augment
Augment
Augment
Contract
No.1
No.2
No.3
Total
Augment
Revised
Task Name
Amount
(8123/05)
(1/24/06)
(08/23/06)
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
Total
Augment
Contract
No. i
No. 2
No. 3
Total
Augment
Revised
Task Name
Amount
(8/23105)
(1/24/06)
(08123/06)
Budget
Request
Budget
•
CDM
$64,185.00
50.00
$0.00
$64,185.00
S15,250.00
$79,435.00
CONTRACT TOTAL
CONTINGENCY FUND: 10%
BUDGET AUGMENT TOTAL
R 02907 0a
$280,360.00 $74,181.00 $37,150.00 $8,500.00 $400,191.00 $146,165.00 $546.356.00
$14,616.50
5160,781.50
A.2 Budget Augment