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HomeMy WebLinkAboutAgr 2008-05-22 (Leonard Charles & Assoc.) AGREEMENT FORPREPAJUNG CEOA DOCUMENTATION FOR THE CAPRICE CONDITIONAL USE PERMIT APPLICATION TIllS AGREEMENT, made and entered this 2-Z1:J~ay of May, 2008, by and between the TOWN OF TffiURON, a municipal corporation, hereinafter called "Town," and LEONARD CHARLES AND ASSOCIATES, hereinafter referred to as "Consultant," RECITALS A. The Town is desirous of a consultant to assist in the preparation of documentation required under the California Environmental Quality Act ("CEQA") for the evaluation of an application for a conditional use permit (File # 1 0707) for the construction of a new building to expand an existing restaurant (the Caprice) on the property located at 2000 Paradise Drive in Tiburon (the Caprice restaurant). B. The Town has determined that a consultant with specific expertise in the preparation of CEQA documentation will be required in order to evaluate this application. C. Town will contract for the Consultant to provide the services described in Exhibit A ("Services"), which is attached hereto and incorporated herein by reference. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform those Services described in Exhibit A. Consultant may subcontract out certain of the Services to other Consultants only as may be approved in advance in writing by Town. In the event of such subcontracting, Consultant shall remain responsible for the full performance of such services. 2. Compensation. Consultant's fee for the Services shall be as set forth in Exhibit A and shall not exceed $23,415.00. PaYments shall be due thirty days after submission of an itemized invoice showing work actually completed. Consultant shall submit invoices on a monthly basis for time and materials actually expended. Compensation in excess of the amount set forth in Exhibit A must be approved in writing by the Town through amendment of this Agreement. 3. Consultant as Independent Contractor. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. Agreement for CEQA Documentation.2008.doc 1 Consultant shall indemnify, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages arising from Consultant's willful or negligent acts relating to the performance of the Services pursuant to this Agreement. 4. Audit of Books and Records. T own may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 5. Ownership of Documents: Re-Use. All documents, including drawings and specifications prepared by Consultant pursuant to this Agreement shall be the property of Town. Town acknowledges that said documents are prepared for use only in connection with the services as described in the Exhibit A. Consultant makes no representation that said documents are suitable for re-use on any other project or on any expansion of the Project. 6. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work Order"), require Consultant to stop or suspend performance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Consultant. Upon receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 8. Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the Services or the time required for such performance, Consultant shall receive an equitable adjustment in compensation or an extension of time for performance, as appropriate. 7. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition, Consultant may suspend the performance of the Services after giving Town 10 days notice of its intent to do so. In the event of such suspension, the Base Fee shall be increased to include Consultant's reasonable costs of suspending and restarting the Services. 8. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within five (5) days written notice to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to Agreement for CEQA Documentation. 2008. doc 2 the contract, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 9. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit others he or she may employ to engage in discrimination in the emploYment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 10. Miscellaneous. A. Other Contract Provisions. Other contract provisions may be set forth in Exhibit A. To the extent that there are any inconsistencies with such Exhibit and the other portions of this Agreement, the latter shall prevail. B. Governing Law. This Agreement shall be governed by the laws of the State of California. C. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement: Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. CONSULTANT TOWN OF TffiURON eJ PV L/Q~V Leonard Charles, Leonard Charles and Associates . Curran, Town Manager APPROVED AS TO FORM: Agreement for CEQA Documentation.200B.doc 3 BID PROPOSAL CAPRICE RESTAURANT CEQA DOCUMENTATION April 2008 Prepared for: Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Prepared by: Leonard Charles and Associates 7 Roble Court San Anselmo, California 94960 415.454.4575 INTRODUCTION The following proposal describes the scope of work that Leonard Charles and Associates (LCA) proposes to conduct to prepare an Initial Study for the proposed expansion of the Caprice Restaurant (hereafter called the project). ASSUMPTIONS This proposal is based on the following assumptions: The applicant will prepare a single, coordinated project description that incorporates all previous project descriptions, including responses to questions from the Town Planning Department. LCA will not be responsible for preparing the final project description. LCA will provide a format for the applicant to use to describe the project. . The applicant shall provide final site plans and elevations in an 11 "x17" format and as electronic files. . The applicant shall be responsible for installing story poles and preparing accurate photosimulations that are acceptable to the Town. Photosimulations will include views from 2002 Paradise Drive, the Point Tiburon condominiums, the bay, and any other sensitive vantage point identified by the Town. These photosimulations shall show existing and post-project views. They will be supplied to LeA as 8.5"x11" and 111X17" prints and as electronic files. . The applicant shall provide a letter or report from an engineer confirming that the existing pilings can be used for the project. . The Town accepts the previous traffic and noise reports prepared for the original project as accurate and does not require a new traffic and/or noise analysis or technical peer review of the existing reports. The project can be reviewed for possible approval by preparing a Mitigated Negative Declaration and not an Environmental Impact Report (EIR). This bid proposal does not address the labor or cost for preparing an EIR. INITIAL STUDY PREPARATION LCA will prepare an Initial Study per the requirements of the California Environmental Quality Act (CEQA). The following describes what elements would be included in the Initial Study and what work we would do to complete those elements. A. Introduction The Initial Study will begin with an overview of the environment surrounding the project site. We will describe the existing restaurant, the history of its operations and this Bid Proposal -Caprice Restaurant CEQA Documentation Town of Tiburon Page 1 Leonard Charles and Associates project, its operation (based on data provided by the applicant), and its surroundings. We will provide a full description of the project including designs provided by the applicant. Finally, we will provide a summary of the impacts that are less than significant and impacts that are potentially significant and the mitigation measures which would reduce the impact to a less than significant level. . Meetings The price quote for this proposal assumes the following meetings: . Three meetings with City staff (start-up meeting, meeting to identify photosimulation vantage points, review of draft document meeting) B. Aesthetics Discuss the visual impacts on public and private views. The analysis will be based on photosimulations prepared by the applicant. The visual impact assessment will be from the vantage points where the photosimulations are taken from. As such, we will meet in the field with the Town and the applicant's representative to identify the 2-5 most significant vantage points. The applicant will be responsible for preparing the simulations. The Town and applicant may also want SCDC input when selecting vantage points to ensure that their permit review needs are addressed. Discuss short-term visual impacts during demolition and construction, including impacts of barges and a crane near the shore. c. Air Quality Discuss how project construction would generate small amounts of vehicle-generated pollution and how this effect would be less than significant. Describe how the project would generate small amounts of dust during construction. Refer to the Say Area Air Quality Management District's CEQA Guidelines and recommend dust control mitigation measures consistent with those guidelines. D. Biological Resources It is our understanding that all work on land will be done within the existing building footprint and work done from the bay will be off of barges. Given this assumption, effects to biological resources should be limited to erosion during construction. We will address this impact. However, if these assumptions are incorrect or BCDC or any other agency identifies other potential biological impacts requiring the analysis of professional biologists, this would require an amendment to this proposal. E. Geology/Soils . We will incorporate the data, conclusions, and mitigation measures developed by the applicant's engineer or geotechnical consultant regarding bank/slope stability; seismic design, design to address soil constraints, and piling stability. If these data are not currently available, the applicant shall prepare those data at least to the level of detail Bid Proposal -Caprice Restaurant CEQA Documentation Town of Tiburon Page 2 Leonard Charles and Associates required by the Town. We will summarize data provided by the applicant. We are not responsible for independent geotechnical review or analysis. F. Hazards and Hazardous Materials We will describe how project construction would use fuels and other materials common to construction projects. We will provide a general discussion of potential hazards involved in demolishing the building, but this will not be an engineering analysis of potential vibration or other impacts to the building at 2002 Paradise Drive nor an analysis of potential hazards involving barging the demolished building or the new building. It is expected that all this work would be done per appropriate laws and regulations. G. Hydrology/Water Quality Discuss water quality impacts from project construction, including dangers of demolished materials falling into the bay and erosion impacts. Discuss potential flooding during peak storms and/or tides and by tsunami. Discuss potential impacts of sea level rise. H. Land Use/Planning We would do the following: Discuss surrounding land uses and how the project would affect those uses. . Discuss the genera permit requirements of BCDC and possible project consistency with those requirements. Assess the project for consistency with the Town General Plan and zoning ordinance. (This analysis is an optional task; see the note to the Price Quote.) I. Noise The noise analysis would be based on the earlier analysis prepared by the applicant's noise consultant. Noise is one of the most potentially significant and contentious issues involving the project. There are four potentially significant noise impacts, including: . Construction noise, especially on 2002 Paradise Drive. We will discuss this impact at a general level. It is assumed that the noise is a short-term impact and so long as it complies with the Town's Noise Ordinance that it is less than significant. . U~e of the restaurant will generate mechanical noise that could affect 2002 Paradise Drive. We will summarize previous noise analyses regarding this impact. . Use of the restaurant, especially during banquets, could result in noise from amplified sound or other sound generated in the restaurant. Again, we will summarize previous studies to address this impact. Bid Proposal -Caprice Restaurant CEQA Documentation Town of Tiburon Page 3 Leonard Charles and Associates . Valets parking cars could generate sound from talking on 2-way radios, talking, playing music,' or parking cars. gain, we will summarize previous studies to address this impact. We will visit the site for 2 nights to confirm existing noise from valet parking as well as from restaurant operations generally. Other than the 1 to 2 field visits to qualitatively review noise from valet parking, no additional quantitative or qualitative noise analysis will be done. Noise engineers will not be hired to work on this project. J. Public Services and Utilities Discuss how the project could require additional fire and police services. Confer with water and sewer agencies to determine adequacy of services. K. TransportationlTraffic Reviewing the project file, traffic safety and parking are issues of concern. We will review the Wtrans traffic report and the current project proposal. We will visit the site during one normal weekend night and one night when a banquet occurs to qualitatively validate operations, parking, and safety concerns. We will also use the Wtrans report to assess impacts on roadway and intersection capacity. The scope of work does not include additional analysis by a traffic engineer and would be based solely on the existing traffic report, review of other existing data, the aforementioned field visits, and possible conversations with the applicant's representatives and residents in the area. L. Other Resources Describe how the project would not have any effects for the other resources in the Environmental Checklist, including agricultural resources, cultural resources, mineral resources, population/housing, and recreation and parks. R. Mandatory Findings of Significance We will provide summary discussions to determine whether the project would potentially degrade the environment or have adverse effects on humans. We will assess potential cumulative impacts. This will include a description of other projects proposed in the area as well as potential buildout of the Town. Areas where there could be cumulative impacts would be aesthetics, transportation, land use, and public services. Preparation of Draft Mitiaated Neaative Declaration If the Initial Study concludes that all impacts can be reduced to a less than significant level by mitigation measures that the applicant accepts, then we would prepare a Mitigated Negative Declaration (MND) for the project. If the Initial Study concludes that preparation of an EIR is warranted, this proposal would need to be amended to reflect the additional time and expense for preparing an EIR. The subsections below outline Bid Proposal -Caprice Restaurant CEQA Documentation Town of Tiburon Page 4 Leonard Charles and Associates what work would be done to prepare a MND and to complete other CEQA-required tasks. A. Prepare Draft Mitigated Negative Declaration Based on the Initial Study, we would prepare a Draft Mitigated Negative Declaration. The Mitigated Negative Declaration would be prepared to include all elements required by CEQA. B. Mitigation Monitoring and Reporting Program We will prepare a Mitigation Monitoring and Reporting Program for the project. C. Respond to Comments We will prepare written responses to comments received during the public review period to the degree that those comments are relevar"!t to the Mitigated Negative Declaration. (See the Notes to the Price Quote for the cost of responding to comments.) D. Public Hearings We will attend one public hearing on the Draft Mitigated Negative Declaration. We will respond orally to comments or questions asked at those hearings. E. Prepare Final Negative Declaration Revise the Draft Initial Study and Draft Mitigated Negative Declaration to respond to comments received during the review period. Prepare the Final MND, including the required Findings. SCHEDULE AND PRODUCTS Once a contract is signed, we will begin work. From that date, the following products will be completed: 1. Submittal of 3 copies of Draft Initial Study and MND (if warranted) Within 8 weeks of receipt of the final project description 2. Submittal of 25 copies of FinaIIS/MND and Mitigation Monitoring Program Within 3 weeks of receipt of receipt of all comments STAFF The following list of individuals will work on this project. Resumes will be provided on req uest. Bid Proposal-Caprice Restaurant CEQA Documentation Town of Tiburon Page 5 Leonard Charles and Associates Staff Member ReSDonsibilitv Leonard Charles and Associates Leonard Charles, Ph.D. Lynn Milliman Project Manager Environmental Analyst Bid Proposal-Caprice Restaurant CEQA Documentation Town of Tiburon Page 6 Leonard Charles and Associates PRICE QUOTE The attached price quote is based on these hourly rates: LeA Leonard Charles Lynn Milliman Clerical $175 $150 $65 The attached price quote is a not-to-exceed cost of $23,415 for all work described above except for responding to comments. A separate price will be negotiated for that task once we see how many comments need to be responded to. Also, see the Notes to the Price Quote. Notes to Price Quote 1. The scope of work for the base price is described in this proposal. If the Town wants additional studies or analyses, these can be arranged. 2. The scope of work does not include technical analysis by any engineer, geologist, biologist, or other technical consultant. If technical studies are needed or wanted, we will arrange to have those studies done as an amendment to this scope of work. 3. If the Initial Study indicates that an EIR must be prepared, we will negotiate with the Town regarding the scope of that EIR and its cost. An EIR would be prepared as a revision to this proposal. 4. We will be notified if for any reason the Town wishes us to stop work. We will be reimbursed for all work completed at the time of that notification within 30 days of our billing the Town. 5. The Price Quote includes attendance of Leonard Charles at one public hearing. Leonard Charles will attend additional public hearings at a cost of $700 per hearing. 6. If the applicant wishes us to prepare the final project description, which entails reviewing all file documents and discussions with the applicant's representatives, this would cost an additional $1,200. 7. If the Town wishes, we can prepare Draft Findings for a cost of $2,900. 8. From our review of the project file, the comments on the Draft MND (assuming that an MND is prepared and circulated) could be extensive and require a considerable amount of time to adequately respond to. It is not possible to estimate the time and costs for that work at this stage. Once all comments on the Draft MND are received (assuming an MND is prepared), we will review Bid Proposal -Caprice Restaurant CEQA Documentation Town of Tiburon Page 7 Leonard Charles and Associates those comments with Town staff and calculate the time that it will take to respond to those comments and prepare the Final MND. Alternatively, if the Town does not wish to amend the contract at a subsequent stage, a contingency fee could be included in this contract to be used for responding to comments. 9. We will not be responsible, under the basic Price Quote, for any of the following tasks: 1. color mapping or graphics 2. geologic explorations or geologic analysis by a professional geologist, geological engineer, or engineering geologist 3. field sampling for air or water quality 4. biological surveys by a professional botanist or biologist 5. engineering analysis of hydrology, hydraulics, or wave/tidal action. 6. quantitative air quality analysis 7. noise analysis by an acoustic engineer 8. quantitative traffic analysis; 9. use of planimetry techniques, photo montage, or artistic renderings in the visual analysis 10. archaeological explorations or analysis 11. Level 1 or higher investigations for toxic materials 10. The Initial Study (and Mitigated Negative Declaration, if warranted) is intended to be a full disclosure document and is provided solely to assist in the evaluation of the proposed project. Leonard Charles and Associates shall not be liable for costs or damages of any client or third parties caused by use of this document for any other purpose, or for such costs or damages of any client or third parties caused by delay or termination of any project due to judicial or administrative action, whether or not such action is based on the form or content of this report or portion thereof prepared by Leonard Charles and Associates. 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