CC - Item 5E - Assignment of Garvey Earle Plaza Environmental Consulting Services Contract to Phil Martin and Associates, Inc.ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BILL R. MANIS, CITY MANAGER SR
DATE: AUGUST 23, 2016
SUBJECT: ASSIGNMENT OF GARVEY EARLE PLAZA ENVIRONMENTAL
CONSULTING SERVICES CONTRACT TO PHIL MARTIN &
ASSOCIATES, INC.
SUMMARY
The City has received entitlement applications from Waikiki Property LLC (developer)
requesting to construct a new four -story residential /commercial mixed -use development,
totaling 44,700 square feet of residential floor area and 7,520 square feet of commercial
floor area. The residential /commercial mixed -use development would consist of 35
residential rental units and seven (7) commercial units. The subject site is located at 8449
Garvey Avenue (APN: 5288 - 004 -057 and 5288 - 004 -041), in a C- 3 /RC- MUDO /D -O
(Medium Commercial with a Residential /Commercial Mixed -Use and a Design Overlay)
zone.
On June 23, 2016, the Community Development Department issued a Request for
Proposal (RFP) to seek a qualified environmental consultant to assist with the preparation
of required California Environmental Quality Act (CEQA) studies. The cost to hire the
consultant will be paid for in full by the developer.
ITEM NUMBER: 55�
City Council Report
August 23, 2016
Staff Recommendation
It is recommended that the City Council take the following actions:
1) Authorize the Mayor to execute a contract agreement with Phil Martin & Associates,
Inc. to assist in the preparation of required CEQA studies; and
2) Direct staff to obtain a deposit of $41,825 from the developer to cover the full cost
for contract services prior to authorizing the environmental studies consultant to
proceed.
ANALYSIS
The RFP for environmental planning services was mailed to four (4) qualified consulting
firms and opened up to any interested party on the City's website. The RFP requested
consultant services to prepare all of the appropriate CEQA documentation and studies.
Four (4) firms submitted formal bid proposals: CASC Engineering and Consulting, MIG,
Phil Martin & Associates, Inc., and Willdan. A comparison of the costs and services
provided by each firm is outlined in "Attachment D: Mitigated Negative Declaration Bid
Comparison Chart". After reviewing the proposals, staff found that Phil Martin &
Associates, Inc. is most suitable for this project. The applicant is in agreement with staff's
selection. Phil Martin & Associates, Inc. has been providing environmental services for
compliance with the CEQA and National Environmental Policy Act (NEPA) since 1978. The
services include the preparation of Initial Studies, Mitigated Negative Declarations,
Environmental Assessments, Program Environmental Impact Reports (EIRs), and Project
El Rs.
Authorization of this contract will allow staff to manage the environmental review process
without overextending existing resources while providing a comprehensive analysis to
study the impacts that such a development would have on the surrounding neighborhoods.
All associated studies will be completed prior to conducting the required public hearings
before the Planning Commission and City Council.
Prepar
Cory H anh
Associate Planner
ATTACHMENTS:
Submitted by:
�•z Michelle Ramirez
Community Developm t Director
Attachment A: Draft Contract Agreement
Attachment B: Proposal by Phil Martin & Associates, Inc.
Attachment C: Proposed Development Elevation Plan
Attachment D: Mitigated Negative Declaration Bid Comparison Chart
ATTACHMENT "A"
CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this 23r day of August, 2016 by and
between the City of Rosemead, a municipal organization organized under the laws of the
State of California with its principal place of business at 8838 E. Valley Boulevard,
Rosemead, California 91770 ( "City ") and Phil Martin & Associates, Inc., a corporation with
its principal place of business at 4860 Irvine Boulevard, Suite 203, Irvine, CA 92620
( "Consultant'). City and Consultant are sometimes individually referred to herein as "Party"
and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing professional
enviormental services to public clients, is licensed in the State of California, and is familiar
with the plans of City.
2.2 Project.
City desires to engage Consultant to render professional land use and
environmental consulting services forthe proposed mixed use project known as ('Project")
and referred to as the Garvey Earle Plaza as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional environmental
consulting services necessary for the Project ('Services "). The Services are more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
All Services shall be subject to, and performed in accordance with, this Agreement, the
exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from August 23, 2016 to
March 23, 2017, unless earlier terminated as provided herein. Consultant shall complete
the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates, Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel performing
the Services under this Agreement on behalf of Consultant shall also not be employees of
City and shall at all times be under Consultant's exclusive direction and control. Consultant
shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Consultant
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's submittals
in a timely manner. Upon request of City, Consultant shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall be
entitled to terminate this Agreement for cause. As discussed below, any personnel who fail
or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Projector a threat to the safety of persons or property, shall be promptly
removed from the Project by the Consultant at the request of the City. The key personnel
for performance of this Agreement are as follows: Phil Martin (President).
3.2.5 City's Representative. The City hereby designates the Community
Development Director or her designee, to act as its representative for the performance of
this Agreement ( "City's Representative'). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept
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direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Consultant's Representative. Consultant hereby designates Phil
Martin or his designee, to act as its representative for the performance of this Agreement
( "Consultant's Representative "). Consultant's Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his /her best skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care, Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from the
City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein. Any employee
of the Consultant or its sub - consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Consultant and shall not be re- employed to perform any of the Services or to work on the
Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal /OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuantto the indemnification provisions of this
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Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2. 10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall maintain, prior to the
beginning of and for the direction of this Agreement, insurance coverage as specified in
Exhibit "D° attached to and part of this agreement.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "C" attached hereto and incorporated herein by reference. The total
compensation shall not exceed forty -one thousand eight hundred twenty -five dollars
($41,825) without advance written approval of the Community Development Director. Extra
Work may be authorized, as described below, and if authorized, will be compensated at the
rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 45 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary forthe proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary atthe execution of
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this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance' project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business
and at the project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. 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.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
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required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
Phil Martin & Associates, Inc.
4860 Irvine Boulevard, Suite 203
Irvine, CA 92620
Attn: Phil Martin
CITY:
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: Cory Hanh, Associate Planner
Such notice shall be deemed made when personally delivered or when mailed,
forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non - exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings or data magnetically or otherwise recorded on computer diskettes, which
are prepared or caused to be prepared by Consultant underthis Agreement ( "Documents &
Data "). Consultant shall require all subcontractors to agree in writing that City is granted a
non - exclusive and perpetual license forany Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
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3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential
by Consultant. Such materials shall not, without the prior written consent of City, be used
by Consultant for any purposes other than the performance of the Services. Norshallsuch
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the prior
written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City,
its officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Consultant, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services, the Project or this Agreement, including without limitation
the payment of all consequential damages and attorneys fees and other related costs and
expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all
such aforesaid suits, actions or other legal proceedings of every kind that may be brought
or instituted against City, its directors, officials, officers, employees, agents or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents orvolunteers, in any such
suit, action or other legal proceeding. Consultant shall reimburse City and its directors,
officials, officers, employees, agents and /or volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials officers, employees, agents or
volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
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by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates ortransferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed
calendar days and not work days. All references to Consultant include all personnel,
employees, agents, and subcontractors of Consultant, except as otherwise specified in this
Agreement. All references to City include its elected officials, officers, employees, agents,
and volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity, Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
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3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicitor secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. Consultant further agrees to file, or shall cause its employees or
subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as
required understate law in the performance of the Services. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her
service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.19 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. Such non - discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff ortermination. Consultant shall also complywith all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake
self- insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior
written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
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CITY OF ROSEMEAD PHIL MARTIN & ASSOCIATES, INC.
0
Sandra Armenta, Mayor
City of Rosemead
Attest:
Marc Donohue
City Clerk
ME
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
Approved as to Form:
Name:
Rachel Richman, City Attorney
Burke, Williams & Sorensen, LLP
Title:
Phil Martin & Associates, Inc.
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EXHIBIT "A"
SCOPE OF SERVICES
Phil Martin & Associates, Inc. proposes the following work product to prepare the
environmental document for the project.
Project Approach:
Based on our understanding of the project and experience preparing Mitigated Negative
Declarations for similar mixed -use projects, we propose to prepare a Mitigated Negative
Declaration to comply with CEQA. An outline of the services that Phil Martin & Associates
will provide the city is provided below with a detailed description of the services following
the outline:
• Kick -off meeting — meet with city staff and project applicant to establish a schedule
to complete the MND, gather specific information /studies from the applicant, identify
contact personnel with the city and applicant, and identify potential environmental
issues.
• Prepare MND — complete and submit MND to city staff for reviewand commentand
incorporate staff's comments into MND for public circulation.
• Circulate MND — circulate the MND for a CEQA required 30 -day public review
period.
• Respond to Comments— provide written responses to all comments received to the
MND.
• Public Hearings — attend and provide support to city staff at the Planning
Commission and City Council hearings.
• Notice of Determination — File the Notice of Determination and paythe required Fish
and Wildlife fee with the County Clerk Recorder.
a) Kick -off Meeting
Upon authorization to proceed and signature of a contract, Phil Martin will meet with City
staff and the applicant to discuss the project in detail, develop a schedule to complete the
MND and obtain the documents requested in this proposal to begin preparation of the
MND. We will also discuss a traffic scope of work with the City's traffic engineer and the
traffic consultant to ensure the traffic consultant adequately addresses all City traffic and
circulation issues associated with the project.
b) Preparation of Mitigated Negative Declaration
Immediately afterthe kick -off meeting Phil Martin & Associates will begin preparation of the
Mitigated Negative Declaration. Phil Martin & Associates will prepare the MND to comply
with the 2016 CEQA Guidelines, as amended. The MND will include the following tasks:
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Aesthetics
The City of Rosemead General Plan does not identify any designated scenic resources on
the site and the State does not have any adopted scenic state highways adjacent to or
close proximity to the site. Thus, this section will focus on and analyze the potential
aesthetic impacts of the project on the land uses adjacent to and surrounding the site. The
existing aesthetic characteristics of the site and surrounding land uses will be described,
including the residences north and northwest of the site. This section will also discuss how
the project design is sensitive to the residential land uses north and northwest of the site in
regards to massing, siting of parking and loading facilities and lighting. Surface level
photographs of the site and the surrounding land uses will be provided along with a photo
key map to show the aesthetic and visual qualities on the site and the land uses
surrounding the site.
This section will include building elevations showing the architecture, design, and color
scheme of the proposed building as seen from all four sides including the adjacent streets
and the residential homes north of the site. A landscape plan showing the proposed
plantings and hardscape materials of the project will be included in the MIND. The
aesthetic section will compare the architecture, design, and landscape plans to any
applicable City design guidelines.
As an option, Phil Martin & Associates will prepare a photometric study to identify potential
lighting impacts of the project to adjacent land uses, with focus on the residents north and
northwest of the site. The photometric study will show the lumens on the properties
adjacent to the site to determine if project lighting would impact adjacent residents. If
potential aesthetic and lighting impacts are identified, measures to mitigate potential
aesthetic impacts will be recommended in conjunction with recommendations of city staff
and the project developer.
Air Quality
Giroux & Associates will prepare an air quality analysis and greenhouse gas emission
calculations as a sub - consultantto Phil Martin &Associates. Phil Martin &Associateswill
summarize the air quality and greenhouse gas emission reports in the MND and attached
in the appendix.
The air quality report will include the following information:
• Provide an air quality setting based upon SCAQMD monitoring data from the Pico
Rivera air monitoring station, which is the closest air monitoring station to the
project.
• Calculate temporary construction activity emissions (demolition, grading &
construction) using procedures identified in the SCAQMD CEQA Air Quality
Handbook (1993) and incorporated into the CalEEMod computer model.
• Calculate regional vehicular emissions using the currently recommendedCalEEMod
computer model.
• Prepare a local significance threshold analysis with respect to multi - family and motel
uses near the site.
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• Discuss project consistency with the South Coast Air Basin Regional Air Quality
Management Plan in terms of land use planning consistency.
• Identify any potentially applicable mitigation measures, including relevant
transportation control measures (TCMs) incorporated into the air basin portion ofthe
California State Implementation Plan (SIP).
• Discuss the potential effects on local air quality of cumulative development in the
area.
• Summarize the air quality findings in a " stand - alone" draft air quality technical report
in a setting /impact/mitigation format.
The air quality impacts of the project will 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 construction activities will be forecasted using the URBEMIS model. If
provided by the project applicant, detailed estimates of the potential construction
equipment thatwill be used during project demolition and construction will be referenced to
calculate these emissions. Otherwise, conservative estimates of the various required
construction activities to determine short-term emissions will be used. The air pollutant
emissions generated during project construction will be compared to the SCAQMD
Regional and Local Significance Thresholds. Measures to reduce dustgeneration required
by the South Coast Air Quality Management District will be identified. Additionally,
measures in the AQMP to control construction activity emissions will be, as applicable,
discussed in the air quality report. Long -term operational emissions will be generated by
project traffic, combustion of natural gas to heat the building, operation of landscape
equipment, and the use of architectural coatings during building maintenance. The air
emissions generated by these sources will be assessed and compared to the SCAQMD
Regional and Local Significance Thresholds to determine their significance.
Mitigation measures will be recommended to reduce significant long -term operational air
quality emissions as much as possible to meet adopted thresholds and comply with CEQA.
Greenhouse Gas Assessment
Giroux and Associates will closely follow the generally accepted analysis methodologies
and significance thresholds for greenhouse gas emissions and will apply the most current
standards to the project. The greenhouse gas scope of work will include the following:
Describe the existing GHG regulatory environment focused on AB -32 and SB -375.
Summarize the base year GHG emissions inventory for Rosemead and discuss the
likely progress in moving forward from that time.
Identify the appropriate thresholds of impact significance that include both the
quantity of GHG generated by the project as well as project consistency with
sustainable community initiatives.
Quantify GHG emissions associated with transportation, on -site energy
consumption, indirect electricity generation emissions, solid waste generation, and
water use using the CalEEMod computer model GHG module.
Based upon the relative roles of transportation and non - transportation emissions
projections, identify mitigation potential that might reduce the gap between AB -32
goals versus programs that are already in place (CAFE, LCFS, energy efficiency,
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etc.).
Determine GHG impact significance after application of available mitigation
measures.
Geology and Soils
A preliminary geotechnical report will be provided by the project applicant to Phil Martin &
Associates for incorporation into the MIND. The geotechnical report will be summarized in
the MIND and the full geotechnical report included in the appendix.
Hazards and Hazardous Materials
A Phase I Environmental Site Assessment (ESA) will be provided by the project applicant
to Phil Martin & Associates for incorporation into the MIND. The Phase I ESA will be
summarized in the MIND and the full geotechnical report included in the appendix.
Mitigation measures, based on the conclusions and recommendations in the Phase I ESA
will be incorporated into the MIND to reduce potential hazardous impacts to less than
significant to comply with CEQA.
Hydrology/Water Quality
A hydrology report, grading plan and Standard Urban Stormwater Mitigation Plan ( SUSMP)
will be provided by the project applicant to Phil Martin & Associates for incorporation into
the MIND. The hydrology report and SUSMP will be summarized in the MIND and the full
reports included in the appendix.
Mitigation measures, if required, will be incorporated to reduce potential water quality,
grading or storm water impacts to less than significant to comply with CEQA.
Land Use
The project is consistent with the General Plan and current zoning for the site. Therefore,
a General Plan Amendment or Zone Change will not be required. The land use section will
discuss the compatibility of the project with the adjacent surrounding land uses, including
residential to the north and northwest, a motel to the east and commercial to the south.
This section will discuss the consistency of the project with the General Plan and the C -3,
RC- MUDO /D -O development standards. When required, measures will be recommended
to reduce land use impacts to less than significant.
Noise
Giroux & Associates will prepare a noise assessment forthe project as a sub - consultant to
Phil Martin & Associates. Phil Martin & Associates will summarize the noise assessment
and attach the complete report in the MIND appendix.
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The noise assessment will include the following:
• Perform limited on -site ambient noise monitoring after consultation with city staff to
establish an existing baseline and determine the noise generation from traffic and
area commercial uses.
• Develop a baseline traffic noise exposure profile in terms of the CNEL noise metric
using the FHWA Model with the latest California vehicle noise curves (CALVENO)
focused on local impacts from freeway traffic.
• Prepare a no- project versus with - project mobile noise impact comparison, including
any viable project alternative development scenarios. Identify specific sensitive
receiver locations where mobile source noise impacts may adversely affect nearby
sensitive receivers.
• Evaluate stationary noise impacts from temporary on -site construction noise
sources.
• Relate project noise impacts to the Noise Element noise /land use compatibility
guidelines in the City of Rosemead General Plan Noise Element and other
applicable noise exposure regulations.
• Develop a noise impact mitigation plan for any predicted noise impacts that exceed
target noise exposure limits, including community noise standards relevant to this
project as contained in the City of Rosemead Noise Element and Noise Ordinance
(Chapter 8.36). The City's noise standards will be summarized and their relevance
to the project discussed.
• Develop a noise impact mitigation plan for any predicted noise impacts that exceed
target noise exposure limits. Identify likely structural noise protection that will be
needed to meet the building code for the uses proposed.
• Summarize the findings in a "stand- alone" draft noise report.
Mitigation measures to reduce potential noise impacts will be provided as necessary to
meet the City's Noise Ordinance and comply with CEQA.
Public Services and Utilities
This section will evaluate the potential impacts of the project on the various public services
and utilities that will serve the project. The public services that will be analyzed include
police and fire protection, solid waste collection, water, wastewater, electricity, and natural
gas. Service letters will be sent to the public agencies to solicit their comments with
regards to impacts by the project on their respective service. Information will be provided
that identifies the size and location of the existing services /utilities that serve the site and
discuss if the existing facilities are adequate of if upgrades and improvements will be
required. For the existing utilities that will need to be upgraded or extended to serve the
project the MND will discuss potential impacts to extend or upgrade those utilities. When
required to comply with CEQA, mitigation measures will be recommended to reduce
potential impacts to less than significant.
Transportation /Traffic
Stantec will prepare a traffic and circulation study for the project as a sub- consultamto Phil
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Martin & Associates. Stantec's traffic scope of work will be reviewed and approved by the
City prior to their start of the traffic study to ensure the traffic study addresses all of the
city's traffic and circulation concerns. Applicable traffic data from the traffic report for the
recently approved Garvey Garden Plaza project will be utilized to save time and costs.
Stantec proposes the following traffic scope of work:
Background Research and Field Inventory
The Traffic Impact Analysis (TIA) will be prepared in accordance with applicable City
guidelines. Stantec will conduct research with the appropriate agencies to identify future
planned roadway improvements, if any, within the project study area. They will obtain
recently completed traffic impact studies and information on other projects located in
vicinity of the proposed project, as applicable. Stantec will inventory the existing
intersection geometrics and controls, the number of through travel lanes on roadways,
presence and types of medians, pedestrian, bicycle, parking and transit facilities, and
existing land uses within the project vicinity.
The traffic generation of the project will be based on the latest site plan and estimated
using trip generation rates identified in Trip Generation, 9th Edition, published by the
Institute of Transportation Engineers. The project geographical trip distribution will be
based in accordance with site access and the local and regional roadway network
characteristics.
The project is anticipated to generate approximately 554 weekday vehicle trips with 8
inbound and 17 outbound trips during the AM peak hour and 27 inbound and 23 outbound
trips during the PM peak hour. Because the site is currently occupied as a rental car /auto
sales use, it is appropriate to reduce the estimated project trip generation by the existing
trip generation of the site. The project impact to the surrounding circulation system will be
based on the net trip generation of the proposed mixed -use site.
The study area and the intersections that will be studied for the project will be the same as
the intersections that were approved for the recently approved Garvey Garden Plaza traffic
study, including on -off ramps at the 1 -10 freeway north of the site. Therefore, ten (10)
intersections in this study will include the following:
• Garvey Avenue at San Gabriel Boulevard (signalized);
• Garvey Avenue at Delta Avenue (signalized);
• Garvey Avenue at Walnut Grove Avenue (signalized);
• Walnut Grove Avenue at Fern Avenue (signalized),
• Hellman Avenue /San Gabriel Blvd. at 1 -10 Eastbound Ramps (signalized),
• San Gabriel Boulevard at 1 -10 Eastbound Ramps (stop controlled);
• San Gabriel at 1 -10 Westbound Ramps (stop controlled),
• Hellman Avenue at Walnut Grove Avenue (signalized),
• Hellman Avenue at 1 -10 Eastbound off -ramp (signalized),
• Walnut Grove Avenue at 1 -10 Westbound Ramps (stop controlled).
Traffic Volume Data Collection
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Stantec will use existing weekday traffic data that was collected and referenced in the
Garvey Garden Plaza traffic report, including on -off ramp counts at the 1 -10 at Walnut
Grove Avenue and San Gabriel Boulevard in September of 2014 for preparation of the
traffic study for this project. As noted above, ten (10) weekday AM /PM peak hour turning
movement counts were conducted at the above intersections along with eight (8) weekday
24 -hour volume counts at various roadway segments within the study area. Therefore,
new traffic volume counts for these proposed studied intersections /segments will not be
required for the project. However, if the City request that additional intersections be
studied, additional costs for traffic counts and intersection analysis may be required.
Project Trip Generation and Traffic Projections
After the existing traffic data and scope or work is confirmed by the City, a growth factorwill
be applied to the existing traffic volumes, if appropriate, to account for the ambient traffic
growth for the future baseline year. The baseline year for the traffic study will be the
expected project completion year. Baseline year future forecasts will also include volumes
of cumulative development projects located in vicinity of the study area as identified by the
City. For purposes of the traffic study, it will be assumed the project will be implemented in
a single phase.
Level of Service Analysis
Stantec will use the 2000 Highway Capacity Manual (HCM) and the Intersection Capacity
Utilization (ICU) methods in accordance with City /County guidelines and parameters to
determine intersection level of service (LOS) at the study area stop - controlled and
signalized intersections, respectively. The target level of service has been confirmed by
the City as LOS D. Roadway level of service will be based on volume -to- capacity (V /C)
analysis. Level of service analysis will be performed for the following six (6) scenarios for
the study are intersections:
• Existing volumes;
• Existing volumes plus Project;
• Existing volumes plus Project with mitigation (if necessary);
• Baseline (ProjectYear) volumes (Existing volumes + ambientgrowth + cumulative);
• Baseline plus Project (Project Year) volumes; and
• Baseline plus Project (Project Year) volumes with mitigation (if necessary).
Additional Specific Analyses
The traffic report will also include additional analyses that will include as appropriate, but
will not be limited to, geometric configuration /striping alternatives, signal warrant analysis,
queuing analysis, sight distance analysis, on -site circulation including consideration of
vertical clearances, parking and parking code compliance, and emergency vehicle access.
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Report Preparation
The traffic report will include all tables, figures, and text as required to document the study
methodologies, conclusions, and recommendations. The report will also include all LOS,
volume -to- capacity, traffic data, and all other appropriate back -up calculations in the
appendix.
Measures to mitigated project traffic and circulation impacts will be recommended when
required to meet City level of service requirements and CEQA.
Cumulative Impacts
Per CEQA Guidelines Section 15355 this section will provide a discussion of the potential
environmental effects that could occur with development of the project in conjunction with
other planned and entitled projects in the area, including the compounding of cumulative
project impacts. Cumulative project information will be obtained from City staff and include
projects that have been entitled but not constructed, projects that are not entitled, but in the
planning process, and reasonably foreseeable future projects. The cities adjacent to
Rosemead will be contacted to identify any projects within their jurisdiction that should be
included in the cumulative impact analysis. A map will be prepared to show the location of
the cumulative projects. When required by CEQA, mitigation measures will be
recommended to mitigate any cumulative project impacts.
References, Persons and Agencies Contacted and MND Preparation
This section will list all reference documents used to prepare the MND and all persons,
agencies and individuals contacted during preparation of the MND.
Appendices
The MIND appendix will include all technical reports
c) Screen Check MND
Once the MND is completed five (5) hard copies and one (1) compact disc of the Mitigated
Negative Declaration will be submitted to city staff for its review and comment. Staff's
comments and changes will be incorporated into the MND and five (5) second screen
check hard copies and one (1) compact disc will be submitted for a second review to the
city. Staff's final screen check comments will be incorporated and the Mitigated Negative
Declaration prepared for printing.
a) Print and Mail MND
Phil Martin & Associates will print and mail fifteen (15) hard copies and /or compact disks of
the MND for public circulation and use by the City, including the surrounding cities, the Los
Angeles County Planning Department and any other agencies or private entities requesting
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the MND. Due to the close proximity of the project to Interstate 10 and Caltrans potential
interest in the project, Phil Martin & Associates will prepare a Notice of Preparation and
prepare fifteen (15) compact discs (CDs) for submittal to the State Clearinghouse for a 30-
day review. A master hard copy and a compact disk of the AND will be provided to the
City for its use.
b) Prepare Notice of Intent to Adopt a Mitigated Negative Declaration
Phil Martin & Associates will prepare a Notice of Intent to Adopt a MND (NOI). Once
reviewed and approved by the City, a copy will be mailed to all responsible agencies and
interested persons along with a copy of the MND on compact disc. Phil Martin &
Associates will also file the NOI with the Los Angeles County Clerk to start the 30 -day MND
public review period.
c) Respond to Comments
Phil Martin & Associates, Inc. will prepare written responses to all comments received to
the MND. For the purpose of this proposal Phil Martin & Associates has allocated six (6)
hours to respond to comments, which includes time for Phil Martin & Associates and its
sub - consultants. Additional time for Phil Martin & Associates and /or sub - consultants to
respond to comments beyond six hours will be billed on a time and materials basis.
Five (5) hard copies and one (1) compact disc of the Response to Comments will be
submitted to the city for its review and comment. The city's changes will be incorporated
and copies of the Response to Comments will be printed. Phil Martin & Associates will
mail the Response to Comments to the agencies and individuals that submitted comments
at least ten days prior to the scheduled hearing to adopt the MND. Phil Martin &
Associates will print and mail up to ten (10) copies of the Response to Comments.
d) Attend Public Hearings
Phil Martin & Associates has budgeted to attend one (1) Planning Commission and one (1)
City Council hearing. Attendance at additional public hearings will be billed on time and
material basis.
e) File Notice of Determination and Pay Fish and Wildlife Fee
Phil Martin & Associates will prepare the Notice of Determination (NOD) as required by
Section 15094 of the CEQA Guidelines. The day after the MND is adopted and the project
is approved Phil Martin & Associates will file the Notice of Determination with the Los
Angeles County Clerk.
Phil Martin & Associates will file a No Effect Determination form to California Fish and
Wildlife to exempt the project from paying the State required Fish and Game fee at the
time the Notice if Determination is filed with the Los Angeles County Clerk. If a No Effect
Determination is issued by Fish and Wildlife the fee will not be required. However, if a No
Effect Determination is not issued, the project applicant shall provide a check for payment
of the applicable California Department of Fish and Wildlife fee at the time the NOD is filed
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with the Los Angeles County Clerk. Once the NOD is filed with the Los Angeles County
Clerk, Phil Martin & Associates will provide the original Fish and Wildlife Fee receipt and a
copy of the filed NOD to the city for its records.
There is a 30 -day statute of limitation period the public has to file legal challenges to the
adoption of the MIND once the Notice of Determination is filed with the Los Angeles County
Clerk. If no legal challenges to the adequacy of the MIND are filed within this 30 -day period
the adoption is final.
f) Mitigation Monitoring Plan
Phil Martin & Associates will prepare a Mitigation Monitoring Plan (MMP) as required by
Public Resources Code Section 21081.6 for all measures that are recommended to
mitigate significant impacts. The Mitigation Monitoring Plan will list all mitigation measures
presented in the MIND and identify the City department that will be responsible to monitor
and implement each mitigation measure. Once the MMP is completed, two (2) hard copies
will be submitted to city staff for its review. Staffs comments will be incorporated and five
(5) hard copies submitted to the city.
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EXHIBIT "B"
SCHEDULE OF SERVICES
The schedule and milestones for the preparation of a Mitigated Negative Declaration are
presented below. The schedule is based on an anticipated "start date" of August 30, 2016.
1) Start Date - kick -off meeting — August 30, 2016
2) Submit Screen Check Initial Study /Mitigated Negative Declaration to City —
October 3, 2016
3) Receive staff comments to Initial Study /Mitigated Negative Declaration —
October 17,2016
4) Mail Initial Study /Mitigated Negative Declaration — October 20, 2016
5) Initial Study /Mitigated Negative Declaration public review period — October
21, 2016 — November 21, 2016
6) Submit screen check Initial Study /Mitigated Negative Declaration Response
to Comments to City — November 30, 2016
7) Receive staff comments to screen check Initial Study /Mitigated Negative
Declaration (Response to Comments) — December 6, 2016
8) Mail Initial Study /Mitigated Negative Declaration Response to Comments and
submit final Initial Study /Mitigated Negative Declaration to City staff for its
use — December 7, 2016
9) Planning Commission /City Council hearings — January/February 2017
10) File Notice of Determination with County Clerk — February 2017
Milestones
1) Start Date /Kick -off meeting — August 30, 2016
2) Initial Study /MND public review period — October 21, 2016 — November 21,
2016
3) Mail Initial Study /MND Response to Comments — December 7, 2016
4) Planning Commission /City Council hearings — January/February 2017
5) File Notice of Determination — February 2017
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EXHIBIT "C"
COMPENSATION
Mitigated Negative Declaration Budget
The cost to prepare the Mitigated Negative Declaration is $41,825 without the preparation
of the optional photometric study and $44,825 with the photometric study as shown below.
MIND Cost Breakdown
T"k
Houft
ROD
Coat
Kick -off Meeting — Phil Martin
$175
$4
Initial Stud /MND
$175
Prepare Initial Stud /MND — Phil Martin
$22,050
Traffic — Stantec Consu _
Air Quality /Greenhouse Gas Report/Noise
— Giroux & Ass ociates
$11,600
_
*
$3,950
Direct— pr intin , mailing, CDs
$800
Final
- MIND
Response to Comments
$175
1 $1,050
Mitigation Monitoring and Reporting
Program
$175
$350
File CEQA notices
Public Hearings — 1 Planning Commission
and 1 City Council — Phil Martin
_-
$525
$175
$1,050
$41,825
Total
Opt-io
Photometric Study
$3,000
_
T otal with Option
$44,825
*fixed fee contract
The coordination with the completion of the special studies that are provided by the project
applicant, including any response to comments, shall be provided by others.
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EXHIBIT "D"
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend, supplement orendorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be
satisfied by a non -owned auto endorsement to the general liability policy described above.
If Consultant or Consultant's employees will use personal autos in anyway on this project,
Consultant shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self- insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided on
a "pay on behalf basis, with defense costs payable in addition to policy limits. Policy shall
contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Consultant, subconsultants or others involved
in the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review but in no event less
than $1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
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a policy form coverage specifically designed to protect against acts, errors or omissions of
the consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A. M. Bests rating of A- or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant
and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreementshall prohibit
Consultant, or Consultant's employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against
City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable
to this agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been
first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at or
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prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time
and no replacement coverage is provided, City has the right, but not the duty, to
obtain any insurance it deems necessary to protect its interests under this or any
other agreement and to pay the premium. Any premium so paid by City shall be
charged to and promptly paid by Consultant or deducted from sums due Consultant,
at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply first
and on a primary, noncontributing basis in relation to any other insurance or self
insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with
the project who is brought onto or involved in the project by Consultant, provide the
same minimum insurance coverage required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
11.Consultant agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this agreement to self- insure its obligations to City. If Consultant's existing
coverage includes a deductible or self- insured retention, the deductible or self
insured retention must be declared to the City. At that time the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or selfinsured retention, substitution of othercoverage, orother solutions.
12. The City reserves the right at any time during the term of the contractto change the
amounts and types of insurance required by giving the Consultant ninety (90) days
advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that can
be deemed to be in furtherance of or towards performance of this Agreement.
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14. Consultant acknowledges and agrees that any actual or alleged failure on the part
of City to inform Consultant of non - compliance with any insurance requirement in no
way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15.Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant's insurance agent to this effect is acceptable. A certificate of insurance
and /or additional insured endorsement as required in these specifications applicable
to the renewing or new coverage must be provided to City within five days of the
expiration of the coverages.
17.The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a waiver
of any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all- inclusive.
19.These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20.The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Consultant
for the cost of additional insurance coverage required by this agreement. Any such
provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
Phil Martin & Associates, Inc.
Page 27 of 27
22. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes
no obligation or liability by such notice, but has the right (but not the duty) to monitor
the handling of any such claim or claims if they are likely to involve City.
MA
Phil Martin & Associafes, Inc.
July 14, 2016
Cav of Rosemead
City Clerk's Office
Attn: Erica I iernandez, Acting City Clerk
838 East Valley Boulevard
Rosemead, CA 91770
ATTACHMENT "B"
RE: Request for Proposal No. 2016 -10 — New Garvey Earle Plaza - Environmental
Consulting Services to the Community Development Department
Dear Nls. Hernandez:
Phil Martin & .Associates Inc. appreciates the opportunity to submit this proposal for the proposed
52,220 square foot New Garvey Earle Plaza mixed -use project on 0.874 -acres at 8449 Garvev
Avenue and 3014 Earle Avenue. The proposed mixed use project, including retail on the ground
floor and residential units (apartments) on the second through fourth floors, includes 20,, low -
income units for a thirty -Five percent densin bonus.
Our proposal is in response to the City's Rcqucst for Proposal dated June 23, 2016 to prepare an
environmental document for the project to comply with the California Environmental Quality Act
(CEQA). In this case, Phil Martin & Associates proposes to prepare a Mitigated Negative
Declaration (MIND) for the requested Zone Chzngc to comply with CEQA.
1. Contact Information:
The contact information for Phil Martin & Associaies is presented below:
Phil Martin
PH',IgrLin & Associates, Inc.
4860 Irvine Boulevard, Suite 203
Irvine, CA 92620
Office - 949 - 454 -1800
Fax — 949 - 454-1801
pt ary split tin',s<cvcscorn
2. Firm Profile:
Phil 'Martin & :Associates is a California corporation. Phil Martin is the only employee of the
4860 Irvine Boulevard. Suite 203 ♦Irvine. CA 92620 ♦ Phone 949 - 454 -1800 ♦ Fax 949 - 454 -1801
company, Mr. Martin's rate is $175 /hour. The company main business is the preparation of
en,ironmemal documents to comply with the California Environmental Quality Act, as
amended. We work with a variety of sub - consultants in the preparation of the various ( ' EQA
documents, which have included disciplines such as archaeology, paleontology, historical
resources, undmvater archaeology, biology, water quality, photometric smdie_c, shade /shadow
analysis, noise and vibration, air quality, traffic and circulation, visual renderings, etc.
Phil Martin is the President of Phil Martin & Associates and will be the project manager and sole
contact person for the project 'I he philosophy of Phil Martin & Associates is to devote the
time and resources necessary to successfully complete the preparation of a CEQA document on
tune and budget, including the management of all applicable sub - consultants. In this case, Phil
Martin & Associates will provide the resources necessary to complete the Mitigated Negative
Declaration for this project as proposed.
Phil Martin & :Associates, Inc. Statement of Qualifications with a list of some of the many
projects that he has prepared CEQA documents along with Mr. Martin's resume are attached as
Appendix A.
3. Relevant Experience and Skills:
The following projects represent the experience and skills of Phil Martin & Associates that are
attributable to the proposed project.
a) tulle} Play abused Use — FI- Vonte, C
Phil Martin & Associates was hired by the City of EI Monte to prepare a Mitigated
Negative Declaration that included the demolition of a vacant automobile dealership to
construct a mixed use project with two stand -alone four story buildings with 76
residential units and 31,240 square feet of retail space The "West" building includes
15,140 square feet of commercial use (8,150 sq. ft. of retail /office and 6,990 sq. ft. of
restaurant) on the first Floor and 38 residential units on the second through fourth floors.
The "East" building includes 16,100 square feet of commercial use (10,760 sq. ft. of
retail /office and 5,340 sq. ft of restaurant) on the first floor and 38 residential units on
the second through fourth floors. 'flue project also includes one level of subterranean
parking in each building for retail space employee parking and all of the project residents
and guests. The project proposes 311 parking spaces with 196 spaces in the
subterranean parking structures and 115 surface parking spaces.
Client Conlart: Betty Donavenik
Senior Planner
City of El Monte
11333 Valley Boulevard
EI Monte, CA 91731
626 -580 -2056
bdonat rmikCa�elmonteca.gov
Budgo. 566,700
Beginnisg and Ending Date: March 2015 to July 2016 — 16 months
CIN
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Summary ofProdnch: PH Martin & Associates prepared a Mitigated Negative Declaration,
prepared and filed all CRQA required public notices and attended public hearings to
support the MND.
b) Gamey Garden Playa— Rosemead, CA
Phil Martin & Associates prepared a Mitigated Negative Declaration for the
development of a four - story, mixed use development consisting of retail /office use on
the first floor and 46 residential units on the second through fourth floors. The project
included a density bonus application under Senate Bill (SB) 1818, which amended the
state bonus law to allow density- bonuses up to 35 °o for low income housing. As a
result, 10 of the apartments are available for low- income households and allow the
development of a total of 46 apartments. "There are two points of access including a
two -way driveway from Delta Avenue to the ground Icacl parking and a two -way
driveway provides access to the subterranean parking approximately mid -site from Delta
Avenue. The project includes 146 parking spaces with 48 spaces on the ground level for
the retail /office space and 98 parking spaces in the subterranean parking let °el.
Client Contact. Lilv Calc to cla
Croy Planner
Ciq of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
(626) 569 -2142
Itrinh(a,lutyofroscmcad.org
Budges: $ 52,700
Beginning and Ending Date: July 2014 toJune 2015 —11 months
.Summary of PmArrdr. Phil Martin & Associates prepared a Mitigated Negative Declaration,
prepared and filed all CRQA required public notices and attended public hearings to
support the BIND.
r) Gamey Del tlar— Kateme d, CA
Phil Martin & Associates prepared a Mitigated Negative Declaration for the
development of a five - stop - , mixed use development with 15,553 square feet of
retail /restaurant space on the basement /first and second floors and 60 residential units
on the third through fifth Floors. Of the 60 units, the project proposes 12 low- income
rental units. An outdoor seating area is proposed in the central area of the ground level
on the north side of the building. New landscaping will be provided within the building
setbacks around the perimeter of the site and throughout the outdoor seating area. The
project is requesting two concessions to allow the development as proposed. Due to the
slope of the property, a concession was requested to allow a building height of 60 feet at
Brighton Street, exceeding the allowable building height of 50 feet. A second concession
was requested to allow the north side of the building to extend into a 20 degree angle
that extends onto the site from the north property line because the project abuts existing
residences north of the site. Parking is proposed as a combination of surface and two
stories of subterranean basement parking. The project will incorporate an existing alley
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that extends cast -west through the middle of the site from Brighton Street on the east to
Del Mar Avenue on the west Access to the proposed project will be provided via the
rear of the structure with one entrance each on Del Mar Avenue and Brighton Street.
'fire project also includes a density bonus application under Senate Bill (SB) 1818, which
amended the state bonus law to allow density form ca up to 35
Client Contact. Lty Valcnzucla
Citp Planner
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
(626) 569 -2142
Itrinh(6zIciryo &osemcad.urg
Budget $54,300
Beginning and hndic {q Date: Jule 2013 to July 2014 — 12 months
Sumejary of Pmductr. Phil Martin & Associates prepared a Mitigated Negative Declaration,
prepared and filed all CEQA required pub& notices and attended public hearings to
support the NIhND.
4. Project Approach:
Based on our understanding of the project and experience preparing Mitigated Negative
Declarations for similar mixed use projects, we propose to prepare a Mitigated Negative Declaration
to comply with CEQA. An outline of the services that Phil Martin & Associates will provide the
city is provided below with a detailed description of the services following the outline
• Kick -off meeting — meet with city staff and project applicant to establish a schedule to
complete tie NIND, gather specific information /smdics from the applicant, identify contact
personnel with the city and applicant, and identify potential environmental issues.
• Prepare MND — complete and submit AIND to city staff for review and comment and
incorporate staff's comments into BIND for public circulation.
• Circulate MND — circulate the N4ND for a CEQA required 30 -dav public review period.
• Respond to Continents — provide written responses to all comment, received to the N1ND.
• Public Hearings — attend and provide support to city staff at the Planning Commission and
City Council hearings.
• Notice of Determination — Pile the Notice of Determination and pav the required Fish and
NC %ildlife fee with the County Clerk Recorder.
a) Kick- offMeeting
Upon authorization to proceed and signature of a contract, Phil Martin will meet with City staff and
the applicant to discuss the project in detail, develop a schedule to complete the MND and )brain
the documents requested in this proposal to begin preparation of the ',IND. We will also discuss a
traffic scope of work with the City='s traffic engineer and the traffic consultant to ensure the traffic
consultant adequately addresses all Cin traffic and circulation issues associated with the project.
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b) Preparation of Mitigated Negative Declaration
immediately after the kick -off meeting Phil Martin & Associates will begin preparation of the
Mitigated Negative Declaration. Phil Martin & Associates will prepare the MND to comply with the
2016 CEQA Guidelines, as amended. The NiN D will include the following tasks:
Aesthetics
The Ci of Rosemead General Plan does not identify any designated scenic resources on the site
and the State does not have aw, adopted scenic state highways adjacent to or close proximity to the
site. Thus, this section will focus on and anah /e the potential aesthetic impacts of the project on
the land uses adjacent to and surrounding the site. The existing aesthetic characteristics of the site
and surrounding land uses will be described, including the residences north and northwest of the
site. This section will also discuss how the project design is sensitive to the residential land uses
north and northwest of the site in regards to massing, siting of parking and loading facilities and
lighting. Surface level photographs of the site and the surrounding land uses will be provided along
with a photo key map to show the aesthetic and visual qualities on the site and the land uses
surrounding the site.
This section will include building elevations showing the architecture, design, and color scheme of
the proposed building as seen from all four sides including the adjacent streets and the residential
homes north of the site. A landscape plan showing the proposed plantings and hardscape materials
of the project will be included in the NIND. The aesthetic section will compare the architecture,
design, and landscape plans to any applicable City design guidelines.
As an option, Phil Martin & Associates will prepare a photometric study to identify potential lighting
impacts of the project to adjacent land uses, with focus on the residents north and northwest of the
site. The photometric s'mdy will show the lumens on the properties adjacent to the site to determine
if project lighting would impact adjacent residents. If potential aesthetic and lighting impacts are
identified, measures to mitigate potential aesthetic impacts will be recommended in conjunction with
recommendations of city staff and the project developer.
Air Quality
Giroux & Associates will prepare an air quality analysis and greenhouse gas emission calculations as
a sub- consultant to Phil Martin & Associates. Phil Marcia & Associates will summarize the in
quality and greenhouse gas emission reports in the MND and attached in the appendix.
Me air quality report will include the following information
• Provide an air quality setting based upon SC:AQNID monitoring data from rile Pico Rivera
air monitoring station, which is the closest air monitoring station to the project.
• Calculate temporarti construction activity emissions (demolition, grading & construction)
using procedures identified in the SCAQMD CE-QA :fir Quality Handbook (1993) and
incorporated into the CaIEENiod computer model.
• Calculate regional vehicular emissions using the currently recommended CaIEEAfod
computer model.
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Prepare a local significance threshold analysis Nairn respect to multi - family and motel uses
near the site.
Discuss project consistency with the South Coast _\it Basin Regional :fir Quality
Management Plan in terms of land use planning consistency.
Identify any potentially applicable mitigation measures, including relevant transportation
control measures (TC%Is) incorporated into the air basin portion of the California State
Implementation Plan (SIP).
Discuss the potential effects on local air quality of cumulative development in the area.
Summarize the air quality findings in a "stand - alone' draft air quality technical report in a
setting /impact /mitigation format.
The air quality impacts of the project will 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 construction activities will be forecasted using the URBEMIS model. If provided by the
project applicant, detailed estimates of the potential construction equipment that will be used during
project demolition and construction will be referenced to calculate these emissions. Otherwise,
conservative estimates of the various required construction activities to determine short -term
emissions will be used. The air pollutant emissions generated during project construction will be
compared to the SCAQvID Regional and Local Significance Thresholds. Measures to reduce dust
generation required by the South Coast Air Quality Management District will be identified.
ddditionally, measures in the AQ%1P to control construction activity emissions will be, as apphcahlc,
discussed in the air quality report Long -term operational emissions will he generated by project
traffic, combustion of natural gas to heat the building, operation of landscape equipment, and the
use of architectural coatings during building maintenance. The air emissions generated by these
sources will be assessed and compared to the SCAQMD Regional and Local Significance 'I Incsholds
to determine their significance.
%litigation measures will be recommended to reduce significant long -term operational air quality
emissions as much as possible to meet adopted thresholds and comply with CEQA.
Greenhouse Gas Assessment
Giroux and Associates will dosek follow the generally accepted analysis methodologies and
significance thresholds for greenhouse gas emissions and will apply the most current standards to
the project The greenhouse gas scope of work will include the following:
Describe the existing GHG regulatory environment focused on AB -32 and SB -375.
Summarize the base year GHG emissions inventor}• for Rosemead and discuss the likely
progress in moving forward from that time.
Identify the appropriate thresholds of impact significance that include both the quantity of
GHG generated by the project as well as project consistency with sustainable community
initiatives.
Quantify GHG emissions associated with transportation, on -site energy consumption,
indirect electricity generation emissions, solid waste generation, and water use using the
CaIEEblod computer model GHG module.
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• Based upon the relative roles of transportation and non - transportation emissions
projections, identifi mitigation potential that might reduce the gap between AB -32 goals
versus programs that are already in place (CAFE, L(FS, energy efficiency, em.).
• Determine GHG impact significance after application of available mitigation measures.
Geology and Soils
A preliminary geotechnical report will be provided by the project applicant to Phil Martin &
Associates for incorporation into the ,\1ND. The geotechnical report will be summarized in the
JfND and the full geotechncal report included in the appendix.
Hazards and Hazardous Materials
A Phase I Environmental Site Assessment (ESA) will be provided by the project applicant to Phil
,\lartin & Associates for incorporation into the MND. The Phase I ESA will be summarized in the
NIND and the full geotechnical report included in the appendix.
,\litigation measures, based on the conclusions and recommendations in the Phase I ESA seill be
incorporated into the MND to reduce potential hazardous impacts to less than significant to comply
with CEQA.
Hve rology /Water Quality
A hydrology report, grading plan and Standard Crban Stornewater Mitigation Plan (SUSbIP) will be
provided by the project applicant to Phil Martin & Associates for incorporation into the ',IND. The
hydrology report and SUS ,\1P will be summarized M the ,\IND and the full reports included in the
append x.
Mitigauon measures, if required, will be incorporated to reduce potential water quality, grading or
storm water impacts to less than significant to compty with CEQA.
Land Use
The project is consistent with the General Plan and current zoning for the site. Therefore, a
General Plan Amendment or Zone Change will not be required. The land use section will discuss
the compatibility of the project with the adjacent surrounding land uses, including residential to the
north and northwest, a motet to the cast and commercial to the south. This section will discuss the
consistency of the project with the General Plan and the C -3, RC- ..AIUDO /D -O development
standards. When required, measures will be recommended to reduce land use impacts to Tess than
significant.
Noise
Giroux & Associates will prepare a noise assessment for the project as a sub - consultant to Phil
Martin & Associates. Phil Martin & Associates will summarize the noise assessment and attach the
complete report in the ,\IND appendix.
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The noise assessment will include the following:
• Perform limited oo-site ambient noise monitoring after consultation with cm, staff to
establish an existing baseline and determine the noise generation from traffic and area
commercial uses.
• Develop a baseline traffic noise exposure profile in terms of the CNEL noise metric using
the FHWA Dlodel with the latest California vehicle noise con - es (CALV'ENO) focused on
local impacts from freeway traffic.
• Prepare a no-project versus with - project mobile noise impact comparison, including any
viable project alternative development scenarios. Idcalub, specific sensitive receiycr
locations where mobile source noise impacts may adversely affect ucarbv sensitive receivers.
• Evaluate stationary noise impacts from temporary on -site construction noise sources.
• Relate project noise impacts to the Noise Element noise /land use compatibility guidelines in
the Cie of Rosemead General Plan Noise Element and other applicable node exposure
regulations.
• Dee - elop a noise impact mitigation plan for any predicted noise impacts that exceed target
noise exposure limits, including community noise standards relevant to this project as
contained in the On, of Rosemead Noise Element and Noise Ordinance (Chapter 836).
The City's noise standards will be summarized and their relevance to the project discussed.
• Develop a noise impact mitigation plan for any predicted noise impacts that exceed target
noise exposure limits. ldendfv likely structural noise protection that will be needed to meet
the building code for the uses proposed.
• Summarize the findings in a "stand-alone" draft noise report.
.\litigation measures to reduce potential noise impacts will be provided as necessary to meet the
City's Noise Ordinance and comply with CI'.QA.
Public Services and Utilities
This section will evaluate the potential impacts of the project on the various public services and
utilities that will serve the project. The public services that will be anahzed include police and fire
protection, solid waste collection, water, wastewater, electricity, and natural gas. Service letters will
be sent to t public agencies to solicit their comments with regards to hnpacis by the project on
their respective service. information will he provided that identifies the size and location of the
existing services /utilities that serve the site and discuss if the existing facilities are adequate of if
upgrades and improvements will be required. For the existing utilities that will need to he upgraded
or e tended to serve the project the MND will discuss potential impacts to extend or upgrade those
utilities. Whcn required to comply with CEQA, mitigation measures will be recommended to
reduce potential impacts to less than significant.
Transportation /Traffic
Stantee will prepare a traffic and circulation study for the project as a sub- consultant to Phil Junin
& Associates, Sumter's traffic scope of work will be reviewed and approved by the Citv prior to
their start of the traffic smdy to ensure the traffic study addresscs all of the cia s traffic and
circulation concerns. Applicable traffic data from the traffic report for the recently approved
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Gareev Garden Plaza project will be utilized to save time and costs. Stantec proposes the following
traffic scope of work:
Hatkgrorrnd Research and Field bmeutou
The Traffic Impact analysis MA) will be prepared in accordance with applicable City guidelines.
Stantec will conduct research with the appropriate agencies to identify future planned roadway
improvements, if any, within the project study area. They will obtain recently completed traffic
impact studies and information on other projects located in vicinity of the proposed project, as
applicable. Stantec will invention, the existing intersection geometrics and controls, the number of
through navel lanes on roadways, presence and topes of medians, pedestrian, bicycle, parking and
transit facilities, and existing land uses within the project vicinity.
The traffic generation of the project will be based on the latest site plan and estimated using trip
generation rates identified in Trip Generation, 9th Edition, published by the Institute of
Transportation Engineers. The project geographical trip distribution will be based in accordance
with site access and the local and regional roadway network characteristics.
The project is anticipated to generate approximately 554 weekday vehicle trips with S inbound and
F outbound trips during the ANI peak hour and 27 inbound and 23 outbound trips during the PNI
peak hour. Because the site is currently occupied as a rental car /auto sales use, it is appropriate to
reduce the estimated project trip generation by the existing trip generation of the site The project
unpacc to the surrounding circulation system will be based on the net nip generation of the
proposed mixed -use site.
The study area and the intersections that will be studied for the project will be the same as the
intersections that were approved for the recently approved Garvey Garden Plaza traffic small,
including on -off ramps at the I -10 frcewav north of the site, Therefore, ten (10) intersections in this
study will include the following:
• Garvev Avenue at San Gabriel Boulevard (signalized);
• G arvey Avenue at Delta .Avenue (signalized);
• Gazt-ey avenue at Walnut Grote Avenue (signalized);
• Walnut Grove avenue at Fern Avenue (signalized);
• Hellman Avcnuc /San Gabriel Blvd. at 1 -10 Eastbound Ramps (signalized);
• San Gabriel Boulevard at I -10 Eastbound Ramps (stop controlled);
• San Gabriel at 1 -10 AN'estbound Ramps (stop controlled);
• Hellman Avenue at Walnut Grove Avenue (signalized);
• Hellman Avenue at 1 -10 Eastbound off -ramp (signalized);
• Walnut Grove .Avenue at I -10 Westbound Ramps (stop controlled).
Traf1c Vrilume Data CisIledion
Statute will use existing weekday traffic data that was collected and referenced in the Garvey Garden
Plaza traffic report, including on -off ramp counts at the I -10 at AC %alnut Grove Avenue and San
Gabriel Boulevard in September of 2014 for preparation of the traffic study for this project As
noted above, ten (10) weekday _ANI /P \f peak hour turning movement counts were conduced at the
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1 1 ,.. r,, va tr a ted Vapu.c t,14.21116
above intersections along with eight (8) weekday 24-hour volume counts at various roadway
segments within the study area. Therefore, new traffic volume counts for these proposed studied
intcrsections /segments will not be required for the project. However, if the Ciry request that
additional intersections be studied, additional costs for traffic counts and intersection analysis may
be required.
Project T"p Generalion and Traffic Projections
After the existing traffic data and scope or work is confirmed by the City, a growth factor will be
applied to the existing traffic volumes, if appropriate, to account for the ambient traffic growth for
the future baseline rear. The baseline year for the traffic study will be the expected project
completion tear. Baseline year future forecasts will also include volumes of cumulative development
projects located in cicinme of the study area as identified by the City. For purposes of the traffic
smdv, it will be assumed the project will be implemented in a single phase.
feat/ Sen ue An4ysis
Stantee will use the 2000 Highwav Capacty Manual (HCivl) and the Intersection Capacity Utiliraton
(ICU) methods in accordance with City /County° guidelines and parameters to determine intersection
level of service (LOS) at the study area stop controlled and signalized intersections, respectively.
The target level of service has been confirmed by the City as LOS D. Roadway level of service will
be based on volume -to- capacity (\t /C) analysis. level of service analysis will be performed for the
following six (6) scenarios for the smdv are intersections:
• Existing volumes;
• Existing volumes plus Project;
• Existing volumes plus Project with mitigation (if necessary);
• Baseline (Project Year) volumes (Existing volumes + ambient growth + cumulative);
• Baseline plus Project (Project Year) volumes; and
• Baseline plus Project (Project Year) volumes with mitigation (if necessary).
Addikaml.Speaflc Analyser
The traffic report will also include additional analyses that will include as appropriate, but will not be
limited to, geometric configuration /striping alternatives, signal warrant aufthsu, queuing analysis,
sight distance analysis, on -site circulation including consideration of vertical clearances, parking and
parking code compliance, and emergency vehicle access.
Report Preparation
The traffic report will include all tables, figures, and text as required to document the smdv
methodologies, conclusions, and recommendations. The report will also include all LOS, volurne-
to- capacity, traffic data, and all other appropriate back -up calculations in the appendix.
Measures to mitigated project traffic and circulation impacts will be recommended when required to
meet City level of service requirements and CHQA.
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Cumulative Impacts
Per CDQA Guidelines Section 15355 this section will provide a discussion of the potential
environmental effects that could occur with development of the project in conjunction with other
planned and entitled projects in the area, including the compounding of cumulative project impacts.
Cumulative project information will be obtained from City staff and include projects that have been
entitled but not constructed, projects that are not entitled, but in the planning process, and
reasonably foreseeable future projects. The cities adjacent to Rosemead will be contacted to identify
any projects within their jurisdiction that should be included in the cumulative impact analysis. A
map will be prepared to show the location of the cumulative projects. Whcn require] by CIiQA,
mitigation measures will be recommended to mitigate any cumulative project impacts.
References, Persons and Agencies Contacted and MND Preparation
This section will list all reference documents used to prepare the MND and all persons, agencies and
individuals contacted during preparation of the BIND.
Appendices
The MND appendix will include all technical reports.
c) Screen Check MND
Once the -NLND is completed five (5) hard Copies and one (1) compact disc of the Mitigated
Negative Declaration will be submitted to tiny staff for its review and comment Staff's comments
and changes will be incorporated into the MND and five (5) second screen check hard copies and
one (1) compact disc will be submitted for a second review to the cit Staff's final screen check
comments will be incorporated and the Mfltigated Negative Declaration prepared for printing.
d) Print and Mail MND
Phil Martin & Associates will print and mail fifteen (15) hard copies and/or compact disks of the
MIND for public circulation and use by the City, including the surrounding cities, the Los Angeles
County Planning Department and any other agencies or private entities requesting the NIND. Due
to the close proxintiry of the project to Interstate 10 and Caltrans potential interest in the project,
Phil Martin & Associates will prepare a Notice of Preparation and prepare fifteen (15) compact discs
(CDs) for submittal to the State Clearinghouse for a 30 -day review. A matter hard copy and a
compact disk of the MIND will be provided to the City for its use.
e) Prepare Notice of Intent to Adopt a Kiidgated Negative Declaration
Phil Martin & Associates will prepare a Notice of Intent to Adopt a MIND (_NOI). Once reviewed
and approved b the Ciry, a copy will be mailed m all responsible agencies and interested persons
along with a copy of the MIND on compact disc. Phil Martin & Associates will also file the NOI
with the Los Angeles County Clerk to start the 30 -day MND public rcvicw period.
n, t 4R.— cod- Mwc — mesas Pa t
P -.1 14.2016
f) Respond to Comments
Phil Manor & Associates, Inc. will prepare written responses to all comments received to the MND.
For the purpose of this proposal Phil Martin & Associates has allocated six (6) hours to respond to
comments, which includes time for Phil Martin & Associates and its sub - consultants. Additional
time for Phil Martin & Associates and/or sub- consultants to respond to comments bevond six
hours will be billed on a tune and materials basis.
Fite (5) hard copies and one (1) compact disc of the Response to Comments will be submitted to
the city for its review and comment The city's changes will be incorporated and copies of the
Response to Comments will be printed. Phil )Martin & associates will mail the Response to
Comments to the agencies and individuals that submitted comments at least ten days prior to the
scheduled hearing to adopt the MND. Phil Martin & \,ociates will print and mail up to ten (10)
copies of the Response to Comments.
g) Attend Public Hearings
Phil Martin & Associates has budgeted to attend one (1) Planning Commission and one (1) City
Council hearing. Attendance at additional public hearings will be billed on time and material basis.
h) File Notice of Determination and Pay Fish and %Vikillfe Fee
Phil Martin & Associates will prepare the Notice of Determination (NOD) as required by Section
15094 of the CHQA Guidelines. The day after the NLID is adopted and the project is approved
Plvl Martin & Associates will file the Notice of Determination with the Los Angeles County Clerk.
Phil Martin & associates will file a No Effect Determination form to California Fish and Wildlife to
exempt the project from paying the State required Fish and Game fee at the time the Notice if
Determination is filed with the Los Angeles County Clerk. If a No Effect Determination is issued
by Fish and A&fldlife the fee will not be required. Flowever, if a No Effect Detemhination is not
issued, the project applicant shall provide a check for payment of the applicable California
Department of Fish and Vile life fee at the time the NOD is filed with the Los .Angeles County
Clerk. Once the NOD is filed with the Los Angeles Comity Clerk, Phil'Martin & as'soeiates will
provide the original Fish and Wildlife Fee receipt and a copy of the filed NOD to the city for its
records.
There is a 30 -day statute of limitation period the public has to file legal challenges to the adoption of
the MIND once the Notice of Determination is filed with the Los Angeles County Clerk. If no legal
challenges to the adequacy of the HIND arc filed within this 30 -day period the adoption is final
) )Litigation Monitoring Plan
Phil Martin & Associates wall prepare a )Litigation Monitoring Plan (NFMP) as required by Public
Resources Code Section 21081.6 for all measures that are recommended to mitigate significant
impacts. The Mitigation Monitoring Plan will list all mitigation measures presented in the BIND and
identify the Cin department that will be responsible to monitor and implement each mitigation
measure. Once the MN1P is completed, two (2) hard copies will be submitted to city staff for its
review. Staffs comments wall be incorporated and five (5) hard topics submitted to the city.
Grt o(M,unad A'cm eano -Fs,l 1 vagrt
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5. Project Team:
Phil Slartin is the only person at Phil blardn & Associates that will be assigned to the project. Mr.
Martin mill serve as the Project Manager and the contact with the City throughout the project Mr.
Martin has served as the Project Manager and sole contact person For many similar projects in the
past with superior results, including several past projects in Rosemead. A list of similar projects that
Phil Martin has served as the sole contact person and Project Manager is presented below.
Other team members to prepare the NND for the project include the following sub - consultants:
a. Stantec— traffic consultant
b. Giroux & Associates — air quality, greenhouse gases, noise
e OMB Electrical— photometric smdv - optional
6. Resume of Key Project Personnel:
Phil Martin's resume is provided in Appendix A, following Phil Martin & Associates Statement of
Qualification. The sub - consultant's Statement of Qualifications are included in Apperi B.
7. Documentation of Recent Projects:
A list of recent projects that have been prepared by Phil Martin & Associates is presented in Item 3
of this proposal. The project information includes the mpes of documents prepared, budgets and a
contact to answer city questions.
8. Current and Accessible References:
The following references are provided in addition to the references provided in Item 3. All
references have worked with speeificallv with Phil Martin & Associates within the last year
a. Scott I cc
Senior Planner
City of Alhambra
111 South First Street
.-llhambra, CA 91801
(626) 570.5034 x 5040
dee(Lcin- ofalhambra.org
b. Betty Donavanik
Senior Planner
Cite of III Monte
11333 Vallcv Boulevard
El Monte, CA 91731
(626) 580 -2056
bdonavanik a)clmonteca.gov
Cip ..fR-- ,-d— A—Gx —, Emde Phn Pegs ❑
Pmpoc.11. 11,) re %1l, J ]'.g..,,, e D,d— n- -Iw, 14, 2016
Vince Fregoso
Senior Planner
City of Santa Ana
20 Civic Center Plaza, NI-20
Santa Ana, CV 92701
(714) 667 -2713
vfregoso @sans- ana.gov
9. Falsification of Work Experience:
All projects and work products represented in this proposal have been prepared by Phil Martn of
Phil Martin & Associates and are accurate and true.
10. Cost Breakdown:
The cost to prepare the Mitigated Negative Declaration is $41,825 without the preparation of the
optional photometric study and $44,825 with the photometric study as shown below.
MND Cost Breakdown
Task
Hourl - Rate
Cost
Kick-off Meeting - Phil Martin
$175
5450
Initial Stud • /MND
Prep are Initial Studs /MND - Phil 'Martin
5175
522,050
Traffic - Stantec Consulting
S11,600
Alt ( ualay /Greenhouse Gas Re ort /Noise -
2 s s
Giroux &Associate
53,950
Direct- printing, mailing, CDs
SSO0
Final MND
Response to Comments
$175
57,05()
6titi auon Nlonitm ing and Reporting Program
$175
5350
File CFQA node,,
6523
Public Hearings -1 Planning Commission and 1
Ct}' Council - Phil Martin
S171
51,050
Total
$41,825
_
O tion
Photometric Study
S3,000
Total with Option
$44,825
*fixed fee conaacr
The coordinauon with the completion of the special studies that are provided by the project
applicant, including any response to comments, shall be provided by others.
Cip - of R- -d-- A-- 11, —, Earle Plere 1 H
Vmp—A 1,+ Pvepmr M,, nil N,-- Dedazavon —f ulc H,'_N 6
11. Timeline:
The schedule and milestones for the preparation of a %litigated Negative Declaration are presented
below. The schedule is based on an anticipated "start date" of August 30, 2016.
1) Start Date - kick -off meeting - August 30, 2016
2) Submit Screen Check Initial Smdv /Nlidgated Negative Declaration to City - October 3,
2016
3) Receive staff comments to Initial Smdy /Mitigated Negative Declaration- October 17, 2016
A) Mail Initial Smdy /%litigated Negative Declaration - October 20, 2016
S) Initial Smdy /Nfitigated Negative Declaration public review period - October 21, 2016 -
November 21, 2016
6) Submit screen check Initial Smdy /%litigated Negative Declaration Response to Comments
to Cin - November 30, 2016
7) Reccivc staff comments to screen check Initial Smdy /Mitigated Negative Declaration
(Response to Comments) - December 6, 2016
8) Mail Initial Study /l litigated Negative Declaration Response to Comments and submit final
Initial Swely /vliugated Negative Declaration to City staff for its use - December 7, 2016
9) Planning Commission /City Council hearings - January/ Fcbruary 2017
10) File Notice of Determination with Count}• Clerk - Februan 2017
Milestones
1) Stan Dare /Kick- off meeting - August 30, 2016
2) Initial Smdy /MND public review period - October 21, 2016 - November 21, 2016
3) Mail Initial Smdy /NiND Response to Comments - December 7, 2016
d) Planning Commission /City Council hearings- January /February 2017
5) File Notice of Deterrninauon - Februan 2017
12. Needed Information:
The following information will be required to begin preparation of the AlND:
• Site plan - digital
• Phase I F.S N - digital
• Geotechnical Report - digital
• Hydrology Report /SUSNfP - digital
• Landscape plan - digital
• Project construction start date and project completion /opening date
• Building elevations - digital
• Grading plan, construction schedule, list of the types and number of pieces of grading
equipment -to calculate construction emissions.
Pmp,,.l I�, P,,-, V itfI, \,,-, , D,d —...- d, 14.3016
13. Exclusions and Proposal Limitations
This proposal does not include any scope of work that is not specifically identified in the above
proposal.
Limitations:
This proposal is based on a reasonable schedule and the scope of work set forth herein. Changes in
the schedule or scope of work assumptions may result in costs beyond those currently anticipated.
Major changes include, but are not limited to:
1. Changes in the project by the Cin- or applicant, which cause revisions of printed
documentation of plans beyond those covered by the scope of work.
2. Changes in the project, accepted by the City, which cause revisions of the printed
documentation or plans or additional processing beyond that covered by the scope
of work.
3. Changes in the schedule by the Croy or applicant beyond the parameters set forth in
this proposal.
4. Expansion of the area of study or regulatory activity by the City.
D. _additional planning entitlements' or required permits'.
6. Appeal of project determination (e.g. project approval or denial) by a public agency,
other groups or organizations.
If one or more of the shove incident occurs, Phil Martin & Associates shall be entitled to negotiate a
contract amendment .actual contract authorization date may cause revisions to the project
schedule Lengthier review periods by the applicant or delays for redesign or negotiations, entitle
Phil Martin & Associates to re- gamine the contract to determine if the costs incurred with the
delays can be accommodated in the fee. If any of the changes described herein occur, Phil Martin &
Associates shall inform the Cm in writing of the status of the proposal.
Please call if you have quesuons about our proposal.
Sincerely,
�0�
Phil Martin
President
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ATTACHMENT "D"
We Declaration Bids: Garvey -fade Plaza Project
MIG
Stz
],.iW
0
anagement
7W"eting
eeting
Ail
h and Investigation
Project Description
Attendance (Public Hearing)
ation Meeting
Technical Analysis
Aesthetics
%
1
Air Quality
x
x
x
Cultural Resources
x
Cumlative Impacts
x
%
Geology and Soils
x
x
z
Graphic Exhibits
- -- x
Green House Gas Emissions
x
x
x
Growth Inducement
x
Hazards /Hazardous Materials
x
x
x
Land Use
_ x
x
x
Noise
x I
x
x
'I: Additional
Phase Environmental Screening
�S,ODD
x
x
Optional: Additional
Photometric
$3000
Population and Housing
x
x
x
Public Services
x
x
Review
x
nal: Additio
Shade and Shadow Analyses
$7,500
x
Transportation/Circulation
x
x
x
Utilities and Service Systems
Optional: Additional
View Simulations
$3,450
Water Quality Management
Reports
Initial Study
Mitigated Negative Declaration (MINE)
%
Notices
Notice of Intent (NO[)
x
%
x
Notice of Preparation (NOP)
x
x
x
Notice of Completion (NOC)
x
Notice of Determination (NOD)
x
x
Notice of Availability (NOA)
r
%
Miscellaneous
DeIwPrablesfof MND
x
Deliverables for Notices and Technical
_
x
Expenses - Printing, Mailing, CDs
x
x
File CEQA Review
x
x
Finding and Statement of Overriding
_
If required: Additional
Consideration
$1,850
Mitigation Monitoring and Reporting
Program (MMRP)
.
x
m
-
Response to Comments
x
x
Public Agency Review
x