CC - Item 5H - Professional Service Agreement to Prepare CEQA Study for the Proposed Residential/Commercial Mixed-Use Development Located at 3001-3027 Walnut Grove Avenue E M
ROSEMEAD CITY COUNCIL
CIVIC PRIDE STAFF REPORT
,NCDRPORATED Agg9
TO: THE HONORABLE MAYOR AND CITY COUNCnIL MEMBERS
FROM: GLORIA MOLLEDA, CITY MANAGER j3 N I ,
DATE: MARCH 24, 2020
SUBJECT: PROFESSIONAL SERVICE AGREEMENT TO PREPARE CEQA STUDY
FOR THE PROPOSED RESIDENTIAL/COMMERCIAL MIXED-USE
DEVELOPMENT LOCATED AT 3001-3027 WALNUT GROVE AVENUE
SUMMARY
On February 10, 2020, the Community Development Department issued a Request for Proposal
("RFP") seeking qualified environmental consultant services to assist with the preparation of
required California Environmental Quality Act ("CEQA") studies for a residential/commercial
mixed-use development proposed at 3001-3027 Walnut Grove Avenue ("Site"). Five proposals
were received,and staff is recommending that the City enter into a Professional Service Agreement
("PSA") with Phil Martin & Associates, Inc. to prepare the applicable CEQA analysis. Pursuant
to the City's adopted fee schedule,the cost to retain the environmental consultant will be fully paid
by the applicant.
STAFF RECOMMENDATION
Staff recommends that the City Council:
1) Authorize the City Manager to execute a contract agreement with Phil Martin &
Associates, Inc. to assist in the preparation of required CEQA studies.
2) Direct staff to obtain a deposit of$58,080 (Cost + 10% City Fee) from the developer to
cover the full cost for contract services prior to authorizing the environmental studies
consultant to proceed.
DISCUSSION
The City has received entitlement applications from The Taiwan Center Foundation of Greater
Los Angeles to construct a new four-story residential/commercial mixed-use development located
at 3001 Walnut Grove Avenue.The proposed project includes the demolition of all buildings onsite
to construct the residential/commercial mixed-use development which will consist of 17,644
square feet of commercial floor area(10 commercial units and a community hall)and 42 residential
condominiums (7 of the 42 units would be low-income affordable units). Parking would be
AGENDA ITEM 5.H
City Council Meeting
March 24,2020
Page 2 of 3
provided at the basement, ground, and mezzanine levels. The project site is designated in the
General Plan Land Use Map as Commercial and on the Zoning Map as Medium Commercial (C-
3).
The residential/commercial mixed-use development is proposed on four parcels totaling
approximately 1.05-acres and is located on the north side of Garvey Avenue, between Walnut
Grove Avenue and Willard Avenue. To develop the site as a residential/commercial mixed use
development, the applicant is proposing a General Plan Amendment to change the General Plan
land use designation from Commercial to Mixed Use: Residential/Commercial (30 du/ac; 3
Stories)and a Zone Change to incorporate a Residential/Commercial Mixed-use Development and
Design Overlay (RC-MUDO/D-O).
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The RFP for environmental planning services was mailed to 22 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.
Five firms submitted formal bid proposals: UltraSystems Environmental Inc., Phil Martin &
Associates,Inc.,ECORP Consulting,Inc.,CSG Consultants,Inc.,and Stantec Consulting Services
Inc. 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 and
discussing them with the applicant, the applicant has requested that the City select Phil Martin&
Associates, Inc., as they have had experience working with them. Phil Martin & Associates has
years of practice in providing environmental services for a vast variety of developments and would
be the most suitable for this project. For this reason, staff is in agreement with the applicant to
select Phil Martin& Associates, Inc. for the project.
City Council Meeting
March 24,2020
Page 3 of 3
Phil Martin&Associates,Inc. has been providing environmental services for compliance with the
CEQA and National Environmental Policy Act (NEPA) since 1978. Their services include the
preparation of Initial Studies, Mitigated Negative Declarations, Environmental Assessments,
Program Environmental Impact Reports (EIRs), and Project EIRs.
Authorization of this Agreement 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.
FISCAL IMPACT
None, as the cost for the said environmental study will be paid by the applicant pursuant to the
City's adopted fee schedule.
STRATEGIC PLAN IMPACT
The proposed CEQA analysis is required as part of the Planning Discretionary process.
Consideration of the proposed development is consistent with Strategy I: Economic Development,
to enhance local shopping and dining options and encourage new high quality and affordable
housing stock.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification.process.
Prepared by:
Annie Lao, Associate Planner
Submitted by:
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ge'ica "t usto-Lupo, Director of Communi Development
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
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Attachment A
Draft Contract Agreement
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL SERVICES FOR THE PREPARATION OF A MITIGATED
NEGATIVE DECLARATION FOR THE PROPOSED RESIDENTIAL/COMMERCIAL
MIXED-USE DEVELOPMENT LOCATED AT 3001-3027 WALNUT GROVE AVENUE
PHIL MARTIN & ASSOCIATES, INC.
1. PARTIES AND DATE.
This Agreement is made and entered into this this 24th Day of March, 2020
(Effective Date) 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 Blvd., Rosemead, California 91770 ("City") and Phil Martin & Associates,
Inc. a corporation with its principal place of business at 1809 E. Dyer Road, Suite 301,
Santa Ana, CA 92705 ("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
environmental consulting 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 such ongoing professional
environmental consulting services for the proposed residential/commercial mixed-use
development located at 3001-3027 Walnut Grove Avenue ("Services") 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, herein referred to a "Services". The
Services are more particularly described in Exhibit A attached hereto and incorporated
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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 for a one (1) year period
from the Effective Date shown above, with a one (1) year extension at the sole and
absolute discretion of the City, 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.
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. 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
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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 Project or 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.
3.2.5 City's Representative: The City hereby designates the City Manager,
or his 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 Agreement. Consultant shall not accept 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/her 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 professional 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 represents 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.
3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of
and in compliance with applicable local state and federal laws, rules and regulations in
any manner affecting the performance of the Project or the Services, including all
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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 indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for
the duration of this Agreement insurance coverage as specified in Exhibit B attached to
and part of this agreement.
3.2.11 Safety: Contractor 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 its
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 and shall not
exceed Fifty-Two Thousand, Eight Hundred Dollars ($52,800) and in accordance with
consultant's proposal dated February 25, 2020. Consultant's proposal is hereby.
incorporated and found in Exhibit A. Extra Work may be authorized in writing, as
described below, and 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.
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3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unlessauthorized 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 for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of 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" 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 to the extent they are applicable to Consultant. 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
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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/Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be 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.
1809 E. Dyer Road, Suite 301
Santa Ana, CA 92705
Attn: Phil Martin
Tel: (949) 454-1800
CITY:
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: Annie Lao, 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,
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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 under this Agreement
("Documents & Data"). Consultant shall require all subcontractors to agree in writing that
City is granted a non-exclusive and perpetual license for any 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. The
Documents & Data are intended for use solely with respect to the project for which they
were prepared. Any reuse or modification by City shall be at City's sole risk.
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.
Nor shall such 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 costs of such action.
3.5.6 Indemnity and Defense.
a. Indemnity and Defense
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless
Agency and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all losses, liabilities, damages, costs and expenses, including legal
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counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or subconsultants (or any agency
or individual that Consultant shall bear the legal liability thereof) in the performance of
services under this agreement. Consultant's duty to indemnify and hold harmless Agency
shall not extend to the Agency's sole or active negligence.
b. Duty to Defend
In the event the Agency, its officers, employees, agents and/or volunteers are made a
party to any action, lawsuit, or other adversarial proceeding arising from the performance
of the services encompassed by this agreement, and upon demand by Agency,
Consultant shall defend the Agency at Consultant's cost or at Agency's option, to
reimburse Agency for its costs of defense, including reasonable attorney's fees and costs
incurred in the defense of such matters to the extent the matters arise from, relate to or
are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is
not a condition precedent to enforcement of this provision. In the event of any dispute
between Consultant and Agency, as to whether liability arises from the sole or active
negligence of the Agency or its officers, employees, or agents, Consultant will be
obligated to pay for Agency's defense until such time as a final judgment has been
entered adjudicating the Agency as solely or actively negligent. In no event shall the cost
to defend charged to the design professional exceed the design professional's
proportionate percentage of fault.
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
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,
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and any assignees, hypothecates or transferees 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.
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 solicit or 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 under state 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.
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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 or termination. Consultant shall also comply with 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.
[Signatures on next Page]
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CITY OF ROSEMEAD PHIL MARTIN &ASSOCIATES, INC.
By:
Gloria Molleda, City Manager Date
Name:
Attest:
Title:
Ericka Hernandez, City Clerk Date
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONTRACTOR REQUIRED]
Approved as to Form:
By:
Name:
Rachel Richman Date
City Attorney Title: _
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EXHIBIT A
SCOPE OF SERVICES/ RATE SCHEDULE
Based on our understanding of the project and experience preparing Mitigated Negative Declarations for
mixed-use projects,Phil Martin&Associates propose to prepare a Mitigated Negative Declaration to comply
with CEQA for a cost of$52,800 as shown below.
�( ar �a`x st,r»m K '�< "t S t P 'fir "E .�w �. 4x r-:.° 'Sry *• � � .� `° '.fir
Kick-off Meeting—Phil Martin $175 $350
Initial Study/MND
Prepare Initial Study/MND—Phil Martin $175 $28,000
Traffic—Ganddini Group * $11,550
Air Quality/Greenhouse Gas Report—Giroux& * $3,350
Associates
Noise Report—Giroux&Associates * $3,100
Direct—printing,mailing, CDs $500
Final MND
Response to Comments:
Phil Martin&Associates -$700
$1,300
Giroux&Associates - $300
Ganddini Group-$300
Mitigation Monitoring and Reporting Program $175 $350
File CEQA notices—Notice of Intent to Adopt
and Notice of Determination $700
Public Hearings—1 Planning Commission and 1
City Council—
Phil Martin&Associates-$1,400
Giroux&Associates - $1,000 $3,600
Ganddini Group-$1,200
Total $52,800
*fixed fee contract
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A detailed description of our proposed scope of work is provided below.
a) Kick-off Meeting
Upon authorization to proceed and signature of a contract,Phil Martin will meet with City staff and the project
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. Our traffic consultant,the Ganddini Group,will
discuss a traffic scope of work with the City's traffic engineer to ensure the traffic study adequately addresses
all City traffic and circulation issues associated with the project with special focus on a Vehicles Miles Traveled
(VMT) analysis.
b) Preparation of Mitigated Negative Declaration
Immediately after the kick-off meeting, Phil Martin & Associates will begin preparation of the MIND. Phil
Martin & Associates will prepare the MND to comply with the 2020 CEQA Guidelines, as amended. The
MND will include the following tasks:
Aesthetics
The City of Rosemead General Plan does not identify any designated scenic resources either on or adjacent to
the site. Similarly, the State does not have any adopted scenic state highways adjacent to or within close
proximity to the site. The existing aesthetic characteristics of the site and surrounding land uses will be
described. This section will also discuss how the project design is sensitive to the adjacent residences to the
north and east in regards to massing. 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
project. A landscape plan,if available, showing the proposed plantings and hardscape materials of the project
will be included. This section will focus on and analyze the potential aesthetic impacts of the project on the
land uses adjacent to and surrounding the site based on the project's architecture, design, and landscape plans
with consistency with the Rosemead Municipal Code.
Air Quality
Giroux&Associates will prepare an air quality analysis as a sub-consultant to Phil Martin&Associates. Phil
Martin&Associates will summarize the air quality analysis in the MIND and attach the full report in the MIND
appendix. The air quality report will include the following:
• 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 CaIF.EMod computer model.
• Utili7e the CaIEEMod model to calculate regional emissions associated with project-generated traffic.
• Evaluate the potential for any micro-scale air pollution hotspot formations using the SCAQMD Local
Significant Threshold methodology.
• Discuss project consistency with the South Coast Air Basin Regional Air Quality Management Plan in
terms of land use planning consistency for the proposed site development.
• Identify applicable mitigation measures, including relevant transportation control measures (TCMs)
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.
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• 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 SCAQMD Regional and Local Significance Thresholds. Measures to
reduce dust generation 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.
Energy
The MND will include this new CEQA section and analyze and discuss the estimated energy consumed by the
project during both project construction and the life of the project. This section will also discuss how the
project will comply with Title 24 Energy Standards and CALGreen energy requirements.
Greenhouse Gas Assessment
Giroux & 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 La Mirada 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 Ca1EEMod computer
model GHG module.
• 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. The
geotechnical report will be summarized in the MND and the full geotechnical report included in the MND
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.
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Hazards and Hazardous Materials
A Phase I Environmental Site Assessment (ESA) will be provided by the project applicant to Phil Martin &
Associates. The Phase I ESA will be summarized in the MND and the full Phase I ESA included in the MND
appendix. Mitigation measures, based on the conclusions and recommendations in the Phase I ESA will be
incorporated into the MND 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. The hydrology report and SUSMP will be summarized in
the MND and the full reports included in the MND 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 Rosemead General Plan land use designation for the site is Commercial and the project applicant is
requesting a general plan amendment to Mixed-Use, Residential/Commercial (30 DU/AC). The project
applicant is also requesting a zone change from C-3 Medium Commercial to RC-MUDO (30 DU/AD; 3
stories). Of the 42 proposed condominium units, seven (7) of the units are proposed to be low income. As a
result,the project is requesting a thirty-five percent density bonus to allow the 42 units. The mixed-use building
is proposed to be four stories in height and greater than three stories that are allowed in the requested RC-
MUDO (30 DU/AD; 3 stories) zone. The project is requesting two concessions that would allow the four-
story building to exceed the three-story height limit and a reduction in the percentage of commercial use from
the required 33 percent to 27.8 percent.
The Land Use section will evaluate the compliance of the requested entitlements with the Rosemead General
Plan and the permitted uses, development standards and general requirements of section 17.28.030 of the
Rosemead Municipal Code for the RC-MUDO zone. The land use section will discuss the compatibility of the
project with the surrounding land uses with emphasis on the existing residences north and east of the site.
When required,measures will be recommended to reduce land use impacts to less 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 MND appendix.
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.
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• 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. 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
Ganddini Group will prepare a traffic report for the project as a sub-consultant to Phil Martin&Associates.
Phil Martin&Associates will summarize the traffic report in the MND and attach the complete report in the
MND appendix. The traffic report will include the following tasks:
1.1 Scoping Agreement
• Calculate the project trip generation based on trip generation rates from the Institute of Transportation
Engineers (ITE) Trip Generation Manual (10th Edition, 2017). Calculate applicable internal capture
and pass-by trip reductions as prescribed in the ITE Generation Handbook(3rd Edition,2017).
• Estimate the existing and net project site trip generation based on trip generation rates from the IL'.E
Trip Generation Manual, 10th Edition (2017).
• Develop preliminary trip distribution patterns for the existing and proposed land uses based on review
of available traffic volume data,roadway facilities,and surrounding land uses.
a Identify the proposed study intersection locations based on the draft trip generation and trip
distribution patterns. This scope of work assumes the study will require analysis of up to five (5) off-
site study intersections plus the project driveway. Should additional study locations be identified in the
scoping process,a contract amendment may be required.
• Prepare a scoping agreement for review/approval by City of Rosemead staff. The scoping agreement
shall outline the fundamental assumptions of the traffic impact analysis such as the proposed study
area, trip generation/distribution, analysis methodologies, background growth forecasts, and specific
requirements for the study.
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1.2 Data Collection
• Obtain intersection turning movement counts on a typical weekday (Tuesday, Wednesday, or
Thursday) during the AM and PM peak commute periods (7:00- 9:00 AM and 4:00- 6:00 PM) at the
existing study intersections.
1.3 Field Review
• Conduct a field review of the study area, including: (1) study intersection traffic control devices, (2)
study intersection lane configurations,and(3) study roadway segment through travel lanes.
• Conduct a field review of existing non-automobile transportation facilities serving the project site,
including pedestrian,bicycle,and transit facilities.
1.4 Traffic Volume Forecasts
• Research and obtain a list of other pending/approved development projects from the[JURISDICTION]
(and neighboringjuri.rdictions as necessary).
• Develop trip generation, distribution, and assignment forecasts for other development projects
(assumes other development list will not exceed 25 projects).
• Develop weekday AM/PM peak hour traffic volume forecasts for the following analysis scenarios:
o Existing Conditions
o Existing Plus Project
o Existing Plus Approved Projects
o Existing Plus Approved Projects Plus Project
o Cumulative No Project
o Cumulative Plus Project
• Traffic volume forecasts will be derived based on the buildup methodology by adding ambient growth,
other development trips,and project trips to existing traffic volumes.
1.5 Level of Service Analysis &Impact Assessment
• Coordinate with City staff to identify any funded roadway improvements expected to be completed by
the future analysis years.
• Analyze signalized study intersection operations for the above-specified analysis scenarios based on
the Intersection Capacity Utilization(ICU)methodology in accordance with parameters and guidelines
established by the City of Rosemead.
• Analyze unsignalized and State highway study intersection operations for the above-specified analysis
scenarios based on the Highway Capacity Manual (HCM) (6th Edition) delay methodology.
• Conduct peak hour evaluations of project entrances,including inbound and outbound queue stacking
requirements.
• Identify project-related transportation impacts based on the thresholds of significance established by
the City of Rosemead, California Department of Transportation and the County of Los Angeles
Congestion Management Program (CMP).
• Identify mitigation measures to reduce the identified significant traffic impacts,if necessary.
• Calculate the project's share of new traffic added to study intersections or roadway segments for which
mitigation measure improvements have been identified,if necessary.
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1.6 Qualitative Vehicle Miles Travelled (VMT)Assessment
The City of Rosemead must establish and implement VMT analysis procedures for new projects seeking
approval after July 1,2020. At this time,Ganddini Group proposes to prepare a qualitative assessment of VMT
impacts based on recommended screening criteria contained in the Technical Advisory on Evaluating
Transportation Impacts in CEQA (State of California, 2018) ["Technical Advisory'] as well as criteria being
implemented by other jurisdictions in the region and include:
• A narrative of Senate Bill 743 and guidance for assessing Vehicle Miles Travelled(VMT)impacts from
the State's Technical Advisory.
• An overview of VMT screening criteria currently being utilized by other jurisdictions in the region.
• In accordance with the State's Technical Advisory,provide a qualitative assessment of potential project
VMT impacts resulting from the project's residential, office, and commercial retail components. The
screening assessment shall take into account daily trip reductions associated with the mixed-use nature
of the proposed project.
Based upon preliminary review,the proposed project is not anticipated to exceed the recommended screening
criteria and quantitative VMT analysis is not anticipated to be required.
1.7 Technical Report
Prepare a traffic impact analysis report that incorporates the methodology, findings, and all supporting
calculations and assumptions. The final report will be signed and stamped by a Registered Traffic Engineer in
the State of California as necessary.
When required to comply with CEQA, mitigation measures will be recommended to reduce potential traffic
impacts to less than significant.
Tribal Cultural Resources
Shortly after the kick-off meeting,Phil Martin&Associates will prepare letters for consultation with the Native
American Tribes that are required to be notified of the project as required by AB 52 and SB 18. Phil Martin&
Associates will submit draft letters for review by the City and once reviewed by the City will be mailed to the
identified Tribes.
Wildfires
The MND will include this new CEQA section and analyze and discuss any potential wildfire impacts to the
project. Based on review of CAL FIRE's Very High Fire Hazard Severity Zones in Local Responsible Areas
for Los Angeles County there are no Very High Fire Hazard Severity Zones in the City. While the project
would not be impacted by wildfires,this section will provide information that supports that conclusion.
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. 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.
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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 MND 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.
d) 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 the MND. A master hard copy and a compact
disk of the MND will be provided to the City for its use.
e) 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 20-day MND public review period.
f) 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,including sub-consultants,has allocated a total of eight(8)
hours to respond to comments. Additional time for Phil Martin & Associates and/or sub-consultants to
respond to comments beyond eight 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.
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g) Attend Public Hearings
Phil Martin&Associates and sub-consultants have 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 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 MIND is adopted and the project 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 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 MND
once the Notice of Determination is filed with the Los Angeles County Clerk. If no legal challenges to the
adequacy of the MND are filed within this 30-day period the adoption is final.
i) Mitigation Monitoring and Reporting Plan
If required, Phil Martin & Associates will prepare a Mitigation Monitoring and Reporting Plan (MMRP) as
required by Public Resources Code Section 21081.6 for all measures that are recommended to mitigate
significant impacts. The Mitigation Monitoring and Reporting Plan will list all mitigation measures presented
in the MND 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. Staff
comments will be incorporated and five (5)hard copies submitted to the City.
11.Timeline:
The schedule for the preparation of a Mitigated Negative Declaration is presented below based on an
anticipated"start date"of March 30,2020.
1) Start Date-kick-off meeting—March 30,2020
2) Submit Screen Check Initial Study/Mitigated Negative Declaration to City—May 1,2020
3) Receive staff comments to Initial Study/Mitigated Negative Declaration—May 25,2020
4) Submit second Screen Check Initial Study/Mitigated Negative Declaration to City—May 28,2020
5) Receive staff comments to second Screen Check Initial Study/Mitigated Negative Declaration—June
11,2020
6) Mail Initial Study/Mitigated Negative Declaration—June 15,2020
7) Initial Study/Mitigated Negative Declaration public review period—June 16,2020—July 6,2020
8) Submit screen check Response to Comments to City—July 10,2020
9) Receive staff comments to screen check Response to Comments—July 15,2020
10) Mail Initial Study/Mitigated Negative Declaration Response to Comments and submit final Initial
Study/Mitigated Negative Declaration to City staff for its use—July 17,2020
11) Planning Commission/City Council hearings—July/August 2020
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12) File Notice of Determination with County Clerk—August 2020
12. Needed Information:
The following information will be required to begin preparation of the MND:
• Site plan—digital
• Phase I ESA- digital
• Geotechnical Report-digital
• Hydrology Report/SUSMP—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.
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EXHIBIT B
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 or
endorse 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. Consultant shall maintain commercial
general liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage. The policy
must include contractual liability that has not been amended. Any endorsement restricting
standard ISO "insured contract" language will not be accepted.
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 any
way 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-
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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 Million per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on 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 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
Named Insured. 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 (or
otherwise consistent with the insurer's endorsement). Consultant also
agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
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.
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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 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. A ten (10) day notice to City shall apply to
nonpayment of premiums. 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 (except Professional Liability and Workers' Compensation)
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
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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
self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to
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.
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.
Phil Martin &Associates, Inc.
Page 26 of 26
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.
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.
S E M
O '9
CIVIC PRIDE
'NCORPoRATE00
Attachment B
Proposal by Phil Martin & Associates, Inc.
1) •
Phil Marlin & Associafes, Inc.
February 25,2020
City of Rosemead
City Clerk's Office
Attn:Ericka Hernandez,City Clerk
8838 E.Valley Boulevard
Rosemead, CA 91770
RE: Request for Proposal No. 2020-01 — Garvey Walnut Grove Plaza Mixed Use Development -
Environmental Consulting Services to the Community Development Department
Dear Ms.Hernandez:
Phil Martin & Associates Inc. appreciates the opportunity to submit this proposal for the proposed
development of the Garvey Walnut Grove Plaza Mixed-Use Development project located at 8589 E. Garvey
Avenue and 3001 Walnut Grove Avenue.
Our proposal is in response to the City's Request for Proposal dated February 10, 2020 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 (MND) to
comply with CEQA.
1. Education,Experience, and Background in Environmental Consulting.
Phil Martin has been providing environmental consulting services for compliance with CEQA and the
National Environmental Policy Act (NEPA) since 1978. Mr. Martin formed Phil Martin & Associates in
1994 and incorporated as a California corporation in 2005.
Phil Martin & Associates provides environmental consulting services to the private sector as well as public
agencies for a wide range of projects. The types of environmental services provided include the preparation
of Initial Studies, Mitigated Negative Declarations, Environmental Assessments, Program EIRs, Project
EIRs, certified mailings, public hearing presentations, etc. Phil Martin & Associates Statement of
Qualifications that provides information on the types of projects that the company has prepared CEQA
documents for is included in Appendix A.
2. Qualifications of the Proposal Team.
As stated above, Phil Martin & Associates has been in business since 1994. The proposed team that Phil
Martin & Associates has assembled is highly qualified and experienced preparing CEQA documents for
similar mixed-use projects throughout southern California. Phil Martin & Associates and Giroux &
Associates have worked together on approximately eight (8) projects in Rosemead over the last ten years and
twenty (20) projects in other cities throughout southern California over the past fifteen (15) years. Phil
1809 E Dyer Road, Suite 301 • Santa Ana, CA 92705 • Phone 949-454-1800 • Fax 949-454-1801
Martin & Associates has worked with the Ganddini Group on approximately six (6) projects over the past
two years, including the current Marriott Dual Hotel in the City of Rosemead. Qualifications of Giroux &
Associates and the Ganddini Group are attached in Appendix B.
Mr. Martin will 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 City of
Rosemead with satisfactory results. It has been our experience the City of Rosemead has been satisfied with
our previous work.
The team members that will be involved with the project and their capacities include the following sub-
consultants:
a. Ganddini Group — traffic consultant — Giancarlo Ganddini will be the Principle-In-Charge and
Project Manager.
b. Giroux &Associates —air quality/greenhouse gas assessment, noise reports —Hans Giroux will be
the Principle-In-Charge and Project Manager.
3. Adequacy of the Consultant's Staff to Perform the Work.
As stated above,Phil Martin&Associates has complied a consulting team for this project that is proven and
has extensive experience preparing MNDs for similar mixed-use projects in Rosemead as well as other cities
in southern California. All of the consultants have sufficient staff with experience to complete the proposed
MND should any of the assigned principals or project managers become unavailable to perform their duties.
4. Outstanding Communication and Work Skills.
Phil Martin &Associates has a proven record of communication and skills working as a team with the City
during its previous participation in eight city projects. While most of the projects proceeded without any
controversy, for the few projects that did have some form of public controversy Phil Martin & Associates
worked closely with staff and provided information and support to move the projects through the approval
process.
5. Documentation of Errors and Omission Insurance and other Insurance.
Phil Martin & Associates carries $1 million professional liability insurance (E&O) and $1 million general
liability insurance and will carry any other applicable City required insurance.
6. Willingness to Participate in an Annual Cost-Effectiveness and Performance Evaluation.
Phil Martin &Associates is willing and welcomes participation in any City required performance evaluation,
either written or oral prior to contract initiation or renewal.
7. Documentation of Recent Projects.
The following projects represent the experience and skills of Phil Martin&Associates that are attributable to
the proposed mixed-use project.
a) Monterey Bay Square—Alhambra, CA
Phil Martin & Associates prepared a Mitigated Negative Declaration for the development of a
five-story, 119,370 square foot mixed-use building with 62 condominiums, 16,918 square feet of
restaurant space and 3,650 square feet of retail/service space on a 1.45 gross-acre site with an
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attached six-level aboveground parking structure. A single level of subterranean parking with
157 parking spaces for project residents only was proposed for the full length of the site and
extend underneath the full length of the mixed-use building and the parking structure.
Client Contact: Paul Lam
Assistant Planner
City of Alhambra
111 South First Street
Alhambra, CA 91801
(626) 570-5034
plama,citvofalhambra.org
Budget::$46,975
Beginning and Ending Date:November 2017 to February 20,2019—16 months
Summary of Products: Phil Martin & Associates prepared a Mitigated Negative Declaration,
prepared and filed all CEQA required public notices and attended public hearings to support the
MND.
b) El Monte Valley Plaza—El Monte, CA
Phil Martin & Associates prepared a Mitigated Negative Declaration for the development of a
vacant automobile dealership with a mixed-use project with two stand-alone four-story buildings
with 76 residential units and 31,240 square feet of retail space, that totals 104,480 square feet.
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. The project also includes one level of subterranean parking in
each building for some of the retail space employees and all of the project residents and guests.
The project proposed 311 parking spaces.
Client Contact: Betty Donavanik
Senior Planner
City of El Monte
11333 Valley Boulevard
El Monte, CA 91731
(626) 580-2056
b do navanik(&,elmonteca.gov
Budget:$59,200
Beginning and Ending Date:April 2015 to July 2016—15 months
Summary of Products: Phil Martin & Associates prepared a Mitigated Negative Declaration,
prepared and filed all CEQA required public notices and attended public hearings to support the
MND.
c) Garvey Earle Playa—Rosemead, CA
Phil Martin & Associates prepared a Mitigated Negative Declaration for the development of a
four-story,mixed-use development consisting of 7,520 square feet of retail/restaurant use on the
first floor and 35 residential units on the second through fourth floors on a 0.87-acre site. The
project included a density bonus application under Senate Bill (SB) 1818, which allows density
bonuses up to 35% for low-income housing. As a result, six (6) of the apartments will be
3
available for low-income households for a minimum of 55 years and 29 market rate apartments
for a total of 35 apartments.
Client Contact: Lily Valenzuela
Planning&Economic Development Manager
City of Rosemead
8838 E.Valley Boulevard
Rosemead,CA 91770
(626) 569-2142
ltrinh@cityofrosemead.org
Budget:$41,825
Beginning and Ending Date:November 2016 to March 2018—17 months
Summary of Products: Phil Martin & Associates prepared a Mitigated Negative Declaration,
prepared and filed all CEQA required public notices and attended public hearings to support the
MND.
8. Current and Accessible References.
The following references have direct experience working specifically with Phil Martin while the principal of
Phil Martin&Associates.
a. Ali Pezeshkpour
Senior Planner
City of Santa Ana
P.O.Box 1988
Santa Ana,CA 92702
(714) 647-5882
apezeshkpour@santa-ana.org
b. Kevin Canning
Contract Planner
Orange County Development Services
300 N Flower Street, 1st Floor
Santa Ana,CA 92702
(714) 667-8847
kevin.canning@ocpw.ocgov.com
c. Richard Ayala
Planner
City of Ontario
303 East B Street
Ontario CA 91764
(909) 395-2421
rayala@ci.ontario.ca.us
9. Falsification of Work Experience.
All projects and work products represented in this proposal have been prepared by Phil Martin of Phil Martin
&Associates and are accurate and true.
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10. Cost Breakdown.
Based on our understanding of the project and experience preparing Mitigated Negative Declarations for
mixed-use projects,Phil Martin&Associates propose to prepare a Mitigated Negative Declaration to comply
with CEQA for a cost of$52,800 as shown below.
Task Hourly Rate Cost
Kick-off Meeting—Phil Martin $175 $350
Initial Study/MND
Prepare Initial Study/MND—Phil Martin $175 $28,000
Traffic—Ganddini Group * $11,550
Air Quality/Greenhouse Gas Report—Giroux& * $3,350
Associates
Noise Report—Giroux&Associates * $3,100
Direct—printing,mailing, CDs $500
Final MND
Response to Comments:
Phil Martin&Associates-$700 $1,300
Giroux&Associates-$300
Ganddini Group-$300
Mitigation Monitoring and Reporting Program $175 $350
File CEQA notices—Notice of Intent to Adopt and
Notice of Determination $700
Public Hearings—1 Planning Commission and 1 City
Council—
Phil Martin&Associates-$1,400 $3,600
Giroux&Associates-$1,000
Ganddini Group- $1,200
Total $52,800
*fixed fee contract
A detailed description of our proposed scope of work is provided below.
a) Kick-off Meeting
Upon authorization to proceed and signature of a contract, Phil Martin will meet with City staff and the
project 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. Our traffic consultant, the
Ganddini Group,will discuss a traffic scope of work with the City's traffic engineer to ensure the traffic study
adequately addresses all City traffic and circulation issues associated with the project with special focus on a
Vehicles Miles Traveled (VMT) analysis.
b) Preparation of Mitigated Negative Declaration
Immediately after the kick-off meeting, Phil Martin &Associates will begin preparation of the MND. Phil
Martin & Associates will prepare the MND to comply with the 2020 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 either on or adjacent to
the site. Similarly, the State does not have any adopted scenic state highways adjacent to or within close
proximity to the site. The existing aesthetic characteristics of the site and surrounding land uses will be
described. This section will also discuss how the project design is sensitive to the adjacent residences to the
north and east in regards to massing. 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 project. A landscape plan,if available, showing the proposed plantings and hardscape materials of
the project will be included. This section will focus on and analyze the potential aesthetic impacts of the
project on the land uses adjacent to and surrounding the site based on the project's architecture, design, and
landscape plans with consistency with the Rosemead Municipal Code.
Aix Quality
Giroux&Associates will prepare an air quality analysis as a sub-consultant to Phil Martin&Associates. Phil
Martin & Associates will summarize the air quality analysis in the MND and attach the full report in the
MND appendix. The air quality report will include the following:
• 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 CaIEEMod computer model.
• Utili7e the CaIEEMod model to calculate regional emissions associated with project-generated traffic.
• Evaluate the potential for any micro-scale air pollution hotspot formations using the SCAQMD
Local Significant Threshold methodology.
• Discuss project consistency with the South Coast Air Basin Regional Air Quality Management Plan
in terms of land use planning consistency for the proposed site development.
• Identify applicable mitigation measures, including relevant transportation control measures (TCMs)
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 SCAQMD Regional and Local Significance
Thresholds. Measures to reduce dust generation 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
6
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.
Energy
The MND will include this new CEQA section and analyze and discuss the estimated energy consumed by
the project during both project construction and the life of the project. This section will also discuss how the
project will comply with Title 24 Energy Standards and CALGreen energy requirements.
Greenhouse Gas Assessment
Giroux & 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 La Mirada 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 Ca1F.EMod computer
model GHG module.
• 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. The
geotechnical report will be summarized in the MND and the full geotechnical report included in the MND
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.
Hazards and Hazardous Materials
A Phase I Environmental Site Assessment (ESA) will be provided by the project applicant to Phil Martin&
Associates. The Phase I ESA will be summarized in the MND and the full Phase I ESA included in the
MND appendix. Mitigation measures, based on the conclusions and recommendations in the Phase I ESA
will be incorporated into the MND 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. The hydrology report and SUSMP will be summarized
in the MND and the full reports included in the MND 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 Rosemead General Plan land use designation for the site is Commercial and the project applicant is
requesting a general plan amendment to Mixed-Use, Residential/Commercial (30 DU/AC). The project
applicant is also requesting a zone change from C-3 Medium Commercial to RC-MUDO (30 DU/AD; 3
stories). Of the 42 proposed condominium units, seven(7) of the units are proposed to be low income. As a
result, the project is requesting a thirty-five percent density bonus to allow the 42 units. The mixed-use
building is proposed to be four stories in height and greater than three stories that are allowed in the
requested RC-MUDO (30 DU/AD; 3 stories) zone. The project is requesting two concessions that would
allow the four-story building to exceed the three-story height limit and a reduction in the percentage of
commercial use from the required 33 percent to 27.8 percent.
The Land Use section will evaluate the compliance of the requested entitlements with the Rosemead General
Plan and the permitted uses, development standards and general requirements of section 17.28.030 of the
Rosemead Municipal Code for the RC-MUDO zone. The land use section will discuss the compatibility of
the project with the surrounding land uses with emphasis on the existing residences north and east of the site.
When required,measures will be recommended to reduce land use impacts to less 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 MND appendix.
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 CNFT 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. 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.
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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
Ganddini Group will prepare a traffic report for the project as a sub-consultant to Phil Martin&Associates.
Phil Martin&Associates will summarize the traffic report in the MND and attach the complete report in the
MND appendix. The traffic report will include the following tasks:
1.1 Scoping Agreement
• Calculate the project trip generation based on trip generation rates from the Institute of
Transportation Engineers (ITE) Trip Generation Manual (10th Edition, 2017). Calculate applicable
internal capture and pass-by trip reductions as prescribed in the ITE Generation Handbook (3rd
Edition,2017).
• Estimate the existing and net project site trip generation based on trip generation rates from the ITE
Trip Generation Manual, 10th Edition (2017).
• Develop preliminary trip distribution patterns for the existing and proposed land uses based on
review of available traffic volume data,roadway facilities,and surrounding land uses.
• Identify the proposed study intersection locations based on the draft trip generation and trip
distribution patterns. This scope of work assumes the study will require analysis of up to five(5) off-
site study intersections plus the project driveway. Should additional study locations be identified in
the scoping process,a contract amendment may be required.
• Prepare a scoping agreement for review/approval by City of Rosemead staff. The scoping agreement
shall outline the fundamental assumptions of the traffic impact analysis such as the proposed study
area, trip generation/distribution, analysis methodologies, background growth forecasts, and specific
requirements for the study.
1.2 Data Collection
• Obtain intersection turning movement counts on a typical weekday (Tuesday, Wednesday, or
Thursday) during the AM and PM peak commute periods (7:00 - 9:00 AM and 4:00-6:00 PM) at the
existing study intersections.
1.3 Field Review
• Conduct a field review of the study area, including: (1) study intersection traffic control devices, (2)
study intersection lane configurations,and(3) study roadway segment through travel lanes.
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• Conduct a field review of existing non-automobile transportation facilities serving the project site,
including pedestrian,bicycle,and transit facilities.
1.4 Traffic Volume Forecasts
• Research and obtain a list of other pending/approved development projects from the
[J U R IS D I CTI O N] (and neighboring jurisdictions as necessary).
• Develop trip generation, distribution, and assignment forecasts for other development projects
(assumes other development list will not exceed 25 projects).
• Develop weekday AM/PM peak hour traffic volume forecasts for the following analysis scenarios:
o Existing Conditions
o Existing Plus Project
o Existing Plus Approved Projects
o Existing Plus Approved Projects Plus Project
o Cumulative No Project
o Cumulative Plus Project
• Traffic volume forecasts will be derived based on the buildup methodology by adding ambient
growth,other development trips,and project trips to existing traffic volumes.
1.5 Level of Service Analysis &Impact Assessment
• Coordinate with City staff to identify any funded roadway improvements expected to be completed
by the future analysis years.
• Analyze signalized study intersection operations for the above-specified analysis scenarios based on
the Intersection Capacity Utilization (ICU) methodology in accordance with parameters and
guidelines established by the City of Rosemead.
• Analyze unsignalized and State highway study intersection operations for the above-specified analysis
scenarios based on the Highway Capacity Manual(HCM) (6th Edition) delay methodology.
• Conduct peak hour evaluations of project entrances,including inbound and outbound queue stacking
requirements.
• Identify project-related transportation impacts based on the thresholds of significance established by
the City of Rosemead, California Depad.iuent of Transportation and the County of Los Angeles
Congestion Management Program(CMP).
• Identify mitigation measures to reduce the identified significant traffic impacts,if necessary.
• Calculate the project's share of new traffic added to study intersections or roadway segments for
which mitigation measure improvements have been identified,if necessary.
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1.6 Qualitative Vehicle Miles Travelled(\TMT)Assessment
The City of Rosemead must establish and implement VMT analysis procedures for new projects seeking
approval after July 1, 2020. At this time, Ganddini Group proposes to prepare a qualitative assessment of
VMT impacts based on recommended screening criteria contained in the Technical Advisory on Evaluating
Transportation Impacts in CEQA (State of California, 2018) ["Technical Advisory"] as well as criteria being
implemented by other jurisdictions in the region and include:
• A narrative of Senate Bill 743 and guidance for assessing Vehicle Miles Travelled (VMT) impacts
from the State's Technical Advisory.
• An overview of VMT screening criteria currently being utilized by other jurisdictions in the region.
• In accordance with the State's Technical Advisory, provide a qualitative assessment of potential
project VMT impacts resulting from the project's residential, office, and commercial retail
components. The screening assessment shall take into account daily trip reductions associated with
the mixed-use nature of the proposed project.
Based upon preliminary review,the proposed project is not anticipated to exceed the recommended screening
criteria and quantitative VMT analysis is not anticipated to be required.
1.7 Technical Report
Prepare a traffic impact analysis report that incorporates the methodology, findings, and all supporting
calculations and assumptions. The final report will be signed and stamped by a Registered Traffic Engineer in
the State of California as necessary.
When required to comply with CEQA, mitigation measures will be recommended to reduce potential traffic
impacts to less than significant.
Tribal Cultural Resources
Shortly after the kick-off meeting, Phil Martin & Associates will prepare letters for consultation with the
Native American Tribes that are required to be notified of the project as required by AB 52 and SB 18. Phil
Martin & Associates will submit draft letters for review by the City and once reviewed by the City will be
mailed to the identified Tribes.
Wildfires
The MND will include this new CEQA section and analyze and discuss any potential wildfire impacts to the
project. Based on review of CAL FIRE's Very High Fire Hazard Severity Zones in Local Responsible Areas
for Los Angeles County there are no Very High Fire Hazard Severity Zones in the City. While the project
would not be impacted by wildfires,this section will provide information that supports that conclusion.
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. A map
11
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 MND 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. Staffs 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. Staffs final screen check comments will be incorporated and the
Mitigated 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 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 the MND. A master hard copy and a
compact disk of the MND will be provided to the City for its use.
e) 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 20-day MND public review period.
f) 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,including sub-consultants,has allocated a total of eight(8)
hours to respond to comments. Additional time for Phil Martin & Associates and/or sub-consultants to
respond to comments beyond eight 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.
g) Attend Public Hearings
Phil Martin&Associates and sub-consultants have 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.
12
h) 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 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 Depaiuuent of Fish and Wildlife fee at the time the NOD is
filed 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
MND once the Notice of Determination is filed with the Los Angeles County Clerk. If no legal challenges to
the adequacy of the MND are filed within this 30-day period the adoption is final.
i) Mitigation Monitoring and Reporting Plan
If required, Phil Martin & Associates will prepare a Mitigation Monitoring and Reporting Plan (MIVIRP) as
required by Public Resources Code Section 21081.6 for all measures that are recommended to mitigate
significant impacts. The Mitigation Monitoring and Reporting Plan will list all mitigation measures presented
in the MND 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. Staff comments will be incorporated and five(5)hard copies submitted to the City.
11.Timeline:
The schedule for the preparation of a Mitigated Negative Declaration is presented below based on an
anticipated"start date" of March 30,2020.
1) Start Date-kick-off meeting—March 30,2020
2) Submit Screen Check Initial Study/Mitigated Negative Declaration to City—May 1,2020
3) Receive staff comments to Initial Study/Mitigated Negative Declaration—May 25,2020
4) Submit second Screen Check Initial Study/Mitigated Negative Declaration to City—May 28,2020
5) Receive staff comments to second Screen Check Initial Study/Mitigated Negative Declaration—June
11,2020
6) Mail Initial Study/Mitigated Negative Declaration—June 15,2020
7) Initial Study/Mitigated Negative Declaration public review period—June 16,2020—July 6,2020
8) Submit screen check Response to Comments to City—July 10,2020
9) Receive staff comments to screen check Response to Comments—July 15,2020
10) Mail Initial Study/Mitigated Negative Declaration Response to Comments and submit final Initial
Study/Mitigated Negative Declaration to City staff for its use—July 17,2020
11) Planning Commission/City Council hearings—July/August 2020
12) File Notice of Determination with County Clerk—August 2020
12. Needed Information:
The following information will be required to begin preparation of the MND:
13
• Site plan—digital
• Phase I ESA-digital
• Geotechnical Report-digital
• Hydrology Report/SUSMP—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.
If you have questions about his proposal please contact me at 949-454-1800.
Sincerely,
Phil Martin
President
14
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Attachment C
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Attachment D
Mitigated Negative Declaration Bid
Comparison Chart
Environmental Impact
Mitigated Negative Declaration Report
UltraSystems Ecorp Consulting, Phil Martin& CSG Consultants,Inc. Stantec
Inc. Associates,Inc.
Kick-Off Meeting x $840 x $3,260 x $350 x $1,420 x $ 2,820
Public/Council/Commission Meeting(s) x $940 x $4,885 x $3,600 x $4,410 x
Peer Review(of Applicant provided
studies-Geology/Soils,
Hydrology/Drainage,Stormwater,and
Hazards and Hazardous Materials) x x x
Biological Resources x x x $1,060 x $ 9,060
Transportation x $7,780 x $10,738.20 x $11,550 x $12,050 x $ 16,620
Hydrology/water quality x $810
Geology/Soils x $560
Wildfire x x x $870 x
Aesthetics x $1,530 x x x $2,050 x
Health Risk Assessment x
Air Quality x $7,100 x x $3,350 x $5,550 x $ 18,100
,Greenhouse Gas Emissions x $9,980 x x $4,550 x
Noise x $6,060 x x $3,100 x $4,050 x $ 4,708
Energy x ' x $560 x
Land Use/Planning x x x $1,740 x
Tribal Cultural Resources x x x $590 x
Cultural Resources x $8,560 x x x $1,060 x $ 5,750
Recreation x x x $810 x
Utilities/Service Systems x x x $1,370 x
Population/Housing x x x $1,620 x
Mineral Resources x x x x
Public Services x x x $2,415 x
Agriculture/Forestry Resources x $3,430 x x x x
.
Mandatory Findings of Significance x x x x
Historical Building Memorandum x $4,830
Phase I Environmental x $4,220
Initial Study Preparation x $11,330 x $8,300 x $28,000 x $2,540 x $ 9,744
Project Description x $2,390 x x x x
Surrounding Land Use and Project Setting x x x x
Prepare Administrative Draft Initial
Study/MND x $6,870
Draft Initial Study/MND x $570 x $7,990 x x $3,300
,Final Initial Study/MND x x $4,340 x x $5,280
Mitigation Monitoring and Reporting $1,510
Program x x x $350 x x
Posting with County Clerk/State
$5,100
Clearinghouse x x x $700 x
Response to Comments x $2,940 x x $1,300 x x
Administrative Draft EIR x $ 60,414
Screencheck Draft EIR x $ 34,592
Final EIR x $ 24,620
CEQA Findings and Statement of
Overrinding Considerations x $ 7,604.00
Notice of Preparation x
Notice of Intent to Adopt a MND x x x x
Notice of Availability x
Notice of Completion x x
Notice of Determination x $470 x x x
Printing/Mailing/CDs x $310.24 x $500 x
Project Management x $3,370 x $8,780 x $ 32,328
Mileage,Delivery,Postage x $137.36
Environmental Impact Report
P3 Services Chambers Group PMA Rincon MIG GRC UltraSystems
Project Background/Orientation Meeting(s) x x x x x x x
Progress Meeting(s) x x x x x x
Scoping Meeting x x
Public/Council/Commission Meeting(s) x x x x x x x
Traffic Impact x x x x x x x
Aesthetics x x x x
Air Quality x x x x x x
Green House Gases x x x x x x
Geotechnical NL x x x x
Cultural Resources x x
Noise Impact x x x x x x
Hydrology/Water Quality NL x x x x
Recreation x
Public Services/Utilities x x x
Population x x
Environmental Site Assessments NL x x x x
Photometric x
Shade/Shadow x NL
Initial Study Preparation x x x x x x x
Project Description x x x x x
Revised Project Description x
Surrounding Land Use and Project Setting x x x x x x x
Required Agency Approvals x x x
Environmental Evaluation Discussion x x
Expanded Initial Study Preparation x
Revised Expanded Initial Study x
Screencheck Draft EIR x x
Draft Initial Study x x
Draft EIRx x
Environmental Analysis(Based on IS) x x
Project Alternatives x
Cumulative and Growth Inducin Effects x x
Information Sources x
Project Glossary x
Appendix x
Mitigation Monitoring Matrix x
Public Services and Utility Letters x
Executive Summary x x
Final EIR x
Final Initial Studyx x x x x x x
Mitigation Monitoring and Reporting Program x x x x x x
Posting with County Clerkx x x x x x
Statement of Findings and Overriding Considerations x x
Notice of Availability x _
Notice of Completion x
Notice of Determination x x
Notice of Public Hearing x
Notice of Preparation x x
Reimbursable Expenses x _
Additional fees required,but are not listed: NL