CC - Item 4C - Professional Service Agreement for Environmental Consulting Services - 7539 & 7545 Garvey Avenue+� ROSEMEAD CITY COUNCIL
STAFF REPORT
/RP�Ep
TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: GLORIA MOLLEDA, CITY MANAGER � ." .
DATE: SEPTEMBER 7, 2021
SUBJECT: PROFESSIONAL SERVICE AGREEMENT FOR ENVIRONMENTAL
CONSULTING SERVICES — 7539 & 7545 GARVEY AVENUE
�UMMARV
On July 19, 2021, the Community Development Department issued a Request for Proposal
("RFP") seeking qualified environmental consulting services to assist with the preparation of a
Mitigated Negative Declaration, as required by the California Environmental Quality Act
("CEQA"). The proposed project includes a Specific Plan Amendment to rezone two parcels
located at 7539 and 7545 Garvey Avenue and within the Garvey Avenue Specific Plan. Five
proposals were received, and staff is recommending that the City enter into a Professional Services
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.
DISCUSSION
The City has received entitlement applications from Del Mar Property LLC to rezone two parcels
located within the Garvey Avenue Specific Plan (project site shown on page 2). The applicant is
requesting to rezone both parcels from Garvey Specific Plan (GSP) to Garvey Specific Plan,
Incentivized Mixed -Use (GSP-MU) for the development of a residential/commercial mixed-use
project consisting of 75 residential apartment units and 6,346 square feet of commercial floor area.
AGENDA ITEM 4.0
City Council Meeting
September 7, 2021
Page 2 of 3
The RFP for environmental planning services was mailed to 16 qualified consulting firms and
opened up to any interested party on the City's website. The RFP requested consulting services to
prepare all of the appropriate CEQA documentation and studies.
Five firms submitted formal bid proposals: The Altum Group, Chambers Group, CASC
Engineering and Consulting, ECORP Consulting, Inc., and Phil Martin & Associates, Inc. A
comparison of the costs and services provided by each firm is outlined in Attachment "C". After
reviewing the proposals and discussing them with the applicant, the applicant selected Phil Martin
& Associates, Inc. as their experience in providing environmental services for a vast variety of
developments would be the most suitable for this project. Staff agrees with the selection of Phil
Martin & Associates, Inc. for the project. The total fee for the environmental services is $39,700.
Per the City's Purchasing Policy (Policy No. 20-01), contracts greater than $30,000 must always
be approved by the City Council.
Phil Martin & Associates, Inc. has been providing environmental services for compliance with the
CEQA and National Environmental Policy Act (NEPA) since 1978. 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 consulting 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.
STAFF RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. Authorize the City Manager to execute a contract agreement (including extensions) with
Phil Martin & Associates, Inc. to assist in the preparation of required CEQA studies.
2. Direct staff to obtain a deposit of $43,670 ($39,700 Cost + 10% City Fee) from the
developer to cover the full cost for contract services prior to authorizing the environmental
studies consultant to proceed.
FISCAL IMPACT
None, as the cost for the environmental consulting services will be paid by the applicant pursuant
to the City's adopted fee schedule.
City Council Meeting
September 7, 2021
Page 3 of 3
STRATEGIC PLAN IMPACT
The proposed CEQA analysis is required as part of the Planning discretionary review process.
Consideration of the proposed development is consistent with Strategy I: Economic Development,
"Aggressively pursue economic development to enhance local shopping and dining options,
encourage new high quality and affordable housing stock, and beautify commercial corridors."
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
A a
Lily Valenzuela, Planning and Economic Development Manager
Submitted by:
Angelica Frausto-Lupo, Director of Community Development
Attachment A: Draft Contract Agreement
Attachment B: Proposal by Phil Martin & Associates, Inc.
Attachment C: Environmental Consulting Services Comparison Chart
Attachment A
Draft Contract Agreement
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL SERVICES FOR THE PREPARATION OF A MITIGATED
NEGATIVE DECLARATION LOCATED AT 7539-7545 GARVEY AVENUE
PHIL MARTIN & ASSOCIATES, INC.
1. PARTIES AND DATE.
This Agreement is made and entered into this this 7t" Day of September, 2021
(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 a Specific Plan Amendment to rezone two parcels
located at 7539 and 7545 Garvey 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 as "Services". The
Services are more particularly described in Exhibit A attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with,
this Agreement, the exhibits attached hereto and incorporated herein by reference, and
all applicable local, state and federal laws, rules and regulations.
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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
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
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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
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
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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 Thirty -Nine Thousand, Seven Hundred Dollars ($39,700) and in accordance with
consultant's proposal dated July 14, 2021. 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.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
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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
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
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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: Lily Valenzuela, Planning & Economic Development Manager
Such notice shall be deemed made when personally delivered or when mailed, forty- eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property: This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited
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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
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
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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,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
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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.
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,
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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
Gloria Molleda, City Manager Date
Attest:
Ericka Hernandez, City Clerk Date
Approved as to Form:
PHIL MARTIN & ASSOCIATES, INC.
Name:
Title:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONTRACTOR REQUIRED]
Name:
Rachel Richman Date
City Attorney Title:
Phil Martin & Associates, Inc.
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EXHIBIT A
SCOPE OF SERVICES/ RATE SCHEDULE
SCOPE OF SERVICES
A detailed description of our project approach 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:
Aesthetics
Neither the City of Rosemead General Plan nor the Garvey Avenue Corridor Specific Plan EIR 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 complies with the Garvey Avenue Specific Plan Design and Development Standards and
is sensitive to the existing land uses adjacent to the site, including 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 surrounding the site based and compatibility with the Garvey Avenue Specific Plan
in terms of design, height, architecture, etc.
Air Quali
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 CalEEMod computer model.
Utilize the CalEEMod model to calculate regional emissions associated with project -generated traffic.
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• 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 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.
EnerQv
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 Tide 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 CalEEMod computer
model GHG module.
• Determine GHG impact significance after application of available mitigation measures.
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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 project proposes to change the zoning of two parcels located within the Garvey Avenue Specific Plan
from Garvey Specific Plan (GSP) to Garvey Specific Plan, Incentivized Mixed -Use (GSP-MU) to allow the
development of a seven -story, residential/commercial mixed-use development consisting of 75 residential
apartment units and 6,346 square feet of commercial use. The Land Use section will evaluate and compare
the development standards for the project site with the GSP zoning to the development standards of the
requested GSP-MU development standards and the consistency of the requested GSP-MU zone change
with the overall intent of the development anticipated for the site by the Garvey Specific Plan. The Land
Use section will also discuss the compatibility of the project with the surrounding properties for potential
land use impacts. The Garvey Avenue Corridor Specific Plan and Garvey Avenue Specific Plan EIR will
be referenced, as applicable, towards documenting the conclusion of the land use analysis.
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 focused traffic analysis for the project as a sub -consultant to Phil Martin &
Associates. Phil Martin & Associates will summarize the focused traffic analysis in the MND and attach
the complete analysis in the MND appendix. The focused traffic analysis will include the following tasks:
■ Calculate the proposed project trip generation based on trip generation rates from the ITE Trip
Generation Manual (10th Edition, 2017). Based on a preliminary review, the proposed project is
forecast to generate fewer than 50 peak hour trips and would typically be exempt from a detailed
Level of Service analysis.
■ To address the Specific Plan Amendment, coordinate with the consultant team to establish the
buildout potentials for residential and commercial uses within the project site under the current
Specific Plan zoning and the proposed re -zone and prepare a trip generation comparison between
each scenario based on trip generation rates from the Institute of Transportation Engineers (ITE)
Trip Generation Manual (10th Edition, 2017).
■ Assess whether the project would result in new significant transportation impacts and/or
mitigation measures beyond those identified in the Garvey Avenue Corridor Specific Plan Final
Environmental Impact Report Ganuary 2018).
■ Since the project will tier from a previously certified EIR, vehicle miles traveled (VMT) analysis is
not anticipated to be necessary; however, a VMT screening analysis may be performed in
accordance with the City of Rosemead VMT guidelines upon request. Based on preliminary
review, the project appears to satisfy the screening criteria for projects located in areas with low
Phil Martin & Associates, Inc.
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VMT.
■ Prepare a technical letter -report that incorporates the methodology, findings, and all supporting
calculations and assumptions. Review one compiled set of City of Rosemead comments and make
minor revisions, if necessary. The final report will be signed and stamped by a Professional
Engineer registered in the State of California.
When required to comply with CEQA, mitigation measures will be recommended to reduce potential traffic
impacts to less than significant to comply with CEQA.
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 to the City for review and once reviewed the letters will be mailed to the
known Tribes. If requested by the City, Phil Martin will assist with tribal consultation. The Tribal Cultural
Resources section will discuss any potential tribal cultural resources impacts by the project based on the tribal
consultation process.
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.
References, Persons and Agencies Contacted and MND Preparation
This section will list allreference 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 an electronic copy of a screen check 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 an electronic copy of a second screen Mitigated Negative Declaration will be submitted
to the City. Staff's final screen check comments will be incorporated and the Mitigated Negative
Declaration prepared for public circulation.
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d) Print and Mail MND
Phil Martin & Associates will mail twenty-one (21) 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 and private entities requesting a copy of 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 30 -day MND public review period. Phil Martin & Associates will also prepare the
necessary forms and submit the Mitigated Negative Declaration to the State Clearinghouse for a 30 -day
review.
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
four (4) 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.
An electronic copy of the Response to Comments will be submitted to the City for its review and comment.
Changes will be incorporated into the final Response to Comments document. Phil Martin & Associates
will mail the Response to Comments to the agencies and individuals that submitted 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.
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 Wildlife 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.
Phil Martin & Associates, Inc.
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i) Mitigation Monitoring and Reporting Plan
If required, Phil Martin & Associates will prepare a Mitigation Monitoring and Reporting Plan (1MMRP) 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.
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 $39,700 as shown below.
Task
Hourl`' Rate
Cost
Kick-off Meeting — Phil Martin
$175
$350
Initial Study/MND
Prepare Initial Study/MND — Phil Martin
$175
$22,400
Traffic — Ganddini Group
$4,000
Air Quality/Greenhouse Gas Report — Giroux &
Associates
$3,350
Noise Report — Giroux & Associates
$3,000
Direct — printing, mailing, CDs
$500
Final MND
Response to Comments:
Phil Martin & Associates - $700
Giroux & Associates - $300
Ganddini Group - $650
$1,650
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 - $1,050
Giroux & Associates - $1,000
Ganddini Group - $1,350
$3,400
Total
$39,700
TIMELINE
A detailed timeline for the preparation of a Mitigated Negative Declaration is presented below based on an
anticipated "start date" of September 8, 2021.
a) Start Date - kick-off meeting — September 8, 2021
b) Submit Screen Check Initial Study/Mitigated Negative Declaration to City — October 6, 2021
c) Receive staff comments to Initial Study/Mitigated Negative Declaration — October 27, 2021
d) Submit second Screen Check Initial Study/Mitigated Negative Declaration to City — November 4, 2021
e) Receive staff comments to second Screen Check Initial Study/Mitigated Negative Declaration —
November 15, 2021
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Mail Initial Study/Mitigated Negative Declaration — November 17, 2021
g) Initial Study/Mitigated Negative Declaration public review period — November 18, 2021 — December
17, 2021
h) Submit screen check Response to Comments to City — December 21, 2022
i) Receive staff comments to screen check Response to Comments — January 10, 2022
j) Mail Initial Study/Mitigated Negative Declaration Response to Comments and submit final Initial
Study/Mitigated Negative Declaration to City staff for its use —January 13, 2022
k) Planning Commission/City Council hearings —January/February 2022
1) File Notice of Determination with County Clerk — February 2022
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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 -
liability exclusion precluding coverage for claims or suits by one insured against another.
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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 V11.
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.
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.
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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
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
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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.
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
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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.
Attachment B
Proposal by Phil Martin & Associates, Inc.
MN
Phil Martin & Associates, Inc.
July 14, 2021
City of Rosemead
City Clerk's Office
Attn: Ericka Hernandez, City Clerk
8838 E. Valley Boulevard
Rosemead, CA 91770
RE: Request for Proposal No. 2021-06 — Prospect Villa 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 Prospect Villa Mixed -Use Development project located at 7539 and 7545 Garvey
Avenue.
Our proposal is in response to the City's Request for Proposal No. 2021-06 and dated July 1, 2021 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. Contact Information.
The requested contact information for Phil Martin & Associates is provided below. Phil Martin is the sole
contact person for the project.
Phil Martin
1809 E. Dyer Road, Suite 301
Santa Ana, CA 92705
Office — 949-454-1800
Fax — 949-454-1801
Cell — 949-637-4373
Email — 12martinp_12hilmartinassociates.com
2. Firm Profile.
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. Mr. Martin is the only employee of Phil Martin &
Associates. His hourly billing rate is $175.
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
1809 E Dver Road, Suite 301 ♦ Santa Ana, CA 92705 ♦ Phone 949-454-1800 ♦ Fax 949-454-1801
of Initial Studies, Mitigated Negative Declarations, Environmental Assessments, Program EIRs, Project
EIRs, certified mailings, public hearing presentations, etc.
Mr. Martin will serve as the Project Manager and the sole contact with the City throughout the project. Mr.
Martin has served as the Project Manager and 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 philosophy of Phil Martin & Associates is to provide clients with an excellent service
that meets their needs at a reasonable cost.. Phil Martin & Associates has the capabilities to prepare the
CEQA required document for this project.
3. Relevant Experience and Skills.
The following projects represent prior experience and skills within the past five years of Phil Martin &
Associates that are attributable to the proposed mixed-use project.
a) Garvey Walnut Grove Plaza Mixed -Use Project — Rosemead, CA
Phil Martin & Associates prepared a Mitigated Negative Declaration for the development of a four—story
mixed-use development with 17,374 square feet of retail/sales/service and a community hall on the first
and second floors and 42 condominiums on the second through fourth floors on a 1.06 gross acre site.
The existing 15,585 square foot Taiwan Center building, 2,292 square foot office building, and a duplex
and a single-family detached residence and three -car garage will be demolished. The project includes a
density bonus application under Senate Bill (SB) 1818 that allows density bonuses up to 35% for lower-
income housing. As a result, seven (7) of the units will be available for low-income households for a
minimum of 55 years and 35 market rate units for a total of 42 condominiums. The project proposes 204
parking spaces, including 45 spaces for the ground floor, 62 parking spaces for the mezzanine level and
97 parking spaces for the subterranean level. The overall height of the building, which includes the
elevator shaft, is 75'-2". There is one point of vehicular access to the site from Walnut Grove Avenue.
City Contact: Annie Lao
Associate Planner
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
(626) 569-2144
alao@cityofrosemead.org
Budget: $52,800
Beginning and Ending Date: March 24, 2020 to July 13, 2021 —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) 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 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
plam@cityofalhambra.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.
c) Garvey Earle Plaza — 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 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.
d) 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
bdonavanik@ehnonteca.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.
4. Project Approach
A detailed description of our project approach 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 (VMI) 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 2021 CEQA Guidelines, as amended. The
MND will include the following tasks:
Aesthetics
Neither the City of Rosemead General Plan nor the Garvey Avenue Corridor Specific Plan EIR 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
complies with the Garvey Avenue Specific Plan Design and Development Standards and is sensitive to the
existing land uses adjacent to the site, including 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 surrounding the site based and compatibility with the Garvey Avenue Specific Plan in
terms of design, height, architecture, etc.
Air QuaUjy
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 CalEEMod computer model.
• Utilize 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
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.
EnerQv
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 CalEEMod computer
model GHG module.
• Determine GHG impact significance after application of available mitigation measures.
Geoloev 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 geotechnical or soil
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 a Low Impact Development (LID) report will be provided by the
project applicant to Phil Martin & Associates. The hydrology report and the LID 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 project proposes to change the zoning of two parcels located within the Garvey Avenue Specific Plan
from Garvey Specific Plan (GSP) to Garvey Specific Plan, Incentivized Mixed -Use (GSP-MU) to allow the
development of a seven -story, residential/commercial mixed-use development consisting of 75 residential
apartment units and 6,346 square feet of commercial use. The Land Use section will evaluate and compare
the development standards for the project site with the GSP zoning to the development standards of the
requested GSP-MU development standards and the consistency of the requested GSP-MU zone change with
the overall intent of the development anticipated for the site by the Garvey Specific Plan. The Land Use
section will also discuss the compatibility of the project with the surrounding properties for potential land use
impacts. The Garvey Avenue Corridor Specific Plan and Garvey Avenue Specific Plan EIR will be
referenced, as applicable, towards documenting the conclusion of the land use analysis.
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.
• 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 focused traffic analysis for the project as a sub -consultant to Phil Martin &
Associates. Phil Martin & Associates will summarize the focused traffic analysis in the MND and attach the
complete analysis in the MND appendix. The focused traffic analysis will include the following tasks:
■ Calculate the proposed project trip generation based on trip generation rates from the ITE Trip
Generation Manual (10th Edition, 2017). Based on a preliminary review, the proposed project is
forecast to generate fewer than 50 peak hour trips and would typically be exempt from a detailed
Level of Service analysis.
■ To address the Specific Plan Amendment, coordinate with the consultant team to establish the
buildout potentials for residential and commercial uses within the project site under the current
Specific Plan zoning and the proposed re -zone and prepare a trip generation comparison between
each scenario based on trip generation rates from the Institute of Transportation Engineers (ITE)
Trip Generation Manual (10th Edition, 2017).
■ Assess whether the project would result in new significant transportation impacts and/or mitigation
measures beyond those identified in the Garvey Avenue Corridor Specific Plan Final Environmental
Impact Report Qanuary 2018).
■ Since the project will tier from a previously certified EIR, vehicle miles traveled (VMT) analysis is not
anticipated to be necessary; however, a VMT screening analysis may be performed in accordance
with the City of Rosemead VMT guidelines upon request. Based on preliminary review, the project
appears to satisfy the screening criteria for projects located in areas with low VMT.
■ Prepare a technical letter -report that incorporates the methodology, findings, and all supporting
calculations and assumptions. Review one compiled set of City of Rosemead comments and make
minor revisions, if necessary. The final report will be signed and stamped by a Professional Engineer
registered in the State of California.
When required to comply with CEQA, mitigation measures will be recommended to reduce potential traffic
impacts to less than significant to comply with CEQA.
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 to the City for review and once reviewed the letters will be
mailed to the known Tribes. If requested by the City, Phil Martin will assist with tribal consultation. The
Tribal Cultural Resources section will discuss any potential tribal cultural resources impacts by the project
based on the tribal consultation process.
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.
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 an electronic copy of a screen check 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 an electronic copy of a second screen Mitigated Negative Declaration will be submitted to the
City. Staff's final screen check comments will be incorporated and the Mitigated Negative Declaration
prepared for public circulation.
d) Mail MND
Phil Martin & Associates will mail twenty-one (21) 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 and private entities requesting a copy of 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 30 -day MND public review period. Phil Martin & Associates will also prepare the
necessary forms and submit the Mitigated Negative Declaration to the State Clearinghouse for a 30 -day
review.
0 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 four (4)
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.
An electronic copy of the Response to Comments will be submitted to the City for its review and comment.
Changes will be incorporated into the final Response to Comments document. Phil Martin & Associates will
mail the Response to Comments to the agencies and individuals that submitted 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.
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 Wildlife 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.
5. Project Team.
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 ten (10) projects in Rosemead over the last twelve years and twenty-five (25) projects in other
cities throughout southern California over the past seventeen (17) years. Phil Martin & Associates has
worked with the Ganddini Group on approximately ten (10) projects over the past four years, including the
recently approved Garvey Walnut Grove Plaza Mixed -Use project in the City of Rosemead.
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.
The team members that will be involved with the project and their capacities include the following sub -
consultants:
Ganddini Group — traffic consultant — Giancarlo Ganddini will be the Principle -In -Charge and
Project Manager.
Giroux & Associates — air quality/greenhouse gas assessment, noise reports — Hans Giroux will be
the Principle -In -Charge and Project Manager.
6. Resumes of Key Project Personnel.
The resume and Statement of Qualifications of Phil Martin are included in Appendix A. The qualifications of
Giroux & Associates and the Ganddini Group are attached in Appendix B.
7. Documentation of Recent Projects.
A detailed description of recent similar projects is provided in Section 3 above.
8. Current and Accessible References.
The following references have direct experience working specifically with Phil Martin while the principal of
Phil Martin & Associates.
a) Carmen Morales
City Planner
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7723
cmorales@bcllgardens.org
10
b) Kevin Canning
Contract Planner
Orange County Development Services
300 N Flower Street, 1,,,t Floor
Santa Ana, CA 92702
(714) 667-8847
kevin.canning@ocpw.ocgov.com
c) Matt Jenkins
Senior Planner
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
(714) 593-4427
matt,jenldns@fountainvaUey.org
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.
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 $39,700 as shown below.
Task
Hourly Rate
Cosi
Kick-off Meeting -Phil Martin
$175
$350
Initial Study/MND
Prepare Initial Study/MND — Phil Martin
$175
$22,400
Traffic — Ganddini Group
$4,000
Air Quality/ Greenhouse Gas Report — Giroux &
$3,350
Associates
Noise Report — Giroux & Associates
$3,000
Direct — printing, mailing, CDs
$500
Final MND
Response to Comments:
Phil Martin & Associates - $700
$1,650
Giroux & Associates - $300
Ganddini Group - $650
Mitigation Monitoring and Reporting Program
$175
$350
File CEQA notices — Notice of Intent to Adopt and
$700
Notice of Determination
Public Hearings — 1 Planning Commission and 1 City
Council —
Phil Martin & Associates - $1,050
$3,400
Giroux & Associates - $1,000
Ganddini Group - $1,350
Total
$39,700
11. Timeline.
A detailed timeline for the preparation of a Mitigated Negative Declaration is presented below based on an
anticipated "start date" of August 2, 2021.
a. Start Date - kick-off meeting — August 2, 2021
b. Submit Screen Check Initial Study/Mitigated Negative Declaration to City — September 2, 2021
c. Receive staff comments to Initial Study/Mitigated Negative Declaration — September 23, 2021
d. Submit second Screen Check Initial Study/Mitigated Negative Declaration to City — October 1, 2021
e. Receive staff comments to second Screen Check Initial Study/Mitigated Negative Declaration —
October 12, 2021
f. Mail Initial Study/Mitigated Negative Declaration — October 15, 2021
g. Initial Study/Mitigated Negative Declaration public review period — October 18, 2021 — November
16, 2021
h. Submit screen check Response to Comments to City — November 22, 2021
i. Receive staff comments to screen check Response to Comments — November 30, 2021
j. Mail Initial Study/Mitigated Negative Declaration Response to Comments and submit final Initial
Study/Mitigated Negative Declaration to City staff for its use — December 3, 2021
k. Planning Commission/City Council hearings — December 2020/January 2022
1. File Notice of Determination with County Clerk — January 2022
12. Needed Information.
The following information will be required to begin preparation of the MND:
a) Site plan — digital
b) Phase I ESA - digital
c) Geotechnical Report - digital
d) Hydrology Report/LID — digital
e) Landscape plan — digital
f) Project construction start date and project completion/ opening date
g) Building elevations — digital
h) Grading plan, 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,
1� 1 N�41
Phil Martin
President
12
APPENDIX A
Phil Martin & Associates
Statement of Qualifications
PhMN
il Martin & Associafes, Inc.
PHIL MARTIN & ASSOCIATES, INC.
Phil Martin has been providing environmental consulting services for compliance with the California
Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) since 1978.
Mr. Martin 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 also prepare the following support documents for certification of CEQA documents:
Mitigation Monitoring Programs; Statement of Facts, Findings and Overriding Considerations;
Resolutions.
Phil Martin & Associates has prepared environmental documents for a wide variety of projects in
many real estate development categories. A sample of some of the projects successfully completed
are listed below:
City On -Call Environmental Services:
➢ City of Monrovia
➢ City of Santa Ana
➢ City of Chino
➢ City of Commerce
Private Development:
Automobile Dealerships
➢ New Century BMW Expansion — City of Alhambra — Mitigated Negative Declaration
Big Box Retail
➢ SAMS Club - City of Fountain Valley - Project EIR
➢ Home Depot — City of Fountain Valley — Mitigated Negative Declaration
➢ Costco — City of Fountain Valley Expansion and Add Fuel Pumps— Mitigated Negative
Declaration
➢ Wal-Mart Store - Community Development Commission of National City — Project EIR
1809 E Dver Road, Suite 301 ♦ Santa Ana, CA 92705 ♦ Phone 949454-1800 ♦ Fax 949-454-1801
➢ Clovis -Herndon Shopping Center (Wal-Mart Supercenter) — City of Clovis — Final EIR
➢ Blueberry Crossing/Walmart Super Center — City of Livingston — Project EIR
➢ Moreno Beach Marketplace (Lowe's Warehouse) — City of Moreno Valley — Mitigated Negative
Declaration
Car Washes
➢ Shell Car Wash, Gas Station, and Convenience Store - City of Santa Ana - Project Approval
including General Plan Amendment, Zone Change, and Conditional Use Permit.
➢ Greenstreet Auto Spa and Retail — City of Mission Viejo — Mitigated Negative Declaration
➢ Euclid Avenue Car Wash — City of Fullerton — Mitigated Negative Declaration
Commercial/ Office
➢ Office Building — City of Alhambra — Mitigated Negative Declaration
➢ New Medical Office — City of Alhambra — Mitigated Negative Declaration
➢ Arena Corporate Center - City of Anaheim — Project EIR
Condominiums/Townhomes/Apartments
➢ The Olson Company - Townhomes — City of La Mirada — Mitigated Negative Declaration
➢ Warming Homes - Condominiums — City of La Mirada — Mitigated Negative Declaration
➢ Legacy Sunflower Apartments — City of Santa Ana — Mitigated Negative Declaration
➢ Tiny Tim Plaza — Low Income Housing — City of Santa Ana — Mitigated Negative Declaration
➢ Bridging the Aqua — Supporting Housing — City of Santa Ana — Negative Declaration
➢ 8000 Bell Gardens Avenue Townhomes — City of Bell Gardens — Mitigated Negative
Declaration
➢ Gladstone Senior Apartments — City of Azusa — Mitigated Negative Declaration
➢ La Mirada Apartments — City of La Mirada — Mitigated Negative Declaration
➢ The Olson Company First Street Townhomes — City of Santa Ana — Mitigated Negative
Declaration
➢ Pacific Villa Alhambra 79 Condominiums — City of Alhambra — Mitigated Negative Declaration
➢ La Mirada Apartments — City of La Mirada — Mitigated Negative Declaration
➢ Los Coyotes Country Club - 125 Townhomes — City of Buena Park — Project EIR
➢ Villa Venetia Apartment Rehabilitation — Marina del Rey, Los Angeles County — Mitigated
Negative Declaration
➢ Boulder Hills Townhome Development — County of Riverside — Mitigated Negative Declaration
➢ North Point Apartment Complex - City of Mission Viejo — Mitigated Negative Declaration
➢ Bay Canyon Condominiums - Community Development Commission of National City -
Mitigated Negative Declaration
➢ The Lakes Condominium Project - City of Costa Mesa — Project EIR
Hazardous Waste Projects:
➢ Delta Cove Residential Project - City of Antioch — Project EIR
➢ Delta Dunes Residential Project - City of Antioch — Project EIR
Horse Race Track
➢ Pomona Fairplex Horse Race Track — City of Pomona — Mitigated Negative Declaration
Hotels
Marriott Residence Inn and Courtyard Hotels — City of Rosemead — Mitigated Negative
Declaration
Hampton Inn — City of Rosemead — Mitigated Negative Declaration
➢ Bicycle Casino Hotel — City of Bell Gardens — Mitigated Negative Declaration
Hampton Inn — City of Mission Viejo — Mitigated Negative Declaration
➢ Rosemead Development Complex: Two Hotels — City of Rosemead — Project EIR
Sheraton Hotel - City of Santa Ana — Project EIR
➢ Double Tree Hotel Expansion - City of Rosemead — Mitigated Negative Declaration
Bicycle Club Expansion - Convention Center — City of Bell Gardens — MND
Industrial/Manufacturing
➢ Impex Industrial Expansion — City of Pomona — Mitigated Negative Declaration
Star Milling Expansion — County of Riverside — Special Studies (Air Quality, Noise, Biology,
Cultural Resources, Phase I ESA)
Warehouse Expansion — City of Montclair — Mitigated Negative Declaration
West Ontario Commerce Center Specific Plan — City of Ontario - EIR
JFC International Industrial Project — City of Commerce — Mitigated Negative Declaration
➢ Todd Avenue Industrial Project — City of Azusa — Mitigated Negative Declaration
➢ Four Light Industrial Office Buildings — City of Fountain Valley — Mitigated Negative
Declaration
61" Street Manufacturing/Warehouse — City of Commerce — Mitigated Negative Declaration
➢ Mace Metals Warehouse — City of Commerce — Mitigated Negative Declaration
➢ Fox Luggage Warehouse Distribution Facility — City of Commerce — Mitigated Negative
Declaration
➢ MSI Manufacturing — City of National City — Negative Declaration
IDS Manufacturing — City of National City — Mitigated Negative Declaration
Yakult Manufacturing — City of Fountain Valley — Mitigated Negative Declaration
Landfills
Comstock Realty - Commerce Municipal Landfill Remedial Action Plan (RAP) — Los Angeles
Regional Water Quality Control Board — Mitigated Negative Declaration
➢ County of San Bernardino Closed Municipal Landfill — Remedial Action Plan (RAP) for
Residential Development — Mitigated Negative Declaration
Manufacturing
Star Milling Animal Feed Manufacturing and Warehouse Facility — County of Riverside -
Mitigated Negative Declaration
Mixed Use Development
➢ Walnut Grove Mixed Use — City of Rosemead — Mitigated Negative Declaration
➢ Valley Boulevard — City of El Monte — Mixed Use Project — Mitigated Negative Declaration
➢ The Barn - Retail and Apartments — City of Anaheim — Categorical Exemption
➢ Monterey Square Plaza Mixed Use — City of Alhambra — Mitigated Negative Declaration
➢ Valley Boulevard New Earle — City of Rosemead — Mitigated Negative Declaration
➢ Hawaii Plaza — City of San Gabriel — Mitigated Negative Declaration
➢ Valley Plaza — City of El Monte — Mixed Use Project — Mitigated Negative Declaration
➢ Garden Plaza — City of Rosemead — Mixed Use Project — Mitigated Negative Declaration
➢ Garvey/Del Mar Plaza Mixed Use — City of Rosemead — Mitigated Negative Declaration
➢ Rosemead Mixed Use — City of Rosemead — Mitigated Negative Declaration
➢ Providence Center Mixed Use — City of Fullerton, Mitigated Negative Declaration
Electrical Power Pole Replacement
➢ Power Pole Replacement Project - Bear Valley Electric Service — Categorical Exemption
➢ Power Pole Replacement Project — Bear Valley Electric Service — Categorical Exclusion - NEPA
Religious Facilities
➢ Buddhist Temple — City of Rosemead — Mitigated Negative Declaration
Residential Development
➢ Starfish Residential Project — City of Fountain Valley — Mitigated Negative Declaration
➢ Valley Boulevard Residential Project — City of El Monte — Mitigated Negative Declaration
➢ Tentative Tract No. 37803 — City of Perris — Mitigated Negative Declaration
➢ Tentative Tract No. 82127 — City of La Mirada — Mitigated Negative Declaration
➢ Villa Serena — City of Fountain Valley — Mitigated Negative Declaration
➢ Sycamore Estates — City of San Dimas — Mitigated Negative Declaration
➢ East Cypress Corridor Specific Plan, US Army Corps of Engineers, 6 Miles of 300 -year. Levee
Construction, 404 Permit — NEPA
➢ Via Terracoleta Six Custom Home Lots, Coto de Caza — County of Orange — EIR
➢ Pacific Villa Residential Project — City of Alhambra — Mitigated Negative Declaration
➢ Olympic Station Residential Project — City of Hayward — Mitigated Negative Declaration
➢ Olson Company Residential Development — City of Huntington Beach — Categorical Exemption
➢ Olson Company Residential Development — City of La Mirada — Mitigated Negative Declaration
➢ City Ventures - Residential Development — City of San Dimas — Mitigated Negative Declaration
➢ Olson Company — Residential Development — City of San Dimas — Mitigated Negative
Declaration
➢ Big Canyon Residential Lot Grading — City of Newport Beach — Mitigated Negative Declaration
➢ Nieblas School Site Tentative Tract 16929 — City of Fountain Valley — Mitigated Negative
Declaration
➢ Ter Maaten Tentative Tract No. 34201- County of Riverside — Project EIR
➢ Mission Peak/Fallon Crossing — City of Dublin — Mitigated Negative Declaration
➢ Pacific View Estates Residential Project — City of National City — Mitigated Negative
Declaration
Restaurants/ Coffee Shop
➢ Starbucks — City of Santa Ana — Negative Declaration
➢ Trophy Lounge Restaurant — City of National City — Mitigated Negative Declaration
➢ Commerce — Two Fast Food Restaurants — City of Commerce - Mitigated Negative Declaration
➢ Carl's Jr. Restaurant — City of Fountain Valley — Mitigated Negative Declaration
Self -Storage
➢ 225 RV Space Storage Facility — County of Riverside — Mitigated Negative Declaration
➢ 644 Unit Self -Storage Facility — City of Fountain Valley — Mitigated Negative Declaration
Senior Care Facilities
➢ Fountain Valley Senior Center — City of Fountain Valley — Mitigated Negative Declaration
➢ Heritage Villas Senior Housing Project — City of Mission Viejo — Negative Declaration
➢ Heritage Villas Senior Housing Project — City of Mission Viejo — HUD Environmental
Assessment
➢ Los Angeles Community Design Center Senior Affordable Housing — City of Bell Gardens —
Mitigated Negative Declaration
Shopping Centers
➢ Commonwealth Plaza — City of Alhambra — Mitigated Negative Declaration
➢ Garvey Avenue Marketplace Shopping Center — City of Rosemead — Mitigated Negative
Declaration
➢ Garvey Marketplace Retail Center — City of Rosemead — Mitigated Negative Declaration
➢ Home Place Shopping Center - City of Santa Ana — Project EIR
i Lynwood Gateway Retail Center — City of Lynwood — Project EIR
i Newhope Design Center — City of Fountain Valley — Mitigated Negative Declaration
Specific Plans
➢ West Ontario Commerce Center — City of Ontario - EIR
➢ Armstrong Ranch Specific Plan - City of Ontario — EIR
➢ Fountain Valley Civic Center — City of Fountain Valley — Specific Plan EIR
➢ Ritz Carlton Specific Plan - City of Rancho Mirage — Project EIR
➢ East Cypress Corridor 2,500 acre Specific Plan and Annexation — City of Oakley — EIR
➢ Southeast Area Specific Plan - American Canyon — Project EIR
➢ Morrell Family Trust Specific Plan - Riverside County — Project EIR
➢ Woodcrest Specific Plan - Riverside County — Specific Plan EIR
➢ Wood Ranch Specific Plan - City of Simi Valley - Specific Plan EIR
➢ Sakioka Farms Specific Plan - City of Costa Mesa — Specific Plan EIR
i Las Virgenes Ranch - Los Angeles County — Specific Plan EIR
➢ National City Downtown Specific Plan — Community Development Commission of National
City — Program EIR
Sports Facilities
➢ Colton Sports Park — City of Colton — Mitigated Negative Declaration
➢ Vigilantes Semi -Professional Baseball Team Stadium - Saddleback College - City of Mission
Viejo — Mitigated Negative Declaration
i Elsinore Sports Facility — City of Lake Elsinore — Mitigated Negative Declaration
Technology Park
➢ City of Clovis Technology Park Expansion — City of Clovis — Program EIR
Public Pro 'ects:
City Facilities
➢ City of Calimesa — realignment and infill of Calimesa creek — Mitigated Negative Declaration and
Environmental Assessment/Finding of No Significant Impact.
i Orange Grove Park Restoration and new Community Center — S. Pasadena — Mitigated
Negative Declaration
Parks
➢ Newcastle Park — City of Arcadia — Categorical Exemption
➢ Mission Viejo Lower Curtis Park — Dirt Import — City of Mission Viejo - Mitigated Negative
Declaration
➢ McFadden Park Upgrades and Improvements — City of Santa Ana — Categorical Exemption
➢ 17th Street Park Improvements — City of Santa Ana — Categorical Exemption
➢ Mission Viejo Dog Park — City of Mission Viejo — Mitigated Negative Declaration
➢ Hunt Park — City of Riverside — Mitigated Negative Declaration
Public Utilities
➢ Calimesa Creek Improvements — City of Calimesa — NEPA — FONSI and Mitigated Negative
Declaration
➢ Wastewater Treatment Plant Expansion — City of Colton — Mitigated Negative Declaration
➢ Water Service Agreement - City of American Canyon - Mitigated Negative Declaration
➢ Point Vicente Interpretive Center - City of Rancho Palos Verdes - Mitigated Negative
Declaration
Wastewater Service Agreement -City of American Canyon - Negative Declaration
➢ Five Water Tanks — City of American Canyon — Mitigated Negative Declaration
➢ Construction of Two 10 Million Gallon Water Tanks - Santa Margarita Water District -
Mitigated Negative Declaration
➢ Retention Basin — City of Redlands — Mitigated Negative Declaration
i 24 -inch Water Transmission Line through Trabuco Creek, Orange County - Santa Margarita
Water District - Mitigated Negative Declaration
Schools
➢ Manteca Unified School District - California Department of Education, School Facilities
Construction Checklist
➢ El Monte City School District — School Closings - Categorical Exemption
➢ Private School/Housing — City of Huntington Park — Mitigated Negative Declaration
➢ Durfee Elementary School — El Monte City School District — Negative Declaration
Street Improvement Projects
➢ Lakewood Boulevard Street Improvements — City of Downey - Addendum
➢ Telegraph Road/Lakewood Boulevard/Rosemead Boulevard Intersection Improvements — City
of Downey — Mitigated Negative Declaration
i Paramount Boulevard Street Improvements — City of Downey — Categorical Exemption
➢ Euclid Street/Slater Avenue Street Improvements — City of Fountain Valley — Project EIR
Housing Element
➢ Housing Element Update —City of Mission Viejo —program EIR Addendum
Redevelopment Plans - Program EIRs and Negative Declarations:
➢ Redevelopment Plan Amendment — City of Bell Gardens — Program EIR
➢ Community Development Commission of National City - Redevelopment Plan — Mitigated
Negative Declaration
➢ Community Development Commission of National City - Amendment to Extend the Authority
to Use Eminent Domain — Mitigated Negative Declaration
➢ Chula Vista Redevelopment Agency— Redevelopment Plan Amendment and Merger - Program
EIR
Oakley Redevelopment Agency — Redevelopment Plan Amendment - Program EIR
San Bernardino Economic Development Agency — 40`h Street Redevelopment Plan — Program
EIR
Community Redevelopment Agency of the City of Palm Springs — Redevelopment Plan
Amendment for 9 Project Areas to Extend the Authority to Use Eminent Domain - Negative
Declaration
Coronado Redevelopment Agency - Redevelopment Plan Amendment - Program EIR
➢ Mission Viejo Redevelopment Agency - Redevelopment Plan Adoption - Program EIR
➢ Santa Ana Redevelopment Agency - Harbor Boulevard Redevelopment Plan Amendment -
Program EIR
➢ Santa Ana Redevelopment Agency - South Main Street Redevelopment Plan Amendment -
Program EIR
➢ Santa Ana Redevelopment Agency - North Harbor, Inter -City, Central City Redevelopment Plan
Amendments - Program EIR
Garden Grove Redevelopment Agency - Redevelopment Plan Merger Program - EIR
➢ Big Bear Improvement Agency - Redevelopment Plan Merger - Program EIR
San Marcos Redevelopment Agency - Redevelopment Plan Amendment - Program EIR
➢ Palm Desert Redevelopment Agency - Redevelopment Plan Adoption - Program EIR
➢ La Quinta Redevelopment Agency - Redevelopment Plan Amendment - Program EIR
Community Development Commission of National City - Redevelopment Plan Amendment -
Program EIR
Santa Ana Fashion Square (Main Place) - Redevelopment Project - Program EIR
El Monte Redevelopment Agency — Redevelopment Plan Amendment - Program EIR
➢ Community Development Commission of National City — Redevelopment Plan Amendment to
Extend Authority to Use Eminent Domain - Negative Declaration
Community Development Commission of National City — Redevelopment Plan for Harbor Area
— Program EIR
➢ Burbank Redevelopment Agency — West Olive Redevelopment Plan Amendment to Extend the
Authority to Use Eminent Domain - Negative Declaration
➢ Garden Grove Redevelopment Agency — Redevelopment Plan Amendment - Program EIR
➢ Carlsbad Redevelopment Agency — Redevelopment Plan Amendment - Program EIR
Expert Witness:
Provided expert testimony in Orange County Superior Court regarding adequacy of a County
certified Environmental Impact Report for a County eminent domain action on the take of right-of-
way.
Insurance.-
Phil
nsurance:
Phil Martin & Associates, Inc. maintains $1 million of professional liability and $1 million general
liability insurance.
APPENDIX B
Sub -Consultants
Statement of Qualifications
transportation ■ noise ■ air quality I GANDDINI GROUP
QUALIFICATIONS
Ganddini Group, Inc. is a California Corporation committed to assisting our clients and their projects succeed
by providing high value consulting services for traffic engineering, transportation planning, noise and vibration,
and air quality studies. Proudly serving California with offices in Orange County, Riverside, and Palo Alto, our
team of professionals bring over 150 years of cumulative experience in transportation and environmental
services. Our goal is to continue to build trusted working relationships by applying our professional expertise
with integrity and with every effort to make a positive contribution to the projects and communities in which
we are involved.
Giancarlo Ganddini, PE, PTP, will be the Principal -in -Charge who will oversee preparation of the traffic and
guest parking impact analysis. Giancarlo has extensive experience in traffic engineering and transportation
planning for public and private sector projects throughout California. Giancarlo is a Registered Professional
Engineer (Traffic) in the State of California and a nationally certified Professional Transportation Planner. He
obtained a Bachelor of Science degree in Civil Engineering, with specialization in transportation systems
engineering, at the University of California, Irvine. He has directed work on numerous projects involving
transportation and parking analysis for environmental documentation. His extensive involvement in the
Institute of Transportation Engineers has enabled him to build strong relationships with colleagues and remain
well-informed of developing transportation trends. He has developed expert technical competency of the
traffic analysis methodologies and standards of transportation planning practice. His resume is included in
Attachment A.
RELEVANT EXPERIENCE
Ganddini Group, Inc. personnel are familiar with transportation and environmental planning standards and
have extensive experience working with projects located throughout the region. Related projects recently
completed by Ganddini Group, Inc. team members include, but are not limited to:
Temple City Infill Project Focused Traffic Analysis (2015) 1 City of Temple City
The 1.86 acre project site consists of two parcels that are located at 5657 and 5654 McCulloch Avenue,
respectively. The project is bounded by Live Oak Avenue on the north, with one parcel on the east and the
other on the west side of McCulloch Avenue. The proposed project consists of 4 single-family detached
residential dwelling units at 5654 McCulloch Avenue and 24 single-family attached residential townhouse
dwelling units at 5657 McCulloch Avenue. The project will provide access to McCulloch Avenue. Currently,
the project site is occupied with three single-family detached residential dwelling units. Two single-family
detached residential dwelling units occupy 5654 McCulloch Avenue, and one single-family detached
residential dwelling unit occupies 5657 McCulloch Avenue. The focused traffic analysis consisted of
submitting a scoping agreement/memorandum of understanding, including assumptions and methodology, for
governmental agency approval; conducting a study area field survey of intersection traffic control devices,
intersection approach lanes, roadway link through travel lanes, roadway widths, speed limits, adjacent land
uses, and on -street parking; documenting existing traffic conditions; obtaining a 24-hour tube count on Live
Oak Avenue, west of McCulloch Avenue; determining project trip generation; distributing the project trip
generation to the street system; (8) determining the project's traffic increase; reviewing driveway access (i.e.,
width and line of sight); examining internal circulation including emergency vehicle access and parking; and
mitigating the impacts, if necessary.
Contact: Ms. Doris Nguyen, Director of Development
THE OLSON COMPANY
3010 Old Ranch Parkway, Suite 100
Seal Beach, California 90740
550 Parkcenter Drive, Suite 202, Santa Ana, CA 92705 1 (714) 795-3100 1 www.ganddini.com
ORANGE COUNTY ■ RIVERSIDE ■ PALO ALTO
Mr. Phil Martin, President
PHIL MARTIN & ASSOCIATES
March 26, 2019
(562) 370-2261
dnguyen@the olsonco.com
13024 Salinas Avenue Project Traffic Impact Analysis (2016) 1 County of Los Angeles
The 10.1 acre project site is located at 13024 Salinas Avenue in the unincorporated Willowbrook area of Los
Angeles County. The proposed project consists of 94 dwelling units of single-family detached residential.
Vehicular access for the project site is provided via Salinas Avenue. The traffic impact analysis contains
documentation of existing traffic conditions, trips generated by the project, distribution of the project trips to
roads outside the project, calculation of existing plus project traffic conditions, and an evaluation of existing
plus project plus cumulative traffic conditions.
Contact: Ms. Doris Nguyen, Director of Development
THE OLSON COMPANY
3010 Old Ranch Parkway, Suite 100
Seal Beach, California 90740
(562) 370-2261
dnguyen@the olsonco.com
LA 10th & 11th Avenue Project Trip Generation Comparison Analysis (2017) 1 City of Los Angeles
The project consists of three lots. Lot 1 is located west of 11th Avenue between 36th Street and Exposition
Boulevard. Lot 2 is located east of 11th Avenue and north of Exposition Boulevard. Lot 3 is located west of
10th Avenue and south of 36th Street. The project site is proposed to be developed with 106 dwelling units
of residential condominiums. Access to the project site is proposed to be provided to 11th Avenue for Lots 1
and 2, and 10th Avenue for Lot 3. The existing land use consists of a 54,212 square foot dairy processing
plant. Per the Los Angeles Department of Transportation, Transportation Impact Study Guidelines, December
2016, a technical memorandum is required when the development project is likely to add 25 to 42 morning
or evening peak hour trips and a transportation impact study is necessary when the development project is
likely to add 43 or more morning or evening peak hour trips. Since the proposed project is projected to
generate approximately 1 more morning peak hour trip than the existing land use and 12 more evening peak
hour trips than the existing land use, neither a technical memorandum or transportation impact study is
required since the 12 evening peak hour trips are less than the 25 peak hour trip requirement for a technical
memorandum.
Contact: Ms. Doris Nguyen, Director of Development
THE OLSON COMPANY
3010 Old Ranch Parkway, Suite 100
Seal Beach, California 90740
(562) 370-2261
dnguyen@the olsonco.com
g3lddH Professional Services Proposal
13811 Valley View Avenue Project
page 2
GIANCARLO GANDDINI, PE, PTP
Principal Traffic Engineer
Giancarlo Ganddini has extensive experience in
traffic engineering and transportation planning for
public and private sector projects throughout
California. He has directed and assisted on hundreds
of projects involving transportation and parking
analysis, with an emphasis on traffic impact studies
for environmental documentation.
Giancarlo is passionate about applying his expertise
to develop creative solutions for both common and
unique traffic issues involving roadway operations,
traffic forecasting, impact analysis, parking
operations, roadway safety, and multi -modal
circulation. He is well versed in the standards of
transportation planning practice and is skilled at
communicating complex traffic engineering concepts
to the public and decision makers.
His leadership involvement with the Institute of
Transportation Engineers has allowed him to build
strong relationships with colleagues and stay well
informed of current best -practices and developing
transportation trends. These leadership skills have
also been instrumental in directing our team at
Ganddini Group, Inc.
RELEVANT PROJECT EXPERIENCE:
transportation ■ noise ■ air quality I GANDDINI GROUP
CERTIFICATIONS:
Professional Engineer (Traffic), TR 2663
State of California
Professional Transportation Planner, No. 597
Transportation Professional Certification Board
EDUCATION:
University of California, Irvine:
B.S. Civil Engineering
PROFESSIONAL AFFILIATIONS:
Institute of Transportation Engineers (ITE)
■ Secretary/Treasurer - Western District
■ Past President, Vice President, Secretary/
Treasurer - Southern California Section
Orange County Traffic Engineering Council
HONORS & AWARDS:
Young Transportation Engineer of the Year (2011),
ITE Southern California Section
Hawks Pointe Homeowners Association (HOA) Traffic Calming Study I City of La Mirada
The project site is a gated residential community located on the east side of Beach Boulevard (State Route
39). This study consists of four focus areas and related concerns are summarized as follows: Focus Area 1 -
Bend at Timberlyn Trail Road: There is a curvature in horizontal alignment at the approximate mid -block of
Timberlyn Trail Road. Combined with a downhill grade and on -street parking, poor sight lines have resulted in
safety concerns related to residents and visitors crossing Timberlyn Trail Road to access their vehicles parked
along the inside of the curve. Focus Area 2 - Knuckle at Hawks Pointe Drive: Traffic concerns at this location
relate to conflicts between vehicles exiting the knuckle in the northbound direction and vehicles backing out
of the residential driveways on the east side of the roadway. Focus Area 3 - Laguna Street at Capistrano
Road: Traffic concerns at the intersection of Laguna Street and Capistrano Road are primarily related to
pedestrian activity. Traffic is currently uncontrolled along Capistrano Road. Pedestrians cross Capistrano Road
to access a trail head at the Laguna Street cul-de-sac. Focus Area 4 - Hawks Pointe Drive at Highlander Road:
Traffic concerns at the intersection of Hawks Pointe Drive and Highlander Road are primarily related to stop
sign violations. Some vehicles do not perform a complete stop before proceeding through the intersection.
The purpose of this traffic calming study is to review the existing roadway conditions, document actual
vehicular speeds at key locations, and identify applicable traffic calming measures.
550 Parkcenter Drive, Suite 202, Santa Ana, CA 92705 1 (714) 795-31001 www.ganddini.com
ORANGE COUNTY ■ RIVERSIDE ■ PALO ALTO
STATEMENT OF QUALIFICATIONS
HANS D. GIROUX
GIROUX & ASSOCIATES
ATMOSPHERIC ENVIRONMENT and NOISE CONSULTANT
COMPANY QUALIFICATIONS
Hans Giroux, doing business as Giroux & Associates (G&A), has been providing aerometric
assessment services (air quality, acoustics, meteorology, airborne hazards/toxics and airborne
nuisance such as dust and odors) and acoustical assessments for over thirty (30) years. Within the
last three decades, he has participated in over 2,500 environmental investigations. Specialized
services have included ambient pollution and noise monitoring, computerized air pollution and
noise dispersion modeling, emissions source testing, inert tracer gas field studies, APCD/AQMD
permit preparation and processing, expert witness testimony and regulatory agency liaison.
General environmental program areas and specific types of experience include the following:
LAND USE PLANNING - Prepare air quality and noise sections for EAs, EIRs, NDs; develop
impact mitigation and compliance monitoring plans; provide consistency analyses with regional
air quality plans and applicable General Plan Noise Elements.
ROADWAYS & AIRPORTS - Perform air quality monitoring and modeling from line and area
sources; evaluate transportation and air quality planning consistency; perform noise monitoring
and impact modeling; evaluate noise abatement criteria and develop noise reduction plans through
barriers or structural insulation requirements.
ESSENTIAL SERVICES - Analyze air quality and acoustic impacts from wastewater treatment
plant and landfill operations; perform odor impact studies and certification of odor removal
efficiencies in packed column scrubbers in wastewater treatment processes; perform risk screening
analyses for treatment plants and landfills and for siting schools and hospitals in possible air toxic
environments.
INDUSTRIAL PROJECTS - Perform computer dispersion estimates from industrial fuel
combustion sources; prepare Prevention of Significant Deterioration (PSD) applications; prepare
APCD/AQMD applications for Authority to Construct; perform noise standard compliance
monitoring and modeling; assist in design of acoustical insulation and barriers for industrial
sources such as rock plants, concrete block plants, liquid blending operations, steam ejectors from
cooking evaporators; operate air quality monitoring stations near industrial sources such as mines
and mills to determine mitigation effectiveness.
RECREATION PROJECTS - Prepare analyses and impact mitigation plans for nuisance sources
such as equestrian activity dust and odor; noise control from competitive activities such as racing,
golf tournaments, tennis stadiums; prepare indirect source analyses for major tourist attractions;
identify and mitigate air and noise impacts in pristine environments such as ski areas, wilderness
off-road vehicle parks and sensitive wildlife habitats.
RESUME and REFERENCES
HANS D. GIROUX
SUMMARY OF QUALIFICATIONS AND EXPERIENCE
EDUCATION:
Bachelor of Arts in Physics, University of California (Berkeley), 1965.
Bachelor of Science in Meteorology, University of Utah, 1966.
Graduate studies in Meteorology, University of Wisconsin, 1967-68.
Masters of Science in Meteorology, UCLA, 1972.
Candidacy for Doctorate in Meteorology, UCLA, 1974.
PROFESSIONAL EXPERIENCE:
Weather Forecaster, U.S. Air Force, Truax AFB, Madison, WI, 1966-67.
Staff Weather Officer/Chief Forecaster, McChord AFB, WA, 1968-69.
Teaching Assistant, Basic Meteorology/Advanced Dynamics, UCLA, 1969-71.
Research Assistant, California Marine Layer Structure, UCLA, 1971.
Research Assistant, Remote Air Pollution Sensing by Satellites, UCLA, 1972.
Research Assistant, Climate Change - Aircraft Pollution, UCLA, 1973.
Instructor, Basic Meteorology, Cal State Northridge, 1972-74.
Air Pollution Meteorologist, S -Cubed, LaJolla, CA 1973-75.
Senior Meteorologist, Meteorology Research, Inc., Altadena, CA 1975-77.
Instructor, Weather for Flight Aircrews, Orange Coast College, 1976.
Instructor, Basic Meteorology, Golden West Community College, 1976-81.
Instructor, Basic Meteorology, Orange Coast College, 1977-81.
Consultant, Atmospheric Impact Processes, Irvine, CA, 1977 -present.
HANS D. GIROUX
Page 2
PRINCIPAL PROFESSIONAL RESPONSIBILITIES:
Military: Performed operational weather forecasting for jet aircrews; trained
new personnel; responsible for ground safety, security, records
administration, quality control, forecasting methodology research, and
liaison with other base units; air defense battle staff weather officer; and
deputy detachment commander.
University: Conducted laboratory sessions; instructed students in the use of
meteorological instrumentation; demonstrated weather analysis techniques;
supervised student weather observation programs; gave lectures and tests.
Private: Prepared air quality impact assessments for coal- and oil -fired,
nuclear, solar
Air Quality geothermal and wind energy power generation systems; prepared
impact assessments for transportation systems, industrial emissions sources,
wastewater treatment plants, landfills, toxic disposal sites, oil processing
facilities, mining operations, commercial, residential, institutional and
recreational land uses, airports and harbors; conducted atmospheric gas
tracer experiments; developed numerical airflow analyses; and conducted
numerous meteorological and air quality data acquisition programs with a
very strong emphasis in and environments, geothermal development, odors
and nuisance and in regional pollution impacts from Southern California
urbanization.
Noise Developed impact assessments for roadways sources,
construction equipment, sand and gravel plants, wineries, industrial
equipment, gas recovery plants, railroads, recreational activities and oil
refineries; monitored ambient noise levels from above sources, calibrated
highway traffic noise model (FHWA-RD-77-108), and calculated sensitive
receptor noise exposures; wrote community noise ordinances, purchased
monitoring equipment and trained city staff; performed noise mitigation
studies including barrier design, location, equipment noise control, and
residential building retrofits.
PROFESSIONAL REFERENCES
Dr. Don B. Blumenthal, President, Sonoma Technology, Inc., 707-527-9372
Mr. Jerry Backoff, Planning Director, City of San Marcos, 760-744-1050
Mr. Thom Ryan, Principal Planner, EDAW, Inc., 949-660-8044
Ms. Josephine Alido, Senior Planner, David Evans Associates, 909-481-5750
Dr. Joyce Hsiao, President, Orion Environmental Associates, 415-951-9503
Ms. Valerie Geier, President, Geier & Geier Consulting, 510-644-2535
Mr. Tom Dodson, President, Tom Dodson & Associates, 909-882-3612
Mr. David Tanner, President, EARSI, 949-646-8958
Ms. Betty Dehoney, Principal Planner, HDR, Inc., 858-712-8400
Sara Friedman-Gerrick
12774 Barrett Lane
North Tustin, CA 92705
EDUCATION:
1978 CARNEGIE-MELLON UNIVERSITY, Pittsburgh, Pennsylvania
Bachelor of Science in Civil Engineering -Engineering and Public Policy
1978 Engineering in Training (EIT) License Number: ET007962
EXPERIENCE:
GIROUX & ASSOCIATES, Santa Ana, California
Senior Project Manager 2006 -Current
Model construction, operational and GHG air quality emissions for all land use projects resulting
from construction and operation and determine compliance with jurisdictional air quality
thresholds. Perform screening level health and cancer risk assessments stemming from
construction or vehicular emissions. Model and quantify noise levels related to on -road vehicles,
construction activities, and operational noise for land use projects including shopping centers,
warehousing facilities, water treatment and conveyance facilities, railway operations and
recreational uses. Compare project related noise levels with general plan and municipal code
thresholds to determine compliance. Model interior noise levels with architecturally specific
information, such as window schedules, build materials and roofing types.
NORTH TUSTIN ADVISORY COMMITTEE (NTAC), North Tustin, California 2004 -Current
OC Board of Supervisor Appointee for the 3rd District
Sit on monthly land use planning review board for North Tustin. Issues include zoning variances,
lot sub -divides and use permits. Review site plans, solicit public comment, and recommend
modifications to mitigate impact. Committee coordinates with and reports recommendations and
findings to Orange County Public Works staff.
NORTHROP CORPORATION, Pico Rivera, California 1983-1990
Specialist, Operations Systems Advisor
Supervised requirements development, programming, testing and implementation of all new
quality assurance systems including serialized parts tracking and production order accountability
systems, non-conformance tracking system and supplier rating systems. Reported and tracked on-
going maintenance issues and system updates. Interfaced between system users and programming
staff.
FLUOR CORPORATION, Irvine, California 1981-1982
Civil Engineer
Preformed computer aided stress analyses of pump, vessel and heat exchanger systems using ANSI
and ASTM codes. Completed Fluor certification class in stress engineering.
Attachment C
Environmental Consulting Services
Comparison Chart
Environmental Consulting Services Comparison Chart
*Optional Tasks
IS ND/MND
Mitigated Negative Declaration
Addendum
CASC Engineering and
Consulting
Chambers Group
Phil Martin & Associates,
Inc.
ECORP
Consulting, Inc.
The Altum Group
Kick -Off Meeting
x
$820
x
x
$350
x
$3,260
x
$2,900
Public/Council/Commission Meeting(s)
x
$3,820
x
$7,160
x
$3,400
x
x
$3,230
Analysis
Biological Resources
x
$5,130
x
x
x
Transportation
x
$10,965
x
x
$4,000
x
$13,420
x $4,899
Hydrology/Water quality
x
$1,205
x
x
x
Land Use
x
x
x
x
Aesthetics
x
x
x
x
Geology/Soils
x
$4,809
x
x
x
Air Quality
Greenhouse Gas Emissions
x
x
$6,140
$6,140
x
x
x
x
$3,350
x
x
$5,780
x
$8,234
x
Noise
x
$10,340
x
x
$3,000
x
$4,200
x $2,139
Energy
x
$5,450
x
x
x
Tribal Cultural Resources/Notices
Distribution of Tribal Notices
x
x
$10,277
x"
X.
$5,200
x
x
x
x
Utilities /Service Systems
x
$3,650
x
x
x
Hazardous Materials
x
$6,709
x
x
x
Initial Study
Initial Study Preparation
x
x
$9,114
x
$22,400
x
$8,300
Project Description
x
$1,427
x
$2,300
x
x
Public Review Draft Initial Study/ MND
Prepare Administrative Draft Initial
Study/ MND
x
$8,158
x
$6,192
x
x
$6,500
Prepare Preliminary Draft Initial Study/
MND
x*
$5,080
Draft Initial Study/ MND
x
$3,822
x
x
x
$1,490
Circulation of Draft Initial Study/ MND
x
$2,590
x
$4,380
x
Final IS/MND
Mitigation Monitoring and Reporting
Program
x
x
x
$350
x
$1,000
Final Initial Study/ MND
x
x
$8'820
x
x
$3,340
Response to Comments x $1,824 x x
$1,650 x
Final Initial Study Preparation x x $3,038 x
x
Environmental Impact Report
Prepare Addendum to Certified EIR
x $18,490
Notices
Notice of Preparation
x
Notice of Intent to Adopt a MND
x
x
x
x
Notice of Availability
x
$1,479
Notice of Completion
x
x
x
$700
x
Notice of Determination
x
x
x
x
Distribution of Notices
NOD only
x
x
Miscellaneous
Project Management
x
$7,282
x
x
x
$4,885
x
Mileage, Delivery, Postage
x
$500
x
$447
Direct Costs
x
$1,000
Cost w/o Optional Tasks
$103,137
$41,004
$39,700
$52,622
$39,892
Cost w/ Optional Tasks
$108,117
$46,204
$39,700
$52,622
$39,892
Duration
6 months
6 months
6 months
6 months
6 months
*Optional Tasks