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2200 - Phil Martin & Associates, Inc. - Environmental Services for the Preparation of a Mitigated Negative Declaration located at 7539-7545 Garvey AvenuePROFESSIONAL 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 7th 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. Phil Martin & Associates, Inc. Page 2 of 24 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 Phil Martin & Associates, Inc. Page 3 of 24 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 Phil Martin & Associates, Inc. Page 4 of 24 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. Phil Martin & Associates, Inc. Page 5 of 24 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 Phil Martin & Associates, Inc. Page 6 of 24 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 Phil Martin & Associates, Inc. Page 7 of 24 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 Phil Martin & Associates, Inc. Page 8 of 24 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. Phil Martin & Associates, Inc. Page 9 of 24 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, Phil Martin & Associates, Inc. Page 10 of 24 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] Phil Martin &Associates, Inc. Page 11 of 24 CITY OF ROSEMEAD PHIL MARTIN &ASSOCIATES, INC. B ori la b� M 'olleda, City Manager to Name. Attest: Title Aj Lvez-1 Ericka Hernandez, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: Rachel Richman D City Attorney By: Name-. ji Title: Phil Martin & Associates, Inc. Page 12 of 24 1*3 11 3111r_1 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 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 au 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. Phil Martin & Associates, Inc. Page 13 of 24 • Evaluate the potential for any inicro-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. • Identifh 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 ,vith CEQA. Ener�v 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. Phil Martin & Associates, Inc. Page 14 of 24 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 1\4ND 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. Hych gy/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. Phil Martin & Associates, Inc. Page 15 of 24 • 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 Nvill 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 1\4ND 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. Plvl 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 (January 2018). ® Since the project will tier from a previously certified EIR, vehicle miles traveled (VMT) analysis is not anticipated to be necessary; however, a VNff 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. Page 16 of 24 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 IAND 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. Phil Martin & Associates, Inc. Page 17 of 24 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 1\4ND 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. Page 18 of 24 i) Mitigation Monitoring and Reporting Plan If required, Phil Martin & Associates will prepare a Mitigation Monitoring and Reporting Plan (M1\4RP) 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 Hourly 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 Cify — November 4, 2021 e) Receive staff comments to second Screen Check Initial Study/Mitigated Negative Declaration — November 15, 2021 Phil Martin & Associates, Inc. Page 19 of 24 0 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 Phil Martin & Associates, Inc. Page 20 of 24 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. Phil Martin & Associates, Inc. Page 21 of 24 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 Vll. 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. Phil Martin & Associates, Inc. Page 22 of 24 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 Phil Martin & Associates, Inc. Page 23 of 24 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 Phil Martin & Associates, Inc. Page 24 of 24 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.