CC - Item 4H - Comprehensive Planning Services Contract AgreementE
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCI
FROM: ANDREW C. LAZZARETTO, CITY MANAGE
DATE: MAY 29, 2007
SUBJECT: COMPREHENSIVE PLANNING SERVICES CONTRACT AGREEMENT
SUMMARY
On March 28, 2007 the City received an application from a developer who is proposing to
construct a 205,000 square -foot mixed use development with 30 attached condominiums
at 7419 -7459 E. Garvey Avenue. Given the scope of this proposed project staff worked
with the developer to send out requests for proposals (RFP) for environmental planning
services to assist with the preparation of required California Environmental Quality Act
(CEQA) studies. The cost to hire the consultant will be paid for in full by the developer.
Staff Recommendation
Staff recommends that the City Council take the following action:
1) Authorize the Mayor to execute the contract agreement with CPS.
2) Direct staff to obtain a deposit from the developer to cover the full cost for contract
services prior to authorizing the consultant to proceed.
ANALYSIS
On January 31, 2007, the City sent out a Request For Proposals (RFP) for environmental
planning services to a list of qualified consulting firms to assist the City staff with upcoming
projects. At the February 27, 2007 City Council meeting the Council authorized a contract
with Comprehensive Planning Services (CPS) for a similar mixed use project proposed by
the same developer for property located at 7801 Garvey Avenue. It would be
advantageous to have CPS review both projects. The projects are in close proximity to
one another and therefore the technical analysis would not have to be duplicated by
multiple consultant firms. There is a level of cost and time savings by allowing CPS to
review both mixed use projects at the same time.
PUBLIC NOTICE PROCESS
This item was not a noticed public hearing item.
APPROVED FOR CITY COUNCIL AGENDA: �"
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City Council Report
May 29, 2007
Page 2 of 2
Submitted by:
Jesse H. Duff
Interim Community Development Director
Prepared by:
Brad Johnson
Planning Services Administrator
Attachment A: Draft Contract Agreement
Attachment B: Proposal by CPS
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CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 29th day of May, 2007 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 Valley Blvd, Rosemead,
California 91770 ( "the City ") and Comprehensive Planning Services, a California
Corporation with its principal place of business at 2916 Clay Street, Newport Beach, CA
92663 ( "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 of.Rosemead on the terms and conditions set
forth in this Agreement. Consultant represents that it is experienced in. providing
professional environmental services to Public `clients and that is licensed in the State of
California, and is familiar with the plans and procedures of City.
2.2 Project.
City desires to engage Consultant to render such professional environmental
consulting services for the proposed mixed use development ('Project') referred to as
Planned Development Review 07 -01, General Plan Amendment 07 -02, Zone Change 07-
225 and Conditional Use Permit 07 -1090 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 customary
work necessary to fully and adequately supply professional environmental consulting
services necessary for the Project ( "Services "). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All
Services shall be subject to, and performed in accordance with, this Agreement, the
exhibits attached hereto and incorporated herein by reference, all applicable local, state
and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from June 2007 to the date
the City determines the project to be in compliance with applicable environmental
regulations, 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.
EXHIBIT A
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. The 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
the City and shall at all times be under Consultant's exclusive direction and control.
Consultant shall pay all wages, salaries, and other amounts due to 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 in respect to such
additional personnel, including, but knot limited to: social security taxes, income tax
withholding, unemployment „insurance,; disability _insurance „.and ;workers' compensation
insurance.
3.2.2 Schedule of Services. Consultaht..shaJl .perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth and attached hereto ( "Schedule "). Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with
agreement conditions, including the Schedule. In order to facilitate Consultant's
conformance with the. Schedule, the City shall respond. to Consultant's submittals in a
timely manner. Upon request of the City, Consultant shall provide a more detailed schedule
of work to meet the applicable deadlines as determined by the City. .
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant and /or sub consultants shall be subject to review and approval of the City.
3.2.4 Substitution of Key Personnel. Consultant has presented to the City
certain key personnel who 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 from the City. In the
event that the City and Consultant cannot agree as to the substitution of key personnel, the
City shall be entitled to terminate this Agreement for such cause.,Any personnel who fails
or refuses 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 ortimely
completion of the Project or a threat to the safety of persons or property, shall be
immediately and promptly removed from the Project by the Consultant at the request of the
City.
3.2.5 City's Representative. The City of Rosemead hereby designates the
Joann Lombardo or her designee, to act as its representative for the performance of
professional environmental consultancy services as set forth in, this Agreement ( "City's
Representative "). City's Representative shall have the power to act on behalf of the City
-for all purposes under this Contract. Consultant shall not accept direction or orders from
any person other than the.City's Planning Services Administrator or his designee.
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3.2.6 Consultant's Representative. Consultant hereby designates Craig S.
Neustaedter or his designee, to act as its representative for the performance of
professional traffic engineering consultancy services as set forth in 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 traffic study services, using his
best professional skills, knowledge and attention, and shall be responsible for all means,
methods, techniques, sequences and procedures and for the satisfactory coordination of
all portions of the traffic study services under this Agreement.
3.2.7 Coordination of Services Consultant agrees to work closely with the
City staff in the performance of Services and shall be available to the 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 profession`alsln "the same
discipline in the State of California. Consultant represents and maintains'that'ifis skilled in
the profession necessary to perform the Services. Consultant warrants.that all employees .
and subcontractors shall have sufficient, skills and experience to perform the Services
assigned to them. Finally, Consultant represents that, its employees and subcontractors
have all licenses, permits, qualifications and approvals,of.whatever nature.that_are legally
required to perform the Services, including a City Business License, and that such licenses
and approvals shall be maintained throughout the term of this Agreement. As provided for
in the indemnification provisions of this Agreement, Consultant shall perform, at its own
cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub -
consultants who is determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property,
or any employee who fails or refuses to perform the Services in a manner acceptable to
the City, at the request of the City shall be immediately and promptly removed from the
Project by the Consultant and shall not be re- employed to perform any of the Services or to
work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal /OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
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3.2.10 Insurance. Without in any way limiting Consultant's liability pursuant to
the "Indemnification" paragraph of this Agreement, Consultant will maintain insurance in
the amounts and coverages set forth below.
3.2.10.1 Time for Compliance. Consultant shall not commence -
work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall . not allow
any subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under this
section.
3.2.10.2 Minimum Requirements. Consultant _shall, at its
expense, procure and maintain for the duration of the Agreement insurance against claims
for injuries to persons or damages to property which may arise from or.in connection with.
the performance of the Agreement by the Consultant,.. its- ,.agents, representatives,:.:
employees or subcontractors. Consultant shall also require all :of its subcontractors to'.-:
procure and maintain the same insurance for the :duration. of- the`Agreement:, Such "" `':
insurance shall meet at least the following minimum levels of: cove rage:
(A) Minimum Scope of Insurance` Coverage shall be .
at least'as broad as the latest version of the following: (1) General Liability: Insurance
Services Office Commercial General Liability coverage (occurrence.form CG 0001);:(2)
Automobile Liability: Insurance Services Office Business Auto Coverage form number CA
0001, code 1 (any auto); and (3) Workers' Compensation and. Employer's Liability:
Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with general aggregate limit is used, either the general aggregate limit shall
apply separately to this Agreement/location orthe general aggregate limit shall be twice the
required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Workers' Compensation and Employer's Liability: Workers'
Compensation limits as required by the Labor Code of the State of California. Employer's
Liability limits of $1,000,000 per accident for bodily injury or disease. .
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of five (5)
years following completion of the Project, errors and omissions liability insurance
appropriate to their profession. Such insurance shall be in an amount not less than
$1,000,000 per claim, and shall be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms
supplied or approved by the City to add the following provisions to the insurance policies:
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(A) General Liability. The general liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents
and volunteers shall be covered as additional insured with respect to the Work or
operations performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with performance of such work; and (2) the insurance
coverage shall be primary insurance for the City, its directors, officials, officers, employees,
agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of
the Consultant's scheduled underlying coverage. Any insurance or self- insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers
shall be excess of the Consultant's insurance and shall not be called upon to contribute
with it in anyway.
(B) Automobile Liability. The automobile liability policy
shall be endorsed to state that: (1) the City, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insured with respect to the.ownership„
operation, maintenance, use, loading or unloading of any auto owned„ leased,.hi red ' or.
borrowed by the Consultant or for which the Consultant is respohsible; and''(2),-tho',
insurance coverage shall be primary insurance for the City, its directors, officials,'officers,
employees, agents and volunteers, or if excess, shall stand in an -unbroken chain of
coverage excess of the Consultant's scheduled underlying coverage._ Any_insurance or
self- insurance maintained by the City, its directors, officials, officers, employees, agents
and volunteers shall be excess of the Consultant's insurance and. shall not be called upon
to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, employees, agents and volunteers for losses paid under the
terms of the insurance policy which arise from work performed by the Consultant or sub-.
contractors.
(D) All Coverages. Each insurance policy required by
this Agreement shall be endorsed to state that: (A) coverage shall not be suspended,
voided, reduced or canceled except after thirty (30) calendar days prior written notice by
Consultant through certified mail, return receipt requested, has been given to the City; and
(B) any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to the City, its directors, officials,
officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents and
volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self- insured retentions must be declared to and approved by the City.
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Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall
reduce or eliminate such deductibles or self- insured in respect to the City, its directors,
officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a
bond guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in the
state of California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish the
City with original certificates of insurance and endorsements effecting coverage required by
this Agreement on forms satisfactory to the City. The certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insurer to bind
:._ coverage on its behalf, and shall be on forms provided by the City if requested: AIL..'
certificates and endorsements must be received and approved by the City before mork...,
commences. The City reserves the right to require complete, certified copies of all required - -_`,
insurance policies, at any time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant "
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees .
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and sub - contractors, 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 attached
hereto. The total compensation shall not exceed Thirty Seven Thousand Six Hundred and
Fifty (37,650) dollars for the Mitigated Negative Declaration (MND) or Eighty Six Thousand
Nine Hundred and Seventy (86,970) dollars for Environmental Impact Report (EIR) without
advance written approval from City's Planning Department. Extra Work may be authorized
and approved by the City, and will be compensated at the rates and manner set forth in
this Agreement. In no event shall the amounts paid for the total of all Services under this
Agreement exceed these amounts without the express authorization /approval of the City.
In no event shall City be liable for interest or late charges for any late payments.
3.3.2 Payment of Compensation. Consultant shall submit to the City a
monthly itemized statement which indicates work completed and hours of Services
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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. The 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 the City's Planning Department.
3.3.4 Extra Work. At any time during the term of this Agreement, the City
may request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by the 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 the City's Planning Department. _ ........ .
3.3.5 Prevailing Wages. Consultant is aware of the requirements of:'
Califomia Labor Code Section 1720, et sec ., and 1770, et sec ., as well as California Code...._
otlRgg, lations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an .
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage..
Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply .
with such Prevailing Wage Laws. The 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 Audit and Inspection of Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate books and accounting records with respect its work under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of the
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.
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3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. The City may, bywritten 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) calendar days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no further
compensation.
3.5.1.2. Upon receipt of the City's notice of termination, Consultant
shall commence and .perform, with diligence, all actions necessary on the part of
Consultant to.effect the termination of this Agreement on the date specified by the City and
to minimize the liability of Consultant and the City to third parties, as a result of termination.
:. All such _actions I shall be subject to the prior approval of the City. Such actions shall
Jn6lude,'without limitation:
15.1.2.1 Halting the performance of all Services and other
work under this Agreement on the date(s) and in the manner specified by the City.
3.5.1.2.2 Not placing any further orders or subcontracts for
materials, services, equipment or other items.
.. 3.5.1.2. 3 Terminating all existing orders and subcontracts.
3.5.1.2.4 At the City's direction, assigning to the City any or all
of Consultant's right, title and interest under the orders and subcontracts terminated. Upon
such assignment, the City shall have the right, in its sole discretion, to settle or pay any or
all claims arising out of the termination of such orders and subcontracts.
3.5.1.2.5 Subject to the City's. approval, settling all outstanding
liabilities and all claims arising out of the termination of orders.and subcontracts.
3.5.1.2.6 Completing performance of any services or work that
the City designates to be completed prior to the date of termination specified by the City.
3.5.1.2.7 Taking such action as may be necessary, or as the
City may direct, for the protection and preservation of any property related to this
Agreement which is in the possession of Consultant and in which the City has or may
acquire an interest.
3.5.1.3 Within 30 days after the specified termination date,
Consultant shall submit to the City an invoice, which shall set forth each of the following as
a separate line item:
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3.5.1.3.1 The reasonable cost to Consultant, without profit, for
all services and other work the City directed Consultant to perform prior to the specified
termination date, for which services or work the City has not already tendered payment.
Reasonable costs may include a reasonable allowance for actual overhead, not to exceed
a total of 10% of Consultant's direct costs for services or other work. Any overhead
allowance shall be separately itemized. Consultant may also recover the reasonable cost
of preparing the invoice.
3.5.1.3.2 A reasonable allowance for profit on the cost of the
services and other work described in the immediately preceding subsection (1), provided
that the Consultant can establish, to the satisfaction of the City, that the Consultant would
have made a profit had all Services and other work under this Agreement been completed,
and provided further, that the profit allowed shall in no event exceed 5% of such cost.
3.5:1:3:3: The reasonable cost to Consultant of handling
material or equipment returned to the vendor, delivered to the City or otherwise disposed of
as directed°by'the'City
3.5:1::3:4 A deduction for the cost of materials to be retained by
'Consultant; amounts realized form th'e'sale of materials and not otherwise recovered by or
credited to the City, and any other appropriate credits to the City against the cost of the
services or other work.
3.5.1.4 In no event shall the City be liable for costs incurred by
Consultant or any of its subcontractors after the termination date specified by the City,
except for those costs specifically enumerated and described in the immediately preceding
subsection. Such non - recoverable costs include, but are not limited to, anticipated profits,
post- termination employee salaries, post - termination. administrative expenses or overhead,
or any other expense not authorized under the immediately preceding subsection.
3.5.1.5. In arriving at the amount due to Consultant under this
Section, the City may deduct: (1) all payments previously made by the City for work
covered by Consultant's final invoice; (2) any claim which the City may have against
Consultant in connection with this Agreement; (3) any invoiced costs or expenses excluded
pursuant to the immediately preceding subsection; and (4) in instances in which, in the
opinion of the City, the cost of any services or other work performed under this Agreement
is excessively high due to costs incurred to remedy or replace defected or rejected services
or other work, the difference between the invoiced amount and the City's estimate of the
reasonable cost of performing the invoiced services or other work in compliance with the
requirements of this Agreement.]
3.5.1.6 Effect of Termination. If this Agreement is terminated as
provided herein, the' City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such documentation and other information within fifteen (15) calendar
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days from the request date.
3.5.1.7 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, the 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
address as the respective parties may provide in writing for this purpose:
CONSULTANT:
CITY:.
Comprehensive Planning Services
PO Box 15592 Newport Beach
CA 92659 -
Attn :Joann Lombardo- Principal.
City. of
8838 E Valley Blvd
Rosemead; CA 91770
Attn: Brad - Johnson, Planning Services Administrator
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 the 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
work of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings or data magnetically or otherwise recorded on computer diskettes, which
are prepared or caused to be prepared by Consultant under this Agreement ( "Documents &
Data "). Consultant shall require all subcontractors to agree in writing that City is granted a
non - exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant or sub-
contractor 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
City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use is within the purposes intended by this Agreement and shall not
be at the City's sole risk.
3.5.3.2 Works for Hire. If, in connection with services performed
under this Agreement, Contractor or its subcontractors create artwork, copy, posters,
billboards, photographs, videotapes, audiotapes, systems designs, software, reports,
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diagrams, surveys, blueprints, source codes or any other original works of authorship, such
works of authorship shall be works for hire as defined under Title 17 of the United States
Code, and all copyrights in such works are the property of the city. If it is ever determined
that any works created by Consultant or its subcontractors under this Agreement are not
works for hire under U.S. law, Consultant hereby assigns all copyrights to such works to
the City, and agrees to provide any material and execute any documents necessary to
effectuate such assignment. With the approval of the City, Consultant may retain and use
copies of such works for reference and as documentation of its experience and
capabilities.
3.5.3.3 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 Agreementshall be held confidential
by Consultant. Such materials shall not, without the prior written consent of the City, be
used by Consultant for any purposes other than the.performance.of the Services. Nor shall
such materials be disclosed fo any person -r or_..• entity hot'conriectedwith the performance of
the Services or the Project. Nothing furnished to Consultarit: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 in §ignia, 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 the City.
3.5.4 Cooperation Further Acts. The Parties mentioned in this agreement
shall fully cooperate with one another,'and shall take any additional acts or sign any
additional documents as may be necessary, appropriate or convenient to attain the
purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City,
its officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Consultant, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services, the Project or this Agreement, including without limitation
the payment of all consequential damages and attorneys fees and other related costs and
expenses; except where such liability, loss, damage or injury is the result of the sole
negligence or willful misconduct of the City. In addition to Consultant's obligation to
indemnify the City, Consultant specifically acknowledges that it has an immediate and
independent obligation to defend the City from any claim which actually or potentially falls
within this indemnification provision, even if the allegations are or may be groundless, false
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Page 12 of 15
0
or fraudulent, which obligations arises at the time such claim is tendered to Consultant by
the City and continues at all times thereafter. Consultant shall defend, at Consultant's own
cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings
of any kind that may be brought or instituted against the City, its directors, officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City or its directors, officials, officers, employees,
agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall
reimburse the City and its directors, officials, officers, employees, agents and /or volunteers,
for any and all legal expenses and costs incurred by each of them in connection therewith
or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not
be restricted to insurance proceeds, if any, received by the City, its directors, officials,
officers, employees, agents or volunteers.
3.5.7 Limitation on Liability of City. CITY'S PAYMENT=OBLIGATIONS
UNDER THIS AGREEMENT SHALL, BE - LIMITED.TO THE PAYMENT- OF THE
COMPENSATION PROVIDED FOR .IN - PARAGRAPH,, 3.3- OF:THIS =AGREEMENT.
NOTWITHSTANDING ANY OTHER P. OVISION OF THIS AGREEMENT; -IN`NO EVENT
SHALL THE CITY BE LIABLE, REGARDLES&OF- WHETHER ANY CLAIM IS-IBASED ON
CONTRACT OR TORT, FOR ANY .SPECIAL .CONSEQUENTIAL ,,_;INDIRECT OR
INCIDENTAL DAMAGES, INCLUDING ,.BUT NOT LIMITED TO, LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE-SERVICES
PERFORMED IN CONNECTION. WITH THIS.AGREEMENT:: _
3.5.8 Entire Agreement. This Agreement contains the entire Agreement of
the parties with respect to the subject rnatter.hereof, and supersedes all prior, negotiations,
understandings or agreements. This Agreement may only be modified in writing and
signed by both parties.
3.5.9 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5. 10 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.5.11 City's Right to Employ Other Consultants. The City reserves the right
to employ other consultants in connection with this Project.
3.5.12 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.13 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 without the City's consent 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.
Page 13 of 15
3.5.14 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 the 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.
3.5.15 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by.
both Parties.
3.5.16 Waiver. No waiver of any default shall cohstitute awaiverof 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:
3.5.17 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed bythe .Parties.._.:...;... _. . . -1.. ,._.
3.5.18 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.
3.5.19 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona.fide employee working
solely for Consultant, to solicitor secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. Consultant further agrees to file, or shall cause its employees or sub
consultants to file, a Statement of Economic Interest with the City's Filing Officer as
required understate law in the performance of the Services. For breach or violation of this
warranty, the 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.
3.5.20 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Consultant shall also comply with any
L
Page 14 of 15
is
applicable City minority business enterprise program, affirmative action plan or other
related. programs or guidelines currently in effect or hereinafter enacted.
3.5.21 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.
3.5.22 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.
3.5.23 Counterparts. This Agreement may be signed in counterparts, each of-
which which shall constitute an original.
3.5.24.
354 35.5 35.6 3.5.7 3.5.8 and 3.5.9.
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 the City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
CITY OF ROSEMEAD
BY:
John Tran
Mayor
Attest:
By:
Nina Castruita
City Clerk
Approved as to Form:
A
Bonifacio Bonny Garcia
City Attorney
COMPREHENSIVE PLANNING SERVICES
Joann Lombardo
Principal
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Page 15 of 15
EXHIBITA
SCOPE OF WORK
I*
May 21, 2007
Mr. Brad Johnson
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
Re: Cost Estimate — 741.9 -745.9 GARVEY AVENUE MIXED USE PROJECT
ENVIRONMENTAL CONSULTING
Dear Brad:
As you requested, this correspondence provides a cost estimate for the environmental
assessment and related technical studies for the 741.9 -745.9 Garvey Avenue Mixed Use
project This estimate is based on the following assumptions:
m The scope of work will be the same as that provided for the Big Island Plan.
a Timing for the technical studies related to this environmental review will be concurrent
with those for the Big Island Plan project
Please don't hesitate to contact me should you have any questions.
Yours truly,
Joann Lombardo
0
Y.O. Box 15592 Newport Beach, CA 92659 tel: 949 - 650 -3206 fax: 949:548 -6981
in
l . AD
9
741.9 -745.9 GARVEY AVENUE MIXED USE PROJECT
ESTIMATED COSTS
Task
Hours
Reimbursables
Cost+*
Traffic Study
$13,000*
$13,000
Parking Study
7,000
$7,000
Air Quality Study -
1,800
$1,800
Noise Study
1,800
$1,800
Shade and Shadow
6,000,
$6,000
Initial Study MND
70
350 -
$8,050
Total Cost with MND (I, 3)
-
$37,650.00
EIR -
412
2,000
47,320
Technical Studies Review of Alternatives
2.000
Total Cost with EIR (2, 3)
$86,970.00
Notek
(I)` Assumes 2 public hearings; 2 staff meetings
(2) Assumes 2 public hearings; 4 staff meetings.
1(3)1 Additional meetings to be on time and material basis
* A total of 10 intersections would be analyzed using ICU methodology. Two of the 10 intersections are
assumed to be also analyzed by the Big Island Plaza project. If fewer intersections are required, assume a cost
reduction of $750 per intersection. -
** Estimate valid for 90 days.
Page 2 of 2
RELEVANT EXPERIENCE
City of La Verne — Various Environmental Reviews
Client / Reference: Hal Fredrickson, Community Development Director; or Linda Christianson,
Senior Planner, City of La Verne, 3660 "D" Street La Verne, CA 91750,
(909) 596 -8726
Dates: 1984 current.
Products: Environmental Impact Reports and Initial Studies/ (Mitigated) Negative
Declarations for various City and privately initiated projects. Budgets are
variable, ranging from $3,500 to $150,000 depending on scope of work.
Documentation of Recent Projects:
Project Environmental Impact Report for the University of La
Verne Master Plan Qanuary 07): The Project consisted of a multi-
phase master plan for the University of La Verne, which has a main
campus located within and adjacent to the La Verne historic downtown.
Proposed Master Plan improvements would occur in three phases: Phase
1 (1 -5 years), Phase 2 (5 -10 years), Phase 3 (10+ years). Build -out of
Phase I and 2 of the Master Plan, which is the focus of the EIR, is
expected to result in a net increase of approximately 50,700 square feet
of building area, approximately 50 additional dormitory beds, and
approximately 293 additional parking spaces. These improvements are
proposed to increase the amenities and services available to students and
faculty, as well as alleviate overcrowding in existing offices and
classrooms. The EIR focused on those environmental factors that would
be potentially affected by the Project including: land use, aesthetics,
historical resources, traffic/parking, and public services. CPS was the
prime environmental consultant for this assignment, responsible for the
EIR analysis, preparation, distribution, public presentations and noticing.
Project Environmental Impact Report for the Live Oak Trail
Development (May 05): The Project consisted of 18 residential lots
and 5 common open space lots, located on one of the last undeveloped
'MRelevant Experience Page I
t I31G ISLANll PLAZA -
parcels of land in northern La Verne; and required a zone change from
Specific Plan to P- R -2 -D; Tentative Tract Map, and a precise plan of
design. The EIR focused on those environmental factors that would be
potentially affected by the Project, including: land use, aesthetics, air
quality, biological resources, geology, public services (fire safety and
schools), utilities (water, wastewater and storm water drainage), and
recreation (trails). Major issues related to the EIR included: development
of mitigation measures relative to sewer connection and , jurisdiction
waters. CPS was the prime environmental consultant for this assignment,
responsible for the. EIR analysis, preparation, distribution, public
presentations and noticing.
City of Chino Hills — Various Environmental Reviews and Planning Assistance
Client / Reference: Zai Abu- Bakar,.. Assistant Community Development Director, or
Doug La Belle,,.,Cicy -Manager, 2001 Grand Avenue, Chino Hills, CA
91709-4869,"(909),364-2742
Dates: "' 1986 — current-'.
Products: Environmental Impact Reports and Initial Studies/ (Mitigated) Negative
Declarations for various City and privately initiated projects. Budgets are
variable, ranging from $3,500 'to $125,000, depending on scope of work.
Documentation of Recent Projects:
Review and Management of Project Environmental Impact
Report for Shoppes /Civic Center /Park Mixed Use Project (July
2005): The Shoppes at Chino Hills Project was a joint effort by the City
of Chino Hills and a developer to develop a new lifestyle center,
consisting of a regional high -end retail center with integrated office, a
civic center and multifamily residential components. Entitlements for the
project included a General Plan Amendment, Specific Plan and Zone
Change. Major project issues included traffic, drainage, air quality, noise
and biological resources. CPS' role in this project was to serve as the
City's environmental and planning project manager. CPS'. responsibilities
included: review of all technical documents related to the environmental
and planning components; rewrite of major sections of the EIR document
to ensure accuracy and readability; development of mitigation measures;
preparation of Responses to Comments to the Draft EIR, Statement of
Overriding Considerations and Findings, public presentations.
Relevant Experience
PLAZA ISLAND PLA ° -Page 2
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City of Whittier - Various Environmental Reviews and Planning Assistance
Client / Reference: Don Dooley, Planning Manager, or Jeff Adams, City Planner, or Jeff
Collier, Community Development Director, City of Whittier, 13230
Penn Street, Whittier, California 90602 -1772, (562) 464 -3380
Dates: 2003 - current
Products: Environmental Impact Report and Specific Plan Project Management, and
Initial Studies/ (Mitigated) . Negative Declarations for various City and
privately initiated projects. Budgets are variable, ranging from $9,500 to
$50,000 depending on scope of work
Documentation of Recent Projects:
Whittier Boulevard .Specific-PI ' an EIR (June 2005): The Whittier
Boulevard - Specific: Plan .iproject >was .a. plan to revitalize the 7 -mile
commercial corridor. - =- Traffic ;was,.the.major project issue. CPS' role in
this project was to assist.tle,;City with the review and management of
the Specific Plan and projecrEIRs.CPS' responsibilities included: review of
project EIR; rewrite of major EIR sections; oversight of EIR traffic study;
development of mitigation measures; public presentations.
The Gables at Whittier MND(on- going): The Gables at Whittier is
an infill project located on Whittier Boulevard, an aging commercial
corridor that had recently been rezoned to allow mixed use. This project
is the first condominium project to be proposed on the Boulevard. It
proposes a 96 -unit attached residential development on an approximately
4.91 -acre site. The draft MND found that the proposed project could
have significant adverse impacts relative to hazards /hazardous materials,
noise . and transportation /traffic. However, with the imposition of
mitigation measures delineated, all potentially significant. impacts are
reduced to less than significant levels. ,
GRC Redevelopment Consultants, Inc. — Various Redevelopment Plan EIRs
Client / Reference: Ernie Glover, Principal, GRC Redevelopment Consultants
701 South Parker Street, Suite 7400, Orange, CA 92868, (714) 234-1122
Dates: 1985 — current.
Products: Environmental Impact Reports for Plans, Plan Amendments, and Project
Activities for numerous redevelopment agencies, including: Riverside,
Riverside County, Glendora, Solano Beach, Milpitas, Huntington Park,
Relevant Experience - -
BIG ISLAND PLAZA Fage 3
Monterey Park, Cudahy, Maywood, Pomona. Budgets are variable, ranging _
from $25,000 to $150,000 depending on scope of work.
Documentation of Recent Projects:
Program EIR for the City of Napa Proposed Soscol Gateway
Redevelopment Project Area and Specific General Plan, Zoning
and Design Guidelines Policy Changes (on- going): The Project
involves the proposed adoption of a new 376 acre Soscol Gateway
Redevelopment Project Area, and related General Plan, zoning and design
guideline policy changes recommended by the Soscol Gateway Vision
Implementation Plan Recommendations report, endorsed by the City
Council in February 2006. The Project is intended to stimulate mixed use
development in the Soscol Gateway and adjacent downtown area. Major
issues include development - within the City Rural Urban Limit line,
housing, traffic and hydrology. CPS was the ` prime environmental
consultant for this assignment, responsible for- the EIR analysis,
preparation, distribution; and public presentations;: -°
Project _ Environmental 'Impact ' Report ;for the Elmwood
Residential 'and Commercial 'Developrt ent`Project (September
2004): This project was initiated by the Milpitas Redevelopment Agency,
jointly with the County of Santa Clara. The Project Site comprised 54
acres of surplus lands previously belonging to the Elmwood Correctional
Facility. The development included 683 residential units, approximately
180,000 square feet of auto sales uses, approximately 6.0 acres in public
park area (including trails) and another 8.4 acres of open space; and
required an amendment to the Milpitas General Plan, Midtown Specific
Plan, and Zoning Map, Tentative Map, Planned Unit Development, Site
and Architectural Approval, and a Use Permit for various exceptions to
the Project. The EIR focused on those environmental factors that would
be potentially affected by the Project, including: land use; traffic and
circulation; air quality; noise; biological resources; geology and seismicity;
flooding, drainage, and water quality; cultural resources; hazardous
materials; aesthetics; utilities; and public services. Major issues related to
the EIR included: development of mitigation measures relative to sensitive
wildlife species, cultural internment sites, and drainage. A Statement of
Overriding Considerations was required. This project EIR was fast
tracked to allow required biological field surveys to proceed. CPS was
the prime environmental consultant for this assignment, responsible for
the EIR analysis and preparation.
Relevant Experience
BIG 15L IND PLAZA Poge 4
Project Scope of Work
Task I. Project Background and Orientation
The objectives of this task are to facilitate the Initial Study preparation by obtaining all the
necessary documents and background materials, to obtain a clear understanding of schedule
commitments and the City of Rosemead expectations. This task includes:
Attend a Project Initiation meeting with the City and applicant (if invited by City). During,
this meeting, all available project documents will be obtained, including but not limited to:
• City General Plan and Land Use Plan map; General Plan EIR; Zoning Code and map
• Preferred Initial Study, EIR format and public notice formats; Local City of Rosemead
environmental processing guidelines; Protocol for distributing notices and documents,
including numbers of paper and CD -ROM copies required
• Agency distribution list; Identification of interested groups
• Staff comments on the project application;-List of cumulative- projects.�a; <s==::-,a'_.
• Project application; Site plan (in full scale and 'KxI I' and in graphic digital" format);
Project elevations (in full scale and 8 "xll ' and In g aPhic digital format) Site_ photos
and aerial map in graphic digital format, if available
• Geotechnical Study, Grading Plan, Phase I Assessment, Hydrology Study, Drainage Plan
and other studies as required by the City.
Field visit of site.
Products: (1) Project Schedule for both MND and EIR; (2) Memorandum summarizing data
received, any data outstanding and list of potential key project issues.
Task 2. Project Description
Based on information received and reviewed during Task I, a project description will be
prepared for review by the City that will describe:
w Project components, including: applications required; uses by square footage; building
dimensions including height, setback and FAR; parking; landscape and open space
features; on- and off -site improvements.
a Project location.
® Project background.
Project objectives.
m Project development assumptions.
* Project schedule and phasing.
Products: (1) Project description.
. Project Approach & Scope _ -
BIG ISLAND PLAZA PDge 4
0
Task 3. Traffic Study / Parking Study
The traffic and parking studies will be prepared by TEP, Inc. Both studies will be prepared in
accordance with accepted professional transportation engineering standards. Primary tasks
related to the traffic and parking studies are as follow:
Traffic Study
e Determine project mixed use trip generation; calculate internal capture and pass -by
trips
6 Field Review
o Traffic Counts: 8 intersections/ 3 segments
* Scenario Analysis - five alternatives/ ICU method
I) Existing conditions
2) Year of project opening without project
3) Year of project opening without project '
4) General plan build out without project rt• s
S) General plan build out with project s=
v Site access controls: two driveways maximum
0 Identify mitigations, if needed .
6 Prepare draft and final reports. -
Parking Study
8 Survey parking utilization of existing public parking S00 ft. within project site
6 Calculate parking requirement per City code and ITE guidelines
6 Calculate overall site parking utilization per ULI shared parking guidelines
6 Identify mitigations, if needed
6 Prepare draft and final reports
Task 4. Air Quality Study
The air quality study will be prepared by Synectecology. Potential impacts will be determined
based on significance criteria provided by the SCAQMD as presented in the SCAQMD CEQA
Air Quality Handbook as well as the provisions set forth in the federal and State Ambient Air
Quality Standards. Primary tasks related to the air quality study are as follow:
Q Describe Existing Setting
6 Determine Construction_ Impacts - The proposed project includes demolition, grading
and construction ultimately resulting in the addition of new land uses. Based on the
proposed changes, emissions will be calculated based on methodology provided with the
Project Approach & Scope
BIG ]SL.LND PLAZA Page 5
URBEMIS2002 air quality model. These emissions will be assessed for their potential to
exceed the Localized Significance Threshold values recently instituted by the SCAQMD
either using literature values, or using the USEPA SCREENS dispersion model.
® Operational Impacts - Operational emissions generated by project implementation and
its land use revisions center on mobile sources. Using data generated in the provided
traffic analysis, project- associated emissions for the proposed land use revisions will be
quantified using the URBEMIS2002 vehicle emissions. model. Other emissions are
associated with the use of natural gas for space and water heating, landscape and
structural maintenance equipment, and consumer aerosol products. A review of the
project's consistency with the SCAQMD Air Quality Management Plan would be
included. To determine roadway intersections prone to increases in CO concentrations,
select intersections will be modeled for exceedance of State and federal Ambient Air
Quality Standards for CO using the CALINE4 Air Distribution Model.
@ Identify mitigations, if needed ._ ..
m Prepare draft and final reports.
Task S. Noise Study
The noise study will be prepared by Synectecology. Potential impacts will be.related..to the City
of Rosemead Noise Element land use compatibility guidelines and local- ordinance- and'
appropriate mitigation measures will be developed as necessary. Primary tasks related to the
noise study are as follow:
® Describe Existing Setting — A field visit shall be performed and existing noise level
measurements will be obtained within the project area.. If reasonably feasible,
simultaneous . vehicle counts for the roadway shall also be obtained during the
measurement(s). These counts may be used to demonstrate compatibility and calibrate
the Sound32 Noise Model, as applicable.
® Construction Impacts - Construction - generated noise impacts may be produced from
the use of heavy equipment, haul trucks, and worker vehicles. Noise - related impacts
from project construction will be identified using accepted noise data applicable to
construction equipment-
Operational Impacts - Two types of operational impacts are possible. The project could
create a significant impact if it were to site a sensitive land use in an incompatible area
due to excessive noise. Furthermore, the project could create a significant impact if it
were to substantially raise the ambient noise levels at any sensitive receptor locations.
The analysis shall examine both of these scenarios. Using the provided "with project' or
"build out" traffic volumes, traffic noise shall be modeled using the Caltrans Sound32
Noise Model and impacts to the proposed land use will be compared with the goals of
the City of Rosemead General Plan Noise Element. Noise levels in excess of those
specified in the Element shall be considered as potentially significant.
C Identify mitigations, if needed
0 Prepare draft and final reports.
B Project Approach & Scope
-
`"`�' 131G ISLAND PLA7A Page 6
�.
Task 6. Shade and Shadow Analysis
The shade and shadow analysis will be prepared by DKP, Inc. using AutoCAD. The analysis will
be graphically presented in plan view on an aerial of the site and surrounding area. Both
summer and winter diagrams will be prepared.
Task 7. Initial Study
Based on the project description prepared during Task 2 and technical studies prepared during
Task 3 -6, the Initial Study will be prepared for review by the City. Careful consideration will be
given to the development of mitigation measures.
Products: (1) Draft Initial Study (S copies plus digital copy).
Task 8. MND vs. EIR
At this point, based on the findings of the Initial Study and determination by City Staff, a
decision will be made. If the decision is the proceed with a MND, the Initial Study will be
finalized; a notice of intent to adopt a mitigated negative declaration will be prepared and issued
0'the County Clerk and as required by City Staff. This Scope of Work would then jump to
:.Task `I5, Public Hearings. If the decision is to prepare an EIR, the Initial Study will be finalized; a
'iiotice`of preparation will be prepared and issued to the County Clerk and State Clearinghouse
and as required by City Staff. This Scope of Work would then proceed to Task 9.
Products: (1) Distribution ready Initial Study (up to 20 copies and one reproducible
original; one digital copy)
(2) Applicable notice.
Task 9. Service Provider Letters
To supplement information obtained through the Notice of Preparation process, letters will be
submitted to each agency providing services to the project site. The letter will request
information from the agencies regarding existing and planned capacities, and their ability. to
serve the proposed development
Products: (1) Service provider letters (to be sent via first class mail).
Task 10. Scoping Meeting
A Scoping meeting will be conducted. Exhibits and handouts will be provided with input from
the City.
Products: (1) Scoping meeting
i Project Approach & Scope
t
EEG ISLAND PLAZA . Page 7
0 •
Task 1 1. NOP Comments
Both NOP and Scoping comments will be reviewed; EIR scope will be reviewed to ensure all
salient issues are being addressed. -If necessary, modifications to EIR or technical study scopes
will be discussed. .
Task 12. Screencheck Draft EIR
A Screencheck Draft EIR (SCEIR) will be prepared for the City review and comment The
SCEIR will be a complete draft document, containing all sections of the Draft EIR. It will be
prepared in clear, concise language with ample use of exhibits and graphics to illustrate key
project issues. Anticipated contents of the SCEIR are identified below:
I. SUMMARY — This section includes: Summary Project Description; Areas of Controversy
and Issues to be Resolved; Summary of Impacts and Mitigation Measures; Summary of
Project Alternatives. The summary will contain a matrix of project impacts, mitigation
measures and. significance after mitigation by environmental topic.
2. INTRODUCTION — This section includes: Purpose, Intent and Scope; Authority; Project
Proponent;,,Incorporation by Reference from other documents; Relationship of the Project
to,Other,P,lanning Documents; Effects Found Not to be Significant
3. PROJECT - DESCRIPTION — (See Task 2 discussion, above.)
4. ENVIRONMENTAL ANALYSES — This section provides an assessment of each
environmental topic identified as potentially significant in the project Initial Study (Task 3,
above). This assessment includes: discussions of environmental 'setting and existing
conditions; thresholds of significance (based on CEQA guidelines, City Procedures for the
Implementation of CEQA, and direction from City Staff); project impacts; mitigation
measures; and impacts after mitigation. Environmental topics expected to be addressed in
the EIR include: Land Use, Aesthetics, Population and Housing, Traffic and Parking, Air
Quality, Noise, Geology and Soils, Hydrology /Drainage/Stormwater, Hazardous Materials,
Public Services and Public Utilities.
S. PROJECT ALTERNATIVES _ The EIR will analyze up to three project alternatives: two
alternative development scenarios and the mandatory "no project" alternative. Each
alternative will be evaluated according to the environmental topics covered by the EIR;
quantitative analyses of each alternative for traffic, noise, air quality and shade and shadow
will be included. A matrix summarizing the alternatives and their impacts will be prepared;
the alternatives will be rated, and the environmentally superior alternative identified.
6. SIGNIFICANCE AFTER MITIGATION — This section will include a summary of: Irreversible
unavoidable impacts; Growth Inducing Impacts;, Cumulative Impacts.
7. INFORMATION SOURCES — This section will contain: Bibliography; Persons and
Organizations Contacted; Preparation Staff.
8. PROJECT GLOSSARY — A listing of technical terms and acronyms used in the EIR will be
provided at the front of the document to assist the community in their review of the EIR.
Products: (1) SCEIR (5 review copies plus digital copy).
Project Approach & Scope
BIG ISLAND PLAZA - Page 8
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Task 13. Draft EIR
Subsequent to receiving and incorporating the City input, the Draft EIR (DEIR) will be prepared
and distributed.
Products: (1) DEIR (20 paper copies, one original, 25 CD Rom copies; mailing of NOA via
first class mail to up to 30 recipients; mailing to State Clearinghouse and County Clerk via
overnight mail).
Task 14. Responses to Comments / Findings and Statement of Overriding
Considerations if Final EIR
Following the public review period for the DEIR, responses to comments received will be
prepared for review and comment by the City. Tasks include:
• Prepare draft responses to comments.
• Prepare final responses to comments.
• MITIGATION MONITORING :.MATRIX,.—' A Mitigation Monitoring Matrix will be
prepared,_ identifying, implementation;;resoonsibility for any and all mitigation measures
identified inxhe' €IR. G; =<
®-FINAL EIR Prepare a Final EIR incorporating comments, response to comments and
mitigation monitoring matrix:
® STATEMENT OF FINDINGS AND OVERRIDING CONSIDERATIONS (SOC) — These
elements will be prepared as required by CEQA.
Products: (1) Response to comment letters (assume 40 hours of required response
preparation time); Findings and SOC as required.
(2) FEIR (5 copies plus one digital)
Task 15. - Public Hearings
Attend and present at public hearings as required.
Products: (1) Public Hearings (two).
Task 16. Notice of Determination
Within five days of MND or EIR certification, the Notice of Determination will be prepared and
fled. Payment of County and De Minimus filing fees will be the responsibility of the City or
applicant-
Products: (1) NOD, copy to State and /or County).
Frojecc Approach & Scope -
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