CC - Item 4I - Phil Martin & Associates Inc Contract Agreement•
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: ANDREW C. LAZZARETTO, CITY MANAGE
DATE: MAY 29, 2007
SUBJECT: PHIL MARTIN & ASSOCIATES INC. CONTRACT AGREEMENT
SUMMARY
The City has received an application from the DoubleTree Hotel proposing to expand the
size of the hotel by 70,000 square feet. 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 PMA.
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 (Attachment C). The RFP requested
consultant services to prepare all of the appropriate California Environmental Quality Act
(CEQA) documentation and studies. Thirteen firms were contacted and three submitted
formal bid proposals.,
The approval of this contract will allow staff to manage the environmental review process
without overextending existing resources while providing a comprehensive analysis to
study the impacts that such a development would have on the surrounding neighborhoods.
All associated studies will be completed prior to conducting the required public hearings
before the Planning Commission and City Council.
APPROVED FOR CITY COUNCIL AGENDA:
1.
City Council Report
May 29, 2007
Page 2 of 2
PUBLIC NOTICE PROCESS
This item was not a noticed public hearing item.
Submitted Iby:
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Jesse u
Interim Community Development Director
Prepared by:
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Brad Johnson
Planning Services Administrator
Attachment A: Draft Contract Agreement
B: Proposal by PMA for DoubleTree Hotel Addition
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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 Phil Martin & Associates, Inc., a California Corporation
with its principal place of business at 1990 West Corporate Way, Anaheim, CA 92801
( "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 addition to the existing Double Tree Hotel ( "Project')
referred to as Design Review 07 -145 and Conditional Use Permit 01 -820 (MOD) 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.
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3.2 Responsibilities of Consultant.
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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 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 terms 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 or timely
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. I '
3.2.5 City's Representative. The City of Rosemead hereby designates Phil
Martin or his /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 Bill
Kunzman 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 professionals in the same
discipline in the State of California. Consultant represents and maintains that it is 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 coverage:
(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 or the 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 any way.
(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, hired or
- ° borrowed by ,the-Consultant or for which the Consultant is responsible; 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 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.
Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall
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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. All
certificates and endorsements.must be received and approved by the City before work
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 incompliance 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 Fifty One Thousand (51,000) dollars for
the Mitigated Negative Declaration (MND) or Eighty Two Thousand and One Hundred
(82,100) 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
rendered by Consultant. The statement shall describe the amount of Services and
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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
California'Labor Code Section 1720 ef;ss ,and 1770, et sec., as well as California Code
of Regulations, Title 8; Section 1600, et secj:,'( "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.
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3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. The 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) 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 shall-.be subject:to.,the.prio,r .approval pf, the City. Such actions shall
include, without limitation:
3.5.1.2.1 Halting the performance of all Services and other
work under this Agreement on the dates) 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 the 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: Phil Martin & Associates, Inc.
1990 West Corporate Way
Anaheim, CA 9201
Attn: Phil Martin, President -
CITY: City of Rosemead
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 Agreement shall 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 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, pf o"togiaphs 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 anyjudgment, 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
COMPENSATION PROVIDED FOR IN PARAGRAPH 3.3 OF THIS AGREEMENT... -''r
, `�' ," NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT; IN:NO EVENT -
SHALLTHE CITY BE LIABLE, REGARDLESS OF WHETHERANYCLAIM IS;BASED_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 matter 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 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.
3.5.17 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
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 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 sub
consultants 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, 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
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Page 14 of 15
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.shall'constitute.an original.
15.24. Survival The following provisions will survive any termination or
exniration of this Aareerrient Paragraphs 3.2.10, 3.5.3 (including all subparagraphs),
3.5.4:3.5.5. 3.5.6. 35.7 3`5.8'and 3.5.
3.61 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 PHIL MARTIN & ASSOCIATES, INC.
BY:
John Tran
Mayor
Attest:
By:
Nina Castruita
City Clerk
Approved as to Form:
A
Bonifacio Bonny Garcia
City Attorney
M
Phil Martin
President
r lyllu
Phi Martin & Associates, Inc.
Mar 16. 2007
Mr. Brad Jolurson
Plamung Services Administrator
Clth of Rosemead
88.8 E. Vallee Boulevard
Rosemead. CA 91770
RE: Double Tree Hotel Addition
Dear Mr. Johnson:
This letter updates the pricing in my February 26. 2007 letter to prepare a Negative Declaration or
Mitigated Negative Declaration for.the above project. My cost to prepare a Negative Declaration is
$47900 and a Mitigated Negative Declaration is $51.000. This is a firm offer for =0 -days.
Should you have questions please contact me.
Sincerely.
Phil Martut
President
4 #1
Phil Martin F Associates, Inc.
February 26, 2007
Mr. Brad Johnson
Planning Services Administrator
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Dear MT. Johnson:
It is my understanding the City received my proposal to prepare an Environmental Impact Report for the
Double Tree Hotel Addition project. In addition, George Agaba requested prices to prepare a Mitigated
Negative Declaration and Negative Declaration for the'pr6ject, in addition to my price to prepare an
Environmental Impact Report.
My price to prepare a Negative Declaration is 555,100 and a Mitigated Negative Declaration is 558,200.
This is a firm offer for 30 -days.
Should you have questions please contact me.
ncerely,
Ilk, I
Phil Martin
President
1990 West Coroorata Way v kab.Eh, CA 92801 !; 71449[3.1519 6' 714490.1520 Fax
1;
Phil Martin &: Associcfes, Inc.
February 26, 2007
Mr. Brad Johnson
Planning Services Administrator
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Dear Mr. Johnson:
E
Phil Martin & Associates, Inc. is pleased to submit the following proposal as its formal interest to prepare
the required CEQA related document and technical studies for the "Double Tree Hotel Addition" project.
Our attached scope of work is based on the City of Rosemead Request For Proposal dated February 12,
2007 and includes a detail description of the proposed work effort to prepare either a Mitigated Negative
Declaration or Environmental Impact Report. The environmental document shall comply completely
with the criteria, standards, and procedures of the California Environmental Quality Act (CEQA) of 1970
(Public Resources Code Sections 21000 et seq.); the State CEQA Guidelines (California Administrative
Code Section 15000 et seq.), as amended.
Mr. Phil Martin is authorized to bind Phil Martin & Associates, Inc. and the contact person with the
authority to negotiate and contractually bind the company. This is a firm offer for 30 -days.
Should you have questions about the proposed scope of work, please contact me.
Sincerely,
Phil Martin
President
1990 wesi Corporate way _' Anaheim CA 92891 ti 714490.1919 E_ 714499.1529 lax
0
Section
Table of Conte6ts
P_ age
Double Tree Hotel Addition CFQA Proposal — City of Rosemead
Fcb�ia-y 26, 2007
Page i
CONTACTINFORMATION ............................ ....... .........................................................
I
11.
FIRM PROFILE ................... ... ................ .. ........... .... ........
....................1
III.
RELEVANT EXPERIENCE AND SKILLS ............... ..... .................................................
I
N.
PROJECT APPROACH ....... ... ...........................................................................................
3
V.
PROJECT TEAM ..................................................... ...........................
,,q.
RESUMES OF KEY PROJECT PERSONNEL ................. .................................................
3
VII.
DOCUMENTATION OF RECENT PROJECTS ......... : ................ : ....................................
\7111.
CURRENT AND ACCESSIBLE REFERENCES ... ....................................
....................... I
LK.
COST BREAKDOWN ..................... ............................. - .... -* .........................................
F..)
4
X.
TIMELINE .... .......... ....................... ............. .............
X1.
INTRODUCTION /PROJECT APPROACH .... .. .. ...... . .... . .......................
.. .... 4
xii.
SCOPE OF WORK ..... .. ......................... ........... * ... ....... .... ..... ..............................4
...... 13
xjB.
INSURANCE ....................................................................... .... ....... ** ......
.......
XIV .
NEEDED INTFOR . 10ATION ................................................................. * ........
... * ............ ... 13
APPENDIX A — Statement of Qualifications/Rc' umes/Ratc Schedules
Double Tree Hotel Addition CFQA Proposal — City of Rosemead
Fcb�ia-y 26, 2007
Page i
I. CONTACT INFORMATION
Mr. Phil Martin is authorized to.negotiate and contractually bind the company. His contact inforination is:
Phil Martin
Phil Martin S Associates, Inc.
1990 W. Corporate Way
Anaheim, CA 92801
Telephone (714) 490 -1519
Fax (714) 490 -1520
Email pmartin (amlrilmartinascociates.com
IL FIRM PROFILE
Phil Martin & Associates, Inc. has been in business since 1994. It is a California corporation based
in Anaheim, California. Mr. Martin is the sole employ of the company. The companyhas prepared a
wide variety of CEQA related documents from Mitigated Negative Declarations to Environmental
Impact Reports. The company has the capability to prepare numerous projects simultaneously
without affecting document quality or project schedule. The philosophy of the company is to prepare
enviromnental documents to comply with CEQA at a reasonable price while meeting the schedule
needs of the client. A list of recently completed CEQA documents and a rate schedule is included in
the company's Statement of Qualifications; which is attached as Appendix A.
ill. RELEVANT EXPERIENCE AND SHILLS
Phil Martin has prepared enviromnental documents for compliance with the California
Environmental Quality Act since 1978. He has personally authored or co- authored over 400
documents, including EIRs, Negative Declarations, Mitigated Negative Declarations; and
Environmental Assessments. Mr. Martin has prepared environmental documents for a wide variety
of projects including sub - divisions, specific plans, regional malls, hotels, office buildings,
geothermal facilities, and wood -fired power plants. A brief description of recent related projects is
presented below. Current and accessible references that have specific experience with Phil Martin
are also listed. Additional project experience and references are available upon request.
PROVIDENCE CENTfER — Fullerton, California
Phil Martin & Associates prepared a Mitigated Negative Declaration for a mixed -use
retail /medical office project for a 6.7 -acre site near St. Jude Hospital in Fullerton. The
project includes the demolition of approximately 44,500 square feet of existing retail and
commercial space and surface parking to develop 10,400 square feet of retail use, a 3,250
square foot food court with 4,750 square feet of seating area, 12,000 square.feet of second
Door medical office, a three -story medical officebuilding with approximately 84,405 square
feet, and the construction of a four level parking structure with 549 parking spaces. The
MND was adopted by the City of Fullerton in January 2006. Services provided included the
preparation of an initial MND and a revised MND due to a project revision. The period of
work was from December 2004 to January 2006. The budget for the MND was $57,000.
Double Tree Hotel Addition CEQA Proposal — City of Rosemead Page 1
February 26. 2007
Contact:
Mr. Jay Eastman
Senior Plainer
City of Fullerton
303 W. Commonwealth Avenue
Fullerton, CA 92832
(714) 738 -6549
SAMS CLUB
Phil Martin & Associates prepared an Environmental Impact Report for the City of Fountain
Valley to demolish an existing SAMS Club and construct a new Sam's Club in its place. The
project proposed to redevelop a 13.48 -acre site at the southwest conger of Warner Avenue
and Brookhurst Street in Fountain Valley to include the demolition of the existing SAMS
Club and other commercial buildings on the site and construct a new SAMS Club along the
souther: project boundary, a Carl's Jr. restaurant adjacent to Brookhurst Street, a SAMS
Club members' only gas station at the northern end of the site, and develop a pad for a future
office building, retail store, or stand -alone restaurant. The project totaled approximately
.133;908 square feet, which included the SAMS Club, Pad `B ", and the Carl's Jr. restaurant.
" The existing buildings on the site total ed.approximately 183,750 square feet. Therefore, the
project totaled approximately 49,842 square feet less than the existing buildings on the site.
The EIR was certified in September 2004. Services provided included the preparation of an
EIR from April 2002 to March 2003. The project budget was 551,800.
Contact:
Mr. Andy Pei ea
Planning Director
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
(714 -) 593 -4426
EAST CYPRESS CORRIDOR SPECIFIC PLAN "
Phil Martin & Associates prepared an E1R for the East Cypress Corridor Specific Plan, which
includes the development of mixed -uses for a 2,546 -acre site. The project proposed up to
5,6091 residential units (detached and attached units), 92:6 acres of commercial use (638,600
square feet); 52.6 acres of public schools (2 elementary, one middle), 152.3 acres of a man-
made lake, 190 acres of open space /easements, 20.5 acres of existing and proposed gas well
sites, 122.1 acres of wetlands /dunes, 112.5 acres of flood - control levees (46,100 linear feet),
101.7 acres of parks (neighborhood and community), 5.7 acres of light industrial use
(166,356 square feet), 37.3 acres of commercial recreation (162,500 square feet) and a 6 -acre
beach club. The Final E1R was certified in March 2006. Services provided included the
preparation of three initial studies, a DE1R, a Recirculated DEIR, and a Final EIR from
August 2004 to March 2006. The project budget was S 167,000.
Double Tree Hotel Addition CEQA Proposal — City of Rosemead Page 2
Febmary 26. 2007
o •
Contact:
Ms. Rebecca "7illis
Community Development Director
City of Oakley
3231 Main Street
Oakley, CA 94561
(925) 625 -7006
IV. PROJECT APPROACH
Phil Martin will be the Project Manager to provide the enviromnental services necessary to the City
of Rosemead for the proposed Double Tree Hotel Addition project. Mr. Martin will be responsible
to prepare the envirommnental impact report, including coordination with the sub - consultants for the
preparation of their special studies, submittal of documents to city staff, printing and mailing of all
documents, coordination with staff to ensure all required public notices are published as required by
CEQA, and minimize staff time towards preparation of the environmental document.
V. PROJECT TEAM
Phil Martin & Associates,. Inc. will contract with two sub-consultants for the preparation of the
requested special studies. The consultant team includes Phil Martin as the Project Manager and the
following sub - consultants: a) Matt Jones of Mestre Greve Associates m charge of preparing the an'
quality and noise studies; and b) Joe Foust with Austin Foust Associates in charge of preparing the
traffic and circulation report. Mr. Martin will be the day -to -day contact person throughout the
proj ect.
VL RESUMES OF KEY PROJECT PERSONNEL
A brief summary of the qualifications of each firm, along with resumes of key individuals and their
respective rate sheets are provided in .Appendix A.
VII. DOCUMENTATION OF RECENT PROJECTS
Section IJI above provides information on three relevant projects.
VHI. CURRENT AND ACCESSIBLE REFERENCES
Section III above provides tluee current references for Phil Martin specifically. Additional
references are available upon request.
IX. COST BREAKDOWN
The fixed fee cost to prepare an Enviromnental Impact Report based on our proposed scope of work
is $52,100 and does not include printing or mailing costs. All printing and mailing costs will be
invoiced at time and materials.
Double Tree Hotel Addition CEQA Proposal — City of Rosemead
Page 3
February 26, 2007
X. TIMELINE
The preliminary schedule to prepare an EIR is based on a start date of March 1, 2007 and timely
screen check reviews by City staff of the required deliverables. Our schedule to prepare the EIR is
provided below:
Environmental Impact Report:
A. Kick -off meeting — March 2, 2007
B. Submit Screen Check Initial Study and Notice of Preparation to City — March 16,
2007
C. Receive staff comments to Initial Study and Notice of Preparation — March 23, 2007
D. Incorporate staff comments and mail. Notice of Preparation— March 28, 2007
E. Submit Administrative Draft EIR, MMRP, and Technical Appendices to.City —June
6, 2007
F. Receive staff comments to the DEIR— June 27, 2007
G. Mail Public Draft EIR — July 112 200.7
H. DEIR Review period — July 12 — August 27, 2007
I. Submit Administrative Final EIR — September 11, 2007 -
J. Mail Final EIR — September 25, 2007
K. Plamning Commission/City Council hearings — October/November 2007. .
L. File Notice of Determination — November 2007
X1. INTRODUCTION /PROJECT APPROACH
The project requirements include the preparation of an EIR and technical studies to evaluate the
potential environmental impacts associated with the development of the proposed Double Tree Hotel
Addition project on approximately 6.83 acres. Based on the City of Rosemead February 12, 2007
RFP, the project will be developed in two phases. The first phase includes the construction of 60
new guest rooms, which will increase the hotel from 150 existing guest rooms to 210 guest rooms
and 'a lobby of approximately 14;029 square feet. Phase 2 includes the construction of a 12,712
square foot ballroom with 500 seats and a four -store parking structure for 377 parking spaces.
Phil Martin & Associates, Inc. .proposes the following scope of work to prepare an EIR for the
project: 1) prepare an Initial Study/Ntotice of Preparation; 2) submit the Initial Study/Notice of
Preparation to the City for review; 3) mail the Initial_ Study/Nrotice of Preparation for review; 4)
submit an administrative DEIR to staff for review and connnent; 5) incorporate staffs DEIR
conrinents; 6) mail DEIR for a minimum 45 -day public review period; 7) respond to comments and
submit an administrative Final EIR to staff for review and cornrnent; 8) incorporate staffs' comments
into the Final EIR; 9) mail Final EIR at least 10 days prior to its certification; 10) prepare a
Statement of Overriding Considerations; if required; 11) attend planning commission and city
council hearings in support of the Final EIR; 12) file a Notice of Determination with the County
Clerk.
XII. SCOPE OF WORK
The detailed scope of work to prepare an Environmental Impact Report (EIR) for the proposed
Double Tree Hotel Addition project is provided below.
Double Tree Hotel Addition CEQA Proposal — City of Rosemead Pa°° 4
February 26, 2007
• •
The project requirements include the preparation of an EIR, including technical studies (traffic,
noise, air quality) to evaluate the potential enviromnental impacts associated with the development
of the proposed Double Tree Hotel Addition project on approximately 6.83 acres.
J
A. Kick -Off Meeting
Upon authorization to proceed and sigrnature of a contract, Phil Martin will meet with City staff to
discuss the project, finalize a schedule and obtain all documents requested to begin preparation of the
Initial Study/Notice of Preparation.
B. Prepare Initial Study and Notice of Preparation
Within approximately two weeks after the kick -off meeting and receipt of a complete project
description, including site plan and all requested documents, Phil Martin & Associates, Inc. will
submit the Initial Study Notice of Preparat on to the City for review. The Initial Study/Notice of
Preparation will follow a format acceptable to the City and include a completed Environmental
Checklist Form and written explanations as to how each enviromnental discipline will or will not be
impacted by the project. The Uiitial Study/Notice of Preparation will include a complete project
description, figures showing thc-lokation of the project from regional and local standpoints, the
proposed land use plan, and a U S.G.S. topographic map wi8n the project boundary clearly identified.
The Checklist explanations will address potential environmental issues associated with the project,
including traffic and circulation, air . quality, and noise, along with a completed escr piton of all other
environmental topics in the Initial Study Checklist. The completed Initial Study will reflect
information gathered during field reconnaissance, research and investigation, various public agency
consultation, project information, etc.
Once completed, copies of the Initial Study will be submitted to City staff. Staff will submit their
changes /contents to Phil Martin & Associates, Inc. The City's comments will be incorporated into
the Initial Study/Notice of Preparation and copies printed for mailing.
Phil Martin & Associates, Inc. will prepare a distribution list of all responsible agencies, individuals,
and special iinrerest groups that must receive all documents pursuant to CEQA. We will identify the
agencies and individuals that are required to be contacted per Sections 15096 and 15381 of the
CEQA Guidelines and subnvt the list to staff for approval. In addition, staff shall provide Phil
Martin & Associates, Inc. with the names and addresses of any individuals, organizations, on file
with the City that have requested to be contacted subject to Section 15082 of the CEQA Guidelines.
A final distribution list will be submitted to staff for approval. Phil Martin& Associates, hc will
send copies of the Initial Study and all CEQA required documents to the agencies, individuals, etc.
on the approved distribution list.
Phil Martin & Associates, Inc will mail the Initial Study/Notice of Preparation for review. We will
prepare a cover sheet to be mailed along with the document that will briefly describe the project,
state the time period to submit written comments and the name, address, and telephone number of
the City contact for all correspondence submitted. The Initial Study/Notice of Preparation will be
mailed by certified mail with all certified mailing receipts provided to the City for its records.
Pale
Double Tree Hotel Addition CEQA Proposal — City of Rosemead
February 26, 2007
C. Prepare Draft EIR
Phil Martin & Associates, hx. will begin preparation of'a Draft EIR once the Initial Study and
Notice of Preparation are mailed. We will reference the Rosemead General Plan; General Plan EIR,
certified environmental documents for other applicable projects in the area, and all other applicable
public resource documents to prepare the EIR for this project. Based upon our experience preparing
ETRs for these types of projects, in conjunction with the issues identified in the RFP, we propose the
following scope of work to prepare an EIR in compliance with CEQA:
i. Executive Summary
A table will summarize the potential project impacts, mitigation measures, and the impacts after
incorporation of the recommended mitigation measures for each envirorunental discipline evaluated
in the EIR.
ii. , Introduction and ,Purpose
Overview. This section will provide adetaileddescriptioq, oftlie project and the purpose of the EIR.
Statutory Authority. This section will cite the sections of CEQA that require the ETR and the
section of CEQA to which the EIR must comply.
I ssues to Be Addressed. This section will list the environmental issues that will be addressed in the
EIR based on completion of the Initial Study checklist and responses that are received during the
Notice of Preparation.
Organizations Affiliated With the Project. The Lead Agency, project applicant and the
environmental consultants' name, address, telephone number and contact person will be listed in this
section.
Project. Alternatives. This section will briefly describe the project alternatives that will be
discussed in the EIR and identify the preferred project alternative.
Areas Of Controversy/Issues To Be Resolved. This section will sunmmarize the issues that were
raised by those agencies /individuals responding to the Notice of Preparation and identify the
agency /individual that made each respective comment.
iii. Project Description
A complete and detailed project description will be provided in the EIR. All project information
including, but not limited to, site plan, building elevations, infrastructure plans, circulation system,
etc. available from the applicant and City will be incorporated to thoroughly and accurately describe
the project. The project description will be referenced as the basis for the CEQA analysis.
Project Location and Boundaries. The project will be described narratively and to aid in the
description, a realonal mall, local vicinity snap, U S.G.S. topographic map as recommended by
Double Tree Hotel Addition CEQA Proposal — City of Rosemead Page 6
February 26;2007
CEQA depicting the boundary of the project, and aerial, photograph showing the project site and
surrounding land uses will be provided.
Environmental Setting. This section will describe the setting of the City of Rosemead in general.
Lrcluded in the general overview description will be information about the population of the City of
Rosemead, geographic location in relation to surrounding cities, types of industry, housing, etc. The
existin- land uses on the site and in the immediate project area will be described in detail along with
surface photographs of the site and the surrounding area.
The Intended Use of This EIR. This section will list and describe in detail the intended use of the
EIR and the discretionary approvals the EIR will be referenced in the future in conjunction with the
required discretionary project approvals.
iv. Cumulative Projects to be Considered
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 proj ects that have been entitled but not constructed; projects that
are not entitled; but in the planning process; and reasonably foreseeable future projects. When
required by CEQA, mitigation measures will be recormnended to mitigate cumulative _project
impacts. A map showing the location of the cumulative projects along with a list of each.project
with a brief project description will be provided.
Phil Martin will meet with staff and identify the cumulative projects that will be evaluasted along
with the project to determine cumulative impacts. The brief description of each cumulative project
along with a map showing the location of each project will be provided. The list of cumulative
projects will be referenced throughout the EIR to determine the cumulative impacts of the project.
V. Environmental Analysis
The enviromnental analysis for. the project will include the following:
Environmental Setting, Project Impacts, Mitigation Measures, and Unavoidable Adverse
Impacts. The env iromnental disciplines listed below will be addressed in the EIR and include an
environmental setting, project impact, mitigation measure and unavoidable adverse impact sections.
Each project impact section will state City threshold criteria that will be used to evaluate significant
environmental effects with approval and development of the project.
Based upon our experience preparing E1Rs for similar projects and the potential issues listed in the
RFP, the following environmental disciplines will need to be addressed to comply with CEQA:
Air Qualitv
Mestre Greve Associates will prepare an air quality analysis for the project. The existing air
enviromnent will be described in terms of meteorology, local topography affecting pollutant
dispersion, and ambient air monitoring data. A summary of current air nnanagement efforts
Double Tree Hotel Addition CEQA Proposal — City of Rosemead Page 7
February 26; 2007
that may be related to the proposed project will be provided with particular emphasis on the
draft 2007 AQMP, and the requirements for air quality assessments identified in the
SCAQMD's CEQA Handbook. Sensitive receptor areas within the project vicinity will be
identified. The project emissions would be compared to air emission significance thresholds.
The air quality impacts of the proposed project can be divided into the short-term. dust
generation, local impacts and long -term regional air pollution increases.
Shots -term dust and emission generation due to demolition and construction activities will be
forecasted. These emissions will be compared to the thresholds contained in the SCAQMD
CEQA Air Quality Handbook. The URBEMIS model or a similar methodology will be used.
Measures to reduce dust generation are required by the South Coast Air Quality Management
District. Additionally, measures are contained in the 2007 AQMP for control of construction
activity emissions, and these also will be included in the list of mitigation measures.
Long -term emissions will be generated due to increased traffic, the combustion of natural
gas, and the generation of electricity. The emissions generated by these sources will be
assessed and compared SCAQMD significance thresholds to potential regional air quality
impacts. A detailed discussion of the consistency of the project with the AQMP.will be
included.
Mitigation measures will be developed to reduce significant air quality impacts to the extent
possible.
Geoloav and Soils
Phil Martin & Associates will reference the City of Rosemead General Plan, General Plan
EIR, and any other approved documents on file with the city for information on soils and
geology for the project. Based on this information, the EER will include recol unendations
and/or mitigation measures to allow development of the project from a geotechnical and soils
standpoint. Phil Martin and Associates will not prepare a site - specific soils and geology
report, rather we will rely on existing city documents.
Hydrol0u,y
This section will incorporate hydrology information from the General Plan and any other
applicable documents on file with the city to address the existing hydrology conditions. The
hydrology section will address the existing hydrology and water quality issues associated
with the site at the present time and the impact of the project on the existing facilities. The
regional and local hydrology including storm drain facilities that serve the site will be
identified. This section will also evaluate how future storm drain facilities per the master
plan will apply to the project. Interim flood control facilities during construction as well as
ultimate facilities that maybe required for the project will be discussed and identified. This
section will also address and analyze both regional and ou -site water quality issues of the
project. including treatment of storm water runoff prior to site discharge.
Land Use
Double Thee Hotel Addition CEQA Proposal — City of Rosemead Page 8
February 26, 2007
This section will discuss the consistency of.the project with the City of Rosemead General
Plan and zoning., This section will also evaluate the consistency of the project with the
current general plan update to detennine if the project is consistent with that document. This
section will discuss the compatibility of the project with the surrounding land uses and
include surface photographs of the project site including the existing uses, the area proposed
for development, and the land uses surrounding the site. Mitigation measures will be
recommended when required by CEQA to mitigate land use impacts.
Noise
Mestre Greve Associates will prepare a noise assessment to evaluate the potential noise
impacts of the project. The FHWA highway noise model (" FHWA Highway Traffic Noise
Prediction Model," FHWA -RD -77 -108) will be used to describe existing noise levels in the
project vicinity. Community noise standards relevant to this project are contained in the City
of Rosemead Noise Element and Noise Ordinance. Standards for the City of Rosemead will
be summarized and their relevance to the project discussed.
The potential noise impacts can be divided into short-term construction noise and impacts on
..surrounding land uses. The types of construction and demolition equipment that will likely
be; used and the duration of construction will be identified. Typical construction and
demolition noise levels will be presented for nearby areas. The application of the City Noise
r Ordinance to control construction noise will be discussed.
The noise impacts associated with the project traffic on adjacent land uses will be assessed in
terms of the Community Noise Equivalence Level (CNEL) noise scale. The increase in noise
levels due to the project will be determined. Areas that will experience a significant noise
increase will be identified. For the project scenario, the absolute noise levels experienced in . .
these areas will then be determined and the resulting land use /noise compatibility discussed.
Traffic noise levels that impact the project. site will also be assessed for compatibility with
the proposed land uses. Noise levels within the project area will be determined and
compared to noise /land use compatibility guidelines in the City Noise Element.
Mitigation strategies will be identified as needed for the control of noise levels within the
project site. Measures will be developed as necessary to mitigate on -site noise impacts.
Public Services
This section will evaluate the potential impacts of the proj ect on the public services needed
to serve the project, including police and fire protection, solid waste, and schools. Service
letters will be sent to each respective public agency to solicit their comments with regards to
impacts of the project on their respective service and provide mitigation measures when
required by CEQA to reduce impacts.
Transportation and Traffic
Austin Foust Associates will prepare a traffic study for the project. Austin Foust will follow
the local Congestion Management Program (CMP) Traffic Lmpact Assessment (TI_A)
Double Tree Hotel Addition CEQA Proposal — City of Rosemead Page 9
February 26. 2007
0 •
guidelines to assess the traffic that, will be generated by the project. The existing hotel site is
located adjacent to the SR -60 Freeway at the San Gabriel Boulevard interchange across from
the Montebello Town Center. The project site helps clearly define the potential traffic
impact area (i.e., the immediate surrounding area including the freeway ramps and the City
street intersections. Austin Foust does not believe that project traffic will have an impact
beyond the two adjacent freeway interchanges. Austin Foust estimates that approximately
10 -12 locations will have to be evaluated, including the SR -60 Freeway -San Gabriel
Boulevard interchange with its four ramps.. Project could traffic will likely involve two
cities, Caltrans, and the County of Los Angeles, Austin Foust will use each agencies criteria
of significance for analysis to determine impacts. That is, the agency that has jurisdiction for
the traffic control at each respective intersection will determine the criteria utilized. Austin
Foust will meet with the City to finalize the area intersections that would most likely be
impacted by the project. The traffic report will include a trip generation table, distribute the
traffic on the local circulation system, and identify traffic and circulation impacts to the local
transportation system. Mitigation measures will be suggested when required to reduce traffic
impacts to acceptable levels.
Utilities and Service Systems
This section will evaluate the potential impacts of the project on public utilities including
water,•wasCe afci; storm drains, electricity, and natural gas. Service letters will be sent to
the public ag6hciesto solicit their comments with regards to impacts of the project on their
respective service:
The EIR will provide information for compliance of the project with Water Code Section
10912, including SB 610 and SB 221 that documents the water supplier has water supplies
available for the project and supplies are sufficient to meet the project's water demand.
Mitigation measures to reduce potential impacts to public utilities will be provided pursuant
to CEQA
D. Other CEQA Mandated Sections
Phil Martin -& Associates, lnc. will provide all other CEQA required sections including: a) a.
complete discussion of the irreversible envirotnnental changes that will result from the proposed
project; 2) unavoidable significant impacts, growth- inducing impacts; and c) those effects found not
to be significant. ,
In addition, Phil Martin & Associates, Inc. will provide the following sections in the EIR:
Alternatives
As required by Section 15126.6 of the CEQA Guidelines, the EIR will provide a discussion of
project alternatives. For the purposes of this proposal the project alternative section will include the
"No Project" and one additional altemative for a total of two project alternatives. This section will
discuss those alternatives that can either reduce or eliminate any significant enviromnental effects
that are identified in the EIR with development of the proposed project and are feasible to attain most
of the basic objectives of the project. The discussion of the project alternatives will not be as
detailed as the project. However, the alternative analysis will be detailed to comply with CEQA.
Double Tree Hotel Addition CEQA Proposal — City of Rosemead Paae 10
February 26, 2007
Each envirormmental discipline discussed in the EIR will also be discussed in each project altemative.
The project altemative will be selected in conjunction with staff to identify a reasonable alternative.
E. References, Persons And Agencies Contacted And EIR Preparation
This section will list all reference documents used to prepare the EIR and all persons, agencies and
individuals contacted dining preparation of the EIR.
F. Appendices
An appendix to the EIR will include a copy of the Initial Study, Responses to, the Initial Study,
Responses to the DER, and all teclurical reports referenced during preparation of the EIR.
G. Mitigation Monitoring And Reporting Plan
Phil Martin & Associates, Inc. will prepare a Mitigation Monitoring and Reporting Plan (MMRP) as
required by Public Resources Code Section. 21081.6 for those measures in the EIR that are
recommended to mitigate potential significant impacts. The Mitigation Monitoring and Repeling.
Plan will list all-mitigation measures presented in the EIR and identify the depart ment and contact
Person with the City that will be responsible for monitoring the implementation of each nutigation
nmeasure.' We will follow a format acceptable to the City. Once the MMRP is completed, we will
submit the document to staff for review and continent. Once staff has completed the review we will
incorporate all continents and submit hard copies to the City.
H. Administrative Draft EIR
Once the Draft EIR is completed; administrative copies of the EIR will be submitted to staff for one
review. Staffs continents will be incorporated accordingly and copies printed ready for public
review.
I. Print And Mail Draft EIR
Phil Martin &Associates, hlc. will print and mail the Draft EIR to the agencies and individuals on
the distribution list as required by Section 15087 of the CEQA Guidelines. in addition, a DE1R will
be mailed to the County Clerk as required by CEQA.
J. Prepare Notice Of Availability And Notice of Completion
Phil-Martin & Associates will prepare and mail a Notice of Availability (NOA) and Notice of
Completion (NOC) as required by the CEQA Guidelines. The notices will be prepared in a format
acceptable to staff. The NOA will be mailed along with the DEIR.
K. Prepare Response To-Comments And Final EIR
After the Draft EIR minimum 45 -day review period has ended, Phil Martin & Associates, Inc. will
prepare a Final EIR as required by Section 15059 of the CEQA Guidelines. Phil Martin &
Associates, Inc. will prepare written responses to all comments received to the Draft EIR as required
Double Tree Hotel Addition CEQA Proposal — City of Rosemead Page 11
February 26, 2007
by Public Resources Code Section 21091, subd. (d)(2)(A) and CEQA Guideline Sectioli 15088. The
Response to Comments in conjunction with the Draft E1R will comprise the Final EIR.
Once the Response to Comments document is completed, copies will be submitted to staff for review
and comment. Staff s changes will be incorporated and copies of the Final EIR mailed to the
agencies and/or individuals that submitted DEIR comments as required by Public Resource Code
Section 21092.5 (a). The responses will be sent at least ten days prior to the certification of the Final
EIR.
L. Public Notices
It will be the City's responsibility to publish all CEQA required public notices in the newspaper of
the availability of the Notice of Preparation, Draft EIR, and public hearings to certify the Final EIR.
Phil Martin & Associates, Inc. will prepare, submit, and record all CEQA require notices with the
appropriate public agencies, individuals, etc., including initial Study/Notice of Preparation, Notice of
Completion, Notice of Availability, and Notice of Determination.
NI. Candidate CEQA Findings
Phil Martin & Associates, Inc. will prepare Findings;,as,,required by CEQA Guidelines Section
15091. We will,follow a'for-rnat acceptable . to the'City,and submit a copy to staff for review. The
Findings will include the- specific- economic, socialeor;other conditions which render mitigation
measures or project alternatives infeasible if there are mitigation measures or project alternatives to
the project which could reduce the adverse consequences of the project, but are infeasible. Phil
Martin & Associates, hic. will incorporate staff's changes to the, draft Findings and submit a hard
copy to staff.
Phil Martin & Associates, Inc. will prepare a Statement of Overriding Considerations for the project,
if required per CEQA Guidelines section 15093. The Statement of Overriding Considerations will
follow a format acceptable to the City. Once completed, Phil Martin & Associates will submita
copy to staff for review. We will incorporate staff's changes and submit a hard copy to staff for its
use.
N. Attend Public Hearings
Phil Martin & Associates, Inc. has made allowances to attend two Planning Commission and two
City Council hearings. Attendance at additional public hearings at the written request of staff will be
extra and billed at standard billing rates.
O. File Notice Of Determination /Pay Fisb And Game Fee
Phil Martin & Associates will file a Notice of Determination (NOD) with the County Clerk as
required by Section 15094 of the CEQA Guidelines the day after the Final EIR is certified. Once the
NOD is filed and the proper Fish and Game fee paid, there is a 30 -day statue of limitation period the
public has to file legal challenges to the Final EIR. If no legal challenges to the adequacy of the
Final EIR are filed within this 30 -day period the certification of the Final EIR will be considered
final.
Double Tree Hotel Addition CEQA Proposal — City of Rosemead Page 12
February 26. 2007
0 r
X111. INSURANCE
Phil Martin & Associates, Inc. carries one million dollars of general liability. insurance and
professional liability insurance. Proof of insurance will be provided upon signature of a contract.
XJV. NEEDED INFORMATION
Phil Martin & Associates, Inc. will need the following infonnation to begin preparation of the Initial
Study:
a. Copy of the plarming application
b. Copy of the site plan, all building elevations, etc. (hard copy and electronic format)
C. Copy of City of Rosemead General Plan; General Plan EIR, updated General Plan
and associated eiviromnental document.
d. Soils and geoteclulical report
C. Electronic file of City of Rosemead Initial Study, NOI, MMRP.
f List of cumulative projects.
e
Double "free Hotel .Addition CEQA Proposal — City of Rosemead Page 13
February 26, 2007
APPENDIX A
Statements of Qualifications /Resumes/Rate Schedules
Phil Martin & Associates, Inca
Mestre Greve Associates
Austin Foust Traffic Engineers
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Double Tree Hotel Addition CEQA Document Proposal — City of Rosemead
February 26, 2007
0
PHIL MARTIN & ASSOCIATES, INC
Double Tree Hotel Addition CEQA Document Proposal — City of Rosemead
February 26, 2007
GAL
�J
Phil Martin & Associafes, Inc.
PHIL MARTIN & ASSOCIATES, INC.
Phil Martin has been providing environmental consulting services for compliance with the
California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA)
since 1978: Mr. Martin provides environmental consulting services to the private sector as well
as public agencies fora wide range of projects. The types of enviromnental services provided .
include the preparation of Initial Studies, Mitigated Negative Declarations; Envirormnental
Assessments, Program E1Rs, Project EIRs, certified mailings, public hearing presentations, etc..
Phil Martin & Associates also prepare the following support documents' ,for certification of
CEQA documents: Mitigation Monitoring Programs; Statement of Facts, Findings and
Overriding Considerations; Resolutions.
1 The types of projects that Phil Martin & Associates prepare environmental documents for are,
generally in one of the following categories:
Redevelopment Plans
Mr. Martin has prepared over forty (40) Program EIRs and Negative Declarations in conjunction
with the adoption of new redevelopment plans, plan amendments to add territory, redevelopment .
plan mergers, and extend the authority to use eminent domain.
Private Development Projects
Phil Martin & Associates, Inc. has prepared EIRs and Negative Declarations for private
development projects, including residential subdivisions, shopping centers, industrial parks,
regional shopping centers, hotels, light industrial, and specific plans.. Mr. Martin has also
prepared environmental documentation for industrial and manufacturing projects including an
ethanol plant, a fructose plant in Califomia and wood -fired cogeneration plants in California and
New York.
Hazardous Waste Proiects
Mr. Martin has prepared EIRs for private development projects that contained hazardous
materials. Two of the projects are located in the City of Antioch, adjacent to the San Joaquin
River.. One was a pilot project with Cal -EPA and the State of California Department of Toxic
Substance Control for permit processing. This was a joint project with the City of Antioch
Redevelopment Agency and a private developer to remove hazardous wastes from a site located
1990 West Corporate Way s_ Anahelm, CA 92801 t 714490.1519 i 714'.490.1520 FRY
adjacent to the San Joaquin River for residential development. The second site was also a
redevelopment project and consisted of developing a former wastewater treatment plant with
single - fancily detached homes. The site is contaminated with metals associated with a former
treatment plant. The site is located adjacent to a national wildlife preserve, which has several
rare and endangered plant species.
Williamson Act Cancellation
Phil Martin & Associates has experience removing property from a Williamson Act
(Agricultural Preserve) contract. Mr. Martin is processing the removal of a 90 -acre site in the
City of Coachella from a Williamson Act contract.
Other Experience
Mr. Martin has extensive experience providing govenunenta] services including project
entitlements for tentative and final tract maps, conditional use permits, variances, zone changes,
general plan amendments, grading plans and engineered improvement plans. We also conduct
due. diligence for developers prior to purchasing property., The governmental services and
project entitlement experience includes all types of residential, senior citizen , housing,
,commercial and industrial development.
Expert Witness
Mr. Martin has provided expert testimony in Superior Court regarding the adequacy of an
environmental impact report for compliance with the California Enviroimnental Quality Act.
Specific Project Experience
Private Dec elunient Projects — Project EIRs/Ne�ative Declarations
i Armstrong Ranch Specific Plan — City of Ontario Project EIR _
i Moreno Beach Marketplace (Lowe's Warehouse) — City of Moreno Valley.— Mitigated
Negative Declaration
i East Cypress Corridor 2,500 acre Specific Plan and fvmexation — City of Oakley —
Project EIR
i Mission Peak/Fallon Crossing — City of Dublin — Mitigated Negative Declaration .
National City Downtown Specific Plan — City of National City — Program EIR
i Providence Center Mixed Use — City of Fullerton, Mitigated Negative Declaration
i Pacific View Estates Residential Project — City of National City — Mitigated Negative
Declaration
➢ Home Depot — City of Fountain Valley — Mitigated Negative Declaration
➢ Costco — City of Fountain Valley — Mitigated Negative Declaration
➢ Newhope Design Center — City of Fountain Valley — Mitigated Negative Declaration
r Fountain Valley Senior Center — City of Fountain Valley — Mitigated Negative
Declaration
i Heritage Villas Senior Housing Project— City of Mission Viejo — Negative Declaration
i Heritage Villas Senior Housing Project — City of Mission Viejo — HUD Envirormrental
Assessment
i Vigilantes Semi- Professional Baseball Team Stadium at Saddleback College - City of
Mission Viejo — Mitigated Negative Declaration
North Point Apartment Complex City of Mission Viejo — Mitigated Negative
Declaration
Wal -Mart Store Connnunity Development Corrtnission of National City -
Environmental Impact Report
i ondominiums - Community Development Commission of National City
Bay Canyon C -
Mitigated Negative Declaration
9 SAMS Club - City of Fountain Valley - Project EIR
i .Arena Corporate Center - City of Anaheim — Project EIR
Southcast .Area Specific Plan - American Canyon — Project.EIR
r Morrell Family Trust Specific Plan - Riverside County — Project EIR
Woodcrest'Specific Plan - Riverside County— Specific Plan EIR
Wood Ranch Specific Plan - City of Simi Valley - Specific Plan EIR
Sakioka Fa_nns Specific Plan - City of Costa Mesa — Specific Plan EIR
i The Lakes Condominium Project - City of Costa Mesa —Project EIR
i Ritz,Carlton Specific Plan - City of Rancho Mirage — Project EIR
➢ Las Viigenes Ranch - Los Angeles County — Specific Plan EIR
➢ Home Place Shopping Center -City of Santa Ana —Project EIR "
➢ Sheraton Hotel - City of Santa Ana — Project EIR
MSI Manufacturing — City of National City — Negative Declaration
i IDS Manufacturing —City of National City — Mitigated Negative Declaration
i Trophy Lounge Restaurant — City of National City — Mitigated Negative Declaration
Redevelo meat Plaits - Program EIRs and Neg-adve Declarations
r Community Development Commission of National City — Downtown Specific Plan —
Program EIR
Community .Development Commission. of National. City - Redevelopment Plan —
Mitigated Negative Declaration
i Community Development Commission of National City - Amendment to Extend the
Authority to Use Eminent Domain — Mitigated Negative Declaration
i Chula Vista Redevelopment Agency— Redevelopment Plan Amendment and Merger -
Program EIR
r San Bernardino Economic Development Agency — 40`h Street Redevelopment Plan —
Program EIR
➢ Montclair Redevelopment Agency — Redevelopment Plan Adoption -- Program EIR
i Community Redevelopment Agency of the City of Palm Springs — Redevelopment Plan
Amendment for 9 Project Areas to Extend the Authority to Use Eminent Domain -
Negative Declaration
r Coronado Redevelopment Agency - Redevelopment Plan Amendment - Program EIR
i Mission Viejo Redevelopment Agency - Redevelopment Plan Adoption - Program EIR
•
Santa Ana Redevelopment Agency - Harbor Boulevard Redevelopment Plan Amendment
- Program EIR
r Santa Ana Redevelopment Agency South Main Street Redevelopment Plan Amendment
- Program EIR
i Santa Ana Redevelopment Agency - North Harbor, Liter -City, Central City
Redevelopment Plan Amendments - Program FIR ,
i Garden Grove Redevelopment Agency - Redevelopment Plan Merger Program - EIR
i Big Bear Lnprovement Agency - Redevelopment Plan Merger - Program EIR
San Marcos Redevelopment Agency - Redevelopment Plan Amendment - Program EIR
ii Palm Desert Redevelopment Agency - Redevelopment Plan Adoption Program EIR
i La Quinta Redevelopment Agency - Redevelopment Plan Amendment - Program EIR
Community Development Commission of National City - Redevelopment Plan
Amendment - Program EIR
i Santa Ana Fashion Square (Main Place) - Redevelopment Project - Program EIR
i Camarillo - Redevelopirient Plan Adoption - Program EIR
. -El Monte Redevelopment Agency - Redevelopment Plan Amendment - .Program EIR
r . Oakley Redevelopment.•Agency - Redevelopment Plan Amendment - Program EIR .
r Community- Development Conmrission of National City - Redevelopment Plan
Amendment.to Extend Authority to Use Eminent Domain Negative Declaration
community. Development Commission of National City - Redevelopment Plan for
Harbor Area - Program EIR
Burbank Redevelopment Agency - West Olive Redevelopment Plan Amendment to
Extend the Authority to Use Eminent Domain : Negative Declaration
Garden Grove Redevelopment Agency - Redevelopment Plan Amendment - Program
EIR
i Carlsbad Redevelopment Agency- Redevelopment Plan Amendment - Program EIR
Ha-ardous I4'aste Protects- Project EIRs'
i Delta Cove Residential Project - City of Antioch
Delta Dunes Residential Project -City of Antioch
Other Experience: -
PASHA Terminal Expansion - Port of Los Angeles - Enviromnental Lnpact Report
> Tentative Tract Map 30914 - County of Riverside - Mitigated Negative Declaration
➢ Wastewater Treatment Plan Expansion - City of Colton - Mitigated Negative
Declaration
i Five Water Tanks - City of American Canyon - Mitigated Negative Declaration
i 24 -inch Water Transmission Line Through Trabuco Creek, Orange County - Santa
Margarita Water District - Mitigated Negative Declaration
Construction of Two 1 o Million Gallon Water Tan ks Santa Margarita Water District -
Mitigated Negative Declaration
i Construction of Four Light hidustrial Office Buildings - City of Fountain Valley -
Mitigated Negative Declaration
Water Service Agreement - City of American Canyon - Mitigated Negative Declaration
➢ Expansion of the Point Vicente Interpretive Center - City of Rancho Palos Verdes -
Mitigated Negative Declaration
Wastewater Service Agreement -City of American Canyon - Negative Declaration
➢ Mountain View Ranch Specific Plan- Riverside County - Project Engineering
Entitlements
➢ Page Ranch Specific Plan - City of Hemet - Project and Project Engineering Entitlements
➢ Residential Tracts (Numerous) - City of Corona - Project and Project Engineering
Entitlements
➢ Shell Car Wash, Gas Station, and Convenience Store - City of Santa Aria - Project
Approval including General Plan Amendment, Zone Change, and Conditional Use
Permit.
➢ Due diligence for a .senior citizen housing developer for eight (8) projects located
throughout southern California.
Expert Witness
Provided expert' testimony in. Orange County Superior Court regarding adequacy of an
Environmental hnpact'Report with the 'California Environmental Quality Act for an individual
with,re�ards to eminent domain action oh`the take;of right -of -way adjacent to a service station.
Ilisurance
Phil Martin & Associates, Inc. maintains SI million of professional liability and Sl million
general liability insurance.
SCHEDULE OF FEES
EFFECTIVE JANUARY 1, 2007
Professional Staff
Hourly Rates
Support Staff
GISMapping ......... : ...................... .............
CAD Operator ............ ...............................
Word Processor .......... ...............................
GraphicArtist ............. ...............................
Clerical Support ........ ...............................
Mileage and Subsistence
AutoMileage ............................................... ...........A................... ...........................5034
Air Travel & Auto Rental ..............: .......... Cost plus 15%
....... ............................... .
Subsistencee .... ............................... Cost plus 15% (when work requires over -night stay)
Materials and Supplies
i. Cost. of reproductions billed directly to Client's account shall not have a multiplier
applied.
2. Outside services, such . as messenger, Federal Express, Express Mail; UPS,
reproduction, supplies, telephone, etc. are billed at actual cost plus 15 %. Per diem
charges are based on reasonable and actual costs.
;.
Any reimbursable expenses requested by the client subsequent to the completion of
our contract's scope of work shall be billed on a time and material basis. This
includes the cost of professional fees required to process this request.
4. Consultants - cost plus 15 %.
loon rA 92801 a.. 714. 490,1519 -,,- 7144901520 fox
tr °�s .YPi ��•
Phil
Marfin
c Wociates, Inc.
SCHEDULE OF FEES
EFFECTIVE JANUARY 1, 2007
Professional Staff
Hourly Rates
Support Staff
GISMapping ......... : ...................... .............
CAD Operator ............ ...............................
Word Processor .......... ...............................
GraphicArtist ............. ...............................
Clerical Support ........ ...............................
Mileage and Subsistence
AutoMileage ............................................... ...........A................... ...........................5034
Air Travel & Auto Rental ..............: .......... Cost plus 15%
....... ............................... .
Subsistencee .... ............................... Cost plus 15% (when work requires over -night stay)
Materials and Supplies
i. Cost. of reproductions billed directly to Client's account shall not have a multiplier
applied.
2. Outside services, such . as messenger, Federal Express, Express Mail; UPS,
reproduction, supplies, telephone, etc. are billed at actual cost plus 15 %. Per diem
charges are based on reasonable and actual costs.
;.
Any reimbursable expenses requested by the client subsequent to the completion of
our contract's scope of work shall be billed on a time and material basis. This
includes the cost of professional fees required to process this request.
4. Consultants - cost plus 15 %.
loon rA 92801 a.. 714. 490,1519 -,,- 7144901520 fox
TERMS AND CONDITIONS
1. Hourly rates apply to work time as well as travel time and waiting time which occur at public
hearings.
2. Statements will be submitted monthly for work in progress or upon completion of work.
Statements are payable upon receipt. Any statement unpaid after thirty (30) days shall be subject
to the maximum monthly interest charge provided by law on amounts thirty (30) days past due.
3. Client hereby agrees that the balance in a billing statement is correct and binding unless the
Client notifies the Consultant in writing within ten (10) days of the date of billing and informs
consultant of alleged incorrect item; provided however, the foregoing shall apply only to the
description of work performed as set forth in the billing statement and if after such ten (10) day
period Client discovers a mathematical error in the billing statement, Client shall not be bound
by the erroneous balance with Consultant hereby agrees to correct.
4. Consultant makes no warranty as to his findings; except that the.:workris performed using
generally accepted methods:- - ' '
5. Consultant makes no warranty that the project will be approved by ahygoventmental agency; nor
endorsed by any citizens group. '
6. The Client agrees to limit the Consultant's liability to the Client and to all Contractors and
Subcontractors on the project due to Consultant's material, willful and grossly negligent acts,
errors, or omissions, to the sum of 550,000 or to the Consultants fee, whichever is less.
7. In the event either party commences legal action to enforce this Agreement of the General
Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and
costs incurred in the action, in addition to all other relief to which the prevailing party is entitled.
S. In the event of a mid -phase contract I suspension, billings will be prorated to reflect tasks in
progress, except where a task was completed early, in which case it will be billed as if the task
were complete.
9. Client agrees and concurs that Consultant is obligated to only Client to perform and/or receive
direction or instructions on the project, and that Consultant is not obligated to perform and/or
take direction or instructions from Client's other Consultants or Sub consultants without prior
written notification and concurrence by Consultant.
10. Payment of Phil Martin & Associates invoices for services performed will not be contingent
upon the client's receipt of payment from other parties. Client agrees to pay legal costs,
including attorney's fees, incurred by Phil Martin & Associates in collecting any amounts past
due and owing to client's account.
0
MESTRE GRIEVE ASSOCIATES
Double Tree Hotel Addition CLQA Document Proposal — CitY of Rosemead
February 26, 2007
Mestre Greve Associates
Company Profile
Mestre Greve Associates, incorporated in 1981, is a professional engineering fine located
in Laguna Niguel, California. For over twenty -five years the company has provided
engineering solutions to community noise, airport noise, and air quality problems. Mestre
Greve Associates has committed to improving quality of life by providing its clients with the.
means to ensure that noise and air quality levels are within acceptable community limits. To
do this Mestre Greve Associates provides a unique combination of professional consulting
services and engineering support to its clients. The noise control engineering sen ices
provided by the firm include community noise studies, noise barrier design, assessments for
Environmental Impact Reports, industrial noise control, and vibration and dynamic analyses.
All noise control studies involve analyzing or projecting the noise levels generated by a
source, determining the level of reduction desired, and finally" engineering a solution to
achieve the criterion levels. Our experience and technical capabilities form a strong
foundation upon which policies to minimize noise and land -use conflicts can be developed.
In addition to hundreds of Southern California projects, Mestre Greve Associates has .'
successfully completed noise studies throughout the United States,. Canada, and the Far East. *.
The firm has performed assessments of airport noise, ground transportation system'
improvements, residential and commercial developments, and the development of General
Plan Noise Elements for numerous clients. Our extensive work experience includes both
private and public sector clients, providing us with a unique perspective. This perspective
allows us to analyze and develop mitigation options that are reasonable to the private sector,
while maintaining consistency with public sector noise regulations. Mestre Greve Associates
is proud of its reputation for meeting deadlines and completing projects on schedule and at the
proposed cost.
Fred A. Greve, P.E.
Mestre Greve Associates - Principal
Conrnrunity Noise & Air Quality Specialist
Mr. Greve has over twenty -five years experience in all fields of noise assessment and air quality
management. Principal experience includes noise and air quality modeling for traffic networks,
airports, transportation corridors, and planned communities on the local, state, federal and industrial
level. This experience includes legislative monitoring of air and noise regulations, development of
ambient air monitoring facilities, and management of aircraft noise monitoring networks.
EXPERIENCE
Principal in Charge of the development of Noise Elements for the Cities of Dana Point, Inglewood,
Irvine, Beaumont Stanton, Rialto, Fountain Valley; Solvang, and Palm Springs. Principal in Charge
of updates to the Noise Elements for the Cities of Glendale, Santee, and the County of Monterey.
"Principal in Charge of the noise and air quality assessments for the proposed Foothill Transportation, _
Corridor -South EIS /SEIR project. This study includes the analysis of various alternatives proposed
' by the Transportation Corridor Agencies.
Principal in Charge of the Carbon Monoxide Monitoring Program for the San Joaquin Hills
Transportation Corridor. This program included monitoring air quality levels at three sites near the
corridor in order to determine if air quality standards had been exceeded, and to make
recommendations as to potential remedial actions if necessary.
Project Manager for the air quality assessment for MCAS El Toro, Community Reuse Plan and EIR,
the noise assessments for CFB Greenwood Relocation for Base Closure and Realignment Study and
CFB Trenton Relocation for Base Closure and Realigmnent Study, and the air quality assessment for
the Master Plan Alternatives for EA Analysis for Jackson Hole Airport.
Project Manager for the noise assessments for the Toland Road Landfill Expansion Project, the
Lancaster Landfill Expansion Project, and the North Orange County Landfill and Alternative
Technologies Study.
Principal in charge for the noise and air assessments for the proposed Freeway Route 125 in San
Diego County, Arizona Route 93, the San Joaquin Hills Transportation Corridor in Orange County,
and numerous freeway interchange projects.
Project Manager of the noise assessment for the Orange County Sanitation District Groundwater
Replenishment System project; Principal in charge of the noise assessments for the Encino Reservoir
Water Quality hnprovement Project, the Stone Canyon Water Quality Improvement Project, the
Hollywood Water Quality hnprovement Project for the Los Angeles Department of Water and
Power.
Principal in charge of the air quality assessments for the Eastern Transportation Corridor, HOV Lane
Additions to the Orange Freeway and the Riverside Freeway.
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Principal in charge for the noise assessments for the I -5 /I -405 Freeway Confluence Zone in Orange
County, the 1 -405 Freeway Design Alternatives Study, Route 178 in Bakersfield, Foothill
Transportation Corridor, widening of Imperial Highway, and the Moulton Parkway Super Street.
Project Manager for many industrial noise projects including the Coyote Canyon Gas to Energy
Plant, the Spadra Landfill Gas to Energy Plant, Anaheim Power Generation Plant, the expansion of
the San Clemente Wastewater Treatment Plant, and 'expansion of the SERRA Treatment Plant in
Dana Point.
Project Manager for air quality assessments for regional planning efforts implemented by the City of
h-vine. and the plarmed communities of Aliso Viejo and Laguna Niguel. Projects included
coordination with local Air Quality. Management Plan (AQMP) efforts.
EDUCATION
M.S., Environmental Engineering, 1975, University of California, Irvine
B:S., Civil and Environmental Engineering, 1973, UCI
B:
'S Science, 1973, University of California, Irvine
PROFESSIONAL REGISTRATION
Registered Professional Engineer, 1978, Civil Engineering, California; No. C 31701
Certified Acoustical Consultant, County of Orange
Certified Acoustical Consultant; County of San Diego
PROFESSIONAL BACKGROUND
Entered the profession in 1973; co- founder of Mestre Greve Associates in 1978. His professional
affiliations include membership in the Acoustical Society of America, the Air and Waste
Manaaement Association, the Air Pollution Control Association, the National Association of Noise
Control Officials, and American Society of Civil Engineers. He is a frequent guest lecturer on air
quality assessment techniques at the University of California, Irvine.
PUBLICATIONS
Air Quality Modeling as a Management Tool for Airports, presented at the Airports Council
International - Pacific Region in Vancouver, Canada, August 1995.
Comparison of Noise Measurements along Arterial Roadways with the FHWA Highway Traffic
Noise Prediction Model, with Vincent Mestre; presented at the 1982 National Association of Noise
Control Officials Conference.
A Monitoring System for Long Term Aircraft Noise Measurements, with Vincent Mestre, Sound and
Vibration, February 1982.
Carbon Monoxide Transport from Freeways: Evaluation of Major .Models, with G. S. Samuelsen,
UCI Combustion Laboratory Report UCI- ARTR -78 -6.
Matthew B. Jones, P.E.
Mestre Greve Associates
Manager, Environmental Services
Mr. Jones joined Mestre Greve Associates in 1987. He has nearly nineteen years
experience in all fields of noise assessment and air quality management. Work efforts include
project management, software development, engineering analysis, report preparation, as well
as noise and air quality monitoring. As Manager of Environmental Services, Mr. Jones is
responsible for the coordination of all environmental services at Mestre Greve Associates.
These services include noise and air quality assessments for EIR/EIS, highways, residential
and commercial developments and airports. Mr. Jones is involved in the development of
most of the in house computer software modeling programs and is well versed in all of the air
quality and noise modeling programs used at Mestre Greve Associates.
EXPERIENCE .
Representative, project. experience consists primarily of EIR noise and air quality
assessments for.,many, commercial and residential projects including:
Air Quality And Noise Assessments: Palazzo Westwood, Los Angeles, CA; 2000 Avenue
...
" of the Stars, Los Angeles, CA; Chandler Ranch Specific Plan, Paso Robles, CA; Santiago
Hills II, Orange; CA; Spring Mountain, Riverside, CA; Planning Area 17, Irvine, CA;
Diemer Filtration Plant, Los Angeles Department of Water and Power, CA; Los Angeles
Unified School District (LAUSD) Venice Skills Center, Belmont Primary Center and Santa
Monica Primary Center, Los Angeles; CA; Mission Hospital and Medical Center, Mission .
Viejo,. CA; St. Jude's .Hospital Expansion, Fullerton, CA; St. Joseph's Orange Medical
Center, Orange, CA.
Air Quality Assessments: The Crest, San Bernardino County, CA, Vista School
District Family Literacy Center, Vista, CA.
Noise Assessments: Northern Sphere, Irvine;- CA; Planning Area 40 /Spectrum 8,
Irvine, CA; UCI Medical Center Long Range Development Plan, Orange, CA;
Amerage Heights, Fullerton, CA; Segerstrom Home Ranch, Costa Mesa, CA;
Crystal Cove Retail Center, Newport Coast, CA; Well No. 12, Huntington Beach,
CA, SDG &E Moreno Compressor Station, Moreno Valley, CA; Trabuco Grove
Retail Center, Irvine, CA.
Highway EIR noise and air quality assessments for: Aviation Boulevard Widening,
Los Angeles County, CA, Foothill Transportation Corridor /Santa Margarita
Parkway Interchange widening, Orange County; CA, San Joaquin Hills
Transportation Corridor/ Interchange addition, Orange County; CA; Northwest
Arkansas Airport Intermodal Access Road, AR; Eastern Transportation Corridor,
Orange County.
Highway Noise Assessments and noise barrier design to satisfy FHWA and
Caltrans requirements for: South Orange County Transportation Infrastructure
Improvement Program (SOCTIIP), Orange County, CA; State Street Extension,
San Bernardino, CA; Jeffery Road Grade Separation, Irvine, CA; Alicia Parkway
• •
Widening, Mission Viejo, CA; Avenue S Widening, Palmdale, CA; Magic Mountain
Parkway Widening, Los Angeles County, CA; Bristol Street Widening, Santa Ana,
CA.
Preparation of the. Noise Elements for the General Plans of the Cities of Santa
Monica, Glendora, Highland, Stanton, and Dana Point.
Air . quality modeling using the FAA's Airport Air Quality Modeling Program
(EDMS) for the New Orleans International Airport Phase II EIS, New Orleans,
Louisiana; Vancouver International Airport Air Quality Assessment, Vancouver,
Canada; Boise Airport, Boise, Idaho.
Noise monitoring and data analysis for the Pilot Aircraft Noise Impact Assessment
on the Grand Canyon and Volcano National Parks. '
EDUCATION
B.S. Engineering. Physics, Acoustics Specialization, June 1994
University of California, San-- _Diego; Summa Cum Laude
A.A. Liberal Arts with a Certificate in.Recording Arts, 1992
" Golden West College, = Huntington Beach, CA
PROFESSIONAL REGISTRATION '
Registered Professional Engineer in the State of California, (Electrical #17156)
PROFESSIONAL AFFILIATIONS
Acoustical Society of America
Association of Environmental Professionals
Air and Waste Management Association
American Institute of Physics
Audio Engineering Society
Mestre Greve Associates
Consulting Fee Schedule
Classification Hourly Rate'
Principal .
$140
Associate
$95
Staff Engineer /Scientist II
$80
Engineer /Scientist 1
$70
Technician II
$65
Technician 1
$55
Administrative
$55
Clerical/Word Processing
$35
'These rates include all MGA overhead costs.
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AUSTIN FOUST TRAFFIC ENGINEERS
Double Tree Hotel Addition CEQA Document Proposal — City of Rosemead
February 26, 2007
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Austin -Foust Associates, Inc.
QUALIFICATIONS AND EXPERIENCE
The firm of Austin -Foust Associates, Inc. (AFA) provides a broad range of consulting services
in the area of traffic engineering and transportation planning. Clients served include public and private
entities throughout southern California, with services ranging from special studies directed at specific
problems to comprehensive projects involving all facets of transportation and traffic engineering.
The principals of the firm, Terence W. Austin and Joe E. Foust and their professional support
staff, have extensive backgrounds in all aspects of traffic engineering and transportation planning. Their
knowledge and experience enable the firm to provide clients with a high level of expertise in preparing
traffic studies and presenting creative transportation solutions.
The firm has been providing these professional services for over 25 years. Staff members are
familiar with transportation related databases throughout the region and have had considerable experience
with both local area and regional travel patterns and the supporting transportation infrastructure.. Areas of
expertise provided by AFA are as follows:
Land Use/Transportation Planning
AFA is highly qualified in the area of transportation .planning. The firm ,uses, slate -of, -the -art
traffic forecasting procedures in relating land use to transportation demand, and the firm's planning
experience ranges from detailed local area applications to comprehensive regional studies. -
As part of this work AFA assists in various related activities including land use /transportation
balance, multi -modal transportation systems, environmertal resources, and issues such as_iraffic demand,
air quality, and the effects of growth and change on a community. .... - ...
Circulation Analysis
Circulation analyses are one of AFA's specialties, with applications ranging from General Plan
Circulation Element preparation to specific studies addressing existing and/or future transportation needs.
The fimi applies state -of- the -art traffic forecasting and analysis tools to generate customized
solutions. Graphic illustrations and traffic simulations communicate complex traffic issues to technical
staff and decision makers. -
Design
The firm has an in-house design group with experience in various aspects of roadway design.
This includes new roadways and major roadway reconstruction projects, highway widening and
resurfacing, intersection improvements, intelligent transportation systems and signal system design.
FIR Traffic Analysis
A significant amount of AFA's traffic analysis work is directed towards FIR preparation. The
firm is well experienced in the requirements of such studies and has participated in many successful EIR
preparation efforts.
P
'rraftic operations
Traffic operations evaluations are a major area of AFA's expertise, with applications ranging
from system -wide analyses to construction zone planning. The firm uses state -of -the -art simulation tools
to develop solutions and present findings for decision makers.
Transportation System Management/Transit
The &nn has prepared Transportation system Management Plans for a variety of existing and
future developments, and has been involved in various multi -modal studies.
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RESUME
JOE E. FOUST, Principal
Education B.S. in Civil Engineering
M.S. in Transportation
Registration Traffic Engineer: CA #854
Civil Engineer. CA #20255
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Organizations Institute of Transportation Engineers
Orange County Traffic Engineers Council, Chairman -1979
- founder of Austin -Foust Associates, Inc. (AFA), and prior to
Experience Mr. Foust is co
establishment of the firm, 20 years ago, was the principal owner of 7EF Engineering.
Mr. Foust has prepared studies and reports covering a wide range of traffic engineering activities
such as impact studies of highway improvement; impacts of proposed development, traffic operations
Studies, chatmelization and signing studies, and computerized traffic control systems, as well as
performing traffic signal system studies.
Formerly, Mr. Foust was the head of the Transportation and Traffic Engineering Division for the
City of Santa Ana, a position held for over five years. While with Santa Ana, he was involved in a variety
of transportation projects including creation of the OCTD Multi -modal terminal in the downtown area.
Prior to Santa Ana, he held the position of Project Manager /Traffic Engineer for VTN Consulting
Engineers and Caltrans. In these positions, he developed experience in all aspects of traffic engineering
from design through and including fiscal management. Local /regional work includes active participation
in the area of operations, design, transportation planning, and local /regional funding institutions. Mr.
Foust is a past member and Chainnan of the Orange County Transportation Agency's Technical Advisory
Committee, as well as Souther California Association of Governments Transportation and Utilities
Committee.
Traffic Engineering
Mr. Foust has been heavily involved in several different FHWA funding programs, including the
current ISTEA. This experience includes preparation of applications during calls for projects up to and
including preparation of final Plans, Specifications and Estimates (PS &E) complying with FHWA and
Caltrans requirements. The various programs Mr. Foust has participated in are Traffic Operations
Programs to Improve Capacity and Safety. Hazard Elimination and Safety, Intelligent Vehicle Systems,
Motorist Information Systems and Surveillance, and Pavement and Roadway Rehabilitation, among
others.
Computerized Traffic Flow Simulation
Mr. Foust has considerable knowledge and experience with computerized traffic flow simulation
including use of TRANSYT and SYNCHRO computer models. He routinely utilizes these models for
both optimization of signal timing and as an analytical tool. As Project Manager, he utilized
TRANSYT- F to analyze computer runs in the performance of traffic signal Management and CORSIM
(coordination and surveillance) projects for several. cities.
Traffic Studies
Mr. Foust has extensive experience in time preparation of traffic circulation and transportation
planning studies. These studies involve TSM/Transit options, parking management, residential traffic
control, and the integration of operational traffic engineering with regional travel modeling and
forecasting. Examples of recently completed studies include:
• Mission Viejo Hospital Traffic Study, Mission Viejo
• Gateway Redevelopment Area Traffic Study , Laguna Niguel
• Spadra Lane Residential Traffic Control Study, Mission Viejo
• Michelson Drive Residential Traffic Control Study, Irvine,
• Transportation Assessment Fee Feasibility Study, Palm Springs
• Peninsula Center Office Parking Management Program, Rolling Hills Estates.
• Palos Verdes Parking and Circulation Study, Rancho Palos Verdes
• South Coast Plaza Area Transportation Study, Joint Effort: OCTA, OCTD, City of Costa Mesa
and City of Santa Ana
• Santa Ana/Orange Neighborhood Preservation Plan, Santa Alma Orange
• High Flow Arterial Concept Feasibility Study, OCTA
• Ocean Front Boardwalk Feasibility Study,, Newport Beach
• University Drive Extension Deletion Study, Orange County
• Spring - Walnut MPAH Realignment Study, City of Orange
• PCH -Del Prado One -Way Couplet Study, Dana Point
RESUME
CATHERINE LAWRENCE, Transportation Engineer
Education B.S. in Civil Engineering
Registration Traffic Engineer: CA 9TR001634
Organizations Orange County Traffic Engineering Council
Institute of Transportation Engineers
Experience Catherine Lawrence is a Transportation Engineer with 18 years experience in
traffic and transportation studies. Her capabilities include land use /circulation impact analysis, traffic
forecasting', capacity analysis, site plan and parking analysis, signal progression analysis and freeway
operations analysis.
'Mss Lawrence has been responsible for a variety of traffic impact studies and traffic engineering
evaluation projects throughout southern California. She has been responsible for overseeing the firm's
traffic flow simulation models in many cities, including the City of San Juan Capistrano, the City of
Orange and the City of Moorpark. Examples of specific project experience are as follows:
Traffic Engineering
• forth Park Village Spec Plan Traffic Analysis
• Edinger Corridor Spec Plan Traffic Analysis
Traffic Operations Analysis.
• FTC /ETCiSJHTC Annual AVO Survey
• I -5 Corridor Feasibility Study
• City Drive Ramp Relocation
• City of Fountain Valley- Secondary Highway Interconnect
• 1 -5 /Avery Interchange Feasibility Study
• Greenfield/SJHTC Interchange Analysis
• 1- 710 /Firestone Interchange Project Report
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RUST /N -FOUST ASSOC /AYES, /NC.
TRA FF /C ENG /NEER /NG ANO TRA NSPORTA T /ON PLANN /NG
Effective January 1, 2007 — December 31, 2007
AUSTIN -FOUST ASSOCIATES. INC.
STANDARD RATE SCHEDULE
..rat, ..
CATEGORY
Principal
Associate
Transportation Engineer
Transportation Planner
Transportation Analyst
Design Engineer
Design Drafter
Technical /Clerical
Direct expenses billed as actual costs
HOURLY RATE
$175
S140- $160
$100 -$130
$75 - $110
$75 -S120
$110
$75
S70- $ 75.
2223 Wellington Avenue, Suite 300 • Santa Ana, California 92701 -3161
Tel: (714) 667 -0496 Fax: (714) 667 -7952
www.austinfoust.COm