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CC - Item 3D - Assignment of Garvey 168 Environmental Consulting Services Contract to Impact Sciences, Inc.ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: SEPTEMBER 10, 2013 SUBJECT: ASSIGNMENT OF GARVEY 168 ENVIRONMENTAL CONSULTING SERVICES CONTRACT TO IMPACT SCIENCES, INC. SUMMARY The City has received entitlement applications from Ken Kyi, which include a Design Review and Tentative Tract Map application requesting to construct a new 36,100 square foot mixed -use (residential /commercial) development consisting of two (2) buildings, located at 8479 Garvey Avenue. In addition, the applicant is proposing forty percent (40 %) moderate - income units for a thirty -five percent (35 %) density bonus. The project site is designated in the General Plan as Mixed Use: Residential /Commercial (30 du /ac) and on the zoning map it is designated C- 3- MUDO -D (Medium Commercial with Residential /Commercial Mixed Use and Design Overlays). On August 1, 2013, the Community Development Department issued a Request for Proposal (RFP) to seek a qualified environmental consultant 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 It is recommended that the City Council take the following actions: 1) Authorize the Mayor to execute a contract agreement with Impact Sciences, Inc. to assist in the preparation of required CEQA studies. 2) Direct staff to obtain a deposit of $37,410 from the developer to cover the full cost for contract services prior to authorizing the environmental studies consultant to proceed. ANALYSIS On August 1, 2013, the City sent out a RFP for environmental planning services to several qualified consulting firms and opened it up to any interested party on the City's website. The RFP requested consultant services to prepare all of the appropriate California Environmental Quality Act (CEQA) documentation and studies. Four (4) firms submitted formal bid proposals. After reviewing the proposals, staff found ITEM NUMBER: 3D City Council Report September 10, 2013 Paoe 2 of 2 that Impact Sciences, Inc. is most suitable for this project. Impact Sciences, Inc. is qualified for this project due to their past involvement with similar projects in the San Gabriel Valley, including projects in Pasadena, Glendale, and West Covina. Through the selection process, staff contacted several cities to obtain their feedback on the services provided by Impact Sciences, Inc. All of the cities responded positively towards Impact Sciences, Inc. Authorization 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. Prepar Lily`frinh Associate Planner ATTACHMENTS: Submitted by: Michelle Ramirez Community Development Director Attachment A: Draft Contract Agreement Attachment B: Proposal by Impact Sciences, Inc. Attachment C: Staff Correspondences with Impact Sciences, Inc. Attachment D: Proposed Development Elevation Plan CITY OF ROSEMEAD PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 10 day of September, 2013 by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Boulevard, Rosemead, California 91770 ( "City ") and Impact Sciences, Inc., a corporation with its principal place of business at 70 South Lake Avenue, 10 Floor, PMB# 94390, Pasadena, California, 91101 ( "Consultant'). City and Consultant are sometimes individually referred to herein as "Party' and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional enviormental services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render professional land use and environmental consulting services for the proposed mixed use project known as ( "Project') and referred to as the Garvey 168 Plaza as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting services necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 10, 2013 to March 31, 2014, 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. "ATTACHMENT A" Impact Sciences, Inc. Page 2 of 27 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Susan Tebo (Managing President) and Jessica Kirchner Flores (Senior Project Manager). 3.2.5 City's Representative. The City hereby designates Community Development Director or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power Impact Sciences, Inc. Page 3 of 27 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 Representative or her or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Susan Tebo or her designee, to act as its representative for the performance of this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his /her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 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, shall be 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, Impact Sciences, Inc. Page 4 of 27 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. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit "D" attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed thirty seven thousand, four hundred ten dollars ($37,410) without advance written approval of the Community Development Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City Impact Sciences, Inc. Page 5 of 27 may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" 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. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. Impact Sciences, Inc. Page 6 of 27 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents 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 document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: Impact Sciences, Inc. 70 South Lake Avenue, 10 Floor, PMB #94390 Pasadena, CA 91101 Attn: Susan Tebo and Jessica Kirchner Flores fyrra City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: Lily Trinh, Planning Division Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Impact Sciences, Inc. Page 7 of 27 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. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing parry 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. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs Impact Sciences, Inc. Page 8 of 27 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 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5. 10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any Impact Sciences, Inc. Page 9 of 27 other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each Impact Sciences, Inc. Page 10 of 27 respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Impact Sciences, Inc. Page 11 of 27 CITY OF ROSEMEAD IMPACT SCIENCES, INC. By: By: Polly Low, Mayor City of Rosemead Attest: Gloria Molleda City Clerk Approved as to Form: Name: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] 0 Name: Rachel Richman, City Attorney Burke, Williams & Sorensen, LLP Impact Sciences, Inc. Page 12 of 27 EXHIBIT "A" SCOPE OF SERVICES The Impact Sciences team is made up of professionals with experience preparing detailed and thorough environmental review documents. Our team has a deep understanding of environmental issues associated with urban infill projects and can effectively respond to the concerns of residents and the stakeholder groups that will participate in the environmental review of this project. The members of our team have experience with the key issues associated with this project and will be able to carefully review the information provided by the project team and supplement this information as needed to prepare a thorough IS /MND for this project in a time- and cost - efficient manner. This Scope of Work demonstrates the necessary steps to obtain environmental clearance for Garvey Plaza project. All necessary project tasks, methodologies, and work products are identified and described below. Task 1: Review Existing Information /Kickoff Meeting with Project Team Task 2: Prepare Administrative Draft IS /MND Task 3: Prepare and Circulate Draft IS /MND Task 4: Prepare Responses to Comments /Final IS /MND Task 5: Project Coordination /Meetings Task 1: Review Existing Information /Kickoff Meeting with Project Team Impact Sciences will review available information related to the proposed project. This includes any reports provided by the applicant. Staff will also conduct a site visit and perform any other necessary site reconnaissance. This task also includes attendance at a kickoff meeting with the applicant and City staff (if necessary). Prior to this meeting, Impact Sciences will provide the applicant with a list of data needs to help facilitate information gathering. Task 2: Prepare Administrative Draft IS /MND Project Description A detailed narrative project description, including maps, plans, and other graphics sufficient to fully define the project and its location will be prepared. The project description will meet the content requirements of the California Environmental Quality Act (CEQA) Guidelines by identifying the project objectives, each of the proposed discretionary approval actions, and the physical characteristics of the project. The project description will describe all of the components of the project, including any changes to the operational characteristics of the hotel, the planned construction schedule, phasing, and date of project buildout will be clearly defined. The project description will be submitted to the project team for review and comment. Impact Sciences, Inc. Page 13 of 27 Administrative Draft IS /MND The Administrative Draft IS /MND will include the project description, which will have been revised based on team input and evaluation of environmental impacts. Many of the topics that will be addressed in the IS /MND will utilize information from the City's General Plan, studies prepared by Impact Sciences, studies provided by the applicant, other planning documents, and research conducted by Impact Sciences. Although all CEQA topics will be addressed, some will need to be addressed in substantially more detail. We anticipate the analysis to focus on noise, air quality (due to proximity to the 1 -10 Freeway, and nearby residential uses), aesthetics, land use, traffic, and public services and utilities (due to the addition of residential units). Our approach to these sections is described below. For any potentially significant impacts identified, Impact Sciences will work with the team to develop project features and /or mitigation measures to reduce impacts to less than significant levels. Aesthetics The project will be evaluated for consistency with the City's General Plan and Zoning standards and compatibility with the surrounding uses. Uses in the immediate vicinity of the project site consist of commercial uses along Garvey Avenue and single - family residential units to the north along Willard Avenue. This section of the IS /MND will address the potential change to the visual character of the site. The height, massing, and scale of the proposed project, along with the proposed landscaping and signage, relative to surrounding buildings and the area, will be assessed. Air Quality The State CEQA Guidelines indicate that significance thresholds established by the applicable air quality management or air pollution control district may be relied on to make determinations of significance. The South Coast Air Quality Management District (SCAQMD) CEQA Air Quality Handbook ( CEQA Handbook) and supplemental guidance will be used to evaluate the project's air quality impacts. The emissions from the project will be estimated using the California Emissions Estimator Model (CalEEMod). The project's maximum daily emissions from construction and operation will be compared to the applicable SCAQMD thresholds of significance. The use of standard dust control practices will be taken into account when estimating the construction emissions. Operational emissions will be largely based on trip data from the traffic report. We will evaluate the project's local air quality impacts on sensitive receptors in the project vicinity based on the screening criteria from the SCAQMD's Final Localized Significance Threshold Methodology. We will also conduct a screening analysis to determine the potential for project - related traffic to result in the formation of CO hotspots. The proposed project is not anticipated to be a measurable source of air toxics; however, the California Air Resources Board (CARB) recommends that lead agencies avoid citing sensitive land uses within certain distances of land uses that emit toxic air contaminants (TACs), such as freeways and gasoline stations, whenever possible. The potential for the project to be impacted by off -site sources of TACs will be assessed in accordance with CARB's land use compatibility recommendations. Impact Sciences, Inc. Page 14 of 27 Impact Sciences will evaluate the potential for the projects to result in significant cumulative impacts to air quality. The SCAQMD recommends that cumulative impacts on air quality utilize the project- specific thresholds. Projects that exceed the construction and operational emissions thresholds are considered to be cumulatively considerable. The SCAQMD CEQA Handbook also recommends that a project's cumulative impact be assessed based on consistency with the growth projections and emission control strategies contained in the latest air quality management plan (AQMP). Impact Sciences will evaluate the project's cumulative impacts based on these thresholds. Greenhouse Gas Emissions Impact Sciences will assess the greenhouse gas (GHG) impacts for the project. Construction and operation of the project would result in direct and indirect GHG emissions. The GHG emissions will be estimated using the methodologies described in the air quality task (e.g., the CaIEEMod emissions model). In addition, we will estimate GHG emissions from electricity demand, water demand, wastewater generation, and solid waste generation. The SCAQMD has formed a Greenhouse Gas CEQA Significance Threshold Stakeholder Working Group, which has released draft documents that recommend projects not exceed a screening level of (1) 3,500 metric tons of carbon dioxide equivalents (MTCOze) for residential projects, 1,400 MTCOze for commercial projects, and 3,000 MTCO2e for mixed -use or all land use projects; or (2) meet an efficiency target of 4.8 MTCOZe per year per service population. The project's total GHG emissions will be compared to the applicable SCAQMD Working Group draft thresholds of significance. In addition to an emission -based analysis, the State CEQA Guidelines require projects to evaluate their consistency with applicable plans that have been adopted for the purpose of reducing GHG emissions. The analysis will discuss the consistency of project design features with generally recommended measures from the California Air Pollution Control Officer's Association (CAPCOA) to reduce GHG emissions. Hazards and Hazardous Materials The project site is located in an area with commercial /industrial uses. A portion of the project site is in use as a used car sales lot. Past uses on the site will be investigated in accordance with State CEQA guidelines to assess the potential for existing contamination on the project site. If any potential impacts are identified they will be reduced to less than significant through compliance with local, state, and federal regulations related to hazardous materials cleanup. The proposed uses on the site would not be expected to result in any hazardous materials on the site; nonetheless, operational impacts will be analyzed as well. Land Use This section will provide full and thorough analysis of the consistency of the project with the City's General Plan, Zoning Ordinance, and any applicable Specific Plans. In addition, a discussion of compatibility with existing uses will also be included. Impact Sciences will rely on the City's General Plan and Zoning Ordinance, and relevant information obtained during site reconnaissance to complete the analysis. It is our understanding the developer is seeking a 35 percent density bonus under SIB 1818. The land use section will also evaluate the affordable housing component of the project Impact Sciences, Inc. Page 15 of 27 as it relates to SIB 1818 as well as the three concessions the applicant is seeking: building height, commercial /residential ratio, and height at rear. Noise Impact Sciences will evaluate the potential for noise impacts to occur during project construction and operation. Due to the proximity of residences to the north, noise is expected to be an area of concern. Impact Sciences recommends that noise monitoring be conducted to characterize the existing ambient environment. Specifically, we recommend that 24 -hour noise monitoring be conducted during the weekday to account for local traffic. The noise analysis will contain a summary of the noise setting, noise monitoring at off -site sensitive receptor locations to determine existing noise levels (if determined to be necessary), quantification of construction noise, analysis of operational noise, and a discussion of cumulative noise impacts. It is anticipated that mitigation measures will need to be incorporated into the project to reduce the potential for noise impacts. Public Services The project would add 28 new residences into the area. Therefore, the potential effect on fire and police services, as well as schools and other public facilities will be assessed. This will be accomplished by contacting representatives of each of these agencies and collecting up to date information on response times, and the current and expected number of calls for service. Traffic and Circulation Impact Sciences has teamed with KOA Corporation to conduct the traffic analysis for the proposed project. KOA's scope of work is presented below. A. In order to establish study assumptions acceptable to the City, KOA will create a scoping document for review by the Client and submittal to the City of Rosemead for the documentation of all study assumptions. The document would establish the locations of the study intersections, and the assumptions for project trip generation and distribution. KOA will coordinate with City staff to receive comments on the scoping document, and provide a final version to the Client and the City, before moving forward with other tasks. B. The study locations to be included in the analysis effort will be finalized during the scoping process. For purposes of preparing a cost estimate, it is assumed that up to three roadway intersections would be included in the traffic study analysis. The unsignalized intersection of Willard Avenue /Garvey Avenue would be analyzed using the signal warrant guidelines for peak -hour conditions only. C. KOA will perform fieldwork to survey the study area. The field inventory will include the collection of data on roadway geometry, traffic controls, and surrounding land uses. New peak - period vehicle movement counts would be conducted, as necessary to the analysis, at the study intersections on one weekday during the 7:00 AM to 9:00 AM and the 4:00 PM to 6:00 PM timeframes. D. KOA will prepare a traffic analysis file and input any updates to the configurations for Impact Sciences, Inc. Page 16 of 27 each included study intersection, based on the study area defined by the scoping document. Based on the anticipated completion date of the project, a future baseline (pre - project) scenario will be defined, including an annual traffic ambient growth rate and the trip generation of nearby planned projects. KOA will obtain a list of pending projects from planning staff at the City of Rosemead. E. Any significant traffic impacts at the study intersections due to the project will need to be mitigated to a level of insignificance. Trip reduction measures or trip caps on the site (with potential future monitoring of the site) could be necessary as traffic mitigation. In cases where capacity increases are possible, KOA will analyze those sites that can be temporarily mitigated to a satisfactory level of service. V/C ratios and level of service (LOS) values will be calculated for the mitigated locations. Physical mitigation measures will be evaluate at a conceptual engineering level, as necessary, but full construction plans would not be developed under this effort. Driveway access issues for the site itself and its relationship to the Willard Avenue intersection would be examined. F. KOA will determine if the proposed project will impact any nearby Congestion Management Program regional network monitoring stations. If intersection mitigation measures are required with respect to the Congestion Management Program, we will address mitigation measures as they apply to the analyzed study intersections and conduct additional intersection analyses with the roadway improvements. G. KOA will summarize the traffic data collection, traffic forecasts, and traffic analysis in draft and final versions of the traffic impact study report. The traffic analysis will be based on the traffic study guidelines and policies of the City of Rosemead. This scope of work assumes that formal in- person meetings with the City and /or the Client will not be necessary to complete the traffic report. General coordination with both entities has been provided for within the scope of work, however. Utilities & Service Systems This section will evaluate the projected water, wastewater, and solid waste demand that would be generated by the project. The addition of new residences is not anticipated to result in a substantive need for new or expanded utilities; nonetheless impacts will be analyzed. The analysis will compare the existing uses on -site to the proposed uses with the project to make the determination of significance. Deliverables: Administrative Draft IS /MND — Electronic copy — Five bound hardcopies (for City review) Impact Sciences, Inc. Page 17 of 27 Task 3: Prepare and Circulate Draft IS /MND Impact Sciences will revise the Administrative Draft IS /MND in response to one round of comments from the City and prepare the Public Draft IS /MND for public review and comment. Impact Sciences will prepare the Notice of Intent (NOI) of the Draft IS /MND and file the notice with the County Clerk. Additional noticing and mailing is not included in this scope of work. Deliverables: • Draft IS /MND • Fifteen bound copies (including the any technical appendices on CD) • One reproducible original (including a hard copy of the technical appendices) • One copy on CD (including both PDF and Word versions of the document) • NOI /filing with the County Clerk Task 4: Prepare Responses to Comments /Final IS /MND Following the close of the IS /MND public review period and receipt of all public comments, Impact Sciences will prepare written responses to comments and the Administrative Final IS /MND for review and comment by the project team. Impact Sciences will revise the responses to comments and Administrative Final IS /MND to incorporate one round of comments and revisions by the project team. The time necessary to complete this task is highly dependent on the volume and depth of the comments received. However, based on past experience with similar projects, we anticipate the budgeted time is sufficient. Our scope of work assumes 16 hours to respond to comments, if we receive more than six letters requiring responses, or if any responses require additional analysis, we would prepare the additional responses according to our hourly rate schedule. In conjunction with the Final IS /MND, Impact Sciences will prepare a Mitigation Monitoring and Reporting Program (MMRP) that identifies the mitigation measures included in the Draft IS /MND and updated in the Final IS /MND, the timing of the implementation of each measure, and the entity (applicant, agency, or both) responsible for implementing and monitoring each measure. Impact Sciences will file the Notice of Determination (NOD) with the County Clerk's office. Additional noticing and /or mailing are not included in this scope of work. Deliverables: • Final IS /MND, including Response to Comments and MMRP • Ten bound copies • One copy on CD (including both PDF and Word versions of the documents) • File the NOD with the County Clerk Impact Sciences, Inc. Page 18 of 27 Task 5: Project Coordination /Meetings Our cost proposal provides for active project management and coordination by the principal and project manager responsible for the day -to -day management. The Impact Sciences principal and project manager will attend progress meetings either in person or via teleconference. We will also be available to meet with the project team and the City as needed to discuss the status of the environmental document. This proposal assumes we will attend one status meeting, plus a kickoff meeting and two public hearings. If requested, Impact Sciences will attend additional meetings or hearings on a time and materials basis. *In addition to the scope of services listed above, the correspondences below shall follow and have been included in the project cost of $37,410. From: Jessica Kirchner Flores [ mailto :ifloresC�impactsciences.com Sent: Tuesday, September 03, 2013 11:55 AM To: Lily Trinh Subject: RE: RFP No. 2013 -07 Hi Lily- Thanks for your questions, below are the responses. 1. Yes, the noise analysis will include analysis of vibration impacts. We also will photograph the project site and analyze the visual impacts. 2. a. We will include all technical reports in the appendix b. Our proposal assumed the City would handle the distribution, I revised the cost proposal (attached) to reflect distribution associated with the Draft and Final MND. The cost to complete the printing/distribution would be $2,250 as reflected in the cost sheet. c. Impact Sciences will file the notices as described in your email d. Preparation of response to comments is included under Task 4, the cost for distribution will be included in the $2,250 printing/distribution allowance described under (b) above. e. Preparation of the MMPP is included in Task 4, printing is included in the $2,250 printing/distribution allowance described above. Please let me know if you have any additional questions or need further clarification. Best, Jessica Impact Sciences, Inc. Page 19 of 27 From: Lily Trinh [ mailto :ltrinh(c)cityofrosemead.org Sent: Tuesday, September 03, 2013 11:22 AM To: Jessica Kirchner Flores Subject: RFP No. 2013 -07 Good morning Jessica, The City of Rosemead has received the environmental services proposal from Impact Sciences, Inc. for the Garvey 168 Plaza. We're currently in the process of selecting a consulting firm. After reviewing the proposal from Impact Sciences, Inc., I do have some questions and clarifications for you. I understand that the MND will cover the traffic, air quality, greenhouse gas, noise, land use, public services, utilities, and aesthetics, however, I want to confirm that the noise study will include vibration and a photometric study will also be completed. 2. Questions under Task 3 (page 10): a. Appendices: Will all technical reports shall be included in the appendix? b. Print and Mail MND: Task 3 discusses that you will prepare the draft for review and comment, however, it makes no reference to the mailing for public circulation. The City would like the consultant to mail the Draft IS/MND to surrounding cities, the Los Angeles County Planning Department, and other agencies or private entities requesting the MND. c. Noticing: A Notice of Availability is unnecessary for this project, since it's only an MND. • Notice of Intent: The City would like the consultant to prepare the NOI to Adopt the MND and mail to all responsible agencies and interested persons along with a copy of the MND on CD. We'd also like the consultant to file the NOI with the LA County Clerk to start the 20 -day MND public review period. • Notice of Determination: The City would like the consultant to prepare the NOD as required by Section 15094 of the CEQA Guidelines the day after the MND is adopted and the project is approved. The consultant will file the NOD with the LA County Clerk. • Fish and Wildlife Fee: A California Department of Fish and Wildlife fee will have to be paid at the time the NOD is filed with the LA County Clerk. The City or project applicant will provide the consultant with a check for the appropriate fee. Once the NOD is filed, the consultant will provide the original Fish and Wildlife fee receipt and a copy of the NOD to the city for its records. d. Responses to Comments: The City would like the consultant to prepare written responses to all comments received to the MND and to mail the "Response to Comments" to the agencies and individuals that submitted comments at least ten days prior to the schedule hearing to adopt the MND. e. Mitigation Monitoring Plan: The City would like the consultant to prepare the MMP as required by Public Resources Code Section 21081.6 for all measures that are recommended to mitigate significant impacts. The MMP shall list all mitigation measures presented in the MND and identify the City department that Impact Sciences, Inc. Page 20 of 27 will be responsible to monitor and implement each mitigation measure. Once the MMP is completed, two (2) hard copies shall be submitted to City staff for review. Staffs comments shall be incorporated and five (5) hard copies shall submitted to the City for its use. If the fee schedule will need to be revised due to the comments above, please revise the fee schedule and email it to me as soon as possible. Thank you, Lily Lily Trinh Associate Planner City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Phone: 626 -569 -2142 Fax: 626-307-9218 www.cityofrosemead. orc Impact Sciences, Inc. Page 21 of 27 EXHIBIT "B" SCHEDULE OF SERVICES The schedule and milestones for the preparation of a Mitigated Negative Declaration are presented below. The schedule is based on an anticipated "start date" of September 11, 2013. Impact Sciences is prepared to start work immediately upon receiving authorization to proceed. The administrative Draft IS /MND will be ready to submit to the City in approximately three weeks. Authorization to Proceed September 11, 2013 KOA Prepares Draft Scoping Document September 16, 2013 City Provides Comments on Draft Scoping Document September 23, 2013 KOA submits Draft Traffic Study October 21, 2013 Deliver Administrative Draft IS /MND November 4, 2013 City Comments (two weeks) November 18, 2013 Prepare Draft IS /MND for Circulation (one week) November 25, 2013 Public Review Period (30 days) December 25, 2013 Respond to Comments /Prepare Final IS /MND (1 week) January 7, 2014 Impact Sciences, Inc. Page 22 of 27 EXHIBIT "C" COMPENSATION Mitigated Negative Declaration Budget AD expenses will be billed on a time and materials basis against this allovviance in aeeordonce with Impact Sciences' Standard Fee Schedule (attached; STAFF Managing Sr. Project Air Quality Project Graphic TOTAL CATEGORY Principal Manager Specialist Planner Artist Editor BILLING RATE $180 $165 $160 $125 $115 $100 TASK 1: REVIEW EXISTING INFORMATIONIKICKOFF MEETING Review Projed Information/Site Reconnaissance 2 4 $830 Kickoff Meeting 3 $495 SUBTOTAL $0 $825 $0 $500 $0 $o $1,325 TASK 2: PREPARE ADMINISTRATIVE DRAFT ISIMND Project Description 6 3 0 $1.335 Prepare Administrative Draft ISIMND 1 8 28 40 6 12 $12.870 SUBTOTAL $180 $2,310 $4,480 $5.000 $1,035 $1,200 $14,205 TASK 3: PREPARE AND CIRCULATE DRAFT LS(MND avisa Administrative Draft ISIMND 1 2 5 8 $2.310 Document Production and Filing 5 $500 SUBTOTAL $160 $330 $800 $1,000 $o 5500 $2,810 TASK 4: PREPARE RESPONSES TO COMMENTS/FIRAL ISiMND Responses to Comment and Final ISIMNO 1 2 2 8 $1.830 Revise Responses to Comment and Final ISIMND 2 2 8 $0 Prepare MMRP 2 12 $0 Document Production and Fling 6 $0 SUBTOTAL $180 $990 $640 $3,500 $0 $600 $5,910 TASK 5: PROJECT COORDINATIOWMEETINGS Projed Management 8 $1.320 Attend Public Meetings 6 $990 $0 SUBTOTAL $0 $2,310 $0 $0 $0 $0 $2,310 TOTAL LABOR COSTS $26,560 DIRECT EXPENSES Miscenaneous Expenses (Mileage, general reproduction, misc. mailings and overnights) $800 Filing FeaMoticmg $500 Noise Monitor (2@ $100) $200 PmdinglDistribution $2.250 TOTAL EXPENSES $3.750 TRAFFIC STUDY(KOA ration) 1$37AI0 TOTAL COST AD expenses will be billed on a time and materials basis against this allovviance in aeeordonce with Impact Sciences' Standard Fee Schedule (attached; Impact Sciences, Inc. Page 23 of 27 EXHIBIT "D" INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence. Impact Sciences, Inc. Page 24 of 27 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. Impact Sciences, Inc. Page 25 of 27 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11.Consultant agrees not to self- insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self- insure its obligations to City. If Consultant's existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the.Consultant ninety (90) days advance written notice of such change. If such change results in substantial Impact Sciences, Inc. Page 26 of 27 additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all - inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. Impact Sciences, Inc. Page 27 of 27 21.Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. IMPACT SCIENCES, INC 70 South Lake Avenue, 10th Floor, PMB#94930 Pasadena, California 91101 Telephone (626) 564 -1500 FAX (805) 437 -1901 www.impactsciences.com August 19, 2013 Ms. Lily Trinh Associate Planner City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 Re: Proposal to Prepare an Initial Study and Mitigated Negative Declaration for the Garvey Plaza project. Dear Ms. Trinh: On behalf of Impact Sciences, we are pleased to present a proposal for preparation of an Initial Study and Mitigated Negative Declaration (IS /MND) for the Garvey Plaza project located in the City of Rosemead. Impact Sciences is uniquely qualified to assist the City with environmental review of this project due to our past involvement with similar projects in the San Gabriel Valley including several projects in Pasadena, Glendale, and West Covina. In addition, our Project Manager, Ms. Jessica Kirchner Flores is currently preparing an Environmental Impact Report for a similar project proposed with a mix of uses and a density bonus within the City of Glendale. As a result, Ms. Flores understandings the land use issues associated with evaluating projects with density bonuses and associated concessions. The project site is located at the northwest corner of Willard Avenue and Garvey Avenue and is currently developed with two commercial buildings. Both buildings on the site would be removed to accommodate the proposed project. The proposed project would be a mixed -use development with the following components: 5,630 square feet of retail, 5,745 square feet of office (including 915 square feet of leasing office), and 28 residential condominium units. The applicant is also seeking a 35 percent density bonus under SB 1818 and has included three concessions (as allowed under state law) as part of the proposed project. With the density bonus, the proposed project will include nine moderate - income units within the 28 units. OFFICES THROUGHOUT CALIFORNIA "ATTACHMENT B" Ms. Lily Trinh August 19, 2013 Page 2 In our proposal you will find our proposed scope of work, cost, and schedule to complete the environmental analysis for the proposed project. We look forward to working collaboratively with you on this project. Should you have any questions about this proposal, please feel free to call Jessica Kirchner Flores at (626) 564 -1500. Sincerely, Impact Sciences, Inc. 04 �� Susan Tebo Managing Principal Jessica Kirchner Flores, AICP Senior Project Manager 1. CONTACT INFORMATION Impact Sciences, Inc. 803 Camarillo Springs Road, Suite C Camarillo, California 93012 (805) 437 -1900 Contact: Jessica Kirchner Flores, AICP, Senior Project Manager jflores@impactsciences.com 2. FIRM PROFILE About Impact Sciences Impact Sciences, Inc., (Impact Sciences) is a California corporation founded in Thousand Oaks, California, that has been preparing environmental documentation since its founding in 1988. Impact Sciences has offices strategically located throughout California to provide the strongest support for all of our public and private sector clients. Services to the City of Pasadena for this project will be provided from our offices in Pasadena and Camarillo. Impact Sciences has been involved in the environmental review of major projects for cities throughout Los Angeles County for its entire 24 -year history. Impact Sciences is uniquely qualified to prepare this EIR due to the firm's extensive local knowledge and successful history in preparing EIRs. This local knowledge and experience is complemented by our firm's experience in preparing EIRs and EISs for a wide variety of projects. We provide expertise in environmental analysis and documentation, biological resource studies, regulatory permitting, air quality and noise studies, visual simulation, and GIS applications. Our project experience encompasses small, focused developments up to large, complex, and multi -issue projects. Our geographic range includes most counties in California, from desert areas to coastal, from urbanized to agricultural. Most of our projects involve compliance with the CEQA as the primary service area. Federally funded projects involve the National Environmental Policy Act (NEPA) with which we have experience, whether for standalone EISs or joint EIR/EIS documents. Our approach places emphasis on service and our solutions - oriented approach ensures that all studies and documents prepared for our clients are thorough, credible, and meet the needs and objectives of.the project. Impact Sciences has assembled a staff of experts tailored to meet the specific needs of each project. Each project team is organized to provide clear and effective communication to our clients as well as amongst the team. Our staff uses clear, objective writing that is easily understood by the general public as well as decision makers. We remain flexible in order to respond to unscheduled urgent matters. It is Impact Sciences' philosophy to actively involve senior staff to creatively utilize their considerable experience. The structure of our firm ensures that senior -level staff will not only provide overall project management and direction but also provide oversight of technical analysis and report presentation. Our principals actively participate in all projects. The structure of our firm ensures that the principals are meaningfully involved, creatively applying their extensive experience to the issues associated with each project. Impact sciences, Inc. 3 Garvey Plaza 9992. Proposal fodbanironotental Consulting services We stress service to our clients in addition to providing environmental information and analysis. We communicate effectively with our clients and are committed to providing the resources necessary to meet project objectives. We are known for our ability to work productively as a member of multidisciplinary teams on large and complex projects. We establish a productive working relationship with public agency staff and provide them with the information and materials they need to fulfill their role in the environmental and project review process. We are solution oriented and identify issues and potential solutions early in the planning and environmental review process. We work with all parties to find creative approaches to addressing and resolving these issues. We work with our clients to resolve issues by providing advice and information, using input from project team members and involved public agencies and bringing these ideas together in an appropriate manner for each issue and situation. We emphasize communication because it is the key to successfully involving public agencies and the general public in the planning and environmental review process. All of our planning and environmental documents present information in a manner that is understandable to the general public and useful in the project review process. We tailor our environmental documents in style and form to meet the individual needs of each project and its reviewing audience. We emphasize clear, objective writing and the use of well - designed graphics in our reports. We also use the latest technologies to create multimedia presentations and other public information materials. We are flexible in our approach because every project is different. We are committed to providing accurate information and preparing environmental review documents that are legally adequate and that meet the highest standards for accuracy and consistency. We achieve these goals while also tailoring our services to meet the needs of a particular project. CEQA, NEPA, and California planning law define the planning and environmental review process in our state and provide important guidance. We use our experience and knowledge of these laws to apply them appropriately to each project. We manage projects effectively to meet the schedule and budget requirements of our clients. Our project managers develop a fully detailed work plan for a project, actively direct and manage the members of the project team and carefully monitor activities to ensure that our clients are as satisfied with our management of the project as they are with the quality of the consulting services provided. Our clients include cities and counties; universities and school districts; state agencies; public service districts; and developers of residential, commercial, industrial, and infrastructure projects. Although we typically serve as the lead consultant, we also provide our expertise as part of teams led by engineering, architecture, and other firms in related fields. We have longstanding relationships with our public and private sector clients, and our performance results in repeat business and strong referrals. Our project experience ranges from small, focused projects to very large, complex, multi -issue projects, and covers every stage of the project planning, review, permitting, and implementation process. We can provide the detailed analysis required for project -level environmental analysis and related permitting, as well as the broad, general analysis required for program -level reports and planning studies. We have a reputation for providing information, analysis, advice, and documentation that help bring controversial and complex projects to a successful completion. lmpnct Sciences, b¢. 4 Garvey Plaza 9992. Proposal fur /Environmental Consulting Services 3. RELEVANT EXPERIENCE AND SKILLS Grevilla Avenue Mixed Use Project IS /MND Lead Agency: City of Lawndale Client: City of Lawndale Contact: Perry Banner, Community Development Manager Community Development 14717 Burin Avenue, Lawndale, CA 90260 (310) 973 -3206 pbanner@lawndalecity.org Date of Service: August 2009 —October 2011 Ms. Kirchner Flores served as the project manager for the preparation of an Initial Study/Mitigated Negative Declaration for a mixed -use project in an industrial area in the City of Lawndale. The proposed project included the development of a combination of residential units with ground floor commercial and parking. Major issues associated with the project included land use, noise, and air quality. Lark Ellen IS /MND Lead Agency: City of West Covina Client: Warmington Homes Contact: Phil Bacerra, Project Manager 3090 Pullman Street Costa Mesa, California 92626 (714)434 -4406 philb@warmingtongroup.com Date of Service: May 2013 — current Impact Sciences prepared a Mitigated Negative Declaration for the development of 42 homes in the City of West Covina. The proposed project would be located on an infill site in an urbanized portion of the City. Temporary Use of the Rose Bowl Stadium by the NFL EIR Lead Agency: City of Pasadena Client: City of Pasadena Contact: Jennifer Paige, AICP, Senior Planner Planning and Community Development Department 175 North Garfield Avenue Pasadena, California 91101 (626)744 -7231 jpaige@cityofpasadena.net Date of Service: December 2011 — November 2013 Impact Sciences prepared an EIR for the City of Pasadena for the temporary use of the Rose Bowl Stadium by the NFL. The EIR addressed the potential air quality, greenhouse gas, noise, land use and recreation impacts that could occur as a result of allowing a NFL team to use the Rose Bowl Stadium for a period of up to five years. Impact Sciences, Ina 5 Garvey Plaza 9992. Proposal forlEneiromnentat Consulting Semices 4. PROJECT APPROACH Based on our experience working on similar projects we anticipate a Mitigated Negative Declaration (MND) would be the appropriate environmental document for the proposed project. Therefore, we propose to complete the following scope of work: Scope of Work The Impact Sciences team is made up of professionals with experience preparing detailed and thorough environmental review documents. Our team has a deep understanding of environmental issues associated with urban infill projects and can effectively respond to the concerns of residents and the stakeholder groups that will participate in the environmental review of this project. The members of our team have experience with the key issues associated with this project and will be able to carefully review the information provided by the project team and supplement this information as needed to prepare a thorough IS/MND for this project in a time- and cost - efficient manner. This Scope of Work demonstrates the necessary steps to obtain environmental clearance for Garvey Plaza project. All necessary project tasks, methodologies, and work products are identified and described below. Task 1: Review Existing Information /Kickoff Meeting with Project Team Task 2: Prepare Administrative Draft IS /MND Task 3: Prepare and Circulate Draft IS /MND Task 4: Prepare Responses to Comments /Final IS /MND Task 5: Project Coordination /Meetings Task 1: Review Existing InformationlKickoff Meeting with Project Team Impact Sciences will review available information related to the proposed project. This includes any reports provided by the applicant. Staff will also conduct a site visit and perform any other necessary site reconnaissance. This task also includes attendance at a kickoff meeting with the applicant and City staff (if necessary). Prior to this meeting, Impact Sciences will provide the applicant with a list of data needs to help facilitate information gathering. Task 2: Prepare Administrative Draft IS /MND Project Description A detailed narrative project description, including maps, plans, and other graphics sufficient to fully define the project and its location will be prepared. The project description will meet the content requirements of the California Environmental Quality Act (CEQA) Guidelines by identifying the project objectives, each of the proposed discretionary approval actions, and the physical characteristics of the project. The project description will describe all of the components of the project, including any changes to the operational characteristics of the hotel, the planned construction schedule, phasing, and date of project buildout will be clearly defined. The project description will be submitted to the project team for review and comment. Impact Sciences, loc. 6 Garvey Plaza 9992. Proposal for/E vironineotal Consulting Services Administrative Draft IS /MND The Administrative Draft IS /MND will include the project description, which will have been revised based on team input and evaluation of environmental impacts. Many of the topics that will be addressed in the IS /MND will utilize information from the City's General Plan, studies prepared by Impact Sciences, studies provided by the applicant, other planning documents, and research conducted by Impact Sciences. Although all CEQA topics will be addressed, some will need to be addressed in substantially more detail. We anticipate the analysis to focus on noise, air quality (due to proximity to the I -10 Freeway, and nearby residential uses), aesthetics, land use, traffic, and public services and utilities (due to the addition of residential units). Our approach to these sections is described below. For any potentially significant impacts identified, Impact Sciences will work with the team to develop project features and /or mitigation measures to reduce impacts to less than significant levels. Aesthetics The project will be evaluated for consistency with the City's General Plan and Zoning standards and compatibility with the surrounding uses. Uses in the immediate vicinity of the project site consist of commercial uses along Garvey Avenue and single - family residential units to the north along Willard Avenue. This section of the IS/MND will address the potential change to the visual character of the site. The height, massing, and scale of the proposed project, along with the proposed landscaping and signage, relative to surrounding buildings and the area, will be assessed. Air Quality The State CEQA Guidelines indicate that significance thresholds established by the applicable air quality management or air pollution control district may be relied on to make determinations of significance. The South Coast Air Quality Management District (SCAQMD) CEQA Air Quality Handbook (CEQA Handbook) and supplemental guidance will be used to evaluate the project's air quality impacts. The emissions from the project will be estimated using the California Emissions Estimator Model (CalEEMod). The project's maximum daily emissions from construction and operation will be compared to the applicable SCAQMD thresholds of significance. The use of standard dust control practices will be taken into account when estimating the construction emissions. Operational emissions will be largely based on trip data from the traffic report. We will evaluate the project's local air quality impacts on sensitive receptors in the project vicinity based on the screening criteria from the SCAQMD's Final Localized Significance Threshold Methodology. We will also conduct a screening analysis to determine the potential for project - related traffic to result in the formation of CO hotspots. The proposed project is not anticipated to be a measurable source of air toxics; however, the California Air Resources Board (CARB) recommends that lead agencies avoid citing sensitive land uses within certain distances of land uses that emit toxic air contaminants (TACs), such as freeways and gasoline stations, whenever possible. The potential for the project to be impacted by off -site sources of TACs will be assessed in accordance with CARB's land use compatibility recommendations. Impact Sciences will evaluate the potential for the projects to result in significant cumulative impacts to air quality. The SCAQMD recommends that cumulative impacts on air quality utilize the project- specific thresholds. Projects that exceed the construction and operational emissions thresholds are considered to be cumulatively considerable. The SCAQMD CEQA Handbook also recommends that a project's Impact Sciences, Inc. 7 Garvey Plaza 9992, ProposalfodErmiroamental Coasuaing Services cumulative impact be assessed based on consistency with the growth projections and emission control strategies contained in the latest air quality management plan (AQMP). Impact Sciences will evaluate the project's cumulative impacts based on these thresholds. Greenhouse Gas Emissions Impact Sciences will assess the greenhouse gas (GHG) impacts for the project. Construction and operation of the project would result in direct and indirect GHG emissions. The GHG emissions will be estimated using the methodologies described in the air quality task (e.g., the CalEEMod emissions model). In addition, we will estimate GHG emissions from electricity demand, water demand, wastewater generation, and solid waste generation. The SCAQMD has formed a Greenhouse Gas CEQA Significance Threshold Stakeholder Working Group, which has released draft documents that recommend projects not exceed a screening level of (1) 3,500 metric tons of carbon dioxide equivalents (MTCOze) for residential projects, 1,400 MTCO2e for commercial projects, and 3,000 MTCO2e for mixed -use or all land use projects; or (2) meet an efficiency target of 4.8 MTCOze per year per service population. The project's total GHG emissions will be compared to the applicable SCAQMD Working Group draft thresholds of significance. In addition to an emission -based analysis, the State CEQA Guidelines require projects to evaluate their consistency with applicable plans that have been adopted for the purpose of reducing GHG emissions. The analysis will discuss the consistency of project design features with generally recommended measures from the California Air Pollution Control Officer's Association (CAPCOA) to reduce GHG emissions. Hazards and Hazardous Materials The project site is located in an area with commercial /industrial uses. A portion of the project site is in use as a used car sales lot. Past uses on the site will be investigated in accordance with State CEQA guidelines to assess the potential for existing contamination on the project site. If any potential impacts are identified they will be reduced to less than significant through compliance with local, state, and federal regulations related to hazardous materials cleanup. The proposed uses on the site would not be expected to result in any hazardous materials on the site; nonetheless, operational impacts will be analyzed as well. Land Use This section will provide full and thorough analysis of the consistency of the project with the City's General Plan, Zoning Ordinance, and any applicable Specific Plans. In addition, a discussion of compatibility with existing uses will also be included. Impact Sciences will rely on the City's General Plan and Zoning Ordinance, and relevant information obtained during site reconnaissance to complete the analysis. It is our understanding the developer is seeking a 35 percent density bonus under SB 1818. The land use section will also evaluate the affordable housing component of the project as it relates to SB 1818 as well as the three concessions the applicant is seeking: building height, commercial /residential ratio, and height at rear. Noise Impact Sciences will evaluate the potential for noise impacts to occur during project construction and operation. Due to the proximity of residences to the north, noise is expected to be an area of concern. Impact Sciences recommends that noise monitoring be conducted to characterize the existing ambient environment. Specifically, we recommend that 24 -hour noise monitoring be conducted during the weekday to account for local traffic. The noise analysis will contain a summary of the noise setting, noise Impact Sciences, Inc. 8 Garvey Plaza 9992. ProposalforlErmir anteatal Consulting Services monitoring at off -site sensitive receptor locations to determine existing noise levels (if determined to be necessary), quantification of construction noise, analysis of operational noise, and a discussion of cumulative noise impacts. It is anticipated that mitigation measures will need to be incorporated into the project to reduce the potential for noise impacts. Public Services The project would add 28 new residences into the area. Therefore, the potential effect on fire and police services, as well as schools and other public facilities will be assessed. This will be accomplished by contacting representatives of each of these agencies and collecting up to date information on response times, and the current and expected number of calls for service. Traffic and Circulation Impact Sciences has teamed with KOA Corporation to conduct the traffic analysis for the proposed project. KOA's scope of work is presented below. KOA's full scope is provided in Appendix A. A. In order to establish study assumptions acceptable to the City, KOA will create a scoping document for review by the Client and submittal to the City of Rosemead for the documentation of all study assumptions. The document would establish the locations of the study intersections, and the assumptions for project trip generation and distribution. KOA will coordinate with City staff to receive comments on the scoping document, and provide a final version to the Client and the City, before moving forward with other tasks. B. The study locations to be included in the analysis effort will be finalized during the scoping process. For purposes of preparing a cost estimate, it is assumed that up to three roadway intersections would be included in the traffic study analysis. The unsignalized intersection of Willard Avenue /Garvey Avenue would be analyzed using the signal warrant guidelines for peak -hour conditions only. C. KOA will perform fieldwork to survey the study area. The field inventory will include the collection of data on roadway geometry, traffic controls, and surrounding land uses. New peak - period vehicle movement counts would be conducted, as necessary to the analysis, at the study intersections on one weekday during the 7:00 AM to 9:00 AM and the 4:00 PM to 6:00 PM timeframes. D. KOA will prepare a traffic analysis file and input any updates to the configurations for each included study intersection, based on the study area defined by the scoping document. Based on the anticipated completion date of the project, a future baseline (pre - project) scenario will be defined, including an annual traffic ambient growth rate and the trip generation of nearby planned projects. KOA will obtain a list of pending projects from planning staff at the City of Rosemead. E. Any significant traffic impacts at the study intersections due to the project will need to be mitigated to a level of insignificance. Trip reduction measures or trip caps on the site (with potential future monitoring of the site) could be necessary as traffic mitigation. In cases where capacity increases are possible, KOA will analyze those sites that can be temporarily mitigated to a satisfactory level of service. V/C ratios and level of service (LOS) values will be calculated for the mitigated locations. Physical mitigation measures will be evaluate at a conceptual engineering level, as necessary, but full construction plans would not be developed under this effort. Driveway access issues for the site itself and its relationship to the Willard Avenue intersection would be examined. Impact Sciences, Inc. 9 Garvey Plaza 9992. Proposal forrEnvironmental ConsultirB Semices F. KOA will determine if the proposed project will impact any nearby Congestion Management Program regional network monitoring stations. If intersection mitigation measures are required with respect to the Congestion Management Program, we will address mitigation measures as they apply to the analyzed study intersections and conduct additional intersection analyses with the roadway improvements. G. KOA will summarize the traffic data collection, traffic forecasts, and traffic analysis in draft and final versions of the traffic impact study report. The traffic analysis will be based on the traffic study guidelines and policies of the City of Rosemead. This scope of work assumes that formal in- person meetings with the City and /or the Client will not be necessary to complete the traffic report. General coordination with both entities has been provided for within the scope of work, however. Utilities & Service Systems This section will evaluate the projected water, wastewater, and solid waste demand that would be generated by the project. The addition of new residences is not anticipated to result in a substantive need for new or expanded utilities; nonetheless impacts will be analyzed. The analysis will compare the existing uses on -site to the proposed uses with the project to make the determination of significance. Deliverables: • Administrative Draft IS /MND — Electronic copy — Five bound hardcopies (for City review) Task 3: Prepare and Circulate Draft IS /MND Impact Sciences will revise the Administrative Draft IS /MND in response to one round of comments from the City and prepare the Public Draft IS /MND for public review and comment. Impact Sciences will prepare the Notice of Availability (NOA) of the Draft IS /MND and file the notice with the County Clerk. Additional noticing and mailing is not included in this scope of work. Deliverables: Draft IS /MND • Fifteen bound copies (including the any technical appendices on CD) • One reproducible original (including a hard copy of the technical appendices) • One copy on CD (including both PDF and Word versions of the document) • NOA /filing with the County Clerk Impact Sciences, Inc. 10 Garvey Plaza 9992. Proposal fadEnviramnental Consulting Services Task 4: Prepare Responses to Comments /Final IS /MND Following the close of the IS /MND public review period and receipt of all public comments, Impact Sciences will prepare written responses to comments and the Administrative Final IS /MND for review and comment by the project team. Impact Sciences will revise the responses to comments and Administrative Final IS /MND to incorporate one round of comments and revisions by the project team. The time necessary to complete this task is highly dependent on the volume and depth of the comments received. However, based on past experience with similar projects, we anticipate the budgeted time is sufficient. Our scope of work assumes 16 hours to respond to comments, if we receive more than six letters requiring responses, or if any responses require additional analysis, we would prepare the additional responses according to our hourly rate schedule. In conjunction with the Final IS /MND, Impact Sciences will prepare a Mitigation Monitoring and Reporting Program (MMRP) that identifies the mitigation measures included in the Draft IS /MND and updated in the Final IS/MND, the timing of the implementation of each measure, and the entity (applicant, agency, or both) responsible for implementing and monitoring each measure. Impact Sciences will file the Notice of Determination (NOD) with the County Clerk's office. Additional noticing and /or mailing are not included in this scope of work. Deliverables: • Final IS /MND, including Response to Comments and MMRP • Ten bound copies • One copy on CD (including both PDF and Word versions of the documents) • File the NOD with the County Clerk Task 5: Project CoordinationlMeetings Our cost proposal provides for active project management and coordination by the principal and project manager responsible for the day -to -day management. The Impact Sciences principal and project manager will attend progress meetings either in person or via teleconference. We will also be available to meet with the project team and the City as needed to discuss the status of the environmental document. This proposal assumes we will attend one status meeting, plus a kickoff meeting and two public hearings. If requested, Impact Sciences will attend additional meetings or hearings on a time and materials basis. Deliverables: • Meeting attendance, project management 5. PROJECT TEAM Impact Sciences has a full -time staff of 17 in three offices. Services for the City of Rosemead would be provided from our Pasadena office. Efficient management of individual projects will be ensured through the existing project management systems in place at Impact Sciences. Ms. Susan Tebo, Managing Principal, will serve as principal -in- charge and have responsibility for overall corporate commitment to the proposed effort, including agreement administrations. She will ensure that resources and staff are Lnpact Sciences, Inc. I I Garvey Plaza 9992. Proposal forlEavirmunental Coasutring Semites available to the City for the duration of the contract, and provide for overall coordination of projects and oversight of technical quality assurance review for work progress. Designated project managers that will be responsible for daily operations and the direction of professional staff during the preparation of City documents will include Susan Tebo, Jessica Kirchner Flores, Kathleen King, and Doug Brown. Below are brief summarizes of qualification of key staff. Full resumes are provided in Section 6, Resumes of Key Project Personnel. Key Staff Susan Tebo Managing Principal Ms. Tebo has over 30 years of professional experience in environmental review, resource management, and land -use planning. She has managed and prepared environmental documents in compliance with CEQA. Her primary responsibilities include environmental document preparation, agency consultation, project scheduling, budget supervision and control, subconsultant coordination, client contacts, presentation and testimony before public agencies and private groups. Ms. Tebo was a public sector planner for 11 years in Orange County. Ms. Tebo has also prepared environmental documentation for the City of San Juan Capistrano and the City of Yorba Linda. Jessica Kirchner Flores, AICP Senior Project Manager Ms. Kirchner Flores managed the preparation of the MND for the 512 South Valinda Avenue project prepared by Impact Sciences. She has more than 10 years of broad experience in environmental analysis. She has contributed to the preparation of environmental impact analysis under CEQA for projects covering a diverse range of land uses including commercial, institutional, affordable housing, transit facilities, and single- family and multi - family residential projects. Ms. Kirchner Flores has directed the preparation of numerous Initial Studies, Mitigated Negative Declarations, and Environmental Impact Reports (EIRs). She has worked on projects throughout the City of Los Angeles and the San Gabriel Valley. Ms. Kirchner Flores will be responsible for day -to -day management of the Garvey Plaza project. Eric Bell Air Quality Analyst Mr. Bell specializes in air quality and climate change services for regulatory compliance, including emissions inventories using a variety of industry - standard models; CEQA analysis; air permit applications; and mitigation strategy development. He has significant experience with preparing CEQA documents for a wide range of projects, including both construction and operational phases. His modeling skills involve the use of several advanced industry standard models, including Calmet and Calpuff for regional air shed modeling, and site - specific assessments using URBEMIS and Caline. He has worked in the United States and abroad, including Australia. Doug Brown Staff Planner Mr. Brown has more than five years of experience in environmental analysis for a variety of development projects. Mr. Brown has extensive experience performing noise monitoring for projects in Los Angeles, Ventura, Santa Barbara, and Kern Counties. Mr. Brown is trained in the use of Larson -Davis Model 720 Inipact sciences, Inc 12 Garvey Plaza 9992. Proposal forlEnvironmental Canindting Services and 820 sound level monitors and in the preparation of noise studies based on monitored existing noise levels and forecast increases in vehicular traffic. Kathleen King Staff Planner Ms. King has a diverse background in planning and has experience preparing environmental documents for large, complex, and programmatic projects. Ms. King has also prepared analyses for a range of project types, including commercial, residential, alternative energy and mixed use. She has performed analysis for projects subject to CEQA, including EIRs, MNDs, and Initial Studies for projects ranging small residential to large master planned communities. Quality Control Impact Sciences believes that a quality control program is an essential component of a work plan. Quality of project deliverables implies technical accuracy, internal document consistency, conformance to City methods for assessing impacts, and graphic and grammatical presentation of the document. Key elements to Impact Sciences quality assurance program include assigning highly experienced technical and management staff to each project, and keeping direct communication with' each professional staff assigned to a particular project through the entire process. Impact Sciences' routine quality control includes both a principal and project manager review of data interpretation and analytical methods. The project manager typically reviews work products in progress and compiles all completed products in accordance with internal deadlines. Once the document has been compiled, the project manager then reviews the conclusions and recommendations of documents against the quality assurance standards mentioned above. When the project manager feels that the document meets Impact Sciences high standards, the work product is given to the principal for review and final approval prior to submittals to the client. This stepped method allows for the review of the documents by management positions during different periods of completion and allows for us to provide our client with a quality product. Impact Sciences' project approach places emphasis on the active participation of experienced senior staff, responsiveness to the unique demands of each project, problem solving, active project management, and effective communication of planning and environmental information to the decision makers and the public. Our commitment to this approach has resulted in successful performance on a wide variety of assignments and long -term relationships with our clients. Schedule Tracking Impact Sciences has a well - developed system of project management that supports our overall workload - planning program. The program is designed to ensure that sufficient resources are available to project managers to successfully complete projects on schedule and within budget. Our project management system has been designed to match the needs of the complex interdisciplinary projects typically managed by our firm. Our emphasis on the proper organization of a new project at from the beginning is the key to meeting project budgets and schedules. At the start of each new project, the overall schedule for major tasks is added to our scheduling system. This information is updated by the project manager, with oversight by the principal at each new major phase of a project. This master schedule identifies critical due dates and facilitates the organization of our Impact Sciences, lvc. 13 Garvey Plaza 9992. Proposalfor /Environmental Consulting Services production staff. The number of hours of professional labor for each project is determined on a monthly basis to allow for the allocation of staff resources. Workload for individuals is determined based on this project input. Projections are updated monthly for a three -month period and adjustments to staff assignments are made at the beginning of the month as needed to provide adequate resources to all active projects. In order to meet critical deadlines, staff involved on projects with non - critical deadlines are available to project managers with critical deadlines. The broad interdisciplinary experience of our professional staff is a key to our ability to shift staff assignments as needed to meet individual project requirements. Impact Sciences' staff is committed to providing a level of analysis that ensures comprehensive and legally defensible environmental documents. Our intent is always to prepare an environmental document that contains substantial factual evidence for its conclusions regarding the significance of impacts and the effectiveness of mitigation. Budget Tracking Impact Sciences uses a firm -wide project cost tracking system (Vision) that provides for easy access by project managers to monitor project status. The Vision system provides for accounting, billing, and planning integrated into a single database. The project manager can access project costs data through a variety of reports and interactive computer pages. Our project administration staff (billing and accounting) can work independently of the project manager in tracking and accruing costs, while the project manager simultaneously can project and monitor future project tasks. The project manager reviews and approves all time costs weekly, and is responsible for approving all subcontracting and subconsultant invoices. All project time and costs are posted daily so that a real -time synopsis of project information is available. Impact Sciences utilizes a uniform four -week cycle to aggregate costs and invoice. Vision also provides for project schedule to be integrated with costs. Each project's phase and tasks are allocated by week or month. 6. RESUMES OF KEY PERSONNEL The following pages provide resumes for key staff assigned to the project. Impact Sciences, Inc 14 Gamey Plaza 9992, Proposal far /Enuirorunental Consulting Semices Insert Resumes Susan Tebo Jessica Kirchner Doug Brown Impact Sciences. Inc 15 Garvey Plaza 9992, Proposalfor /Environmental Coasulfiq Services 7. DOCUMENTATION OF RECENT PROJECT Relevant project experience is provided in Section 3, Relevant Experience and Skills. 8. REFERENCES References are provided in Section 3, Relevant Experience and Skills. 9. STATEMENT OF UNDERSTANDING Impact Sciences understands that falsification of work experience is grounds to eliminate proposals. 10. COST BREAKDOWN IS /MND Cost Proposal A cost proposal to prepare the Garvey Avenue project is provided below. Costs are provided for each major task and are valid for 60 days from the date of the proposal submittal. Our standard fee schedule follows the detailed budget. All direct costs, such as printing and delivery charges, will be billed in accordance with the attached fee schedule. Task 1: Review Existing Information /Kickoff Meeting with Project Team $1,325 Task 2: Prepare Administrative Draft IS /MND $14,205 Task 3: Prepare and Circulate Draft IS /MND $2,810 Task 4: Prepare Responses to Comments /Final IS /MND /MMRP $5,910 Task 5: Project Coordination /Meetings $2,310 TOTAL PROPOSED IMPACT SCIENCES LABOR COST: $26,560 Expense Allowance (postage, deliveries, misc. printing, mileage, posting fees, etc.) $1,500 Traffic Study Preparation (KOA Corporation) $7,100 TOTAL COST: $35,160 Lnpacf Sciences, Me. 24 Garvey Plaza 9992. Proposal for /Eamm azental Cmtiulfing Services Insert Excel Spreadsheet Impact Sciences, Inc 2$ Garvey Plnzn 9992, Praposnl forlEnvironmentnl ConsuUing Services Insert Fee Schedule Impact Sciences, Inc. 26 Garvey Plaza 9992, Proposal forlEavironmental Consulting Services Insert Fee Schedule Impact Sciences, lec. 27 Cameg Plaza 9992. Proposal fodEnvironmenlal Consultii q Servins 11. Timeline Impact Sciences is prepared to start work immediately upon receiving authorization to proceed. The administrative Draft IS /MND will be ready to submit to the City in approximately three weeks. Authorization to Proceed KOA Prepares Draft Scoping Document City Provides Comments on Draft Scoping Document KOA submits Draft Traffic Study Deliver Administrative Draft IS /MND City Comments (two weeks) Prepare Draft IS/MND for Circulation (one week) Public Review Period (30 days) Respond to Comments /Prepare Final IS /MND (1 week) Insurance Requirements September 3, 2013 September 6, 2013 September 13, 2013 October 11, 2013 October 25, 2013 November 8, 2013 November 15, 2013 December 16, 2013 December 20, 2013 Impact Sciences maintains insurance pursuant to the City's requirements and will provide the City with an endorsement of the coverage listed below upon request. Comprehensive General Liability Insurance, Contractual Liability Insurance, and Projects Liability Insurance Impact Sciences maintains liability insurance of $1,000,000 each occurrence. Errors and Omissions Insurance Impact Sciences maintains errors and omissions insurance. Worker's Compensation Impact Sciences maintains worker's compensation insurance at the statutory limits. Cost Effectiveness Impact Sciences is willing to participate in the City's annual cost- effectiveness and performance evaluation. Impact Scien[PS, Inc. 28 Garvay Plaza 9992. Proposil far /Eiivirarnnenlal Cmuidting Services APPENDIX A KOA Scope of Work Lily Trinh From: Jessica Kirchner Flores <jflores @impactsciences.com> Sent: Tuesday, September 03, 2013 11:55 AM To: Lily Trinh Subject: RE: RFP No. 2013 -07 Attachments: Garvey Plaza Cost090313.pdf Hi Lily- Thanks for your questions, below are the responses. 1. Yes, the noise analysis will include analysis of vibration impacts. We also will photograph the project site and analyze the visual impacts. 2. a. We will include all technical reports in the appendix b. Our proposal assumed the City would handle the distribution, I revised the cost proposal (attached) to reflect distribution associated with the Draft and Final MIND. The cost to complete the printing /distribution would be $2,250 as reflected in the cost sheet. c. Impact Sciences will file the notices as described in your email d. Preparation of response to comments is included under Task 4, the cost for distribution will be included in the $2,250 printing /distribution allowance described under (b) above. e. Preparation of the MMRP is included in Task 4, printing is included in the $2,250 printing /distribution allowance described above. Please let me know if you have any additional questions or need further clarification. Best, Jessica From: Lily Trinh [ mailto :ltrinhCalcityofrosemead.org Sent: Tuesday, September 03, 2013 11:22 AM To: Jessica Kirchner Flores Subject: RFP No. 2013-07 Good morning Jessica, The City of Rosemead has received the environmental services proposal from Impact Sciences, Inc. for the Garvey 168 Plaza. We're currently in the process of selecting a consulting firm. After reviewing the proposal from Impact Sciences, Inc., I do have some questions and clarifications for you. 1. 1 understand that the MIND will cover the traffic, air quality, greenhouse gas, noise, land use, public services, utilities, and aesthetics, however, I want to confirm that the noise study will include vibration and a photometric study will also be completed. 2. Questions under Task 3 (page 10): a. Appendices: Will all technical reports shall be included in the appendix? b. Print and Mail MIND: Task 3 discusses that you will prepare the draft for review and comment, however, it makes no reference to the mailing for public circulation. The City would like the consultant to mail the "ATTACHMENT C" Draft IS /MND to surrounding cities, the Los Angeles County Planning Department, and other agencies or private entities requesting the MND. c. Noticing: A Notice of Availability is unnecessary for this project, since it's only an MIND. • Notice of Intent: The City would like the consultant to prepare the NO1 to Adopt the MND and mail to all responsible agencies and interested persons along with a copy of the MND on CD. We'd also like the consultant to file the NOI with the LA County Clerk to start the 20 -day MND public review period. Notice of Determination: The City would like the consultant to prepare the NOD as required by Section 15094 of the CEQA Guidelines the day after the MND is adopted and the project is approved. The consultant will file the NOD with the LA County Clerk. Fish and Wildlife Fee: A California Department of Fish and Wildlife fee will have to be paid at the time the NOD is filed with the LA County Clerk. The City or project applicant will provide the consultant with a check for the appropriate fee. Once the NOD is filed, the consultant will provide the original Fish and Wildlife fee receipt and a copy of the NOD to the city for its records. d. Responses to Comments: The City would like the consultant to prepare written responses to all comments received to the MIND and to mail the "Response to Comments" to the agencies and individuals that submitted comments at least ten days prior to the schedule hearing to adopt the MND. e. Mitigation Monitoring Plan: The City would like the consultant to prepare the MMP as required by Public Resources Code Section 21081.6 for all measures that are recommended to mitigate significant impacts. The MMP shall list all mitigation measures presented in the MND and identify the City department that will be responsible to monitor and implement each mitigation measure. Once the MMP is completed, two (2) hard copies shall be submitted to City staff for review. Staffs comments shall be incorporated and five (5) hard copies shall submitted to the City for its use. If the fee schedule will need to be revised due to the comments above, please revise the fee schedule and email it to me as soon as possible. Thank you, Lily Lily Trinh Associate Planner City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Phone: 626 -569 -2142 Fax: 626 - 307 -9218 www.citvofrosemead.org Cost Estimate Garvey Avenue IS /MND All expenses will be billed on a time and materials basis against this allowiance in accordance vdth Impact Sciences' Standard Fee Schedule (attached) STAFF Managing Sr. Project Air Quality Project Graphic TOTAL CATEGORY Principal Manager Specialist Planner Artist Editor BILLING RATE $180 $165 $160 $125 $115 $100 TASK 1: REVIEW EXISTING INFORMATION /KICKOFF MEETING Review Project Information/Site Reconnaissance 2 4 $830 Kickoff Meeting 3 $495 SUBTOTAL $0 $625 $0 $500 $0 $0 $1,325 TASK 2: PREPARE ADMINISTRATIVE DRAFT IS /MND Project Description 6 3 0 $1,335 Prepare Administrative Draft lS/MND 1 8 28 40 6 12 $12,870 SUBTOTAL $180 $2,310 $4,480 $5,000 $1,035 $1,200 $14,205 TASK 3: PREPARE AND CIRCULATE DRAFT IS/MND Revise Administrative Draft IS/MND 1 2 5 8 $2,310 Document Production and Filing 5 $500 SUBTOTAL $180 $330 $800 $1,000 $0 $500 $2,810 TASK 4: PREPARE RESPONSES TO COMMENTS /FINAL IS /MND Responses to Comments and Final IS/MND 1 2 2 8 $1,830 Revise Responses to Comments and Final IS /MND 2 2 8 $0 Prepare MMRP 2 12 $0 Document Production and Filing 6 $0 SUBTOTAL $180 $990 $640 $3,500 $0 $600 $5,910 TASK 5: PROJECT COORDINATION /MEETINGS Project Management 8 $1,320 Attend Public Meetings 6 $990 $0 SUBTOTAL $0 $2,310 $0 $0 $0 $0 $2,310 TOTAL LABOR COSTS $26,560 DIRECT EXPENSES Miscellaneous Expenses (Mileage, general reproduction, misc. mailings and overnights) $800 Filing Fee /Noticing $500 Noise Monitor (2@ $100) $200 Printing /Distribution $2,250 TOTAL EXPENSES $3,750 TRAFFIC STUDY (KOA Corporation) $7,100 TOTAL COST $37,410 All expenses will be billed on a time and materials basis against this allowiance in accordance vdth Impact Sciences' Standard Fee Schedule (attached) PF51p[NIML V.VdIHL 8479 E. GARVEY AVE., ROSEMEAD, CA 91770 n + SOUTH ELEVATION (FROM GARVEY AVE.) ,1. . �rP�nr :I &X e SOUTH ELEV ATION commmC P/Pl� OVERALL WEST ELEVATION "EXHIBIT D" OVERALL EAST ELEVATION (FROM WILLARD AVE.) ww + NORTH ELEVATION �� �x e NORTH ELEVATION