CC - Item 4F - Assignment of New Garvey Market Plaza Environmental Consulting Services Contract to Phil Martin & Associates, Inc.ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: DECEMBER 10, 2013
SUBJECT: ASSIGNMENT OF NEW GARVEY MARKET PLAZA ENVIRONMENTAL
CONSULTING SERVICES CONTRACT TO PHIL MARTIN &
ASSOCIATES, INC.
SUMMARY
The City has received entitlement applications from Gerard Ngo, requesting to construct a
new shopping center consisting of three (3) buildings totaling 48,000 square feet of floor
area with underground and ground level parking. The project will include a Zone Change,
General Plan Amendment, and Tract Map (to consolidate the parcels). The subject site is
located at 7419 -7459 Garvey Avenue in the P -D (Planned Development) and R -2 (Light
Multiple Residential) zone.
On October 10, 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 City Manager to execute a contract agreement with Phil Martin &
Associates, Inc. to assist in the preparation of required CEQA studies.
2) Direct staff to obtain a deposit of $59,455 from the developer to cover the full cost
for contract services prior to authorizing the environmental studies consultant to
proceed.
ANALYSIS
On October 10, 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.
ITEM NUMBER: 41
City Council Report
December 10, 2013
Page 2 of 2
Four (4) firms submitted formal bid proposals. After reviewing the proposals, staff found
that Phil Martin & Associates, Inc. is most suitable for this project. Phil Martin &
Associates, Inc. Phil Martin & Associates, Inc. has been providing environmental services
for compliance with the California Environmental Quality Act (CEQA) and National
Environmental Policy Act (NEPA) since 1978. The services include the preparation of
Initial Studies, Mitigated Negative Declarations, Environmental Assessments, Program
Environmental Impact Reports (EIRs), and Project EIRs.
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.
jPr
Lily
Associate Planner
ATTACHMENTS:
Submitted by:
Michelle Ramirez
Community Developmen Director
Attachment A: Draft Contract Agreement
Attachment B: Proposal by Phil Martin & Associates, Inc.
Attachment C: 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 December, 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 Phil Martin & Associates, Inc., a corporation with
its principal place of business at 3002 Dow Avenue, Suite 122, Tustin, California 92780
( "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 New Garvey Market 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 December 10, 2013
to June 30, 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"
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. 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: Phil Martin (President).
3.2.5 City's Representative. The City hereby designates City Planner or her
designee, to act as its representative for the performance of this Agreement ( "City's
Representative "). City's Representative shall have the power to act on behalf of the City
for all purposes under this Contract. Consultant shall not accept direction or orders from
any person other than the City's Representative or his or her designee.
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3.2.6 Consultant's Representative. Consultant hereby designates Phil
Martin or his 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, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
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3.2.10 Insurance.
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 underwhich 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 fifty -four thousand, three hundred dollars ($59,455) without
advance written approval of the City. 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 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
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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 underthis 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.
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
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terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
Phil Martin & Associates, Inc.
3002 Dow Avenue, Suite 122
Tustin, CA 92780
Attn: Phil Martin
CITY:
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 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
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by Consultant. Such materials shall not, without the prior written consent of City, be used
by Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the prior
written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all 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 incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnity 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
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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 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
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employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicitor secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. Consultant further agrees to file, or shall cause its employees or
subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as
required understate law in the performance of the Services. For breach or violation of this
warranty, 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 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.
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CITY OF ROSEMEAD PHIL MARTIN & ASSOCIATES, INC.
0
Jeff Allred, City Manager
City of Rosemead
M
Attest:
Gloria Molleda
City Clerk
Approved as to Form:
Rachel Richman, City Attorney
Burke, Williams & Sorensen, LLP
Title:
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
LIM
Title:
Phil Martin & Associates, Inc.
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EXHIBIT " A "
SCOPE OF SERVICES
Phil Martin & Associates proposes the following work productto prepare the environmental
impact report for the project.
a. Kick -off Meeting
Upon authorization to proceed and signature of a contract, Phil Martin will meet with City
staff and the project applicant to discuss the project in detail, develop a schedule to
complete the MND and obtain the documents requested in this proposal to begin
preparation of the MND. We will also discuss a traffic scope of work with the City's traffic
engineer and the traffic consultant to ensure the traffic consultant adequately addresses all
City traffic and circulation issues associated with the project.
b. Preparation of Mitigated Negative Declaration
Immediately after the kick -off meeting Phil Martin &Associates will begin preparation of the
Mitigated Negative Declaration. Phil Martin & Associates will prepare the MND to comply
with the 2013 CEQA Guidelines, as amended. The MND will include the following tasks:
Aesthetics
The City of Rosemead General Plan does not identify any designated scenic resources on
the site and the State does not have any adopted scenic state highways adjacent to or
close proximity to the site. Thus, this section will focus on and analyze the potential
aesthetic impacts of the project on the land uses adjacent to and surrounding the site. The
existing aesthetic characteristics of the site and surrounding land uses will be described,
including the residences of the mobile home parks north of the site. Surface level
photographs of the site and the surrounding land uses will be provided along with a photo
key map to show the aesthetic and visual qualities on the site and the land uses
surrounding the site.
This section will include an analysis of the potential aesthetic impacts of the project due to
the proposed development. Phil Martin & Associates will prepare two photo - simulations of
the project. One photo simulation will show the project as seen from Garvey Avenue
(south elevation) and a second photo - simulation will show the project as seen from the
mobile home park north of the center (north elevation). The photo - simulations will show
the site as proposed for development. The level of detail of the photo - simulations will be
based on the detail of information provided by the project architect.
This section will include building elevations showing the architecture, design, and color
scheme of the proposed building as seen from all four sides including Garvey Avenue and
the mobile home park residences north of the site. A landscape plan showing the
proposed plantings and hardscape materials of the project will be included in the MND.
The aesthetic section will compare the architecture, design, and landscape plans to any
applicable City design guidelines.
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A photometric study will be provided by OMB Electrical to determine the potential lighting
impacts of the project to adjacent residents north and east of the site. The photometric
study will show the lumens on the properties adjacent to the site to determine if project
lighting would impact adjacent residents. Site specific lighting information including light
manufacturers, light model numbers, light locations, height, lumens, etc. will be requested
from the architect in order to provide a meaningful photometric analysis.
If potential aesthetic impacts are identified, measures to mitigate potential aesthetic
impacts will be recommended in conjunction with recommendations of city staff and the
project developer.
Air Quality
Giroux & Associates will prepare an air quality analysis and greenhouse gas emission
calculations as a sub - consultant to Phil Martin & Associates. Phil Martin & Associates will
summarize the air quality and greenhouse gas emission reports in the MND and attach the
full documents in the appendix.
The air quality report will include the following information:
• Provide an air quality setting based upon SCAQMD monitoring data from the Pico
Rivera air monitoring station.
• Calculate temporary construction activity emissions (demolition, grading &
construction) using procedures identified in the SCAQMD CEQA Air Quality
Handbook (1993) and incorporated into the CalEEMod computer model.
• Calculate regional vehicular emissions using the currently recommended CalEEMod
computer model.
• Evaluate the potential for micro -scale air pollution "hotspot" formation relative to
surrounding emissions sources. Discuss project proximity to emissions sources
from adjacent commercial uses (laundromats, fast food and sit -down restaurants,
etc.).
• Analyze possible air quality issues between subterranean parking and on -site
residential use.
• Discuss project consistency with the South Coast Air Basin Regional Air Quality
Management Plan in terms of land use planning consistency.
• Identify any potentially applicable mitigation measures, including relevant
transportation control measures (TCMs) incorporated into the air basin portion of the
California State Implementation Plan (SIP).
• Discuss the potential effects on local air quality of cumulative development in the
area.
• Summarize the air quality findings in a " stand - alone" draft air quality technical report
in a setting /impact/mitigation format.
The air quality impacts of the project will be divided into the short-term dust generation,
local impacts, and long -term regional air pollution increases. Short-term dust and emission
generation due to construction activities will be forecasted using the URBEMIS model. If
provided by the project applicant, detailed estimates of the potential construction
Phil Martin & Associates, Inc.
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equipment that will be used during project demolition and construction will be referenced to
calculate these emissions. Otherwise, conservative estimates of the various required
construction activities to determine short-term emissions will be used. The air pollutant
emissions generated during project construction will be compared to the SCAQMD
Regional and Local Significance Thresholds. Measures to reduce dust generation required
by the South Coast Air Quality Management District will be identified. Additionally,
measures in the AQMP to control construction activity emissions will be, as applicable,
discussed in the air quality report. Long -term operational emissions will be generated by
project traffic, combustion of natural gas to heat the building, operation of landscape
equipment, and the use of architectural coatings during building maintenance. The air
emissions generated by these sources will be assessed and compared to the SCAQMD
Regional and Local Significance Thresholds to determine their significance.
Mitigation measures will be recommended to reduce significant long -term operational air
quality emissions as much as possible to meet adopted thresholds and comply with CEQA.
Greenhouse Gas Assessment
Giroux and Associates will closely follow the generally accepted analysis methodologies
and significance thresholds for greenhouse gas emissions and will apply the most current
standards to the project. The greenhouse gas scope of work will include the following:
• Describe the existing GHG regulatory environment focused on AB -32 and SB -375.
Summarize the base year GHG emissions inventory for Rosemead and discuss the
likely progress in moving forward from that time.
• Identify the appropriate thresholds of impact significance that include both the
quantity of GHG generated by the project as well as project consistency with
sustainable community initiatives.
• Quantify GHG emissions associated with transportation, on -site energy
consumption, indirect electricity generation emissions, solid waste generation, and
water use using the CalEEMod computer model GHG module.
• Based upon the relative roles of transportation and non - transportation emissions
projections, identify mitigation potential that might reduce the gap between AB -32
goals versus programs that are already in place (CAFE, LCFS, energy efficiency,
etc.).
• Determine GHG impact significance after application of available mitigation
measures.
Geology and Soils
A preliminary geotechnical report will be provided by the project applicant to Phil Martin &
Associates for incorporation into the MND. The geotechnical report will be summarized in
the MND and the full geotechnical report included in the appendix.
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Hazards and Hazardous Materials
A Phase I Environmental Site Assessment (ESA) will be provided by the project applicant
to Phil Martin & Associates for incorporation into the MND. The Phase I ESA will be
summarized in the MND and the full geotechnical report included in the appendix.
Mitigation measures, based on the conclusions and recommendations in the Phase I ESA
will be incorporated into the MND to reduce potential hazardous impacts to less than
significant to comply with CEQA.
HydrologyMater Quality
A hydrology report, grading plan and Water Quality Management Plan (WQMP) will be
provided by the project applicant to Phil Martin & Associates for incorporation into the
MND. The hydrology report and Water Quality Management Plan (WQMP) will be
summarized in the MND and the full reports included in the appendix.
Mitigation measures, if required, will be incorporated into the MND to reduce potential
water quality, grading or storm water impacts to less than significant to comply with CEQA.
Land Use,
The RFP states the project will require the following entitlements: a) General Plan
Amendment; b) Zone Change; c) Tentative Tract Map; and (d) a Design Review
Application. The Rosemead General Plan land use designation for the site is Mixed Use:
Residential /Commercial (60 du /ac) and Medium Density Residential and the Zoning is P -D
(Planned Development) and R -2 (Light Multiple Residential). The project will require a
General Plan Amendment for a portion of Lot 2 from Medium Density Residential to Mixed -
Use High Density Residential /Commercial and Zone change from P -D (Planned
Development) to C -3 (Medium Commercial).
The land use section will discuss the compatibility of the project with the adjacent
surrounding land use. This section will also analyze the potential impacts of the requested
entitlements and development standards with the existing surrounding land uses. This
section will compare development of the site consistent with the existing development
standards based on existing zoning and the Rosemead Municipal Code and compare that
development to the proposed development. When required, measures will be
recommended to reduce land use impacts to less than significant.
Noise
Giroux & Associates will prepare a noise assessment for the project as a sub - consultant to
Phil Martin & Associates. Phil Martin & Associates will summarize the noise assessment
and attach the complete report in the MND appendix.
The noise assessment will include the following:
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• Perform limited on -site ambient noise monitoring after consultation with city staff to
establish an existing baseline and determine the noise generation from traffic and
commercial operations.
• Develop a baseline traffic noise exposure profile in terms of the CNEL noise metric
using the FHWA Model with the latest California vehicle noise cures (CALVENO)
focused on local impacts from Garvey Avenue traffic.
• Identify specific sensitive receiver locations where mobile source noise impacts may
adversely affect nearby sensitive receivers.
• Evaluate stationary noise impacts from temporary on -site construction noise
sources.
• Discuss possible noise constraints from the commercial use proposed for the site.
• Relate project noise impacts to the Noise Element noise /land use compatibility
guidelines in the City of Rosemead General Plan Noise Element and other
applicable noise exposure regulations.
• Develop a noise impact mitigation plan for any predicted noise impacts that exceed
target noise exposure limits, including community noise standards relevant to this
project as contained in the City of Rosemead Noise Element and Noise Ordinance
(Chapter 8.36). The City's noise standards will be summarized and their relevance
to the project discussed.
• Identify likely structural noise protection that will be needed to meet the building
code.
• Summarize the findings in a "stand- alone" draft noise report.
Mitigation measures to reduce potential noise impacts will be provided as necessary to
meet the City's Noise Ordinance and comply with CEQA.
Public Services and Utilities
This section will evaluate the potential impacts of the project on the various public services
and utilities that will sere the project. The public services that will be analyzed include
police and fire protection, solid waste collection, water, wastewater, electricity, and natural
gas. Service letters will be sent to the public agencies to solicit their comments with
regards to impacts by the project on their respective service. Information will be provided
that identifies the size and location of the existing services /utilities that sere the site and
discuss if the existing facilities are adequate of if upgrades and improvements will be
required. For the existing utilities that will need to be upgraded or extended to sere the
project the MND will discuss potential impacts to extend or upgrade those utilities. When
required to comply with CEQA, mitigation measures will be recommended to reduce
potential impacts to less than significant.
Trans portation /Traffic
VA Consulting will prepare a traffic and circulation study for the project as a sub - consultant
to Phil Martin & Associates. VA Consulting's traffic scope of work will be reviewed and
approved by the City prior to their start of the traffic study to ensure the traffic study
addresses all of the city's traffic and circulation concerns.
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The Project Traffic Impact Analysis (TIA) will be prepared in accordance with applicable
City and /or County guidelines. VA will conduct research with the appropriate agencies to
identify future planned roadway improvements, if any, within the project study area. VA will
obtain recently completed traffic impact studies and information on other projects located in
vicinity of the proposed project, as applicable including the Garvey /Del Mar Plaza and
Garvey 168 Plaza projects. VA will also inventory the existing intersection geometrics and
controls, the number of through travel lanes on roadways, presence and types of medians,
pedestrian, bicycle, parking and transit facilities, and existing land uses within the project
vicinity.
The project traffic generation will be based on the latest site plan and estimated using the
applicable trip generation rates in the Trip Generation, 9th Edition, published by the
Institute of Transportation Engineers (ITE), or other appropriate sources. The project trip
distribution will be based in accordance with the local and regional roadway /freeway
network characteristics.
The project is estimated to generate approximately 4,552 weekday vehicle trips with 89
inbound and 54 outbound trips during the AM peak hour and 211 inbound and 207
outbound trips during the PM peak hour. A typical threshold for an off -site intersection to
be included in a traffic study is a location that receives a minimum of 50 peak hour project
trips. Therefore, based on the preliminary trip generation and a reasonable trip distribution,
the following intersections are proposed to be studied for the traffic analysis:
1. N. Orange Avenue at Emerson Place (4 -way stop);
2. S. Orange Avenue at Garvey Avenue (signalized);
3. New Avenue at Hellman Avenue (signalized);
4. New Avenue at Emerson Place (signalized);
5. New Avenue at Garvey Avenue (signalized);
6. New Avenue at Newmark Avenue (signalized);
7. Jackson Avenue at Hellman Avenue (signalized);
8. Jackson Avenue at Emerson Place (4 -way stop);
9. Jackson Avenue at Garvey Avenue (signalized);
10. Del Mar Avenue at Hellman Avenue (signalized);
11. Del Mar Avenue at Emerson Place (signalized);
12. Del Mar Avenue at Garvey Avenue (signalized);
13. Del Mar Avenue at Highcliff Street (signalized);
14. Brighton Street at Garrey Avenue (1 -way stop); and
15. Kelburn Avenue at Garvey Avenue (signalized).
Traffic Volume Data Collection
VA will collect existing weekday traffic data for study area intersections 1 through 8. Eight
(8) weekday AM /PM peak hour turning movement counts will be conducted at the off -site
study intersections 1 through 8 identified above. Data for intersections 9 through 15 are
included in the traffic study that VA is currently preparing for the Garrey /Del Mar Plaza
project. Therefore, intersections 9 -15 will not have to be counted at this time.
Weekday 24 -hour volume counts will be conducted at up to eight (8) roadway segment
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locations between study area intersections 1 through 8. No weekend traffic data counts
are included as part of this analysis. VA has the necessary counts for intersections 9 -15.
Traffic Projections
Once the existing volume data is collected, a growth factor will be applied to the existing
traffic volumes to consider the ambient traffic growth to the future baseline year. The
baseline year will be the project completion year. In addition to ambient growth, baseline
volumes will include traffic generated by the cumulative projects in the area, including the
Garvey /Del Mar Plaza and Garvey 168 Plaza projects. The project traffic generation will be
estimated using trip generation rates identified in Trip Generation, 9th Edition, published by
the Institute of Transportation Engineers (ITE), or other appropriate source. It is assumed
the project will be developed in a single phase.
Level of Service Analysis
VA will use the Intersection Capacity Utilization (ICU) method in accordance with
City /County guidelines and parameters to determine intersection level of service (LOS) at
the study area intersections. The target level of service will be confirmed by the City.
Roadway level of service will be based on volume -to- capacity (V /C) analysis. The Level of
Service analysis will be performed for the following six (6) scenarios for the study are
intersections:
• Existing volumes;
• Existing volumes plus Project;
• Existing volumes plus Project with mitigation (if necessary);
• Baseline (Project Year) volumes;
• Baseline plus Project (Project Year) volumes; and
• Baseline plus Project (Project Year) volumes with mitigation (if necessary).
If necessary, for project mitigation scenarios, capacity enhancements will be identified and
analyzed in terms of feasibility and cost to maintain the required level of service.
Additional Specific Analyses
The traffic study will also include additional analyses such as geometric
configuration /striping alternatives, signal warrant analysis, queuing analysis, sight distance
analysis, on -site circulation, parking and parking code compliance, and emergency vehicle
access. Based on review of existing raised and striped median improvements along
Garvey Avenue and the project access driveway locations as depicted on the site plan,
modifications to the existing median configurations may be required. VA will confirm
project access requirements and make recommendations for the local circulation network,
including median configurations, as appropriate.
Report Preparation
VA will prepare a summary report including all tables, figures, and text as required to
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document the study methodologies, conclusions, and recommendations. The report will
include all LOS, volume -to- capacity, traffic data, and all other appropriate back -up
calculations in the appendix. For the purpose of this proposal, a total of two study reviews
and a total of 8 hours of staff time have been budgeted to incorporate staff's comments
into the final traffic report, which will be incorporated into the MND.
Measures to mitigated project traffic and circulation impacts will be recommended when
required to meet city level of service requirements and CEQA.
Cumulative Impacts
Per CEQA Guidelines Section 15355 this section will provide a discussion of the potential
environmental effects that could occur with development of the project in conjunction with
other planned and entitled projects in the area, including the compounding of cumulative
project impacts. Cumulative project information will be obtained from City staff and include
projects that have been entitled but not constructed, projects that are not entitled, but in the
planning process, and reasonably foreseeable future projects. The cities adjacent to
Rosemead will be contacted to identify any projects within their jurisdiction that should be
included in the cumulative impact analysis. A map will be prepared to show the location of
the cumulative projects. When required by CEQA, mitigation measures will be
recommended to mitigate any cumulative project impacts.
References, Persons and Agencies Contacted and MND Preparation
This section will list all reference documents used to prepare the MND and all persons,
agencies and individuals contacted during preparation of the MND.
Appendices
The MND appendix will include all technical reports.
b. Screen Check MND
Once the MND is completed five (5) hard copies and one (1) compact disc of the Mitigated
Negative Declaration will be submitted to city staff for its review and comment. Staff's
comments and changes will be incorporated into the MND and five (5) second screen
check hard copies and one (1) compact disc will be submitted for a second review to the
city. Staff's final screen check comments will be incorporated and the Mitigated Negative
Declaration prepared for printing.
c. Print and Mail MND
Phil Martin & Associates will print and mail fifteen (15) hard copies and /or compact disks of
the MND for public circulation and use by the City, including the surrounding cities, the Los
Angeles County Planning Department and any other agencies or private entities requesting
the MND. A master hard copy and a compact disk of the MND will be provided to the city
for its use.
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d. Prepare Notice of Intent to Adopt a Mitigated Negative Declaration
Phil Martin & Associates will prepare a Notice of Intent to Adopt a MND (NOI). Once
reviewed and approved by the City, a copy will be mailed to all responsible agencies and
interested persons along with a copy of the MND on compact disc. Phil Martin &
Associates will also file the NOI with the Los Angeles County Clerk to start the 20 -day MND
public review period.
e. Respond to Comments
Phil Martin & Associates, Inc. will prepare written responses to all comments received to
the MND. For the purpose of this proposal Phil Martin & Associates has allocated six (6)
hours to respond to comments, which includes time for Phil Martin & Associates and its
sub - consultants. Additional time for Phil Martin & Associates and /or sub - consultants to
respond to comments beyond six hours will be billed on a time and materials basis.
Five (5) hard copies and one (1) compact disc of the Response to Comments will be
submitted to the city for its review and comment. The city's changes will be incorporated
and copies of the Response to Comments will be printed. Phil Martin & Associates will
mail the Response to Comments to the agencies and individuals that submitted comments
at least ten days prior to the scheduled hearing to adopt the MND. Phil Martin &
Associates will print and mail up to ten (10) copies of the Response to Comments.
f. Attend Public Hearings
Phil Martin &Associates has budgeted to attend one (1) Planning Commission and one (1)
City Council hearing. Attendance at additional public hearings will be billed on time and
material basis.
g. File Notice of Determination and Pay Fish and Wildlife Fee
Phil Martin & Associates will prepare the Notice of Determination (NOD) as required by
Section 15094 of the CEQA Guidelines. The day after the MND is adopted and the project
is approved Phil Martin & Associates will file the Notice of Determination with the Los
Angeles County Clerk.
A California Department of Fish and Wildlife fee will have to be paid at the time the NOD is
filed with the Los Angeles County Clerk. The City or project applicant shall provide Phil
Martin & Associates a check for the appropriate Fish and Wildlife fee. Once the NOD is
filed with the Los Angeles County Clerk, Phil Martin & Associates will provide the original
Fish and Wildlife Fee receipt and a copy of the filed NOD to the city for its records.
There is a 30 -day statute of limitation period the public has to file legal challenges to the
adoption of the MND once the Notice of Determination is filed with the Los Angeles County
Phil Martin & Associates, Inc.
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Clerk. If no legal challenges to the adequacy of the MND are filed within this 30 -day period
the adoption is final.
h. Mitigation Monitoring Plan
Phil Martin & Associates will prepare a Mitigation Monitoring Plan (MMP) as required by
Public Resources Code Section 21081.6 for all measures that are recommended to
mitigate significant impacts. The Mitigation Monitoring Plan will list all mitigation measures
presented in the MND and identify the City department that will be responsible to monitor
and implement each mitigation measure. Once the MMP is completed, two (2) hard copies
will be submitted to city staff for its review. Staffs comments will be incorporated and five
(5) hard copies submitted to the city for its use.
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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 December 10,
2013,
1) Start Date - kick -off meeting — December 12, 2013
2) Submit Screen Check Initial Study /Mitigated Negative Declaration to City— February
4, 2014
3) Receive staff comments to Initial Study /Mitigated Negative Declaration — February
25, 2014
4) Mail Initial Study /Mitigated Negative Declaration — March 5, 2014
5) Initial Study /Mitigated Negative Declaration public review period — March 6, 2014 —
March 25, 2014
6) Submit screen check Initial Study /Mitigated Negative Declaration (Response to
Comments) to City — March 31, 2014
7) Receive staff comments to screen check Initial Study /Mitigated Negative
Declaration (Response to Comments) — April 7, 2014
8) Mail Initial Study /Mitigated Negative Declaration Response to Comments and
submit final Initial Study /Mitigated Negative Declaration to city staff for its use —April
14, 2014
9) Planning Commission /City Council hearings — April /May 2014
10)File Notice of Determination with County Clerk — May 2014
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EXHIBIT "C"
COMPENSATION
Mitigated Negative Declaration Budget
MND Cost Breakdown
Kick -off Meeting — Phil
Martin
$150
$450
Initial Stud /MND
Prepare Initial Study /MND —
Phil Martin
$150
$22,500
Traffic — VA Consulting
$16,400
Photometric — OMB Electrical
$3,100
Air Quality /Greenhouse Gas
Report/Noise — Giroux &
Associates
$4,400
Artistic Engineering — photo
renderin
$3,500
Direct — printing, mailing, CDs
$400
Final MND
Response to Comments
$150
$900
Mitigation Monitoring and
Reporting Program
$150
$600
File CEQA notices
$300
Meetings — 2 staff meetings —
Phil Martin
$150
$600
Public Hearings — 1 Planning
Commission and 1 City
Council — Phil Martin
$150
$900
Total
$54,050
`fixed fee contract
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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 orendorse
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 anyway 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.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
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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- orbetter 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.
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
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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
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.
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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.
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
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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.
MA
Phil Marlin & Aisodofes, Inc.
October 28, 2013
City of Rosemead
City Clerk's Office
Attn: Gloria Molleda, City Clerk
838 East Valley Boulevard
Rosemead, CA 91770
RE: Request for Proposal No. 2013 -08 — Environmental Consulting Services
Dear Ms. Molleda:
Phil Martin & Associates Inc. appreciates the opportunity to submit this proposal for a proposed
commercial development. It is out understanding the project applicant is requesting a General Plan
Amendment, Zone Change, Tentative Tract Map and Design Review for a 3.43 acre site at 7419-
7459 Garvey Avenue to allow the development of a shopping center comprised of three buildings
and totaling 48,000 square feet. The site is currently developed with a travel agency office that will
be demolished. The project includes the consolidation of seven (7) lots into two (2) lots. Lot 2,
which at the north end of the site, is an existing mobile home park that will remain, however, a
portion of Lot 2 will be incorporated into Lot 1. An access easement is proposed for Lot 1 to allow
access (ingress /egress) for residents of the mobile home park.
Our proposal is in response to the City's Request for Proposal dated October 10, 2013 and
Addendum No. 1 dated October 23, 2013 to prepare an environmental document for the project to
comply with the California Environmental Quality Act (CEQA). In this case, Phil Martin &
Associates proposes to prepare a Mitigated Negative Declaration (MND) for the required General
Plan Amendment, Zone Change, Tentative Tract Map and Design Review to comply with CEQA,
as amended.
1. Contact Information:
The contact information for Phil Martin & Associates is presented below:
Phil Martin
Phil Martin & Associates, Inc.
3002 Dow Avenue, Suite 122
Tustin, CA 92780
Office - 949- 454 -1800
Fax — 949- 454 -1801
pmartin @ phihnartinassociates.com
ATTACHMENT "B"
3002 Dow Avenue, Suite 122 ♦ Tustin, CA 92780 ♦ Phone 949 - 454 -1800 ♦ Fax 949 - 454 -1801
2. Firm Profile:
Phil Martin & Associates is a California corporation. Phil Martin is the only employee of the
company. Mr. Martin's rate is $150 /hour. The company main business is the preparation of
environmental documents to comply with the California Environmental Quality Act, as
amended. We work with a variety of sub - consultants in the preparation of the various CEQA
documents, which have included disciplines such as archaeology, paleontology, historical
resources, underwater archaeology, biology, water quality, photometric studies, shade /shadow
analysis, noise and vibration, air quality, traffic and circulation, visual renderings, economic
analysis, etc.
Phil Martin is the President of Phil Martin & Associates and will be the project manager and sole
contact person for the project. The philosophy of Phil Martin & Associates is to devote the
time and resources necessary to successfully complete the preparation of a CEQA document on
time and budget, including the management of all applicable sub - consultants. In this case, Phil
Martin & Associates will provide the resources necessary to complete the Mitigated Negative
Declaration for this project as proposed.
Phil Martin & Associates, Inc. Statement of Qualifications with a list of some of the many
projects that he has prepared CEQA documents along with Mr. Martin's resume are attached as
Appendix A.
3. Relevant Experience and Skills:
The following projects represent the experience and skills of Phil Martin & Associates that are
attributable to the proposed project.
a) Fountain Valley Civic Center Specific Plan — Fountain Valley, CA
Phil Martin & Associates prepared a Specific Plan and Specific Plan EIR for a private
development project in Fountain Valley. The Fountain Valley Civic Center Specific Plan
proposed the development of a four-story 127 room Ayres hotel, 88 residential units and
2,300 square feet of retail space on 8.62 acres. All of the existing buildings and
improvements including the single -story vacant 116,472 square foot office building, city
owned storage units, the 8,218 square foot city building that is leased to Coastline
Community College, landscaping and other site improvements were demolished to allow
the development of the project. The Ayres hotel is four stories in height with 127 rooms
totaling 78,807 square feet and include a restaurant (breakfast only) sw immin g pool,
Jacuzzi, 1,875 square feet of conference facilities and 126 parking spaces for hotel guests
and employees. The remaining 6.62 acres of the site is proposed for 88 residential units
(61 townhomes and 27 single family homes). The storage space could be converted to
retail space in the future. Recreational facilities including a salt water swimming pool, a
pool building with restrooms, two -sided fireplace, BBQ, and seating for use by the
residents is proposed near the middle of the residential development.
Client Contact. • Andrew Perea
Planning Director
City of Fountain Valley
City of Rosemead— Commercial Shopping Center Paget
Proposal To Prepare Mitigated Negative Declaration— October 28, 2013
10200 Slater Avenue
Fountain Valley, CA 92708
714 -593 -4425
andy.petea@fountainvalley.org
Budget: $171,000
Beginning and Ending Date: February 2011 to March 6, 2012 — 13 months
b) Bicycle Casino Hotel— Bell Gardens, C,4
Phil Martin & Associates prepared a Mitigated Negative Declaration for a private hotel
development project in Bell Gardens. The project proposes the development of a 7-
story, 100 room hotel of approximately 117,907 gross square feet of enclosed floor area
adjacent to the existing Bicycle Casino. The architectural style is designed in the
contemporary vernacular. Four water features are proposed throughout the hotel site,
including a water feature at the north entry to the hotel at Bicycle Casino Drive at
Eastern Avenue. The hotel includes a sports bar and restaurant, Bakery Cafe, multi-
purpose rooms and patio, meeting rooms, a fitness center, an elevated sw immin g pool
and Jacuzzi, a penthouse night club and a roof -top open air gaming area. Construction is
estimated to take approximately 10 -12 months and be completed in early 2014.
Client Contact. • Carmen Morales
Senior Planner
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806 -7723
cmor ales @b ellgardens. org
Budget. $66,000
Beginning and Ending Date. June 2012 to March 2013 —10 months
c� Yakult Manufacturing —Fountain Valley, C,4
Phil Martin & Associates prepared a Mitigated Negative Declaration for a private
manufacturing facility in Fountain Valley. Yakult USA, Inc. proposed to construct a
probiotic beverage manufacturing plant on 8.79 acres of a former commercial nursery
that has been vacant for several years. The project includes the construction of three
buildings, including a 76,830 square foot manufacturing building, a single -story 11,221
square foot office building and a future single -story 10,716 square foot storage building
for a total of 98,767 square feet and will employ 150 people. Mechanical equipment
including an underground waste water storage tank for manufacturing waste water, an
above ground water storage tank, an ice bank, and a cooling tower will be located within
a screen fenced area along the west project boundary. The main access driveway will
allow right -turn in and right -turn out only. A guard station at the northeast corner of the
manufacturing building will control truck deliveries to the manufacturing building. A
single -story office building provides office space for administration employees separate
from the manufacturing building.
City of Rosemead — Commercial Shopping Center Page 3
Proposal To Prepare Mitigated Negative Declaration — October 28, 2013
Client Contact- Andrew Perea
Planning Director
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
714 -593 -4425
andy.perea @fountainvalley.org
Budget: $34,000
Beginning and Ending Date: June 2011 to March 2012 — 9 months
d) Double Tree Hotel— Rosemead, CA
Phil Martin & Associates prepared a Mitigated Negative Declaration for a private hotel
development project in Rosemead. The project proposed the expansion of the existing
Double Tree Hotel in two phases to add 52 guest rooms, a hotel lobby, a 12,492 square
foot ballroom for 500 guests, and a 4 -level parking structure for 373 cars. Phase I
included the construction of a four -story building for the 52 guest rooms and a hotel
lobby that total 52,620 square feet. Phase I also included parking for 240 cars. Phase II
included the construction of a one -story 12,492 square foot ballroom that will seat 500
guests. A four -story parking structure totaling 86,527 square foot for 373 cars was also
proposed to be constructed in Phase II. The project approval included a Conditional
Use Permit (CUP) Modification.
Client Contact. • Sheri Bermejo
Principal Planner
City of Rosemead
8838 East Valley Boulevard
Rosemead, CA 91770
(626) 569 -2144
sbermejo@cityofrosemead.org
Budget: $51,000
Beginning and Ending Date: June 2007 to May 2008 — 11 months
e) Hampton Inn dam' Suites — Mission Vigo, CA
Phil Martin & Associates was hired by the City of Mission Viejo to prepare a Mitigated
Negative Declaration for the development of a 101 room hotel. The project applicant
proposed to demolish an existing vacant 23,113 square foot one -story commercial
building on approximately 1.69 acres located at 28682 Marguerite Parkway to develop a
101 room Hampton Inn. The existing vacant commercial building has been vacant for
approximately two years and is currently used for employee parking by an adjacent car
dealership. The 101 room Hampton Inn hotel is three stories with 102 parking spaces,
including handicap. The hotel includes two meeting rooms with a partition that can be
moved to separate the area into two rooms or opened to make one large room. A
breakfast area is proposed adjacent to the hotel lobby and check -in area. A new
retaining wall up to 10 feet will be constructed approximately twenty feet east of an
City of Rosemead — Commercial Shopping Center Page 4
Proposal To Prepare Mitigated Negative Declaration — October 28, 2013
existing four foot tall retaining wall at the toe of an existing slope along the east side of
the property. A swimming pool, Jacuzzi and fire pit are proposed for a ground level
courtyard at the east side of the building. The courtyard and pool will be separated from
the parking area east of the building by a six foot wall. The front of the hotel that faces
Marguerite Parkway will be painted steel. Storefront glass will be provided at the
building corners and near the middle of the building at the west elevation. Stone is
proposed for the columns that will support the Porte Cochere at the west elevation.
Client Contact- Elaine Lister
Planning Manager
City of Mission Viejo
200 Civic Center
Mission Viejo, CA 92691
949- 470 -3029
clistet@cityofmissionviejo.org
Bud
get.• $20,500
Beginning and Ending Date: June 2013 to September 2013 — 3 months
4. Project Approach:
Based on our understanding of the project and experience preparing Mitigated Negative
Declarations, including previous Mitigated Negative Declarations for the City of Rosemead in the
past, we propose to prepare a Mitigated Negative Declaration to comply with CEQA. An outline of
the services that Phil Martin & Associates will provide the city is provided below with a detailed
description of the services following the outline:
• Kick -off meeting — meet with city staff and project applicant to establish a schedule to
complete the MND, gather specific information /studies from the applicant, identify contact
personnel with the city and applicant, and identify potential environmental issues.
• Prepare MND — complete and submit MND to city staff for review and comment and
incorporate staffs comments into MND for public circulation.
• Circulate MND — circulate the MND for a CEQA required 20 day public review period.
• Respond to Comments — provide written responses to all comments received.
• Public Hearings — attend and provide support to city staff at the Planning Commission and
City Council hearings.
• Notice of Determination — File the Notice of Determination and pay the required Fish and
Wildlife fee with the County Clerk Recorder.
a. Kick -off Meeting
Upon authorization to proceed and signature of a contract, Phil Martin will meet with City staff and
the project applicant to discuss the project in detail, develop a schedule to complete the MND and
obtain the documents requested in this proposal to begin preparation of the MND. We will also
discuss a traffic scope of work with the City's traffic engineer and the traffic consultant to ensure the
traffic consultant adequately addresses all City traffic and circulation issues associated with the
project.
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Proposal To Prepare Mitigated Negative Declaration — October 28, 2013
b. Preparation of Mitigated Negative Declaration
Immediately after the kick -off meeting Phil Martin & Associates will begin preparation of the
Mitigated Negative Declaration. Phil Martin & Associates will prepare the MND to comply with the
2013 CEQA Guidelines, as amended. The MND will include the following tasks:
Aesthetics
The City of Rosemead General Plan does not identify any designated scenic resources on the site
and the State does not have any adopted scenic state highways adjacent to or close proximity to the
site. Thus, this section will focus on and analyze the potential aesthetic impacts of the project on
the land uses adjacent to and surrounding the site. The existing aesthetic characteristics of the site
and surrounding land uses will be described, including the residences of the mobile home parks
north of the site. Surface level photographs of the site and the surrounding land uses will be
provided along with a photo key map to show the aesthetic and visual qualities on the site and the
land uses surrounding the site.
This section will include an analysis of the potential aesthetic impacts of the project due to the
proposed development. Phil Martin & Associates will prepare two photo - simulations of the project.
One photo simulation will show the project as seen from Garvey Avenue (south elevation) and a
second photo - simulation will show the project as seen from the mobile home park north of the
center (north elevation). The photo - simulations will show the site as proposed for development.
The level of detail of the photo - simulations will be based on the detail of information provided by
the project architect.
This section will include building elevations showing the architecture, design, and color scheme of
the proposed building as seen from all four sides including Garvey Avenue and the mobile home
park residences north of the site. A landscape plan showing the proposed plantings and hardscape
materials of the project will be included in the MND. The aesthetic section will compare the
architecture, design, and landscape plans to any applicable City design guidelines.
A photometric study will be provided by OMB Electrical to determine the potential lighting impacts
of the project to adjacent residents north and east of the site. The photometric study will show the
lumens on the properties adjacent to the site to determine if project lighting would impact adjacent
residents. Site specific lighting information including light manufacturers, light model numbers, light
locations, height, lumens, etc. will be requested from the architect in order to provide a meaningful
photometric analysis.
If potential aesthetic impacts are identified, measures to mitigate potential aesthetic impacts will be
recommended in conjunction with recommendations of city staff and the project developer.
Air Quality
Giroux & Associates will prepare an air quality analysis and greenhouse gas emission calculations as
a sub - consultant to Phil Martin & Associates. Phil Martin & Associates will summarize the air
quality and greenhouse gas emission reports in the MND and attach the full documents in the
appendix.
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Proposal To Prepare Mitigated Negative Declaration — October 28, 2013
The air quality report will include the following information:
• Provide an air quality setting based upon SCAQMD monitoring data from the Pico Rivera
air monitoring station.
• Calculate temporary construction activity emissions (demolition, grading & construction)
using procedures identified in the SCAQMD CEQA Air Quality Handbook (1993) and
incorporated into the CaIEEMOd computer model.
• Calculate regional vehicular emissions using the currently recommended CalEEMod
computer model.
• Evaluate the potential for micro -scale air pollution "hotspot" formation relative to
surrounding emissions sources. Discuss project proximity to emissions sources from
adjacent commercial uses (laundromats, fast food and sit -down restaurants, etc.).
• Analyze possible air quality issues between subterranean parking and on -site residential use.
• Discuss project consistency with the South Coast Air Basin Regional Air Quality
Management Plan in terms of land use planning consistency.
• Identify any potentially applicable mitigation measures, including relevant transportation
control measures (TCMs) incorporated into the air basin portion of the California State
Implementation Plan (SIP).
• Discuss the potential effects on local air quality of cumulative development in the area.
• Summarize the air quality findings in a "stand- alone" draft air quality technical report in a
setting /impact /mitigation format.
The air quality impacts of the project will be divided into the short-term dust generation, local
impacts, and long -term regional air pollution increases. Short -term dust and emission generation
due to construction activities will be forecasted using the URBEMIS model. If provided by the
project applicant, detailed estimates of the potential construction equipment that will be used during
project demolition and construction will be referenced to calculate these emissions. Otherwise,
conservative estimates of the various required construction .activities to determine short -term
emissions will be used. The air pollutant emissions generated during project construction will be
compared to the SCAQMD Regional and Local Significance Thresholds. Measures to reduce dust
generation required by the South Coast Air Quality Management District will be identified.
Additionally, measures in the AQMP to control construction activity emissions will be, as applicable,
discussed in the air quality report. Long -term operational emissions will be generated by project
traffic, combustion of natural gas to heat the building, operation of landscape equipment, and the
use of architectural coatings during building maintenance. The air emissions generated by these
sources will be assessed and compared to the SCAQMD Regional and Local Significance Thresholds
to determine their significance.
Mitigation measures will be recommended to reduce significant long -term operational air quality
emissions as much as possible to meet adopted thresholds and comply with CEQA.
Greenhouse Gas Assessment
Giroux and Associates will closely follow the generally accepted analysis methodologies and
significance thresholds for greenhouse gas emissions and will apply the most current standards to
the project. The greenhouse gas scope of work will include the following:
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Proposal To Prepare Nlitigated Negative Declaration — October 28, 2013
• Describe the existing GHG regulatory environment focused on AB -32 and SB -375.
Summarize the base year GHG emissions inventory for Rosemead and discuss the likely
progress in moving forward from that time.
• Identify the appropriate thresholds of impact significance that include both the quantity of
GHG generated by the project as well as project consistency with sustainable community
initiatives.
• Quantify GHG emissions associated with transportation, on -site energy consumption,
indirect electricity generation emissions, solid waste generation, and water use using the
CalEEMOd computer model GHG module.
• Based upon the relative roles of transportation and non - transportation emissions
projections, identify mitigation potential that might reduce the gap between AB -32 goals
versus programs that are already in place (CAFE, LCFS, energy efficiency, etc.).
• Determine GHG impact significance after application of available mitigation measures.
Geology and Soils
A preliminary geotechnical report will be provided by the project applicant to Phil Martin &
Associates for incorporation into the MND. The geotechnical report will be summarized in the
MND and the full geotechnical report included in the appendix.
Hazards and Hazardous Materials
A Phase I Environmental Site Assessment (ESA) will be provided by the project applicant to Phil
Martin & Associates for incorporation into the MND. The Phase I ESA will be summarized in the
MND and the full geotechnical report included in the appendix.
Mitigation measures, based on the conclusions and recommendations in the Phase I ESA will be
incorporated into the MND to reduce potential hazardous impacts to less than significant to comply
with CEQA.
Hydrology /Water Quality
A hydrology report, grading plan and Water Quality Management Plan (WQMP) will be provided by
the project applicant to Phil Martin & Associates for incorporation into the MND. The hydrology
report and Water Quality Management Plan (WQMP) will be summarized in the MND and the full
reports included in the appendix.
Mitigation measures, if required, will be incorporated into the MND to reduce potential water
quality, grading or storm water impacts to less than significant to comply with CEQA.
Land Use
The RFP states the project will require the following entitlements: a) General Plan Amendment; b)
Zone Change; c) Tentative Tract Map; and (d) a Design Review Application. The Rosemead
General Plan land use designation for the site is Mixed Use: Residential /Commercial (60 du /ac) and
Medium Density Residential and the Zoning is P -D (Planned Development) and R -2 (Light Multiple
Residential). The project will require a General Plan Amendment for a portion of Lot 2 from
City of Rosemead — Commeraal Shopping Center Page 8
Proposal To Prepare Nfitigated Negative Declaration — October 28, 2013
Medium Density Residential to Mixed -Use High Density Residential /Commercial and Zone change
from P -D (Planned Development) to C -3 (Medium Commercial).
The land use section will discuss the compatibility of the project with the adjacent surrounding land
use. This section will also analyze the potential impacts of the requested entitlements and
development standards with the existing surrounding land uses. This section will compare
development of the site consistent with the existing development standards based on existing zoning
and the Rosemead Municipal Code and compare that development to the proposed development.
When required, measures will be recommended to reduce land use impacts to less than significant.
Noise
Giroux & Associates will prepare a noise assessment for the project as a sub - consultant to Phil
Martin & Associates. Phil Martin & Associates will summarize the noise assessment and attach the
complete report in the MND appendix.
The noise assessment will include the following:
• Perform limited on -site ambient noise monitoring after consultation with city staff to
establish an existing baseline and determine the noise generation from traffic and
commercial operations.
• Develop a baseline traffic noise exposure profile in terms of the CNEL noise metric using
the FHWA Model with the latest California vehicle noise curves (CALUENO) focused on
local impacts from Garvey Avenue traffic.
• Identify specific sensitive receiver locations where mobile source noise impacts may
adversely affect nearby sensitive receivers.
• Evaluate stationary noise impacts from temporary on -site construction noise sources.
• Discuss possible noise constraints from the commercial use proposed for the site.
• Relate project noise impacts to the Noise Element noise /land use compatibility guidelines in
the City of Rosemead General Plan Noise Element and other applicable noise exposure
regulations.
• Develop a noise impact mitigation plan for any predicted noise impacts that exceed target
noise exposure limits, including community noise standards relevant to this project as
contained in the City of Rosemead Noise Element and Noise Ordinance (Chapter 8.36).
The City's noise standards will be summarized and their relevance to the project discussed.
• Identify likely structural noise protection that will be needed to meet the building code.
• Summarize the findings in a "stand- alone" draft noise report.
Mitigation measures to reduce potential noise impacts will be provided as necessary to meet the
City's Noise Ordinance and comply with CEQA.
Public Services and Utilities
This section will evaluate the potential impacts of the project on the various public services and
utilities that will serve the project. The public services that will be analyzed include police and fire
protection, solid waste collection, water, wastewater, electricity, and natural gas. Service letters will
be sent to the public agencies to solicit their comments with regards to impacts by the project on
City of Rosemead — Commercial Shopping Center P;7 9
Proposal To Prepare Mitigated Negative Declaration — October 28, 2013
their respective service. Information will be provided that identifies the size and location of the
existing services /utilities that serve the site and discuss if the existing facilities are adequate of if
upgrades and improvements will be required. For the existing utilities that will need to be upgraded
or extended to serve the project the MND will discuss potential impacts to extend or upgrade those
utilities. When required to comply with CEQA, mitigation measures will be recommended to
reduce potential impacts to less than significant.
Transportation /Traffic
VA Consulting will prepare a traffic and circulation study for the project as a sub - consultant to Phil
Martin & Associates. VA Consulting's traffic scope of work will be reviewed and approved by the
City prior to their start of the traffic study to ensure the traffic study addresses all of the city's traffic
and circulation concerns.
The Project Traffic Impact Analysis (171A) will be prepared in accordance with applicable City
and /or County guidelines. VA will conduct research with the appropriate agencies to identify future
planned roadway improvements, if any, within the project study area. VA will obtain recently
completed traffic impact studies and information on other projects located in vicinity of the
proposed project, as applicable including the Garvey /Del Mar Plaza and Garvey 168 Plaza projects.
VA will also inventory the existing intersection geometrics and controls, the number of through
travel lanes on roadways, presence and types of medians, pedestrian, bicycle, parking and transit
facilities, and existing land uses within the project vicinity.
The project traffic generation will be based on the latest site plan and estimated using the applicable
trip generation rates in the Trip Generation, 9th Edition, published by the Institute of
Transportation Engineers (ITE), or other appropriate sources. The project trip distribution will be
based in accordance with the local and regional roadway /freeway network characteristics.
The project is estimated to generate approximately 4,552 weekday vehicle trips with 89 inbound and
54 outbound trips during the AM peak hour and 211 inbound and 207 outbound trips during the
PM peak hour. A typical threshold for an off -site intersection to be included in a traffic study is a
location that receives a minim of 50 peak hour project trips. Therefore, based on the preliminary
trip generation and a reasonable trip distribution, the following intersections are proposed to be
studied for the traffic analysis:
1. N. Orange Avenue at Emerson Place (4 -way stop);
2. S. Orange Avenue at Garvey Avenue (signalized);
3. New Avenue at Hellman Avenue (signalized);
4. New Avenue at Emerson Place (signalized);
5. New Avenue at Garvey Avenue (signalized);
6. New Avenue at Newmark Avenue (signalized);
7. Jackson Avenue at Hellman Avenue (signalized);
8. Jackson Avenue at Emerson Place (4 way stop);
9. Jackson Avenue at Garvey Avenue (signalized);
10. Del Mar Avenue at Hellman Avenue (signalized);
11. Del Mar Avenue at Emerson Place (signalized);
12. Del Mar Avenue at Garvey Avenue (signalized);
13. Del Mar Avenue at Highcliff Street (signalized);
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Proposal To Prepare Mitigated Negative Declaration — October 28, 2013
14. Brighton Street at Garvey Avenue (1 -way stop); and
15. Kelburn Avenue at Garvey Avenue (signalized).
Traffic Volume Data Collection
VA will collect existing weekday traffic data for study area intersections 1 through 8. Eight (8)
weekday AM /PM peak hour turning movement counts will be conducted at the off -site study
intersections 1 through 8 identified above. Data for intersections 9 through 15 are included in the
traffic study that VA is currently preparing for the Garvey /Del Mar Plaza project. Therefore,
intersections 9 -15 will not have to be counted at this time.
Weekday 24 hour volume counts will be conducted at up to eight (8) roadway segment locations
between study area intersections 1 through 8. No weekend traffic data counts ate included as part
of this analysis. VA has the necessary counts for intersections 9 -15.
Trafc Projections
Once the existing volume data is collected, a growth factor will be applied to the existing traffic
volumes to consider the ambient traffic growth to the future baseline year. The baseline year will be
the project completion year. In addition to ambient growth, baseline volumes will include traffic
generated by the cumulative projects in the area, including the Garvey /Del Mar Plaza and Garvey
168 Plaza projects. The project traffic generation will be estimated using trip generation rates
identified in Trip Generation, 9th Edition, published by the Institute of Transportation Engineers
(ITE), or other appropriate source. It is assumed the project will be developed in a single phase.
Level of Service Analysis
VA will use the Intersection Capacity Utilization (ICU) method in accordance with City /County
guidelines and parameters to determine intersection level of service (LOS) at the study area
intersections. The target level of service will be confirmed by the City. Roadway level of service will
be based on volume -to- capacity (V /C) analysis. The Level of Service analysis will be performed for
the following six (6) scenarios for the study are intersections:
• Existing volumes;
• Existing volumes plus Project;
• Existing volumes plus Project with mitigation (if necessary);
• Baseline (Project Year) volumes;
• Baseline plus Project (Project Year) volumes; and
• Baseline plus Project (Project Year) volumes with mitigation (if necessary).
If necessary, for project mitigation scenarios, capacity enhancements will be identified and analyzed
in terms of feasibility and cost to maintain the required level of service.
Additional SpeafrAnalyses
The traffic study will also include additional analyses such as geometric configuration /striping
alternatives, signal warrant analysis, queuing analysis, sight distance analysis, on site circulation,
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Proposal To Prepare Mitigated Negative Declaration — October 28, 2013
parking and parking code compliance, and emergency vehicle access. Based on review of existing
raised and striped median improvements along Garvey Avenue and the project access driveway
locations as depicted on the site plan, modifications to the existing median configurations may be
required. VA will confirm project access requirements and make recommendations for the local
circulation network, including median configurations, as appropriate.
Report Preparation
VA will prepare a s ummar y report including all tables, figures, and text as required to document the
study methodologies, conclusions, and recommendations. The report will include all LOS, volume -
to- capacity, traffic data, and all other appropriate back -up calculations in the appendix. For the
purpose of this proposal, a total of two study reviews and a total of 8 hours of staff time have been
budgeted to incorporate staff's comments into the final traffic report, which will be incorporated
into the MND.
Measures to mitigated project traffic and circulation impacts will be recommended when required to
meet city level of service requirements and CEQA.
Cumulative Impacts
Per CEQA Guidelines Section 15355 this section will provide a discussion of the potential
environmental effects that could occur with development of the project in conjunction with other
planned and entitled projects in the area, including the compounding of cumulative project impacts.
Cumulative project information will be obtained from City staff and include projects that have been
entitled but not constructed, projects that are not entitled, but in the planning process, and
reasonably foreseeable future projects. The cities adjacent to Rosemead will be contacted to identify
any projects within their jurisdiction that should be included in the cumulative impact analysis. A
map will be prepared to show the location of the cumulative projects. When required by CEQA,
mitigation measures will be recommended to mitigate any cumulative project impacts.
References, Persons and Agencies Contacted and MND Preparation
This section will list all reference documents used to prepare the MND and all persons, agencies and
individuals contacted during preparation of the MND.
Appendices
The MND appendix will include all technical reports.
b. Screen Check MND
Once the MND is completed five (5) hard copies and one (1) compact disc of the Mitigated
Negative Declaration will be submitted to city staff for its review and comment. Staff's comments
and changes will be incorporated into the MND and five (5) second screen check hard copies and
one (1) compact disc will be submitted for a second review to the city. Staff's final screen check
comments will be incorporated and the Mitigated Negative Declaration prepared for printing.
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Proposal To Prepare Mitigated Negative Declaration — October 28, 2013
c. Print and Mail MND
Phil Martin & Associates will print and mail fifteen (15) hard copies and /or compact disks of the
MND for public circulation and use by the City, including the surrounding cities, the Los Angeles
County Planning Department and any other agencies or private entities requesting the MND. A
master hard copy and a compact disk of the MND will be provided to the city for its use.
d. Prepare Notice of Intent to Adopt a Mitigated Negative Declaration
Phil Martin & Associates will prepare a Notice of Intent to Adopt a MND (NOI). Once reviewed
and approved by the City, a copy will be mailed to all responsible agencies and interested persons
along with a copy of the MND on compact disc. Phil Martin & Associates will also file the NOI
with the Los Angeles County Clerk to start the 20 -day MND public review period.
e. Respond to Comments
Phil Martin & Associates, Inc. will prepare written responses to all comments received to the MND.
For the propose of this proposal Phil Martin & Associates has allocated six (6) hours to respond to
comments, which includes time for Phil Martin & Associates and its sub - consultants. Additional
time for Phil Martin & Associates and /or sub - consultants to respond to comments beyond six
hours will be billed on a time and materials basis.
Five (5) hard copies and one (1) compact disc of the Response to Comments will be submitted to
the city for its review and comment. The city's changes will be incorporated and copies of the
Response to Comments will be printed. Phil Martin & Associates will mail the Response to
Comments to the agencies and individuals that submitted comments at least ten days prior to the
scheduled hearing to adopt the MND. Phil Martin & Associates will print and mail up to ten (10)
copies of the Response to Comments.
f. Attend Public Hearings
Phil Martin & Associates has budgeted to attend one (1) Planning Commission and one (1) City
Council hearing. Attendance at additional public hearings will be billed on time and material basis.
g. File Notice of Determination and Pay Fish and Wildlife Fee
Phil Martin & Associates will prepare the Notice of Determination (NOD) as required by Section
15094 of the CEQA Guidelines. The day after the MND is adopted and the project is approved
Phil Martin & Associates will file the Notice of Determination with the Los Angeles County Clerk.
A California Department of Fish and Wildlife fee will have to be paid at the time the NOD is filed
with the Los Angeles County Clerk. The City or project applicant shall provide Phil Martin &
Associates a check for the appropriate Fish and Wildlife fee. Once the NOD is filed with the Los
Angeles County Clerk, Phil Martin & Associates will provide the original Fish and Wildlife Fee
receipt and a copy of the filed NOD to the city for its records.
City of Rosemead— Commercial Shopping Center Page 13
Proposal To Prepare Mitigated Negative Declaration — October 28, 2013
There is a 30 -day statute of limitation period the public has to file legal challenges to the adoption of
the MND once the Notice of Determination is filed with the Los Angeles County Clerk. If no legal
challenges to the adequacy of the MND are filed within this 30 -day period the adoption is final.
h. Mitigation Monitoring Plan
Phil Martin & Associates will prepare a Mitigation Monitoring Plan (MMP) as required by Public
Resources Code Section 21081.6 for all measures that are recommended to mitigate significant
impacts. The Mitigation Monitoring Plan will list all mitigation measures presented in the MND and
identify the City department that will be responsible to monitor and implement each mitigation
measure. Once the MMP is completed, two (2) hard copies will be submitted to city staff for its
review. Staffs comments will be incorporated and five (5) hard copies submitted to the city for its
use.
5. Project Team:
Phil Martin is the only person at Phil Martin & Associates that will be assigned to the project. Mr.
Martin will serve as the Project Manager and the contact with the City throughout the project. Mr.
Martin has served as the Project Manager and sole contact person for many similar projects in the
past with superior results, including several past projects in Rosemead. A list of similar projects that
Phil Martin has served as the sole contact person and Project Manager is presented below.
Other team members to prepare the MND for the project include the following sub - consultants:
a. VA Consulting — traffic consultant
b. Giroux & Associates — air quality, greenhouse gases, noise
c. OMB Electrical — photometric study
d. Artistic Engineering —photo rendering
6. Resume of Key Project Personnel:
Phil Martin's resume is provided in Appendix A, following Phil Martin & Associates Statement of
Qualification. The sub - consultant's Statement of Qualifications are included in Appendix B.
7. Documentation of Recent Projects:
A list of recent projects that have been prepared by Phil Martin & Associates is presented in Item 3
of this proposal. The project information includes the types of documents prepared, budgets and a
contact to answer city questions.
8. Current and Accessible References:
The following references are provided in addition to the references provided in Item 3. All
references have worked with specifically with Phil Martin and Phil Martin & Associates.
a. Carmen Morales
Planner
City of Bell Gardens
City of Rosemead — Commercial Shopping Center Page 14
Proposal To Prepare Mitigated Negative Declaration— October 28, 2013
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806 -7723
cmoralesna,bellgardens.org
b. Elaine Lister
Planning Manager
City of Mission Viejo
200 Civic Center
Mission Viejo, CA 91691
949- 470 -3029
elis ter@ cityo fmis sionviej o. org
c. Alex Hamilton
Assistant Director of Community Development
City of Commerce
2535 Commerce Way
Commerce, CA 90040
323 722 -4805 ext 2330
AlexH n ci. c ommerce. ca. us
9. Falsification of Work Experience:
All projects and work products represented in this proposal have been prepared by Phil Martin of
Phil Martin & Associates are accurate and true.
10. Cost Breakdown:
The cost to prepare the Mitigated Negative Declaration as proposed in the above scope of work is
$54,050.00. A cost breakdown is provided below.
MND Cost Breakdown
Kick -off Meeting — Phil Martin
$150
$450
Initial Stud /MND
Prepare Initial Study /MND — Phil
Martin
$150
$22,500
Traffic — VA Consulting
*
$16,400
Photometric — OMB Electrical
*
$3,100
Air Quality /Greenhouse Gas
Report /Noise — Giroux &
Associates
$4,400
Artistic Engineering — photo
rendering
$3,500
Direct — printing, mailing, CDs
$400
City of Rosemead — Commercial Shopping Centex Page 15
Proposal To Prepare Mitigated Negative Declaration — October 28, 2013
*fixed fee contract
The coordination with the completion of the special studies that are provided by the project
applicant, including any response to comments, shall be provided by others.
11. Timeline:
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 December 2, 2013.
1) Start Date - kick -off meeting — December 2, 2013
2) Submit Screen Check Initial Study /Mitigated Negative Declaration to City — January 30,
2014
3) Receive staff comments to Initial Study /Mitigated Negative Declaration — February 20, 2014
4) Mail Initial Study /Mitigated Negative Declaration — February 25, 2014
5) Initial Study /Mitigated Negative Declaration public review period — February 26, 2014 —
March 17, 2014
6) Submit screen check Initial Study /Mitigated Negative Declaration (Response to Comments)
to City — March 20, 2014
7) Receive staff comments to screen check Initial Study /Mitigated Negative Declaration
(Response to Comments) — Match 27, 2014
8) Mail Initial Study /Mitigated Negative Declaration Response to Comments and submit final
Initial Study /Mitigated Negative Declaration to city staff for its use — March 31, 2014
9) Planning Commission /City Council hearings — April 2014
10) File Notice of Determination with County Clerk — April 2014
Milestones
1) Start Date /I{ick -off meeting — December 2, 2013
2) Initial Study /MND public review period — February 26, 2014 — March 17, 2014
3) Mail Initial Study /MND Response to Comments — March 31, 2014
4) Planning Commission /City Council hearings — April 2014
5) File Notice of Determination — April 2014
City of Rosemead — Commercial Shopping Center Page 16
Proposal To Prepare Mitigated Negative Dcclaration — October 28, 2013
Final MIND
Response to Comments
$150
$900
Mitigation Monitoring and
Reporting Program
$150
$600
File CEQA notices
$300
Meetings — 2 staff meetings — Phil
Martin
$150
$600
Public Hearings — 1 Planning
Commission and 1 City Council —
Phil Martin
$150
$900
Total
$54,050
*fixed fee contract
The coordination with the completion of the special studies that are provided by the project
applicant, including any response to comments, shall be provided by others.
11. Timeline:
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 December 2, 2013.
1) Start Date - kick -off meeting — December 2, 2013
2) Submit Screen Check Initial Study /Mitigated Negative Declaration to City — January 30,
2014
3) Receive staff comments to Initial Study /Mitigated Negative Declaration — February 20, 2014
4) Mail Initial Study /Mitigated Negative Declaration — February 25, 2014
5) Initial Study /Mitigated Negative Declaration public review period — February 26, 2014 —
March 17, 2014
6) Submit screen check Initial Study /Mitigated Negative Declaration (Response to Comments)
to City — March 20, 2014
7) Receive staff comments to screen check Initial Study /Mitigated Negative Declaration
(Response to Comments) — Match 27, 2014
8) Mail Initial Study /Mitigated Negative Declaration Response to Comments and submit final
Initial Study /Mitigated Negative Declaration to city staff for its use — March 31, 2014
9) Planning Commission /City Council hearings — April 2014
10) File Notice of Determination with County Clerk — April 2014
Milestones
1) Start Date /I{ick -off meeting — December 2, 2013
2) Initial Study /MND public review period — February 26, 2014 — March 17, 2014
3) Mail Initial Study /MND Response to Comments — March 31, 2014
4) Planning Commission /City Council hearings — April 2014
5) File Notice of Determination — April 2014
City of Rosemead — Commercial Shopping Center Page 16
Proposal To Prepare Mitigated Negative Dcclaration — October 28, 2013
12. Needed Information:
The following information will be required to begin preparation of the MND
• Site plan — hard copy and digital
• Phase I ESA
• Geotechnical Report
• Hydrology Report /WQMP
• Landscape plan — hard copy and digital
• Building elevations — hard copy and digital
• Grading plan, construction schedule, list of the types and number of pieces of grading
equipment — to calculate construction emissions.
• Lighting information including mounting height of all wall- mounted fixtures, wall mounted
fixture lamp type and wattage, lens /louver type, computerized IES file, mounting
height /pole height of pole - mounted fixtures (including concrete footing if above grade), all
pole mounted fixture lamp type and wattage, lighting distribution, lens /louver type, any
shielding options, computerized IES file.
• Contact person for site access.
13. Exclusions and Proposal Limitations:
This proposal does not include any scope of work that is not specifically identified in the above
proposal.
Limitations:
This proposal is based on a reasonable schedule and the scope of work set forth herein. Changes in
the schedule or scope of work assumptions may result in costs beyond those currently anticipated.
Major changes include, but are not limited to:
1. Changes in the project by the City, which cause revisions of printed documentation
of plans beyond those covered by the scope of work.
2. Changes in the project, accepted by the City, which cause revisions of the printed
documentation or plans or additional processing beyond that covered by the scope
of work.
3. Changes in the schedule by the City beyond the parameters set forth in this proposal.
4. Expansion of the area of study or regulatory activity by the City.
5. Additional planning entitlements, permits, or recordation of maps.
6. Appeal of project determination (e.g. project approval or denial) by a public agency,
other groups or organizations.
If one or more of the above incident occurs, Phil Martin & Associates shall be entitled to negotiate a
contract amendment. Actual contract authorization date may cause revisions to the project
schedule. Lengthier review periods by the Client or delays for redesign or negotiations, entitle Phil
Martin & Associates to re- examine the contract to determine if the costs incurred with the delays
City of Rosemead — Commercial Shopping Center Pane 17
Proposal To Prepare Mitigated Negative Declaration — October 28, 2013
can be accommodated in the fee. If any of the changes described herein occur, Phil Martin &
Associates shall inform the City in writing of the status of the proposal.
Please call if you have questions about our proposal.
Sincerely,
Phil Martin
President
City of Rosemead— Commercial Shopping Center Page 18
Proposal To Prepare M ugated Negative Declaration — October 28, 2013
• NEW GARVEY MARKET PLAZA •
BUILDING'A' WEST ELEVATION
BUILDI WE ELEVATION
BUILDING'S' EAST ELEVATION
BUILD EAST ELEVAT
SUP ERMARKETBUILDING'C' REAR ELEVA ATTACHMENT 66095
NEW GARVEY MARKET PLAZA CONCEPTUAL ELEVATIONS
7419 - 7459 GARVEY AVE., ROSEMEAD. CA 91770 RICHARD ABE, AIA 35N. RAYMOND AVE., SUITE 202, PASADENA, OA 91103
7419 - 7459 GARVEY AVE, ROSEMEAD, CA 91770
BUILDING'S' NORTH ELEVATION BUILDING'A' NORTH ELEVATION
SUPE RMARKET BUILDING'C' FRONT ELEVATION
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