23-0202_MOORE IACOFANO GOLTSMAN (MIG)_ Professional Services Agreement1
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of _________________, 2023 by and
between the City of San Juan Capistrano, a public agency organized and operating under the
laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San
Juan Capistrano, CA 92675 (“City”), and Moore Iacofano Goltsman (MIG), Inc., a California
Corporation, with its principal place of business at 800 Hearst Avenue, Berkeley, CA 94710
(hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred
to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Provide Environmental Services for 31841 – 31871 Camino Capistrano Mixed-Use Project
(hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “A.”
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $16,729. This amount is to cover all printing and related
costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall
be made within 30 days of receipt of an invoice which includes a detailed description of the work
performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
February 2
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the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Term.
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The
Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
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Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
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(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
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specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
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insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant
or others providing insurance evidence in compliance with these specifications to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City,
and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
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(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), 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 of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts,
errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Consultant’s
services, the Project or this Agreement, including without limitation the payment of all damages,
expert witness fees and attorney’s fees and other related costs and expenses. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance of “design professional” services (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). 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. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
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employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
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received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Chris Dugan as Project Manager. The Project Manager shall not
be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Paul Garcia, Senior Planner
CONSULTANT:
Moore Iacofano Goltsman, Inc.
1650 Spruce Street, Suite 106
Riverside, CA 92507
Attn: Pamela Steele, Principal
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
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national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. 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.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each Party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each Party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. 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
director, official, officer or employee of City, during the term of his or her service with City, shall
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have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
When funding for the services is provided, in whole or in part, by an agency of the federal
government, Consultant shall also fully and adequately comply with the provisions included in
Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference
(“Federal Requirements”). With respect to any conflict between such Federal Requirements and
the terms of this Agreement and/or the provisions of state law, the more stringent requirement
shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF SAN JUAN CAPISTRANO
AND MOORE IACOFANO GOLTSMAN, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO MOORE IACOFANO GOLTSMAN (MIG), INC.
By: By:
Benjamin Siegel
City Manager Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Principal-In-Charge
Pamela Steele
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Scope of Services
EXHIBIT A
PLANNING AND ENVIRONMENTAL SERVICES
December 21, 2022
Paul Garcia, Senior Planner
City of San Juan Capistrano
30448 Rancho Viejo Road
San Juan Capistrano, CA 92675
VIA EMAIL: pgarcia@ SanJuanCapistrano.org
Re: Proposal to Provide Environmental Services for the 31841 - 31871 Camino
Capistrano Mixed-Use Project in San Juan Capistrano, California
Dear Mr. Garcia:
We are pleased to submit this proposal to prepare technical studies for a mixed-use project
involving the rehabilitation of the historic Manuel Garcia Adobe to help accommodate a 33 -unit
hotel, a new approximately 3,137 square foot restaurant building, and a new approximately
13,986 square foot working distillery, located on approximately 1.79-acres at 31841 - 31871
Camino Capistrano in the City of San Juan Capistrano, California.
The estimated budget for this proposal is approximately $15,208 ($16,729 with a 10%
Contingency), based upon time and materials. We will work closely with you to ensure a thorough
and efficient environmental review process. We assume that base maps, information on existing
conditions, specific project characteristics, and other pertinent information that has yet t o be
provided will be forwarded to us as it becomes available. Chris Dugan, our Director of Air Quality,
Greenhouse Gas, and Noise Analyses, will manage this project and I will be the Principal-In-
Charge.
If you have any questions or need additional
information, please contact Chris Dugan at 916-
956-3802 or cdugan@migcom.com, or me at 951-
733-5240 or pams@migcom.com. Thank you for
the opportunity to assist in the preparation of
environmental documentation for your project.
Regards,
Pamela Steele
Principal
Approved:
Signature
Name
Title
Date
EXHIBIT A
Environmental Services for the 31841 - 31871 Camino Capistrano Mixed-Use Project December 21, 2022
City of San Juan Capistrano, California
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SCOPE OF WORK
MIG has prepared this scope of work to support the project’s environmental review under the
California Environmental Quality Act (CEQA) with regard to potential air quality and noise impacts
that could be generated by the construction and operation of the proposed project. MIG’s scope
of work does not include the preparation of a greenhouse gas or energy analysis or an Initial
Study document, although a separate scope of work could be provided for these work products,
if desired.
MIG understands the project may qualify for a Class 32 (Infill) Exemption. MIG’s work products
will be designed to support the proposed project’s environmental review under CEQA, regardless
of if the project is processed as a CEQA Exemption or under a Negative Declaration / Mitigated
Negative Declaration.
Task 1 – Air Quality and Greenhouse Gas Study
MIG will prepare a clear and concise technical study that evaluates the proposed project’s
potential to generate construction and operational emissions of criteria air pollutants (e.g.,
particulate matter, or PM), fugitive dust, toxic air contaminants (TACs), and greenhouse gas
(GHG) emissions. MIG proposes to use the California Emissions Estimator Model (CalEEMod,
Version 2020.4.0) to quantify emissions generated by the construction and operation of the
proposed project. MIG would also use U.S. EPA AP-42 emission factors to estimate volatile
organic compound (VOC) emissions from the proposed distillery. The resulting emissions
estimates will be compared to regional CEQA significance thresholds maintained by the South
Coast Air Quality Management District (SCAQMD).
MIG will also compare the proposed project’s estimated air quality emissions against the
SCAQMD’s Localized Significance Thresholds (LSTs). The SCAQMD’s LSTs hel p public
agencies analyze the project-related effects of pollutants on sensitive receptors (e.g., those
residing in the Domingo Yorba Adobe in the southeastern portion of the project site ). LSTs
represent the maximum emissions from a project that are expec ted to cause or contribute to an
exceedance of the most stringent applicable federal or state ambient air quality standard and,
therefore, result in significant adverse localized air quality impacts. The LST methodology takes
into account factors such as existing ambient air quality in the project vicinity, the size of the
project, and how far project emissions will occur from sensitive receptors.
At this time, MIG is not proposing to prepare a quantitative, construction health risk assessment
using an air dispersion modeling program because the proposed project is relatively and is not
anticipated to require a substantial amount of grading or excavation activities. Rather, MIG’s
qualitative health risk analysis would focus on the size of the project, the intensiveness and
duration of the construction activities proposed, and prevailing wind conditions at the project site
to determine the significance of the proposed Project’s TAC emissions.
MIG’s analysis includes one (1) CalEEMod run based on the project’s lot size, construction
characteristics, and trip generation potential. To complete this task within the schedule and budget
identified below, we have assumed:
•MIG will conduct one phone call with the City Planner to review and confirm the contents
and scope of the Air Quality and GHG study.
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•MIG will prepare one draft study for review and respond to one round of comments from
the City. Our SOW assumes up to two (2) total staff hours will be required to respond to
City comments and finalize the study.
Task 2 – Noise and Vibration Technical Study
MIG will prepare a clear and concise noise and vibration study that will describe the existing noise
and vibration environment in the project vicinity, applicable City regulations related to noise,
including Table N-2 of the City’s General Plan Noise Element and Municipal Code Sections 9-
2.401 and 9-3.531, and evaluate the project’s potential construction and operational noise
impacts.
The project site is located between a rail line carrying Amtrak, Metrolink, and BNSF trains, and
Camino Capistrano. MIG will conduct long-term (24-hour) ambient noise monitoring and short-
term-term vibration monitoring at the project site to adequately describe the existing noise
environment in the project area and sensitive receptor locations, and evaluate project
compatibility with existing noise levels. MIG would also use this data to determine if any site
design measures (e.g., sound barriers) would be necessary to comply with City standards, or if
any building design considerations (e.g., insulation) would be necessary to comply with interior
noise levels standards required by the CalGreen Code (Part 11 to the California Building
Standards Code, Chapter 5, Nonresidential Mandatory Standards, Section 5.507).
The noise analysis will identify typical construction equipment sound levels, quantify peak and
typical construction activity noise levels, and, if necessary, identify best management practices to
reduce the magnitude of potential construction noise impacts. Once constructed, the proposed
project will generate noise from potential on- and off-site sources such as traffic, parking areas,
and customer conversations. The noise analysis will identify potential operational noise levels
associated with site operations and, if necessary, identify measures to reduce operational noise
to levels that meet City requirements. Sounds levels generated by conversation, such as those
that are anticipated to occur in the plaza between the proposed restaurant and distillery, are
dependent on a number of factors, including the direction of the speech, the number of people
talking at once, the venue (e.g., indoors or outdoors), and the individuals’ voice effort. MIG would
evaluate different sources (e.g., noise models, research papers, etc.) to provide the appropriate
justification for the potential noise levels attributable to patron conversation at the project site.
MIG’s analysis includes an evaluation of standard construction noise, on-site operational noise,
and off-site traffic noise sources using standard noise propagation and attenuation equations.
MIG’s SOW does not include the use of any graphical modeling or evaluation of atypical or
unusual noise or vibration sources (e.g., pile driving or other unique construction noise and
exposure to excessive rail related vibrations are not part of the project ). To complete this task
within the schedule and budget identified below, we have assumed:
•MIG will conduct one phone call with the City Planner to review and confirm the contents
and scope of the Noise and Vibration study.
•MIG will prepare one draft study for review and respond to one round of comments from
the City. Our SOW assumes up to two (2) total staff hours will be required to respond to
City comments and finalize the study.
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Task 3 – Meeting Attendance
MIG will be available to meet with City staff virtually and attend up to one (1) Planning Commission
Public Hearing in person. Specifically, we have assumed:
•Up to four (4) hours for meeting attendance with City staff
•Up to one (1) Planning Commission Public Hearing meeting lasting up to three (3) hours
B UDGET
The cost to prepare the technical studies is estimated to be approximately $15,208 ($16,729 with
a 10% Contingency). Expenses will be billed at cost plus ten percent. Invoicing will occur on a
monthly basis based on time and materials; however, payment will not be required until activities
exceed the amount of the deposit. Invoices are payable within 30 days of receipt of invoice to:
MIG, 800 Hearst Avenue, Berkeley, California 94710. Excess deposit funds not applied to the
project will be returned within 30 days of the conclusion of the project. As the project progresses,
if there is a change in scope or additional time and efforts are needed, an amendment to the budget
will be requested before proceeding. A summary budget is provided below.
Task Cost
Task 1. Air Quality and GHG Study $5,605
Task 2. Noise and Vibration Study $7,190
Task 3. Meeting Attendance $2,190
Labor Cost Subtotal $14,985
Expenses $223
SUBTOTAL (labor + expenses) $15,208
10% Contingency $1,521
GRAND TOTAL (labor + expenses) $16,729
The proposed budget was developed using our understanding of the project and City of San Juan
Capistrano environmental review requirements. If unforeseen conditions are encountered, or if we
experience delays or circumstances beyond our control, MIG will notify the Client immediately to
discuss modifications to the scope of services and/or project fees. Changes to the assumptions or
changes to our understanding of the project, as listed above, could result in an amended cost
estimate. Such factors may include:
1.Insufficient data – This SOW assumes all data necessary to complete the technical
studies) will be provided by the City/Applicant (e.g., plan sets; construction phasing,
duration, and equipment operating characteristics; operational activity data; access to
the site, etc.). Additional time may be required if MIG has to create, interpret, or
otherwise generate project-specific data.
2.Administrative Drafts – This SOW presumes one draft study will be prepared and
submitted to the Client. If additional drafts of the studies are required, or if additional
time is needed to address comments beyond that assumed in the SOW described
above, such work would be subject to an amended scope of work and budget estimate.
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SCHEDULE
Upon written authorization to proceed, MIG will commence preparation of the technical studies.
The completion of all studies is contingent on the receipt of a complete project plan set, traffic data
(i.e., trip generation and VMT studies), and receipt of requested data pertaining to project
construction and operational characteristics. MIG estimates the completion of the studies will take
up to four weeks to complete from notice to proceed.
S TAFFING
The following MIG staff will have primary responsibilities for completing the SOW described in this
proposal (see Attachment 1 for resume):
Chris Dugan, Director of Air Quality, Greenhouse Gas, Noise Services, has more than 15
years of environmental and CEQA consulting experience. Chris has completed several technical
studies and CEQA analyses for projects in Orange County, including the Garden Grove Focused
General Plan Update and Zoning Amendment EIR and Royal Karaoke Conditional Use Permit and
Bolsa Row Specific Plan Hotel Development Plan Noise Review in Westminster.
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Environmental Services for the 31841 - 31871 Camino Capistrano Mixed-Use Project December 21, 2022
City of San Juan Capistrano, California
ATTACHMENT 1
RESUME FOR CHRIS DUGAN
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City of San Juan Capistrano, California
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Chris Dugan
Director of Noise Services
BIOGRAPHY
Christopher Dugan has 15 years’ experience planning,
preparing and managing environmental compliance
documents required by local, state, and federal regulations,
including the California Environmental Quality Act (CEQA),
the Clean Air Act, the Occupational Safety and Health Act,
and local zoning / general plan requirements. Mr. Dugan
has served as CEQA project manager and technical analyst
for numerous industrial and municipal development
projects and is particularly skilled at communicating
technical concepts and impacts to community, decision-
maker, and other interested stakeholders.
Mr. Dugan prepares technical environmental analyses,
including noise monitoring and noise impact assessments,
to support CEQA review, mitigation monitoring, and other
compliance needs. He has monitored noise levels from
construction equipment, traffic, public events, and
stationary equipment and has assessed the compatibility of
pre- and post-project noise levels with zoning standards,
general plan standards, and general quality of life
standards. He has presented noise impact findings to
decision-making bodies and worked with community
members, project architects, municipal staff, and project
proponents to developed mitigation in the form of
operating restrictions, sound barriers, and sound power
output limits.
Mr. Dugan’s technical noise assessments involve the use of
the Federal Highway Administrtion’s (FHWA) Traffic Noise
Model, the FHWA Roadway Construction Noise Model, the
Federal Rail Administration’s CREATE Freight Noise and
Vibration Model, and SoundPLAN, a computer program that
incorporates acoustical algorithms that aid in the prediction
of mobile and stationary source noise levels.
EDUCATION
• Bachelor of Science, Natural Resource Management,
Cook College, Rutgers University, New Jersey, 2002.
RELEVANT EXPERIENCE
• Santa Fe Springs 2040 General Plan , Santa Fe Springs,
California. Lead Noise Analyst. Developed, implemented
and managed technical methodology and analysis of
city-wide ambient noise monitoring data collection and
existing and buildout land use, stationary source, rail,
and traffic noise and vibration levels. Led traffic noise
modeling and generation of rail and traffic noise
contours. Developed policies to protect noise- and
vibration-sensitive land uses from temporary and
permanent changes in the existing noise environment
estimated to occur with General Plan growth.
• Bolsa Row Specific Plan Updated Hotel Development
Plan Noise Review, Westminster, California. Lead Noise
Analyst. Reviewed updated hotel development proposal
for consistency with City Municipal Code standards and
Certified EIR findings.
• 6th Street Properties Sub Fund, LLC Warehouse Noise
Impact Analysis Report, San Bernardino, County,
California. Lead Noise Analyst. Developed ambient noise
survey and noise impact analysis for approximately
180,000 square-foot light industrial warehouse building
that addressed on- and off-site equipment and traffic
noise levels at adjacent residential receptors.
• Lawrence Mitty Park and Trail Master Plan Technical
Noise Report, Cupertino, California. Lead Noise Analyst.
Managed ambient noise survey for new park site,
validated FHWA TNM model for site, prepared noise
attenuation estimates for different noise barrier designs
that will inform park programming and design.
• Mount Shasta City-wide Noise Study, Mount Shasta,
California. Lead Noise Analyst. Prepared community
noise survey, coordinated with City staff and traffic
subconsultants on traffic noise data collection, managed
traffic noise modeling for General Plan update.
• Junipero Serra Trail Ambient Noise Survey and IS/MND,
Cupertino, California. Lead Noise Analyst. Prepared
ambient noise survey of sensitive receptor locations
along a proposed active trail alignment and
estimated effectiveness of existing barriers adjacent
to I-280.
• Upland at Enclave Specific Plan Update Noise
Impact Analysis Report, Upland, California. Lead
Noise Analyst. Developed ambient noise survey and
noise impact analysis that addressed residential land
use compatibility with adjacent marine boat engine
testing facility.
• Patrick Henry Drive Specific Plan EIR, Santa Clara,
California. Lead Noise Analyst. Oversaw preparation
of CEQA noise and vibration analysis for 74-acre
specific plan that could result in up to 12,000 new
residential units and 785,000 square feet of office
space near existing residential and educational land
uses. Identified program-level mitigation to reduce
construction noise levels from specific plan
development. Conducted traffic noise modeling for
more than 150 road segments.
• Freedom Circle Focus Area Plan and Greystar
General Plan Amendment EIR, Santa Clara,
California. Lead Noise Analyst. Oversaw preparation
of CEQA noise and vibration analysis for 108-acre
focus area plan in an employment rich area of the
City that also included an approximately 1,100-unit
residential development project. Identified program-
and project-level mitigation to reduce construction
noise levels from specific plan development.
Evaluated traffic noise impacts on more than 100
roadway segments in and near the project area.
• Vasquez Kennel Noise Impact Analysis Report,
Riverside County, California. Lead Noise Analyst.
Developed ambient noise survey and noise impact
analysis that evaluated dog kennel noise levels
pursuant to County permitting requirements.
• City of Garden Grove General Plan Update and
Focused Zoning Amendments EIR, Garden Grove,
California. Lead Noise Analyst. Developed,
implemented, and managed technical methodology
and analysis of city-wide ambient noise monitoring
data collection and evaluation of existing and
buildout land use, stationary source, rail, and traffic
noise and vibration levels. Led traffic noise modeling
and generation of rail and traffic noise contours.
Developed policies to protect noise- and vibration-
sensitive land uses from temporary and permanent
changes in the existing noise environment estimated
to occur with General Plan growth.
• Santa Clara County Behavioral Health Center Project
IS/MND, Construction Noise Barrier Design, Santa
Clara, California. Lead Noise Analyst. Oversaw
preparation of CEQA noise and vibration analysis.
Developed construction noise barrier design
recommendations to reduce construction noise levels at
adjacent residential receptor locations.
• Burlingame 2040 General Plan, Burlingame, California.
Lead Noise Analyst. Developed, implemented and
managed technical methodology and analysis of city-
wide ambient noise monitoring data collection and
existing and buildout land use, stationary source, rail,
and traffic noise and vibration levels. Led traffic noise
modeling and generation of rail and traffic noise
contours. Developed policies to protect noise- and
vibration-sensitive land uses from temporary and
permanent changes in the existing noise environment
estimated to occur with General Plan growth.
• Monterey Park 2040 General Plan EIR, Monterey Park,
California. Lead Noise Analyst. Developed, implemented
and managed technical methodology and analysis of
city-wide ambient noise monitoring data collection and
existing and buildout land use, stationary source, rail,
and traffic noise and vibration levels. Led traffic noise
modeling and generation of rail and traffic noise
contours. Developed policies to protect noise- and
vibration-sensitive land uses from temporary and
permanent changes in the existing noise environment
estimated to occur with General Plan growth.
• San Mateo County Government Center Campus
Development Project EIR, Construction Noise Barrier
Recommendation, and Construction Noise Monitoring,
Redwood City, California. Lead Noise Analyst. Oversaw
preparation of CEQA noise and vibration analysis.
Developed construction noise barrier design
recommendations to reduce construction noise levels at
adjacent residential and school receptor locations.
Developed, implemented, and managed construction
noise monitoring program to verify effectiveness of
barrier design and CEQA mitigation.
• Half Moon Bay Building and Garden, Inc. Concrete
Batch Plant Replacement Project EIR, Half Moon Bay,
California. Lead Noise Analyst. Developed,
implemented, and managed the sound monitoring and
sound impact methodology for a concrete batch plant
involving pneumatic transfer, pressure wash, and heavy-
duty equipment and concrete truck operations. The
octave band analysis was conducted in accordance with
City standards and evaluated sound levels at adjacent
cemetery, residential, and school receptor locations.
• Gasoline Dispensing Facility Technical Noise Analyses,
Los Angeles and San Bernardino County, California.
Lead Noise Analyst. Developed, implemented and
managed ambient sound monitoring and noise impact
analysis for seven gasoline dispensing facilities involving
gasoline transfer and storage operations, retail sales,
compressed air stations, car wash operations, and
heavy-duty truck operations. Recommended site and
structure design measures to reduce on-site noise
levels at adjacent off-site receptor locations.
• Palo Alto Public Safety Building EIR, Palo Alto,
California. Lead Noise Analyst. Developed,
implemented, and managed the sound monitoring
and sound impact methodology for a public safety
facility (i.e., police and emergency services
headquarters) and parking garage involving vehicle
activity sirens, and a large back-up generator.
• City of Menifee Noise Peer Review Services,
Menifee, California. Lead Noise Peer Reviewer.
Providing technical peer review services of applicant-
prepared technical noise reports submitted in
support of the City’s review of development
applications. Provided peer review services for more
than 25 residential, commercial, and industrial noise
source projects.
• General Drive Industrial Park Technical Noise
Analysis, Jurupa Valley, California. Lead Noise
Analyst. Developed, implemented, and prepared the
sound monitoring and sound impact analysis for a
large, five building industrial manufacturing and
warehousing project involving motor vehicle (i.e.,
employee trip), yard equipment, heating, ventilation,
and air conditioning equipment, and substantial on-
and off-site truck operations (idling, maneuvering,
and travel).
• Desert Hot Springs 2040 General Plan EIR, Desert
Hot Springs, California. Lead Noise Analyst.
Developed, implemented and managed technical
methodology and analysis of city-wide ambient noise
monitoring data collection and existing and buildout
land use, stationary source, traffic, and wind turbine
generator noise and vibration levels. Led traffic noise
modeling and generation of traffic noise contours.
Developed policies to protect noise- and vibration-
sensitive land uses from temporary and permanent
changes in the existing noise environment estimated
to occur with General Plan growth.
• Cudahy General Plan Update 2040 EIR, Cudahy. Lead
Noise Analyst. Developed, implemented and
managed technical methodology and analysis of city-
wide ambient noise monitoring data collection and
existing and buildout land use, stationary source, rail,
and traffic noise and vibration levels. Led traffic noise
modeling and generation of rail and traffic noise
contours. Developed policies to protect noise- and
vibration-sensitive land uses from temporary and
permanent changes in the existing noise environment
estimated to occur with General Plan growth.
• Smoky Hollow Specific Plan CEQA Analyses, El
Segundo, California. Lead Noise Analyst. Developed,
implemented, and managed ambient sound monitoring
and sound impact analysis for primarily
commercial/office specific plan. The analyses addressed
construction and operational noise and vibration
impacts, including TNM 2.5 traffic noise predictions on
more than 40 roadway segments, and recommended
design features and measures to reduce exposure to
live-work units included in the plan.
• Station Square Specific Plan CEQA Analyses, Monrovia,
California. Lead Noise Analyst. Developed,
implemented, and managed ambient sound monitoring
and sound impact analysis for three mixed-use
development projects adjacent to the L.A. Metro Gold
Line and Monrovia Light Rail Station. The analyses
addressed construction and operational noise and
vibration impacts, and recommended design features
and measures to reduce exposure to elevated noise
levels associated with nearby Interstate 10.
• Tolay Lake Parks and Recreation Master Plan EIR,
Sonoma County, California. Lead Noise Analyst.
Evaluated changes in ambient noise levels at sensitive
residential receptor locations associated with
development activities and expanded programming at a
large rural, regional park. Expanded programming
included special events with amplified sound near rural
residences.
• Oceano Dunes SVRA Pismocean Music Festival IS/MND,
and Special Event Monitoring, San Luis Obispo County,
California. Project Manager/Lead Noise Analyst.
Prepared CEQA IS/MND analysis of potential sound
impacts from special event activities. Subsequently
developed monitoring program to measure special
event sound levels at SVRA boundary and sensitive
receptor locations. The monitoring program also
evaluated ambient OHV noise levels and meteorological
and tidal influences on measured sound levels. The
results of the monitoring were used to prepare a set of
recommendations for limiting special event noise levels
at Oceano Dunes SVRA.
• Fort Bragg OHV Park. Lead Noise Analyst. Developed,
implemented, and managed technical methodology and
analysis of ambient sound monitoring data at an
existing, illegal OHV use area targeted for development
as an OHV park.
• Carlmont High School Usher Field Lights Project
IS/MND, Carlmont, California. Project Manager and
Lead Noise Analyst. Managed CEQA review of the high
school football and soccer field lights projects.
Developed, implemented, and managed the ambient
sound monitoring of existing nighttime sporting events
and the potential impacts of expanding nighttime
events (both the frequency and visitor attendance). The
evaluation considered substantial topographic relief
present between the field and sensitive receptors, as
well as the influence of the marine layer on
nighttime noise levels associated with school
sporting events.
• Merced South 115 Kilovolt Transmission Line and
Substation Project EIR, Merced County, California.
Lead Noise Analyst. Managed CEQA review of noise
impacts for a 13-mile above ground transmission line
and new substation. Analysis evaluated construction
noise, helicopter stringing of the transmission line,
transmission line corona noise, and substation noise
levels.
• Guadalupe Landfill Gas to Energy Facility Relocation
Project EIR. Lead Noise Analyst. Managed the CEQA
review of noise impacts for a landfill gas to energy
replacement project involving three landfill gas to
energy turbines and a enclosed flare. The evaluation
identified noise impacts at adjacent residential and
park receptor locations.
• Nevis Geothermal Development Project
Environmental Assessment, Island of Neves,
Caribbean. Lead Noise Analyst. Managed the
environmental review of potential noise impacts
associated with a geothermal exploration well and
planned 8.5-megawatt flash geothermal power plant
involving two production wells, one injection well,
and multiple air-cooled condensing units. Predicted
noise levels were compared to International Finance
Corporation Environmental, Health, and Safety noise
standards.
• Redwood Landfill and Recycling Center Use Permit
Noise Monitoring, Novato, California. Lead Noise
Analyst. Conducted sound monitoring of active
landfilling operations (e.g., air horn bird deterrents,
heavy equipment operations, shredder and windrow
turner) pursuant to use permit requirements. Prepared
brief report summarizing operational consistency with
permit requirements.
• Shiloh III Wind Energy Project EIR. Lead Noise Analyst.
Managed the CEQA review of noise impacts for a 150-
megawatt wind energy project involving construction
and potential low frequency noise impacts at rural
residential locations.
• Montezuma II Wind Energy Project EIR. Lead Noise
Analyst. Managed the CEQA review of noise impacts for
a 78.2-megawatt wind energy project involving
construction and potential low frequency noise impacts
at rural residential locations.