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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 2 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 3 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. 4 (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 5 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 6 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. 7 (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), 8 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 9 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, 10 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 11 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] 1212 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 13 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 2 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. Environmental Services for the 31841 - 31871 Camino Capistrano Mixed-Use Project December 21, 2022 City of San Juan Capistrano, California 3 •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. Environmental Services for the 31841 - 31871 Camino Capistrano Mixed-Use Project December 21, 2022 City of San Juan Capistrano, California 4 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. Environmental Services for the 31841 - 31871 Camino Capistrano Mixed-Use Project December 21, 2022 City of San Juan Capistrano, California 5 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. Environmental Services for the 31841 - 31871 Camino Capistrano Mixed-Use Project December 21, 2022 City of San Juan Capistrano, California 6 This page intentionally left blank. 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 Environmental Services for the 31841 - 31871 Camino Capistrano Mixed-Use Project December 21, 2022 City of San Juan Capistrano, California 8 This page intentionally left blank. 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.