Yucaipa City Council
March 28, 2022

Agenda Item No. 11

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Planning Manager/City Planner W F,_ R (,-- FOR: City Council Meeting of March 28, 2022
SUBJECT: Yucaipa Valley Wine Country Specific Plan EIR
RECOMMENDATION:

That City Council:
1) Approve and authorize the Mayor to execute a Professional Services Agreement with P1aceWorks, of Santa Ana, CA, in the amount of $419,534, and approve the amount of $38,000 for contract contingency for a total budget in the amount of $457,534 for providing professional services in the preparation of the Yucaipa Valley Wine Country Specific Plan Update Subsequent Environmental Impact Report contingent upon the execution of a Fair Share/Reimbursement Agreement between the City and the individual property owners/developers of the properties within the Yucaipa Valley Wine Country Specific Plan area to pay for their fair share of the cost of these professional services; and 2) Approve and authorize the City Manager to execute a Purchase Order under the terms of the agreement for Professional Services with Dudek dated July 13, 2020, in the amount of $391,519 for providing professional services in the preparation of the biological studies for the Yucaipa Valley Wine Country Specific Plan Update Subsequent Environmental Impact Report contingent upon the execution of a Fair Share/Reimbursement Agreement between the City and the individual property owners/developers of the properties within the Yucaipa Valley Wine Country Specific Plan area to pay for their fair share of the cost of these professional services; and
3) Authorize the City Manager or his designee to administer the terms of the Agreements.

BACKGROUND:

Interest has grown within the Community to facilitate the development of boutique wineries and associated land uses in addition to allowing for crop cultivation of wine grapes throughout the City.

Several small-scale vineyards have already been planted. In addition, the City is home to two -locally based wineries, which currently import grapes from other wine regions, and features another winery directly outside of the City limits in the north bench area. On July 9, 2018, the City Council awarded a $5,000 Community Activity Grant to support the efforts of the Yucaipa Valley Wine Alliance (YVWA) for their petition to the Tobacco Tax and Trade Bureau (TTB) to establish the City of Yucaipa and surrounding areas as an American Viticultural Area (AVA). This forward momentum suggests that other opportunities for additional wine making efforts will occur in the future, especially -240-

Yucaipa Valley Wine Country Specific Plan Update EIR Contract City Council Meeting of March 28, 2022

once the AVA designation is finally approved by the TTB. There are now only 2 AVA applications ahead of the Yucaipa Valley application, and while TTB staff does not expect any formal action until later this year, the petition is getting close to a decision.

Winemaking presents several different elements from a land use perspective that are not currently addressed by the City's Development Code, including; the establishment of a winery and the accessory uses to a winery, including but not limited to licensed and bonded facilities for the fermentation of grapes as well as public tasting rooms and their hours of operation, and land use compatibility and buffering of farming and retail operations of a vineyard adjacent to existing residential neighborhoods. Creating a new winemaking industry in Yucaipa is also impeded by the lack of agriculturally zoned land. Most wine regions in California were created within lands previously zoned for agriculture, and that have been historically developed for vineyards. Crop cultivation is a permitted use within the Rural Living District, however commercial operations are not currently permitted, and under California State Law, residentially zoned property cannot be downzoned or changed to a non-residential use unless the potential units are "replaced" (either by increasing density or converting non-residential areas to a residential use) either within the same property/property ownership or in another location within City limits. Therefore, any regulatory action taken by the City to foster a future wine industry must be done within the context and associated constraints of the existing residential zoning and housing laws, as well as individual property rights.

In addition, the efforts to implement the wine industry in Yucaipa should have vineyards planted in sufficient quantities to ultimately yield a majority of the fruit needed to support a winery, if the intent is for wineries to sell wine made from a majority of the local grapes.

To help better understand the best approach to use for the City to encourage the development of a sustainable wine industry and how this development would fit within the City's existing built environment and regulatory context, a two -phased approach was implemented, with Phase I being the research and initial outreach phase, and where Phase 11 would be development of the actual tools for implementation. On September 12, 2019, the City Council approved a Professional Services Agreement with P1aceWorks, a planning consultant firm, to provide professional services for the Phase I part of the process. The initial outreach efforts as part of Phase I included one field workshop in Temecula, over 8 public meetings and 14 stakeholder interviews, and the preparation of various case studies that were considered as Yucaipa developed its own AVA identity. Through the outreach process, the AVA Planning Committee (AVAPC) weighed the regulatory constraints, such as existing land uses, property rights, and the types of ancillary uses deemed most appropriate in conjunction with other viticulture operations, as well as the overall fit, vision and scale for what the Yucaipa wine region should look like, to provide recommendations on the best approach.

Based on the existing conditions in the City, three alternatives to support a new wine industry were identified and evaluated: Alternative One was a Transfer of Development Rights program, Alternative Two was a master plan approach with a clustered approach to create land specific for vineyards and wineries, and Alternative Three was permitting commercial uses in the residential district. At the regular City Council Meeting of January 25, 2021, the Phase I report was approved by the City Council and the Council directed staff to proceed with Alternative Two as the approach to be used for Phase 11, and to have staff prepare a scope of work and contract to begin the development of a Master Plan that would encourage the development of a wine industry. At the regular City Council -241-

Yucaipa Valley Wine Country Specific Plan Update EIR Contract City Council Meeting of March 28, 2022

Meeting of February 22, 2021, the City Council awarded a contract to Placeworks for the Phase II Project. Following community discussions, the City Council requested a follow-up discussion of the Phase I project and conducted a Study Session at the regular meeting of May 24, 2021. Following that discussion, Council directed staff to continue with the preparation of a Specific Plan that would consolidate the residential capacity of the greater North Bench area and to create/delineate new agricultural zoning that would encourage and facilitate the creation of wineries while preserving/enhancing open space for trails and other passive recreational opportunities. At the regular meeting of September 13, 2021, the City Council also approved the name "Yucaipa Valley Wine Country Specific Plan" (Specific Plan) to correspond to these efforts.

At the City Council Meeting of November 22, 2021, a study session was held that discussed the proposed Land Use Plan, as well as the proposed land use regulation framework for the proposed agricultural district, including types and sizes of wineries to be permitted, as well as the two higher - end single-family land use districts proposed: the "Wine Country Villas" within the interior of the Specific Plan area, and the larger -lot size "Wine Country Estates" along the periphery of the site.

Council provided direction for staff and Placeworks to continue to develop the Specific Plan with the recommendations provided.

DISCUSSION:

At the City Council meeting of January 24, 2022, the mid -year budget staff report had included a proposed cost and allocation for the preparation of the necessary environmental review documents pursuant to the California Environmental Quality Act (CEQA) that will be necessary for the adoption of the Specific Plan. The proposed budget estimated a cost of $400,000 to complete the necessary review of the Environmental Impact Report (EIR) needed for the ultimate approval of the update. At the meeting, Council approved the transfer of $400,000 in FY 2020-21 Net Revenues from the General Fund to the Freeway Corridor Specific Plan in the City's Capital Projects Fund (Fund 35) for these necessary professional services, and further directed that all of the costs associated with the proposed environmental review efforts and the previous net costs incurred by the city be reimbursed by the property owners that develop within the plan area. It should be noted that this cost recovery approach will be included in the Specific Plan, and provides for a review process that would cost less than if each property owner were to complete the environmental review on their own.

Based on this direction, staff has sought a sole source agreement with P1aceWorks for a number of reasons. Based on their experience and qualifications, PlaceWorks has won several competitive contracts for long-term planning services for the City, including the City's 2016 General Plan update that included a community profile background document and General Plan Environmental Impact Report (EIR), and therefore has a unique knowledge of the City from the comprehensive visioning and implementation process associated with a General Plan Update process. Further, P1aceWorks has completed other key projects for the City, including the College Village Overlay Guidelines, the Oak Glen Creek Specific Plan EIR, and has been providing professional services in the preparation of the Viticulture Operations and Associated Development Standards (Phase 11), following the completion of Phase I. Separately, Placeworks was awarded the contract for the preparation of the Freeway Corridor Specific Plan Update through a competitive process led by Southern California Association of Governments (SCAG).
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Yucaipa Valley Wine Country Specific Plan Update EIR Contract City Council Meeting of March 28, 2022

As such, they are very familiar with the City's Genera Plan vision and the unique elements that make up the Specific Plan. PlaceWorks' prior work will result in this process being more cost-effective than utilizing a consultant who will need to learn the plan area, the discussions that developed the land use plan, and will also provide an opportunity to help maintain staff continuity through the review, preparation and future adoption of the Specific Plan. They have demonstrated in past work for the City of Yucaipa the ability to be responsive, knowledgeable, and experienced.

In addition to the work Placeworks will be completing, staff has sought a sole source agreement with Dudek to complete the required biological assessments needed to support the overall EIR effort. The review of biological resources will be an integral part of establishing the current site conditions for the Plan area, and the timely mobilization of biologists will be key to completing the EIR process.

Placeworks does not have biologists on staff and would normally contract for such services; however, Dudek is one of the City's qualified on -call consultants, and has provided biological resource assessment and regulatory permitting for a number of City projects. On July 13, 2020, Council awarded a contract to Dudek for On -call Professional Environmental Review Services. A sole source agreement will permit cost reductions through a direct hire rather than a Placeworks sub -consultant agreement.

FISCAL IMPACT:

The preparation for the Yucaipa Valley Wine Country Specific Plan has been funded through a competitive grant that was awarded to the City by the California Department of Conservation, which has reduced the Capital Fund/property owner costs for the efforts. At the City Council meeting of January 24, 2022, Council approved the transfer of $400,000 in FY2020/2021 Net Revenues from the General Fund to the Yucaipa Valley Wine Country Specific Plan in the City's Capital Projects Fund (Fund 35) for these required professional services.

The individual property owners and/or developers of the properties within the Yucaipa Valley Wine Country Specific Plan area will be responsible for their "fair share" cost of the professional environmental review services applicable to their specific development projects and included in the proposed contracts. The cost of the services for each individual development project will be identified and reimbursed to the City through a Fair Share/Reimbursement Agreement between the City and the individual property owners/developers.

The total estimated cost for the required professional services identified in the proposed agreements is in the amount of $849,053. With the $400,000 in funding approved for this project and the required fair share/reimbursements to be collected from future developments, there is adequate funding available to accommodate staffs recommendations.

Attachments: Professional Services Agreements
Approved by:
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CI T Y OF

CITY OF YUCAIPA
34272 YUCAIPA BLVD.

YUCAIPA, CA 92399
(909) 797-2489 PHONE
(909) 797-9203 FAX

AGREEMENT FOR PROFESSIONAL SERVICES

PROVIDING PROFESSIONAL ENVIRONMENTAL SERVICES IN THE

PREPARATION OF THE YUCAIPA VALLEY WINE COUNTRY SPECIFIC PLAN

UPDATE SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
On this 28th day of March 2022, the City of Yucaipa, a Municipal Corporation, hereinafter referred to as Cam, and Placeworks hereinafter referred to as Consultant, hereby mutually agree as follows:

I. Scope of Agreement
A. Engagement of Consultant
The City hereby engages the Consultant in accordance with the terms of this Agreement to perform the consultant services set forth in Section III in connection with the providing professional environmental services in the preparation of the Yucaipa Valley Wine Country Specific plan update subsequent environmental impact report.

Agreement Documents
The complete Agreement includes all the Agreement documents including, but not limited to, the Consultant's "Technical and Cost Proposal" Exhibit "A" hereto, this Agreement and all other documents, texts and other items incorporated by reference in any of the herein -above -named Agreement documents. The specific terms and conditions of this Agreement shall control and have precedence over any contradictory or inconsistent terms and conditions included in the aforementioned Agreement documents and shall be controlling in questions of interpretation.

B. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law.
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C. Standard of Performance
The Consultant agrees to perform professional services required by this Agreement in a professional and competent manner consistent with accepted professional standards.

All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of professional care to be expected of competent professionals in Consultant's field of expertise.

Consultant represents that it has the professional skills, experience and knowledge necessary to perform the work agreed to be performed under this Agreement and acknowledges that City relies upon the professional skills of Consultant to do and perform Consultant's work in a skillful and professional manner, and Consultant thus agrees to so perform the work.

Acceptance by City of the work performed under this Agreement does not operate as a release of Consultant from such professional responsibility for the work performed.

It is further understood and agreed that Consultant is apprised of the scope of work to be performed under this Agreement and Consultant agrees that the work can and shall be performed in a fully competent manner.

H. Commencement of Work
The Consultant shall commence work under this Agreement on the date specified in a `Notice to Proceed' issued by the City.

A. Term of Agreement
The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City, or until the earlier termination of the agreement pursuant to section XIV.

B. Failure to Perform
Failure of the Consultant to commence the work within the time allowed may result in the Agreement being terminated by the City.

C. Compliance with Laws
In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, the Municipal Code and Ordinances of City. Consultant warrants that all work done under this Agreement will be in strict compliance with all applicable safety rules, laws, statutes, ordinances, regulations, and practices.

M. Scope of Work
Consultant shall timely perform the services and tasks set in the "Schedule A" section of the Consultant's project proposal (Exhibit "A" attached hereto) for the preparation

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of the Yucaipa Valley Wine Country Specific plan update subsequent environmental impact report. No change from this scope of work shall be made unless authorized in writing by the City's designated representative.

IV. Independent Consultant
The performance of Consultant's services hereunder shall be in the capacity of an independent Consultant and not as an officer, agent, or employee of City. In consideration for the compensation paid to Consultant by City, Consultant agrees that City shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits for Consultant, its officers, employees, agents, Consultants or subcontractors, and Consultant agrees that it shall not sue or file a claim, petition or application therefore against City or any of its officers, employees, agents, representatives or sureties, and shall defend and indemnify City from all claims, causes of action, liability and damages arising therefrom.

V. Interest of Consultant
Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant may be a designated employee within the meaning of the Political Reform Act, and, if so, notified by the City, will comply with all reporting and requirements of the City with respect to Consultant's financial interests.

VI. 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 member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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VII. License
Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant and its sub -consultants to practice their profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any license, permits, insurance and approvals which are legally required of Consultant to practice its profession.

Consultant shall obtain and maintain a City Business License during the performance of this Agreement.

VM. Failure to Perform Work
If Consultant should be adjudged bankrupt or should make a general assignment for the benefit of creditors; if a receiver should be appointed on account of insolvency of Consultant; if Consultant should refuse or should fail, except in cases for which an extension of time is provided specifically by City to supply adequate properly skilled workers or proper materials to perform its obligations under this Agreement within the time herein required, in a good work manner; or if Consultant should fail to make prompt payment to subcontractors, or for material or labor, or disregard laws, ordinances or the instructions of City or its duly authorized engineers, inspectors or representatives, or otherwise violate any provision of this Agreement; then City, upon the certification of its designated representatives that sufficient cause exists to justify such action may, without prejudice to any other right or remedy and after giving Consultant five (5) days written notice, terminate this Agreement and finish the work by whatever methods it may deem appropriate and expedient. In such case, Consultant shall not be entitled to receive any further payment except for such work as City deems had been satisfactorily completed prior to termination.

IX. Assignment and Subcontracting
The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant.

Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor.

Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

X. Ownership of Work Product
It is understood by and agreed between the parties that all documents, records, drawings,

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designs, specifications, computer programs, written materials, notes, plans and other materials produced or prepared by Consultant pursuant to this Agreement shall become and are the property of City and shall be delivered to City immediately upon completion of the services provided for herein, or upon termination of this Agreement.

Consultant shall submit all such documents and records in both hard copy and electronic data formats.

The City will not under any circumstances cause or allow the use of any electronic engineering and surveying data received from Consultant for the purpose of performing land surveying and/or civil engineering as defined in California Business and Professions Code Sections 8736 and 6731.1 respectively, whether following termination or suspension of this Agreement or otherwise, by any person or company that is not a duly licensed and qualified Civil Engineer and/or Land Surveyor in the State of California. In addition, such electronic engineering and surveying data is not being prepared by Consultant for the purpose of being used in, or in connection with, any type of GPS- guided grading equipment, and City agrees not to cause or allow such use on the project except by a duly licensed and qualified Civil Engineer and/or Land Surveyor Disputed/Unauthorized Work
XI. Disputed Work
In any case where the Consultant deems extra compensation is due for work or services not clearly covered in this Agreement, or not ordered in writing by the City as extra services, the Consultant shall immediately notify the City in writing of its intention to make claim for such extra compensation before the Consultant begins the work on which the Consultant bases the claim.

If such notification is not given, and/or if the City is not afforded an opportunity to negotiate the appropriate fee for such extra services, the Consultant is deemed to have agreed to waive the claim for such extra compensation.

Such notice by the Consultant to the City shall not in any way be construed as proving the validity of the claim. The claim must be approved, in writing, by the City.

Work done in the absence of or without the knowledge of the City or any work done without written authority from the City, will be considered as unauthorized and at the expense of the Consultant, and will not be paid for by the City.

Should any dispute arise respecting the value of any work omitted or of any work which Consultant may be required to do or respecting the amount of any payment to Consultant during the performance of the Agreement, the dispute shall be decided by the City Engineer of City, subject to the final approval of the City Council.

XII. The City's Responsibilities
A. Budget Limitations

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of Yucai
The City shall provide full information as to the requirements of the project, including budget limitations and scheduling.

B. Legal Services
The City shall furnish legal advice and services required for the project.

C. Administrative Procedures
The City shall notify the Consultant of administrative procedures required and shall specify, in writing, representatives, if any, authorized to act in its behalf. The City shall review documents submitted by the Consultant and shall promptly render decisions pertaining thereto to avoid unreasonable delay in the progress of the project.

The Consultant shall observe the procedure of issuing any orders to Consultants only through the City. Nothing herein contained shall be construed as a delegation by the City of its powers of inspection under all applicable codes, laws and ordinances nor of its power to enforce compliance with the same.

D. Representative
The City shall designate a representative authorized to act on the City's behalf with respect to the Project.

The designated representative shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services.

X111. Consultant's Compensation
A. Basic Service
The Consultant will perform these services for a not to exceed amount of $419,534 Compensation for services performed and shall be in accordance with Consultant's "Cost Proposal" included in Exhibit `A' and as specified in Section III of this agreement. Any work considered to be outside of the scope contained herein will be accomplished as "Extra Work" on a Time and Materials basis in accordance with the "Cost Proposal." If the scope of services is adjusted, additional fees may be negotiated, in writing, and in accordance with this Agreement.

B. Method of Payment
Consultant will complete the work outlined herein and invoice City monthly on a percentage of completion basis in accordance with the Schedule of Fees. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditure. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City Staff.

When payments made by the City equal ninety percent (90%) of the maximum fee

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provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.

C. Limitation
No payment for any work performed by the Consultant shall exceed the limits established in foregoing provisions of this Agreement.

D. Extra Work
At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work, which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.

XIV. Termination of Agreement
A. Termination
This Agreement may be terminated by either party upon written notice to the other party, in the event of a substantial failure of performance by such other party, or if the City should decide to abandon or indefinitely postpone the project.

Upon termination, all materials, documents, and work product produced pursuant to this Agreement by or for Consultant and/or in Consultant's possession, including, but not limited to, the drawings, calculations, and specifications which include hard copies, tapes, drawings, diskettes, and electronic medium (the "Plans") shall immediately become the property of the City.

B. Payment Upon Termination
In the event of such termination the City shall pay to the Consultant as full payment for all services performed that amount which has been previously approved and actually incurred by Consultant at the time of termination, which amount shall not exceed the reasonable value of the work completed according to the schedule established pursuant herein.

XV. Insurance
The Consultant shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors.

Minimum Scope of Insurance
Consultant shall provide insurance in scope, amounts and coverages as required by City, including, but not limited to, the following:

A. Insurance Services Office Commercial General Liability coverage (Occurrence Fonn

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CG 0001)
B. Insurance Services Office Form Number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 (any auto)
C. Worker's Compensation insurance as required by the State of California and Employers' Liability Insurance
D. Errors and Omissions liability insurance appropriate to the consultant's profession.

Architects' and engineers' coverage is to be endorsed to include contractual liability.

Minimum Limits of Insurance
Consultant shall maintain limits no less than:

A. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

B. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

C. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

D. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

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Deductibles and Self -Insured Retention
Any deductibles or self -insured retention must be declared to and approved by the City.

At the option of the City, either the insurer shall reduce or eliminate such deductibles or self -insured retention that pertain to the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

A. The City, its officers, officials, employees, agents and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant; and with respect to liability arising out of work or operations performed by or on behalf of the Consultant; premises owned, occupied or used by the Consultant; including materials, parts or equipment furnished in connection with such work or operations.

B. General liability coverage shall be provided in the form of an endorsement to the Consultant's insurance, or as a separate owner's policy. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, or volunteers.

C. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

D. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

E. The Consultant's insurance shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer's liability.

F. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, has been given to the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than

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A: VII, unless otherwise acceptable to the City.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause.

The endorsements should be on forms provided by the City or on other than the City's forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

XIX. Indemnification Consultant's Responsibility
A. Indemnity for Design Professional Services.

Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant's indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant's proportionate percentage of fault.

As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Consultant agrees to indemnity, defend and hold harmless the City, its officers officials, employees and volunteers for an against any claim, demands, losses, liability of any kind or nature arising out of or in connection with the Consultant's performance or failure to perform under the terms of this contract, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.

B. Other Indemnities

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In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Section XIX.A, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the negligent acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section XIX.B shall apply independent of any prior, concurrent, or subsequent misconduct, negligent acts, errors or omissions of Indemnitees."
XX. Work Performance
All work shall be conducted and completed in accordance with all current, applicable state and federal laws, including, but not limited to Labor Code Sections 1770 et seq. where applicable; local laws, ordinances and regulations; and all maps, plans and specifications on file with city. Where any such construction/design has been partially completed prior to this Agreement, consultant agrees to complete them in accordance with this paragraph.

XXI. Worker's Compensation
By executing this Agreement, the Consultant hereby certifies that he/she is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Agreement.

XXH. Audit
Consultant shall allow City to inspect its records with respect to services performed pursuant to this Agreement, upon giving reasonable notice. Consultant shall maintain any books, records, or other documents relating to the work performed for period of at least (3) years from the completion of the services performed pursuant to this Agreement.

XXHL Default
In the event that any of the provisions of this Agreement are violated by Consultant or by any approved subcontractor under any subcontract on the Project, City may terminate this Agreement by serving written notice on Consultant of its intention to terminate and, unless within five (5) days after the serving of such notice such violation shall cease, this Agreement shall terminate. As to violations of the provisions of this Agreement, which

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City of Yucaipa
cannot be remedied or corrected within five (5) days, this Agreement shall, at the option of City, cease and terminate upon the giving of such notice.

In the event of any such termination for any of the reasons above -mentioned, City may take over the work in progress and prosecute the same to completion by contract or otherwise on the account and at the expense of Consultant; Consultant shall be liable to City for any excess cost incurred in the event of any such termination; and City may take possession of and utilize such materials and appliances as may be on the site of work and necessary in completing the work.

This clause shall not be construed to prevent the termination of this Agreement by City pursuant to other provisions of this Agreement.

XXIV. Non -Discrimination
Consultant shall declare that he/she does not discriminate in his/her employment with regard to age, handicap, race, color, religion, sex or national origin.

XXV. Drug Free Workplace
Consultant agrees to comply with the City's Drug Free Workplace Policy.

XXVI. Attorney Fees
In the event of any action between City and Consultant seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees.

XXVH.Waiver
No waiver or failure to exercise any right, option, or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option or privilege or any other occasion.

XXVIII. Assignments
Neither this Agreement, nor any part thereof, nor any monies due or to become due thereunder may be assigned by the Consultant without the prior written consent and approval of the City.

The City and Consultant hereby agree to the full performance of the covenants and conditions contained herein.

XXIX. Successors and Assigns
It is mutually understood and agreed that this Agreement shall be binding upon the City and its successors and upon the Consultant, its partners, successors, executors and administrators.

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City of Yucaipa
XXX. Notices
All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice.

These addresses shall be used for delivery of service or process.

A. Address of Consultant is as follows:

Placeworks
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Attn:
(714) 966-9220 ext.

B. Address of City is as follows:

City of Yucaipa
34272 Yucaipa Boulevard, Yucaipa, CA 92399
(909) 797-2489 Fax (909) 790-9203
Attn: Fermin Preciado, P.E., Director of Development Services/City Engineer (909) 797-2489, ext. 254
XXXI. Controlling LawNenue
California law shall govern the interpretation and enforcement of this Agreement; any action brought relating to this Agreement shall be brought in San Bernardino County.

XXXII. Authority to Enter Agreement
Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal right, power, and authority to make this Agreement and to bind each respective party.

XXXIII. Professional Services for other Projects
The City reserves the right to expand or add to the scope of work for the consultant to include professional services for other city projects and/or request proposals for future similar services.

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City of Yucaipa

SIGNATURE PAGE
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement the day and year first above written.

David Avila, Mayor
Jennifer Crawford,
Assistant City Manager/ City
Clerk
City of Yucaipa
APPROVED AS TO FORM:

David M. Snow, City Attorney
City of Yucaipa

FUNDS AVAILABLE/
INSURANCE APPROVED:

Andrew Hamilton
Finance Manager
City of Yucaipa
Attachment(s):Exhibit "A"
uate
Date
Placeworks
Fermin Preciado, Director of
Development Services/ City
Engineer
City of Yucaipa,
Uate
Date

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=I,

EXHIBIT A

SCOPE OF SERVICES

TECHNICAL AND COST PROPOSAL
of Yucai

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1LEWORKS
Project Approach
PlaceWorks proposes the preparation of a Supplemental Environmental Impact Report (SEIR) to the Yucaipa General Plan EIR (GPEIR). PlaceWorks served as the lead consultant for the General Plan EIR, which was certified in 2016. Since the City's General Plan is relatively recent, the analysis and the supporting technical studies for the GPEIR are a logical foundation for the environmental review for the Wine Country Specific Plan (proposed project). As a subsequent environmental document under the California Environmental Quality Act (CEQA), the Supplemental EIR will compare the Specific Plan's environmental impacts with the impacts of the adopted General Plan land uses for the project site. The analysis will focus on the net change or incremental impacts of the proposed project in comparison to the impacts identified in the General Plan (in comparison to a regular EIR, which would compare project impacts to existing conditions).

As with the General Plan, the analysis for the approximately 1,100-acre Specific Plan will be programmatic.

It will provide a more detailed review of potential impacts than the General Plan, but not as much detail as for a "project level" EIR. However, the SEIR will be structured, to the extent possible, to limit the requirement for future CEQA documents (particularly EIRs) for future development phases of the Specific Plan. The SEIR will build on the GPEIR mitigation measures with more specificity and supplemental measures as needed. Mitigation measures will identify performance standards as well as site- or parcel - specific technical studies that would be required for subsequent development phases in the Specific Plan property. For example, the SEIR will include mitigation identifying particular areas that will require focused surveys for certain sensitive species and describe the mitigation required for species that are observed. The SEIR will also detail regulatory requirements that mitigate environmental impacts.

Project Team
Many of our team members, including JoAnn Hadfield, our proposed project manager for preparation of the SEIR, also worked on the Yucaipa General Plan EIR. JoAnn served as Principal for the GPEIR, and Nicole Vermilion served as Project Manager. For the Wine Country Specific Plan SEIR, Nicole will serve as the in- house technical services manager. PlaceWorks' team will prepare the following technical studies/assessments to support the SEIR:
■ Air Quality/Greenhouse Gases/Energy
■ Noise and Vibration
■ Water Supply Assessment (covered in the Specific Plan contract) ■ Cultural Resources Review
We will coordinate with our in-house Planning Team responsible for Specific Plan preparation, and we have included the following subconsultants to support preparation of the SEIR:
■ IBI Group: transportation (IBI Group also prepared the transportation/traffic study for the GPEIR) ■ Fuscoe Engineering: infrastructure (hydrology/water/sewer) ■ Dudek: Wildfire hazards
Cost Estimate
PlaceWorks' cost estimate is based on our hourly fee schedule, shown below.

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e PLACEWORKS
Table 1. Cost Estimate
TASK
COST
Task 1. Project Initiation
Task 1.1. Project Description
$15,688
Task 1.2. CEQA Kickoff Meeting
$6,406
Task 1.3. Site Visit
$1,958
Task 2. Notice of Preparation
$5,936
Task 3. Scoping Meeting
$6,SC8
Task 4. Administrative Draft SEIR
Task 4.1. Administrative Draft SEIR
$100,802
Task 4.2. Second Administrative Draft SEIR
$14,606
Task 5. Public Review Draft SEIR
$11,597
Task 6. Final SEIR/Response to Comments
$15,769
Task 7. Mitigation Monitoring and Reporting Program
$3,152
Task 8. Findings of Fact/Statement of Overriding Considerations $9,608
Task 9. Notice of Determination
$454
Task 10. Project Management and Meetings
Task 10.1. Project Management
$13,423
Task 10.2. Meetings
$8,685
Task 11. Hearing Attendance
$10,159
Task 12 Technical Studies
Task 12.2. Noise & Vibration (PlaceWorks)
$15,137
Task 12.3. Tribal, Cultural, and Paleontological Resources (PlaceWorks) $14,576
Task 12.4. Air Quality, Energy, GHG Emissions (PlaceWorks) $28,540
Task 13. Transportation (IBI Group)
Task 13.1. Transportation Impact Analysis
$17,930
Task 13.2. VMTAnalysis
$11,110
Task 14. Infrastructure (Fuscoe)
$59,950
Task 15. Wildfire Hazards (Dudek)
Task 16.1. Fire Protection Plan
$44,264
Task 16.2. Evacuation Study
$75,702 .

Subtotal
$491,960

REIMBURSABLES
$10,341

GRAND TOTAL
$502,301
10% CONTINGENCY
$49,196
GRAND TOTAL WITH 10% Contingency
$551,497
Subconsultants billed at cost plus 10%. Labor includes 2% for office expenses. Mileage based on IRS mileage rate. r O PTi D N A/L-
4/
i�
T© -[-�NL-- C X GL-ot�- I t4 6C o0n0Njv l- tTt-,",S � iI 53 `i March 24, 2022 1 Page 2
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March 23, 2022
Benjamin Matlock
Planning Manager/City Planner
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
Subject: Proposal for Biological Services for the Wine Country Specific Plan Project, City of Yucaipa, San Bernardino County, California
Dear Mr. Matlock:

Dudek is pleased to provide this proposal for biological services for the proposed Wine Country Specific Plan Project (project), which is on an approximately 1,136-acre site in the City of Yucaipa (City), California. 1 Scope of Services
Dudek's qualified biologists will map and characterize vegetation communities and land covers within the 1,136- acre project site. The mapping methods will be consistent with the California Department of Fish and Wildlife's (CDFW) Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018) and Survey of California Vegetation Classification and Mapping Standards (CDFW 2021). Natural vegetation communities will be classified according to A Manual of California Vegetation, Second Edition (Sawyer et al. 2009) at the vegetation alliance level and, where appropriate, to the association level. Vegetation communities will be classified based on site factors, descriptions, distribution, and characteristic species present in the area. Information such as dominant species and associated cover classes, aspect, canopy height, and visible disturbance factors will be recorded. In some areas, the vegetation communities observed in the field may not match those described A Manual of California Vegetation, Second Edition (Sawyer et al. 2009) or other classification system recognized by CDFW (CDFW 2021). In these instances, Dudek will generate additional appropriate, site -specific vegetation community or land cover classifications.

Vegetation communities will generally be mapped to the alliance level except where mapping to the finer -scale association level is necessary to determine sensitivity in accordance with the most recent version of the California Natural Communities List (CDFW 2021). Also, because non-native grasslands are not classified as a sensitive natural community, these vegetation communities will not be mapped to the alliance or association level. For example, a stand of ripgut brome (Bromus diandrus) would simply be mapped as non-native grasslands because alliance- and association -level information would not change the fact that non-native grasslands are not considered sensitive. This approach will reduce the cost of mapping vegetation. Minimum mapping units will be established to standardize the scale and appropriate evaluation of stands, as recommended by CDFW (2020).

One acre for upland natural communities not considered sensitive and 0.25 acres for sensitive vegetation communities and wetland or riparian vegetation communities will be used as minimum mapping units.

D U D E K MARCH 2O22
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To: Benjamin Matlock
Subject: Proposal for Biological Services for the Wine Country Specific Plan Project, City of Yucaipa, San Bernardino County, California
Dudek's qualified biologists will map vegetation communities and collect data in the field using an Esri ArcGIS mobile application. A Dudek geographic information system (GIS) technician will transfer the vegetation boundaries into an ArcGIS file and create a GIS coverage for vegetation communities. Once major line work and community designations are completed, a geodatabase will be created to verify all electronic boundaries are topologically correct and meet final quality control and assurance procedures.

Task 1 should be initiated immediately following notice to proceed in order to support time constraints of spring focused surveys.

Task 1 Assumptions
■ For vegetation community mapping efforts, approximately 100 acres can be surveyed by a single biologist in 1 day.
■ This scope assumes an approximately 1,136-acre project site can be surveyed in 12 person -days.

Task 1 Deliverables
■ Results of the vegetation community and land cover mapping will be incorporated directly within the Biological Resources Technical Report (Task 7).

Costfor Task 1.................................................................................................................................................. $29,547.00 Task 2.1 Jurisdictional Delineation Fieldwork
A formal jurisdictional delineation (JD) of state and federal jurisdictional waters will be conducted throughout the 1,136-acre project site in accordance with the following agencies and regulations: the U.S. Army Corps of Engineers (USACE), pursuant to Section 404 of the federal Clean Water Act; the Regional Water Quality Control Board (RWQCB), pursuant to Section 401 of the federal Clean Water Act and the Porter -Cologne Act; and CDFW, pursuant to the California Fish and Game Code.

Jurisdictional waters of the United States, including wetlands, will be delineated in accordance with the 1987 U.S.

Army Corps of Engineers Wetlands Delineation Manual (TR Y-81-1) and current published USACE guidance at the time of the delineation report. Non -wetland waters will be mapped at the ordinary high water mark based on the procedures defined in USACE's 2008 A Field Guide to Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States. Waters of the state will be mapped in accordance with the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures) adopted on April 2, 2019, and revised on April 6, 2021. As described in these procedures, wetland waters of the state will be mapped based on the procedures in USACE's 1987 Corps of Engineers Wetlands Delineation Manual and its 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0).

Areas under RWQCB jurisdiction generally coincide with waters of the United States; however, isolated waters may be under RWQCB jurisdiction as waters of the state as provided by the state Porter -Cologne Act. Additionally, riparian habitat associated with stream channels may be subject to CDFW jurisdiction.

Vegetation, hydrology, and soils will be examined at each aquatic feature potentially under federal/state jurisdiction. If needed, wetland sampling points will be conducted to determine the extent of the jurisdictional areas. Where the extent of these jurisdictional areas is questionable or unclear, additional data stations will be completed. The 2020 USACE National Wetland Plant List will be used, as recently directed by the USACE, to D U D E K MARCH 2O22
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To: Benjamin Matlock
Subject: Proposal for Biological Services for the Wine Country Specific Plan Project, City of Yucaipa, San Bernardino County, California
determine the indicator status of plant species. Drift lines and drainage patterns will be noted, where present.

Munsell soil color charts will be used to determine soil chroma and value. Soil pits will be dug to depths ranging from 10 to 16 inches. Excavated soils will be examined for evidence of hydric conditions, including low chroma values and mottling, vertical streaking, and high organic matter content in the upper horizon. This scope of work includes sampling and analyzing at up to eight soil pit stations.

Once the data collection at various sampling stations has been completed, the boundaries of the jurisdictional features will be delineated in the field using a web mapping application (Collector for ArcGIS) with sub -meter accuracy. All delineated features will be depicted on project maps.

Task 2.1 Assumptions
■ This scope assumes that the JD can be completed in 8 person -days. ■ This scope of work assumes up to eight wetland sampling points will be conducted.

Task 2.1 Deliverables
■ Results JD will be provided in the Aquatic Resources Delineation Report (Task 2.2).

Task 2.2 Aquatic Resources Delineation Report
In orderto support a preliminary jurisdictional determination and/or permitting, Dudek will prepare a stand-alone Aquatic Resources Delineation Report (ARDR), that describes the existing conditions within the study area in compliance with Special Public Notice dated March 16, 2017, Minimum Standards for Acceptance of Aquatic Resources Delineation Reports. The ARDR will support the preliminary JD request from USACE.

The ARDR will include the following information:
■ Contact information for the applicant(s), property owner(s), and agent(s) ■ Project location
■ Delineation methods
■ Results describing all aquatic resources, including a detailed table of each resource ■ A description of existing field conditions
■ A discussion of hydrology at the site
■ Soils descriptions
■ Required forms
■ Maps prepared consistent with the Updated Map and Drawing Standards for the South Pacific Division Regulatory Program
■ Photographs showing representative aquatic resources
■ Completed data station forms
■ Digital GIS data of the aquatic resources
■ Appendix summarizing the methods and results of state -mapped waters After review and approval of the ARDR and the preliminary JD (PJD) forms by the City, Dudek will submit the ARDR and PJD forms to USACE staff with a request for an approved PJD. Dudek will coordinate with USACE and provide any additional data or analysis required to substantiate the findings. Upon final approval, USACE will issue an DUDEK
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MARCH 2O22 3

To: Benjamin Matlock
Subject: Proposal for Biological Services for the Wine Country Specific Plan Project, City of Yucaipa, San Bernardino County, California
approved PJD letter and publish the findings on their website. Depending upon the approvals required, existing precedents, and any U.S. Environmental Protection Agency involvement, it may take USACE staff anywhere from 30 to 120 days to issue the verification.

If the project includes impacts to jurisdictional resources, regulatory permitting will be required; however, permitting is not included in this scope of work.

Task 2.2 Assumptions
■ The limits of disturbance will be provided to Dudek in GIS shapefiles and will be easily readable. ■ One round of revisions will be included, based on comments received from the City.

Task 2.2 Deliverables
■ Electronic delivery of the Draft ARDR for review by the City. ■ Electronic delivery of the Final ARDR incorporating one round of City comments.

Costfor Task 2.................................................................................................................................................. $34,591.00 Based on a review of public vegetation data and aerial imagery, the project site contains potential habitat for burrowing owl (Athene cunicularia). Therefore, protocol -level focused surveys are recommended. Dudek will conduct focused burrowing owl surveys in accordance with the Staff Report on Burrowing Owl Mitigation (CDFW 2012). Focused surveys for burrowing owl consist of site visits on four separate days conducted during the breeding season (March 1-August 31). The first burrowing owl survey needs to be conducted by April 15. A qualified biologist will conduct surveys by walking uniform transects throughout the project site and a 500-foot buffer of the site (where access is authorized), and will document any potential burrowing owl habitat on site (i.e., relatively open habitat with low gradients and burrow resources, which includes burrows or humanmade structures 4 inches or greater in diameter) with a web mapping application (FieldMaps for ArcGIS).

We have assumed for this scope and cost that 100% of the non -developed and non -ornamental portions of the area (approximately 950 acres) will require the first pass of the focused burrowing owl survey. It is assumed that 50% (approximately 475 acres) will contain suitable burrows (e.g., burrow resources with openings 4 inches or greater in diameter) that will require surveys for the remaining three survey passes. We assume that there is good visibility and that 20-meter transects will net 100% visual coverage. Based on the assumptions listed above, the survey will require approximately 320 miles of transects, and the survey is expected to take 24 person -days for the first pass and 12 person -days for each of the last three surveys. Therefore, four survey passes are expected to take 60 person -days.

The results of the focused burrowing owl surveys will be included in the Biological Resources Technical Report (BRTR), as described in Task 7. The BRTR will include the methodology, results of the survey, site photographs, and a map depicting the location of all suitable burrows, burrowing owl sign, occupied burrows, and/or burrowing owls observed.

Task 3 Assumptions
■ This scope assumes that approximately 950 acres of the project site will contain suitable vegetation for burrowing owl. This will be subject to the Pass 1 burrowing owl survey and focused D U D E K MARCH 2O22
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To: Benjamin Matlock
Subject: Proposal for Biological Services for the Wine Country Specific Plan Project, City of Yucaipa, San Bernardino County, California
burrow survey. The 950 acres would require 120 miles of transects spaced 20 meters apart. This scope assumes that the survey pass can be surveyed in 24 person -days. ■ This scope assumes that approximately 475 acres (50%) of the project site will contain suitable burrows for burrowing owl. This will be subject to the Passes 2-4 surveys and focused burrow survey. The 475 acres would require approximately 200 miles of transects spaced 20 meters apart. This scope assumes that each survey pass can be surveyed in 12 person -days, requiring 36 person -days total.
■ Dudek will provide our proposed survey area to the City, and City personnel will identify access restrictions or notification requirements. City personnel will notify property owners or tenants, if necessary.

Costfor Task 3.................................................................................................................................................. $78,015.00 Dudek has reviewed the physical characteristics of the project areas (including biogeography, elevation, soils, etc.) and records from the California Natural Diversity Database and the California Native Plant Society Inventory of Rare and Endangered Plants of California to compile a list of species with potential to occur on site, referred to as "target species." This list includes special -status plants (listed species and California Rare Plant Rank 1 or 2 species) with potential to occur that have been recorded within the on -site U.S. Geological Survey quadrangles and the surrounding eight quadrangles. The results of this preliminary analysis are provided in Table 1.

Table 1. Target Special -Status Plants
Status
• r.te/ Primary Habitat Associations/LifeForm/
Scientific Name
Common Name
CRPR) Blooming•• •
Abronia villosa
chaparral sand-
None/None/113.1 Chaparral, Coastal scrub, Desert dunes; Sandy/ var. aurita
verbena
annual herb/(Jan) Mar-Sep/245-5,245
Allium marvinii
Yucaipa onion
None/None/113.2
Chaparral/perennial bulbiferous herb/
Apr-May/2,490-3,490
Astragalus hornii
Horn's milk-
None/None/1B.1
Meadows and seeps, Playas; Alkaline, Lake
var. hornii
vetch
Margins/annual herb/ May- Oct/ 195-2,785
Astragalus
Big Bear Valley
None/None/113.2
Lower montane coniferous forest, Pebble
leucolobus
woollypod
(Pavement) plain, Pinyon and juniper woodland,
Upper montane coniferous forest; Rocky/
perennial herb/May-July/3,605-9,465
Astragalus
Jaeger's milk-
None/None/113.1
Chaparral, Cismontane woodland, Coastal
pachypus var.
vetch
scrub, Valley and foothill grassland; Rocky
jaegeri
(sometimes), Sandy (sometimes)/
perennial shrub/Dec-June/1,195-3,195
Bouteloua trifida
three -awned
None/None/2B.3
Mojavean desert scrub/perennial herb/
grama
(Apr)May-Sep/2,295-6,560
Calochortus
Palmer's
None/None/113.2
Chaparral, Lower montane coniferous forest,
palm eri var.
mariposa -lily
Meadows and seeps; Mesic/perennial
palmeri
bulbiferous herb/Apr-July/2,325-7,840
DUDEK
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To: Benjamin Matlock
Subject: Proposal for Biological Services for the Wine Country Specific Plan Project, City of Yucaipa, San Bernardino County, California
Table 1. Target Special -Status Plants
Status
-.Habitat
Name Common Name
CRPR)
BloomingScientific Period/Elevation
Chorizanthe parryi Parry's
None/None/1B.1
Chaparral, Cismontane woodland, Coastal
var. parryi spineflower
scrub, Valley and foothill grassland; Openings,
Rocky (sometimes), Sandy (sometimes)/
annual herb/Apr-June/900-4,000
Chorizanthe xanti
white-bracted
None/None/1B.2
Coastal scrub, Mojavean desert scrub, Pinyon
var. leucotheca
spineflower
and juniper woodland; Gravelly (sometimes),
Sandy (sometimes)/annual herb/Apr-June/
985-3,935
Deinandra
Mojave tarplant
None/SE/1B.3
Chaparral, Coastal scrub, Riparian scrub; Mesic/
mohavensis
annual herb/(Jan-May) June-Oct/2,095-5,245
Imperata
California
None/None/2B.1
Chaparral, Coastal scrub, Meadows and seeps,
brevifolia
satintail
Mojavean desert scrub, Riparian scrub; Mesic/
perennial rhizomatous herb/Sep-May/0-3,985
Lasthenia
Coulter's
None/None/1B.1
Marshes and swamps, Playas, Vernal pools/
glabrata ssp.
goldfields
annual herb/Feb-June/5-4,000
coulteri
Mentzelia
spiny -hair
None/None/2B.1
Mojavean desert scrub; Gravelly, Sandy, Slopes,
tricuspis
blazing star
Washes/annual herb/Mar-May/490-4,195
Monardella
Hall's
None/None/1B.3
Broadleafed upland forest, Chaparral, Cismontane
macrantha ssp.
monardella
woodland, Lower montane coniferous forest,
hallii
Valley and foothill grassland/perennial
rhizomatous herb/June-Oct/2,395-7,200
Petalonyx linearis
narrow -leaf
None/None/2B.3
Mojavean desert scrub, Sonoran desert scrub/
sandpaper -plant
perennial shrub/(Jan-Feb) Mar -May (June-Dec)/
-80-3,655
Sidalcea
Parish's
None/SR/1B.2
Chaparral, Cismontane woodland, Lower
hickmanii ssp.
checkerbloom
montane coniferous forest/perennial herb/
parishii
(May) June-Aug/3,280-8,195
Sidalcea
salt spring
None/None/213.2
Chaparral, Coastal scrub, Lower montane
neomexicana
checkerbloom
coniferous forest, Mojavean desert scrub,
Playas/perennial herb/Mar-June/50-5,015
Streptanthus
southern
None/None/1B.3
Chaparral, Lower montane coniferous forest,
campestris
jewelflower
Pinyon and juniper woodland/perennial herb/
(Apr) May-July/2,950-7,545
Symphyotrichum
San Bernardino
None/None/1B.2
Cismontane woodland, Coastal scrub, Lower
defoliatum
aster
montane coniferous forest, Marshes and swamps,
Meadows and seeps, Valley and foothill grassland/
perennial rhizomatous herb/July-Nov/5-6,690
Status Legend
FE: Federally listed as endangered
SE: State listed as endangered
SR: State listed as rare
California Rare Plant Rank (CRPR)
1B: Plants rare, threatened, or endangered in California and elsewhere 213: Plants rare, threatened, or endangered in California but more common elsewhere DUDEK
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MARCH 2O22

To: Benjamin Matlock
Subject: Proposal for Biological Services for the Wine Country Specific Plan Project, City of Yucaipa, San Bernardino County, California
Threat Rank
.1 - Seriously threatened in California (over 80% of occurrences threatened/high degree and immediacy of threat) .2 - Moderately threatened in California (20%-80% of occurrences threatened/moderate degree and immediacy of threat) .3 - Not very threatened in California (<20% of occurrences threatened/low degree and immediacy of threat or no current threats known) The target species will be grouped based on their blooming period to determine which groups of plants could be observed at the same time. Botanical survey schedules vary depending on weather patterns during the prior year and will be finalized based on reference population verification, discussed below. Given the typical blooming periods of these species, it is assumed that all potential target species could be surveyed for in two survey passes: in May and July.

Plant species bloom at slightly different times each year depending on temperature, rainfall patterns, elevation, and other environmental factors. Reference population checks involve locating known populations of special -status plant species during a time frame when they are known to be blooming or exhibiting other phenological characteristics that allow for species identification. Observations of reference populations during peak phenology provide assurance to the lead agencies and resource agencies that these species would be identifiable if they are present in areas proposed for ground disturbance. The focus of the reference plant population check will be on species that are state and federally threatened, endangered, or candidate for listing; 1 person -day per survey pass will be allotted to this task.

Focused special -status plant surveys will conform to the 2001 California Native Plant Society Botanical Survey Guidelines; 2018 CDFW Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities; and U.S. Fish and Wildlife Service's (USFWS) 2002 General Rare Plant Survey Guidelines. All plant species encountered during the field surveys will be identified to subspecies or variety, if applicable, to determine sensitivity status. If target species are encountered, field personnel will record data points demarcating the edge of the polygon and assess population numbers using the Esri ArcGIS mobile application.

The results of the focused special -status plant surveys will be included in the BRTR, as described in Task 7. The BRTR will include the methodology, results of the survey, site photographs, and a map depicting the location of any special -status species detections.

Task 4 Assumptions
■ For special -status plant surveys, 40 acres of habitat can be surveyed by a single biologist in 1 day. ■ Approximately 1,136 acres of suitable habitat for special -status plants will be surveyed for the first pass, for a total of 28 person -days for the first pass. It is assumed that less suitable habitat will be present for the second pass species and that 25% of the site (284 acres) will be surveyed for the second pass, with a total of 8 person -days for the second pass. The two passes of 28 person -days and 8 person -days total 36 person -days.
■ Focused special -status plant surveys will be conducted in two survey passes. ■ Reference population checks will be conducted in 1 person -day per survey pass for 2 person -days total.

Task 4 Deliverables
■ Results of the rare plant survey will be incorporated directly within the BRTR (Task 7).

Costfor Task 4.................................................................................................................................................. $99,437.00 D U D E K MARCH 2O22
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To: Benjamin Matlock
Subject: Proposal for Biological Services for the Wine Country Specific Plan Project, City of Yucaipa, San Bernardino County, California
Based on a review of public vegetation data and aerial imagery, the project site contains potential habitat for coastal California gnatcatcher (Polioptila californica californica). Therefore, protocol -level focused surveys are recommended. Habitats determined to be potentially suitable as nesting habitat for these species (as determined under Task 1) and within 500 feet where legally accessible, will be surveyed. We have assumed for this scope and cost that portions the project (approximately 450 acres) will be subject to protocol -level surveys. The surveys will be conducted during the breeding season for the species according to the currently accepted protocol of the USFWS Coastal California Gnatcatcher Presence/Absence Survey Protocol (USFWS 1997).

For the coastal California gnatcatcher, breeding season surveys can be conducted between March 15 and June 30; a total of 6 surveys conducted 1 week apart are required. Theflrstcoastal California gnatcatcher survey needsto be conducted by May26.- A survey of all suitable habitat (450 acres) would require 6 total surveys, conducted by 6 permitted biologist per survey pass. Six survey passes would total to 36 person -days. In accordance with permit requirements, a 10-day pre -survey notification letter and a 45-day post -survey report is required to be submitted to USFWS. The BRTR (Task 7) will include the methodology, results of the survey, site photographs, and a map depicting the location of all coastal California gnatcatcher observed.

Task 5 Assumptions
■ According to the survey protocol, a permitted biologist may only survey up to 80 acres per day. It is assumed that there are approximately 450 acres of suitable coastal California gnatcatcher habitat present and can be surveyed in 6 person -days. Six survey passes will be covered in 36 person -days.
■ Dudek will provide our proposed survey area to the City, and City personnel will identify access restrictions or notification requirements. City personnel will notify property owners or tenants, if necessary.

Task 5 Deliverables
■ Collected spatial data will be processed by Dudek and provided as a digital shapefile. ■ Results of the surveys will be included in the in the 45-day survey report and BRTR (Task 7).

Costfor Task 5..................................................................................................................................................$84,038.00 Based on a review of public vegetation data and aerial imagery, the area contains habitat potentially suitable for San Bernardino kangaroo rat (Dipodomys merriami parvus) and Stephens' kangaroo rat (Dipodomys stephensi).

Therefore, a focused habitat assessment is recommended. Dudek permitted biologists with expertise in surveying for San Bernardino kangaroo rat and Stephens' kangaroo rat will conduct a focused habitat assessment within potential habitat (approximately 940 acres) of project site. If suitable habitat for either of these species is detected, focused trapping would be required, a scope and cost for which can be provided under separate cover.

The BRTR (Task 7) will include the methodology, results of the survey, site photographs, and a map depicting the location of any suitable habitat for San Bernardino kangaroo rat and Stephens' kangaroo rat.

D U D E K MARCH 2O22

To: Benjamin Matlock
Subject: Proposal for Biological Services for the Wine Country Specific Plan Project, City of Yucaipa, San Bernardino County, California
Task 6 Assumptions
■ It is assumed that the remaining habitat assessment can be conducted in 3 person -days. ■ Dudek will provide our proposed survey area to the City, and City personnel will identify access restrictions or notification requirements. City personnel will notify property owners or tenants, if necessary.

Task 6 Deliverables
■ Results of the surveys will be included in the BRTR (Task 7).

Costfor Task 6.................................................................................................................................................. $14,211.00 The results of the biological survey will be summarized in a BRTR. The BRTR will incorporate the results of the field survey and any focused surveys, if determined necessary, including a discussion of the survey methodology, limitations, and results. Vegetation communities and special -status biological resources will be described in terms of their regional significance and presence on site, including an estimate of observed special -status species' population size and condition. Special -status biological resources observed during the survey or deemed to have potential to occur on site to the degree that they may constrain the project will be addressed in the report.

Following receipt of the final project construction footprint (in CADD or GIS shapefiles), the report will also include an on -site and off -site impacts analysis in accordance with the California Environmental Quality Act and other applicable federal, state, and county laws. Dudek will recommend specific avoidance, minimization, and mitigation measures for impacts identified that reduce impacts to a level below significance, if possible. Graphics will be prepared to illustrate the location of the site, the existing biological conditions, and the proposed project impacts relative to the existing project design.

Task 7 Deliverables
■ Electronic delivery of the Draft BRTR for review by the City. ■ Electronic delivery of the Final BRTR for review by the City.

Costfor Task 7.................................................................................................................................................. $27,380.00 Dudek will conduct as -needed project management, including meeting weekly internally to discuss schedule, invoicing, and attending meetings with the City.

Task 8 Assumptions
■ 30 weeks of project management will be necessary.
■ 2 hours per week have been budgeted for Megan Enright and Anna Cassady Costfor Task 8.................................................................................................................................................. $24,300.00 TOTALCOST.....................................................................................................................................................$391,519.00 D U D E K MARCH 2O22
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To: Benjamin Matlock
Subject: Proposal for Biological Services for the Wine Country Specific Plan Project, City of Yucaipa, San Bernardino County, California
A summary of costs for the services described above is provided in Table 2.

Table 2. Summary of Costs for Wine Country Specific Plan Task 1: Vegetation Mapping
$29,547.00
Task 2: Jurisdictional Delineation
$34,591.00
Task 3: Protocol Burrowing Owl Surveys
$78,015.00
Task 4: Rare Plant Surveys
$99,437.00
Task 5: California Gnatcatcher Surveys
$84,038.00
Task 6: Small Mammal Habitat Assessment
$14,211.00
Task 7: Biological Resources Technical Report
$27,380.00
Task 8: Project Management
$24,300.00
Total
$391,519.00
Dudek appreciates your review of this proposal and consideration of this project and looks forward to providing these services to you. If agreeable to the preceding scope of work and fee estimate, Dudek can provide a contract for review and signature. Should you have any questions, please do not hesitate to reach me at [email protected] or 760.420.7833.

Sincerely,
Megan [ei right
Principal
DUDEK
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MARCH 2O22 10