Agenda packet — Escondido City Council, February 28, 2024 (part 1 of 5)

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, FEBRUARY 28, 2024
4:00 PM - Closed Session (Parkview Conference Room)
5:00 PM - Regular Session
Escondido City Council Chambers, 201 North Broadway, Escondido, CA 92025

WELCOME TO YOUR CITY COUNCIL MEETING
We welcome your interest and involvement in the legislative process of Escondido. This agenda includes information about topics coming before the City Council and the action recommended by City staff.

MAYOR
Dane White

DEPUTY MAYOR
Christian Garcia (District 3)

COUNCILMEMBERS
Consuelo Martinez (District 1)
Joe Garcia (District 2)
Michael Morasco (District 4)

CITY MANAGER
Sean McGlynn

CITY ATTORNEY
Michael McGuinness

CITY CLERK
Zack Beck

HOW TO WATCH
The City of Escondido provides three ways to watch a City Council meeting:

In Person On TV Online
201 N. Broadway Cox Cable Channel 19 and U-verse Channel 99 www.escondido.org 1 Wednesday, February 28, 2024

HOW TO PARTICIPATE
The City of Escondido provides two ways to communicate with the City Council during a meeting:

In Person In Writing

Fill out Speaker Slip and Submit to City Clerk https://escondido-ca.municodemeetings.com

ASSISTANCE PROVIDED
If you need special assistance to participate in this meeting, please contact our ADA Coordinator at 760-839-4869.

Notification 48 hours prior to the meeting will enable to city to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired – please see the City Clerk.

2 Wednesday, February 28, 2024

CLOSED SESSION
4:00 PM

CALL TO ORDER

1. Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

ORAL COMMUNICATIONS
In addition to speaking during particular agenda items, the public may address the Council on any item which is not on the agenda provided the item is within the subject matter jurisdiction of the City Council. State law prohibits the Council from discussing or taking action on such items, but the matter may be referred to the City Manager/staff or scheduled on a subsequent agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications.

CLOSED SESSION
I. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)

a. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido Police Officers’ Association Sworn Personnel Bargaining Unit b. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido Police Officers’ Association Non-Sworn Personnel Bargaining Unit
c. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido Firefighters’ Association Safety Personnel and Non-safety Personnel Bargaining Unit
d. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido City Employees’ Association Supervisory Bargaining Unit e. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Maintenance and Operations Bargaining Unit and Administrative / Clerical / Engineering Bargaining Unit,
Teamsters Local 911
f. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Police Management Association (Unrecognized) Bargaining Unit

3 Wednesday, February 28, 2024

II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8)

a. Property: 272 Via Rancho Pkwy., Escondido (North County Mall/former Nordstrom) Agency Negotiator: Sean McGlynn, City Manager, or designee Negotiating Parties: Larry Green, L. Green Investment & Development, LLC Under Negotiation: Price and Terms of Potential Ground Lease

III. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code § 54956.9(d)(1))

a. Claim No. CL-5681 (Gabino Gonzalez)

ADJOURNMENT

4 Wednesday, February 28, 2024

REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION
City Council agendas allow an opportunity for a moment of silence and reflection at the beginning of the evening meeting. The City does not participate in t he selection of speakers for this portion of the agenda, and does not endorse or sanction any remarks made by individuals during this time. If you wish to be recognized during this portion of the agenda, please notify the City Clerk in advance.

FLAG SALUTE
The City Council conducts the Pledge of Allegiance at the beginning of every City Council meeting.

CALL TO ORDER
Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

CLOSED SESSION REPORT

CONSENT CALENDAR
Items on the Consent Calendar are not discussed individually and are approved in a single motion. However, Council members always have the option to have an item considered separately, either on their own request or at the request of staff or a member of the public.

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB)

5 Wednesday, February 28, 2024

2. APPROVAL OF WARRANT REGISTER (COUNCIL)
Request approval for City Council and Housing Successor Agency warrant numbers:
 381220 – 381465 dated February 14, 2024
Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: None

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ESCONDIDO AND THE ESCONDIDO FIREFIGHTERS’ ASSOCIATION
Request the City Council adopt Resolution No. 2024-22, approving a one-year Memorandum of Understanding (“MOU”) between the City of Escondido (“City”) and the Escondido Firefighters’ Association (“Association”), commencing January 1, 2024, through December 31, 2024.

Staff Recommendation: Approval (Human Resources Department: Jessica Perpetua, Director of Human Resources)
Presenter: Jessica Perpetua, Director of Human Resources a) Resolution No. 2024-22

CURRENT BUSINESS

6. REVIEW OF CITY DATA REGARDING HOMELESSNESS
Request the City Council receive and file an update on City data regarding homelessness.

Staff Recommendation: Receive and File (City Manager’s Office: Christopher McKinney, Deputy City Manager/Interim Director of Development Services; Police Department: Ed Varso, Chief of Police) Presenters: Christopher McKinney, Deputy City Manager/Interim Director of Development Services and Ed Varso, Chief of Police

7. HOMELESSNESS POLICY STATEMENT
Request the City Council approve the Homelessness Policy Statement created by the Ad-Hoc Subcommittee on Homelessness.

Staff Recommendation: Approval (City Council: Dane White, Mayor and Joe Garcia, Councilmember) Presenters: Dane White, Mayor and Joe Garcia, Councilmember 6 Wednesday, February 28, 2024

8. LAKE WOHLFORD DAM REPLACEMENT PROJECT: CONSULTING AGREEMENTS AND CONTRACTOR

RETENTION RATE
Request the City Council take the following actions: adopt Resolution No. 2024-15, authorizing the Mayor to execute a Consulting Agreement in the amount of $12,896,890 with GEI Consultants, Inc., for construction management services for the Lake Wohlford Dam Replacement Project (“Project”); and adopt Resolution No. 2024-16, authorizing the Mayor to execute a Consulting Agreement in the amount of $256,824 with Golden State Labor Compliance, LLC, for labor compliance monitoring services for the Project; and adopt Resolution No. 2024-17, approving the finding that the construction of the Project will be substantially complex and requires the contractor retention rate on the project to be set at 10%.

Staff Recommendation: Approval (Utilities Department: Angela Morrow, Interim Director of Utilities) Presenter: Angela Morrow, Interim Director of Utilities a) Resolution No. 2024-15
b) Resolution No. 2024-16
c) Resolution No. 2024-17

FUTURE AGENDA

9. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.

Staff Recommendation: None (City Clerk's Office: Zack Beck)

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
CITY MANAGER’S WEEKLY ACTIVITY REPORT
The most cur rent information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development. This report is also available on the City’s website, www.escondido.org.

7 Wednesday, February 28, 2024

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, March 06, 2024 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, March 20, 2024 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers

SUCCESSOR AGENCY
Members of the Escondido City Council also sit as the Successor Agency to the Community Development Commission, Escondido Joint Powers Financing Authority, and the Mobilehome Rent Review Board.

8 Consent Item No. 1 February 28, 2024

A F F I D A V I T S

I T E M

P O S T I N G – NONE

9 Item1.

STAFF REPORT

February 28, 2024
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER (COUNCIL)

DEPARTMENT
Finance

RECOMMENDATION
Request approval for City Council and Housing Successor Agency warrant numbers:
381220 – 381465 dated February 14, 2024
Staff Recommendation: Approval (Finance Department: Christina Holmes) ESSENTIAL SERVICE – Internal requirement per Municipal Code Section 10-49 COUNCIL PRIORITY –

FISCAL ANALYSIS
The total amount of the warrants for the following periods are as follows:

February 8, 2024 - February 14, 2024 is $2,928,524.06
PREVIOUS ACTION – None

BACKGROUND

The Escondido Municipal Code Section 10-49 states that warrants or checks may be issued and paid prior to audit by the City Council, provided the warrants or checks are certified and approved by the Director of Finance as conforming to the current budget. These warrants or checks must then be ratified and approved by the City Council at the next regular Council meeting. 10 Item2.

Consent Item No. 3 February 28, 2024

A P P R O V A L

O F

M I N U T E S

11 Item3.
12 Item4.

STAFF REPORT

February 28, 2024
File Number 0740-30

SUBJECT

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ESCONDIDO AND THE ESCONDIDO FIREFIGHTERS’ ASSOCIATION

DEPARTMENT
Human Resources Department

RECOMMENDATION
Request the City Council adopt Resolution No. 202 4-22, approving a one -year Memorandum of Understanding (“MOU”) between the City of Escondido (“City”) and the Escondido Firefighters’ Association (“Association”), commencing January 1, 2024, through December 31, 2024.

Staff Recommendation: Approval (Human Resources: Jessica Perpetua, Director of Human Resources) Presenter: Jessica Perpetua, Director of Human Resources a) Resolution No. 2024-22
ESSENTIAL SERVICE – Yes, Internal requirement in support of Fire Services.

COUNCIL PRIORITY – Improve Public Safety

FISCAL ANALYSIS
There is no fiscal impact to the General Fund. The agreement provides a $2,000 stipend to eligible employees funded by the Premium Pay provision of the American Rescue Plan Act (“ARPA”).

PREVIOUS ACTION
On December 7, 2022, City Council voted to adopt the MOU between the Association and the City of Escondido, for a one-year term that expired on December 31, 2023.

BACKGROUND
The City Council provided policy and negotiating authority to the City Manager in closed session.

Thereafter, both City staff and Association representatives met quickly and efficiently to reach terms of an agreement. Both parties understand the importance of maintaining good labor relationships to serve the community.

13 Item5.

The one-year MOU includes a $2,000 one-time stipend to eligible employees. To be eligible, an employee must be currently employed by the City and have worked for the City between March 2020, and April 10, 2023. The MOU also includes several administrative changes.

Members of the Association voted in support of the terms and conditions of this agreement. Likewise, City staff recommends approval.

RESOLUTIONS
a. Resolution No. 2024-22
b. Resolution No. 2024-22 – Exhibit “ A” MOU between the City of Escondido and the Escondido Firefighters’ Association

14 Item5.

RESOLUTION NO. 2024-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING A ONE -YEAR

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF ESCONDIDO AND THE ESCONDIDO
FIREFIGHTERS’ ASSOCIATION

WHEREAS, on December 7, 2022, the Escondido City Council adopted Resolution No. 20 22-185, to complete a Memorandum of Understanding between City of Escondido (“City”) and the Escondido Firefighters’ Association (“Association”) for the period of January 1, 202 3 and December 31, 202 3 (“MOU”); and
WHEREAS, negotiating teams from the City and the Association have been duly appointed and have met and conferred in good faith to address matters affecting both parties including wages, hours, and other terms and conditions of employment; and
WHEREAS, the City and the Association agree the MOU promotes the continuation of the harmonious relationship between the City and the Association and at this time a one-year MOU is in the best interest of the City and the Association; and
WHEREAS, this City Council desires at this time and deems it to be in the best public interest to approve a one-year MOU.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:

1. That the above recitations are true.

2. That to implement the changes as provided in Resolution No. 2024-22 Exhibit “A”, and is incorporated herein.
15 Item5.

3. That the City Council authorizes the City’s negotiating team to execute the one-year MOU with a new term from January 1, 2024, through December 31, 2024.

16 Item5.

MEMORANDUM OF UNDERSTANDING

BETWEEN REPRESENTATIVES OF THE
ESCONDIDO FIREFIGHTERS’ ASSOCIATION
&

THE CITY OF ESCONDIDO
JANUARY 1, 2024 – DECEMBER 31, 2024
Approved by Escondido City Council
on
February 28, 2024
Resolution No. 2024-22
Exhibit "A"

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17 Item5.

i
Table of Contents

ARTICLE I Employer – Employee Relations ................................................................ 1

1.0 General Provisions .................................................................................... 1

1.1 Ratification and Term ................................................................................. 1

1.2 – 1.7 Reserved ............................................................................................... 1

1.8 Management Rights ................................................................................... 2

1.9 Employee Rights ........................................................................................ 2

1.10 New Employee Orientation ........................................................................ 2

1.11 Jurisdictional Disputes ............................................................................... 3

1.12 – 1.16 Reserved .......................................................................................... 3

1.17 Fair Labor Standards Act ........................................................................... 3

1.18 Reserved ................................................................................................... 3

1. 19 Association Time ....................................................................................... 4

1.20 Reserved ................................................................................................... 4

1.21 Grievance Procedures ............................................................................... 4

1.22 – 1.23 Reserved ........................................................................................ 11

1.24 Americans With Disabilities Act (ADA) ..................................................... 11

1.25 – 1.26 Reserved ........................................................................................ 11

1.27 Other Terms ............................................................................................. 11 ARTICLE II Terms and Conditions of Employment ..................................................... 12

2.1 Attendance ............................................................................................... 12

2.2 Work Schedule ........................................................................................ 12

2.3 Workweek ................................................................................................ 12

2.4 Constant Staffing ..................................................................................... 12

2.5 – 2.6 Reserved ............................................................................................ 13

2.7 Overtime .................................................................................................. 13

2.8 Compensatory Time-Off ........................................................................... 13

2.9 – 2.10 Reserved .......................................................................................... 13

2.11 Probationary Period ................................................................................. 13

2.12 Reserved ................................................................................................. 14

2.13 Employee Helmet Purchase & Maintenance Option ................................ 14 Resolution No. 2024-22
Exhibit "A"

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18 Item5.
ii

2.14 Safety Equipment .................................................................................... 14

2.15 Reserved ................................................................................................. 14

2.16 Disciplinary Procedures ........................................................................... 14

2.17 Cellular Phone Callback Program ............................................................ 16

2.18 Reserved ................................................................................................. 16

2.19 Peoplesoft Transition ............................................................................... 17

2.20 Station Habitation .................................................................................... 17

2.21 Strike Team Operations ........................................................................... 18 ARTICLE III Benefits .................................................................................................... 19

3.1 Retirement Plan ....................................................................................... 19

3.2 CalPERS Contracted Benefits for All ....................................................... 20

3.2.1 Additional CalPERS Contracted Benefits for All Local Safety Members ....................................................................................... 20

3.3 Specific CalPERS Contracted Benefits for Fire Classic Member – Tier I (3% @ 50) ..................................................................... 20

3.4 Specific CalPERS Contracted Benefits for Fire Classic Member – Tier II (2% @ 50) .................................................................... 20

3.5 Specific CalPERS Contracted Benefits for Fire New Member (PEPRA) – Tier III (2.7% @ 57) ............................................................... 21

3.5.1 Specific CalPERS Contracted Benefits for local miscellaneous (Non-safety Personnel) New Member – Tier III (2% @ 62)...................... 21

3.6 – 3.7 Reserved ............................................................................................ 22

3.8 Vacations ................................................................................................. 22

3.9 Maximum Vacation Leave Accrual ........................................................... 23

3.10 Reserved ................................................................................................. 23

3.11 Sick Leave ............................................................................................... 23

3.12 Family Leave ........................................................................................... 25

3.13 Child-Related Activities Leave ................................................................. 25

3.14 Bereavement Leave ................................................................................. 25

3.15 Military Leave ........................................................................................... 25

3.16 Military/Family Medical Leave Act Leave ................................................. 26

3.17 Jury And Witness Leave .......................................................................... 26

3.18 Leaves Of Absence ................................................................................. 26

Resolution No. 2024-22
Exhibit "A"

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19 Item5.
iii

3.19 Maternity/Paternity Family Medical Leave Act/California Family Rights Act Leave .......................................................................... 27

3.20 – 3.22 Reserved ........................................................................................ 28

3.23 Health Insurance Benefits ........................................................................ 28

3.24 Dental Plan .............................................................................................. 29

3.25 Life Insurance .......................................................................................... 30

3.26 Workers' Compensation ........................................................................... 30

3.27 – 3.28 Reserved ........................................................................................ 30

3.29 Tuition Reimbursement ............................................................................ 30

3.31 Reimbursement Account .......................................................................... 32

3.32 401(k) Plan .............................................................................................. 32

3.33 Retirement Medical Trust ........................................................................ 32 ARTICLE IV Compensation .......................................................................................... 34

4.1 Base Pay ................................................................................................. 34

4.2 Pay Steps ................................................................................................ 34

4.3 – 4.4 Reserved ............................................................................................ 35

4.5 Pensionable Compensation ..................................................................... 35

4.5.1 Incentive Pay ........................................................................................... 36

4.5.2 Education Pay ......................................................................................... 36

4.5.3 Reserved ................................................................................................. 39

4.5.4 Special Assignment Pay .......................................................................... 39

4.5.5 Statutory Items – Classic Members ......................................................... 40

4.6 Non-Pensionalble Compensation ............................................................ 41

4.6.1 – 4.6.5 Reserved ...................................................................................... 41

4.6.6 Non-Pensionable Compensation PEPRA Uniform Allowance ................. 41

4.6.7 Out-of-Class Pay ..................................................................................... 42

4.6.8 One Time Stipend .................................................................................... 42 EXHIBIT "A" SALARY RANGES JANUARY 2024 ........................................................ 43 EXHIBIT "B1" SAFETY FIRE 2024 BENEFIT SUMMARY ........................................... 44 EXHIBIT "B2" NON-SAFETY FIRE 2024 BENEFIT SUMMARY .................................. 46

Resolution No. 2024-22
Exhibit "A"

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20 Item5.
1 ARTICLE I
Employer – Employee Relations

1.0 General Provisions

1.1 Ratification and Term
a. This memorandum of understanding (hereinafter “MOU”), made and entered into, by and between the designated representative of the City of Escondido (a public agency as defined in Section 3501(c) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California) (hereinafter referred to as the “City”), and the designated representative of the Escondido Firefighters ’ Association (a recognized employee organization as defined by Section 3501(b) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California) (herein referred to as the "Association"). b. It is the purpose of this Memorandum to promote and provide for harmonious relations, cooperation and understanding between the City and the employees covered by this Memorandum. Except as specifically amended by this Memorandum, the City's Personnel Rules and Regulations remain in full force and effect. c. The City recognizes the Association, pursuant to the Employer -Employee Relations Resolution adopted by the City of Escondido on March 19, 1980, and amended in 2008 and 2013 , and in accordance with the procedures therein was formally acknowledged as a recognized Employee Organization for the bargaining unit and comprised of the following classifications but excluding any part-time employees:

Safety Personnel:
• Fire Captain
• Fire Engineer
• Firefighter/Paramedic
• Firefighter

Non-Safety Personnel:
• Paramedic
• Emergency Medical Technician

d. This Memorandum constitutes a statement of the terms and conditions of employment, including salaries, benefits and hours of work commencing January 1, 2024 through and inclusive of December 31, 2024. Salary and benefit modifications are effective on the dates specified.
e. This is the joint recommendation on salaries, benefits, and working conditions of the bargaining representatives of the City and the Association. When ratified by the members of the Association and approved by the Escondido City Council, this document shall be the Memorandum between the City and the Association for the term set forth herein.

1.2 – 1.7 Reserved
Resolution No. 2024-22
Exhibit "A"

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21 Item5.
2 1.8 Management Rights
The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and pr omotion; direct its employees, take disciplinary action for just cause; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

The exercise of such rights shall not preclude employees or their representatives from consulting with management representatives about the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.

1.9 Employee Rights
Employees of the City shall have the right to form, join and partici pate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including but not limited to, wages , hours, and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations . (See Relyea v. Ventura Co. Fire (1992) 2 Cal. App. 4 875). No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by any employee organization because of his/her exercise of these rights. No employee shall be prohibited from exercising his/her right to resign from City employment at any time and nothing in this memorandum shall be construed as to abrogate that right. In addition, employees of the City shall have the right to the redress of grievances and complaints as set forth herein.

1.10 New Employee Orientation
The City will comply with California Government Code sections 3555 -3559 regarding Public Employee Communication. All new hires in a represented bargaining unit shall be informed by Human Resources, at the time of new hire orientation, that a union agreement is in effect for their classification. The employee shall be instructed how to access this MOU. The City and the Association recognize the City has an obligation to provide the Association at least 10 days’ advance notice of a new employee orientation. H owever, the Association will accept notice from the City by email within one working day of the start date of all new hires that fall within the bargaining unit. If the new hire chooses to meet with the Association, the City will provide thirty (30) minutes of release time for both the new hire and the Association Representative to complete an Association orientation.

The release time for the Union orientation will be scheduled after the prescheduled time for the new employee orientation. The City’s Human R esources Department will coordinate the meeting for the Association orientation with the new hire’s department and Association Representative. Also, Human Resources will schedule the Association Resolution No. 2024-22
Exhibit "A"

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22 Item5.
3 orientation at the end of the new hire orientation or no later than the first three (3) days from the new employee’s start date.

1.11 Jurisdictional Disputes
In the event of jurisdictional disputes between competing employee organizations or unit claims, the employees of all units shall continue working under the MOU in force at the time.

1.12 – 1.16 Reserved

1.17 Fair Labor Standards Act
a. The parties agree and understand that, as a result of the United States Supreme Court's decision in Garcia v. San Antonio Transit District, 105 S. Ct. 1005 (1985), the City is required to compensate bargaining unit employees at the rate of time and one-half for overtime in accordance with the Fair Labor Standards Act (hereinafter "FLSA") and the Department of Labor (hereinafter "DOL") regulations, as set forth in 29 CFR Section 553, et seq. The parties agree further that if the City's obligation to compen sate bargaining unit employees for overtime hours in accordance with FLSA, the Garcia decision and the DOL regulations referenced therein, should change during the term of this Memorandum as a result of clarifications of existing regulations or due to the issuance of any further regulations by the DOL, by the enactment of any California or federal statute, or by any further decision of the United States Supreme Court, then the parties shall have the right to demand the subject of wages, hours, and overtime compensation be reopened for negotiations by and between the parties. Such negotiations shall be conducted in a manner consistent with the duty to meet and confer in good faith. b. It is the intent of the parties that the amount of compensation and other benefits set forth in this Memorandum shall be the total amount agreed upon between the parties and to which the employees covered by this Memorandum, shall be entitled during the term of this Memorandum notwithstanding changes in or clarifications to laws pertaining to employee benefits that are a result of implementation of the FLSA. The purpose of such negotiations will be to reach agreement regarding the changes to the provisions of the Memorandum pertaining to wages, hours, and overtime compensation which may be required to give effect to this mutual interest.
c. It is further agreed that in compensating all eligible Safety employees for the premium portion of time worked in excess of fifty-three (53) hours, retroactive to April 15, 1985, the FLSA 7(k) exemption and work period declaration shall also be retroactive ly effective as of April 15, 1985.
d. Overtime for Non-Safety personnel shall be paid after 40 hours worked in a week.

1.18 Reserved
Resolution No. 2024-22
Exhibit "A"

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23 Item5.
4 1. 19 Association Time
a. Association Time Bank : The City recognizes the challenge of the shift work schedule as it impacts the Association’s ability to undertake Association business. Fire Department procedures for the function of the Association Time Bank are shown in AOM 205.00.” The Association and the City agree that the time bank will create no financial cost to the City, nor will the Association gain financially from the contributed time. b. Association Release Time : Designated members of the FFA shall have paid release time for the following activities in the capacity of representing the FFA and/or its membership:
1) Formally meeting and conferring with City representatives on matters within the scope of representation. The City shall release five members of the FFA negotiating team one-half hour prior to the commencement of formal meet -and-confer sessions and permit them to continue preparation for the next session one -half hour following the conclusion of a formal meet -and-confer session. Release time will also be provided for grievance or disciplinary representation as stated above. Release time will include individuals designated by the FFA, and is based on receiving prior approval of the member’s supervisor.
2) Testifying or appearing as the designated representative of the FFA in conferences, hearings, or other proceedings before the Public Employment Relations Board, or agent thereof, in matters relating to a charge filed by the employee organization against the City or by the City against the FFA.
3) Testifying or appearing as the designated representative of the FFA in matters before the Personnel Board of Review.

The Association must provide reasonable notice to the City for the time off.

1.20 Reserved

1.21 Grievance Procedures
a. Grievance Procedure : In the belief that the resolution of grievances is a constructive management action, a grievance procedure is hereby established. Such a procedure will give regular employees assurance that the City recognizes their right to be heard and assist them in achieving job satisfaction. The purpose of this procedure is to provide a just and equitable method for the resolution of grievances or complaints without prejudice, coercion or reprisal.
b. Definitions:
1) A complaint is defined as an allegation or charge against a party that an error or wrong has been committed, and is identified as a complaint when communicated to the supervisor or other appropriate designated representative.

Resolution No. 2024-22
Exhibit "A"

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24 Item5.
5 2) The complaint procedure is defined as the orderly process by which a determination is made as to whether or not a wrong has been committed. 3) A grievance is an expressed claim by an employee that the City has violated, misinterpreted or misapplied an obligation to the employee as such obligation to the employee is expressed and written in the City personnel ordinance, rules and regulations, and administrat ive directives, and is identified as a grievance when communicated to the supervisor or other appropriate designated representative. 4) The grievance procedure is a process by which the validity of a grievance is determined.
5) The term employee includes employees wherever applicable within this procedure.
6) The term days when used in this procedure, shall mean calendar days. 7) A representative is a person who, at the request of the employee or management, is invited to participate in grievance conferences. 8) A general grievance is defined as an expressed written claim by the Association that the City has violated, misinterpreted, or misapplied a provision in the current Memorandum of Understanding which concerns items or procedures relating to the relationship between the City and the Association as a corporate body. 9) The general grievance procedure is the process by which the validity of the grievance is determined.
c. General Provisions:
1) No retribution or prejudice shall be suffered by employees making use of the grievance or complaint procedures, provided, however, no act or behavior which would otherwise subject an employee to discipline shall exclude the employee from discipline simply on the basis that a complaint or grievance is filed pertaining to that act or behavior.
2) The time limits established herein may be extended to a date certain by mutual agreement.
3) If management, at any step of the procedure, fails to respond within the prescribed time limit specified, the employee may process their grievance or complaint at the next step.
4) If the employee, at any step of the procedure, fails to appeal the decision on a grievance or complaint within the prescribed time limit specified, such decision shall be deemed accepted and shall not be subject to further appeal or consideration.

Resolution No. 2024-22
Exhibit "A"

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25 Item5.
6 5) By mutual written agreement, a grievance may revert to a prior level for reconsideration.
6) The employee shall be present at all steps of the grievance or complaint procedure.
7) All communications, notices and papers required to be in writing shall be served personally or by United States Postal Service.
8) Through the grievance process, employees shall be required to meet for informational/investigative meetings that are necessitated by a potential grievance; such meetings will be conducted by a management representative appointed by a Chief Officer.
9) Subsequent to information gathering and fact -finding in a grievance process, employees will not be required to meet with a management representative regarding the specific grievance issue unless that management representative has full authority to resolve the grievance.
10) The employee is assured the right to consult with their supervisor, the department head or their designee, or the Director of Administrative Services , without prejudice, concerning the matter, form, and/or procedure for filing a grievance. d. Representation Rights:
1) The employee has the right to the assistance of a representative of their choice in the investigation, preparation and presentation of a grievance. a) Representation may occur at any stage of the grievance procedure; provided, however, that prior to calling for representation at step one of the procedure the employee shall discuss their grievance with the supervisor. Upon conclusion of the discussion, the employee may request a continuation of the informal grievance process (step one), to a mutually agreeable time within five (5) days, to have the assistance of a representative.
b) If the employee elects another employee as the representative, such representative shall not be released during working hours without the approval of their supervisor.
c) The supervisor shall grant a reasonable amount of time off, provided such would not unreasonably interfere with or delay City work. 2) Grievance conferences (between management and the employee) will normally be conducted during regular working hours at a mutually convenient time. 3) The investigation of a grievance during working hours by employee and their representative, if any, shall be in accordance with the following:

Resolution No. 2024-22
Exhibit "A"

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26 Item5.
7 a) Prior to entering any job site, the representative shall obtain the approval of the job site supervisor.
b) There shall be no solicitation of grievances or employee organization membership.
c) The investigation shall be conducted in a reasonable amount of time and expeditiously with due regard for the work requirements of the City. d) Where the investigation commences prior to the end of the regular workday and continues beyond the close of the regular workday, time spent after the close of the regular workday shall be the employee(s) own time. e) Entry will not be permitted if it would unreasonably interfere with or delay City work.
f) All safety regulations relating to the presence or conduct of persons at the job site shall be complied with.
4) The name of the representative of the employee or management shall be given to the other party not less than forty -eight (48) hours prior to any grievance conference.
e. Complaint Procedure:

Step One:
1) The employee shall inform their supervisor of their complaint within ten (10) days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the complaint. Failure to complete this procedure will bar further consideration of the complaint.
2) The supervisor shall, within five (5) days after receipt of the complaint, have a discussion with the employee concerning the complaint. 3) The supervisor shall, within five (5) days of the discussion, render a verbal decision to the employee.
4) The City, as well as the employee, has the right to process a grievance or complaint to the next step in the grievance procedure.

Step Two:
1) Within five (5) days from receipt of the verbal decision from the supervisor, the employee, if he/she wish es to appeal the decision, shall notify the department head of their intent to appeal the decision. Failure to complete this procedure will bar further consideration of the complaint.

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Exhibit "A"

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27 Item5.
8 2) The department head or their designated representative shall, within five (5) days of the notification as required above, have a discussion with the employee concerning the complaint.
3) The department head or their designated representative shall, within five (5) days of the discussion, render a verbal decision to the employee.

Step Three:
1) Within five (5) days from the receipt of the verbal decision from the department head, the employee, if they wish to appeal the decision, shall notify the City Manager of their intent to appeal the decision. Failure to complete this procedure will bar further consideration of the complaint.
2) The City Manager or his/her designated representative shall, within five (5) days of notification as required above, have a discussion with the employee concerning the complaint.
3) The City Manager or his/her designated representative shall, within five (5) days of the discussion render a verbal decision to the employee.

Nothing in this section shall prohibit more expeditious handling of the complaint. f. Grievance Procedure:

Step One - Informal Grievance:
1) The employee shall inform their supervisor of their grievance within ten (10) days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. Failure to complete this procedure will bar further consideration of the grievance.
2) The supervisor shall, within five (5) days after receipt of the grievance, have a discussion with the employee concerning the grievance. 3) The supervisor shall, within five (5) days of the discussion, render a verbal decision to the employee.
4) The City, as well as the employee, has the right to process a grievance or complaint to the next step in the grievance procedure.

Step Two - Formal Grievance:
1) Within ten (10) days from the receipt of the verbal decision from the supervisor, the employee, if they wish to appeal the decision shall submit a formal written grievance to their supervisor. The grievance shall be submitted on forms provided by the City's Personnel Office and in conformance with the procedure stated thereon. Failure to complete this procedure will bar further consideration of the grievance.

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28 Item5.
9 2) The supervisor shall, within five (5) days of receipt of the grievance, schedule a grievance conference at a mutually agreed time. A representative of the employee and/or management may attend this conference in accordance with Article 7.4 of this procedure.
3) The supervisor shall, within five (5) days of the grievance conference, render a written decision to the employee with a copy of the original grievance. 4) The City, as well as the employee, has the right to process a grievance or complaint to the next step in the grievance procedure.

Step Three - Appeal:
1) Within five (5) days of receipt of the written decision of the supervisor, the employee, if they wish to appeal the decision, shall submit an appeal to the department head. The appeal shall be submitted on forms provided by the City's Personnel Office and in conformance with the procedures stated thereon, and include the supervisor's response, if any. Failure to complete this procedure will bar further consideration of the grievance.
2) The department head or their designee shall, within five (5) days of the receipt of the appeal, schedule a grievance conference at a mutually agreeable time. A representative of the employee and/or management may attend this conference in accordance with Article 7.4 of this procedure.
3) The department head and/or their designee shall, within five (5) days of the grievance conference, render a written decision to the employee with a copy of the appeals documents.

Step Four - Administrative Appeal:
1) Within five (5) days from receipt of the written decision from the department head or their designee, the employee, if they wish to appeal the decision, shall submit an appeal to the City Manager. The appeal shall be submitted on forms provided by the City's Personnel Office and in conformance with the procedures stated thereon and include the original grievance and management's responses, if any. Failure to complete this procedure will bar further consideration of the grievance. 2) The City Manager or his/her designee shall, within seven (7) days of receipt of the appeal, schedule a grievance conference at a mutually agreeable time. A representative of the employee and/or management may attend this conference in accordance with Article 7.4 of this procedure.
3) The City Manager or his/her designee shall, within seven (7) days of the grievance conference, render a written decision to the employee with a copy of all appeal documents.

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29 Item5.
10 4) The City Manager may, at his/her option, render a written decision based on the documents submitted for their review without the grievance conference within the time frame set forth above. If they do so, the employer may discuss this decision with the City Manager at a mutually convenient time, provided they request such meeting within seven (7) days of receipt of the City Manager's decision. 5) The decision of the City Manager shall be final, except where the grievance has resulted from a disciplinary action, in which case the employee may appeal their case to the Personnel Board of Review as set forth by the rules and regulations regarding discipline.

Nothing in this section shall prohibit more expeditious handling of the grievance. g. Organizational Grievances:
1) In order to provide an effective mechanism whereby disagreements between the Association and the City concerning items or procedures relating to the relationship between the City and the Association may be effectively resolved, the following general grievance procedure is hereby established. a) Where the Association has reason to believe that management is not correctly interpreting or applying a relevant provision of the current Memorandum of Understanding, the Association may file a n organizational grievance by requesting in writing that a meeting be held with the authorized representatives of the City who have authority to make effective recommendations for the resolution of the matter. Such written request shall set forth in detail the facts giving rise to the general grievance and shall set forth the proposed resolution sought. Within fifteen (15) days of receipt of the general grievance, the City will schedule a meeting at a mutually agreeable time for the purpose of discussing and attempting to resolve the disagreements. b) Within fifteen (15) days of this meeting, manage ment will submit its decision in writing to the Association.
c) If the Association is not satisfied with the decision, they may submit a request for hearing before the City Council. Such request for hearing must be submitted within fifteen (15) days of receipt of management's decision and shall include in detail the facts giving rise to the general grievance and all supporting documentation necessary for City Council consideration.
d) Management shall calendar on the City Council agenda such request and supporting documentation within thirty (30) days.
e) It shall be the option of the City Council to:
• Refuse to hear the appeal, or make a decision on the
documentation submitted; or,
• Hold a hearing after which they shall make a decision.

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30 Item5.
11 f) The decision of the City Council shall be final.
h. Grievance Documents:

No documents relating to the grievance process shall be filed in the employee's personnel file. However, this shall not apply to any document setting forth a disciplinary action which is not challenged or is sustained after an appeal.

1.22 – 1.23 Reserved

1.24 Americans With Disabilities Act (ADA)
a. Because the Americans with Disabilities Act (hereinafter "ADA") requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual case -by-case basis, the parties agree that the provisions of this agreement may be disregarded in order for the City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.
b. The Bargaining Unit recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The employee's Bargaining Unit will be notified of these proposed accommodations prior to implementation by the City.
c. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the Grievance/Arbitration procedure.
d. Prior to disregarding any provisions of this agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Bargaining Unit with written notice of its intent to disregard the provision, and if requested will allow the Bargaining Unit the opportunity to discuss options to disregarding the agreement.

1.25 – 1.26 Reserved

1.27 Other Terms
Bargaining Unit employees are also covered by the City of Escondido Personnel Rules and Regulations to the extent that said Rules and Regulations are not inconsistent with the terms of this Memorandum. In case of inconsistency between the terms of this Memorandum and the City's Personnel Rules and Regulations, the terms of this Memorandum shall prevail.

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31 Item5.
12 ARTICLE II
Terms and Conditions of Employment

2.1 Attendance
a. Employees shall, except as these rules provide to the contrary, work at least forty (40) hours per week. An employee whose duties require an irregular work schedule shall work according to a schedule recommended by their supervisor and/or Department Head and approved by the City Manager.
b. All employees shall be on duty at the times required by these rules with respect to hours, days of work and leave. However, an employee who is absent without leave and who fails to return to duty within twenty-four (24) hours after receiving written notice to do so, shall be deemed to have resigned from their position. Such employee automatically waives all rights under the Municipal Code and these rules.

2.2 Work Schedule
Shift Schedules:
a. In accord with the United States Department of Labor Regulations relative to the Federal Fair Labor Standards Act (FLSA), the City declares that its Safety fire service employees are qualified and shall be compensated pursuant to a 7(k) exemption and further the work period is designated as follows:
1) The "work period" shall be twenty-four (24) days in length; and 2) The "work schedule" is to be based on a fifty -six (56) hour average workweek.

2.3 Workweek
a. It is agreed that the fifty -six (56) hour average workweek for employees shall not be affected by time off (i.e., sick leave, vacation, disci plinary action, workers' compensation leave, or any other time not actually worked) in calculating premium, overtime, and pay for regular hours or for constant staffing hours. b. Non-Safety Paramedics and Emergency Medical Technicians work twenty -four (24) hour shifts. The work schedule is based on a fifty-six (56) hour average work week, and employees are subject to overtime for hours in excess of 40 hours worked in any work week. No Compensatory Time-Off.

2.4 Constant Staffing
Constant staffing refers to a system of maintaining a fixed number of personnel on duty at all times which requires calling in off-duty employees to fill any vacancies.

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32 Item5.
13 Staffing and decisions regarding hiring and promotions remain the sole responsibility of the City. Opportunities for overtime assignment through the Constant Staffing Plan will remain for employees.

2.5 – 2.6 Reserved

2.7 Overtime
a. All emergency callback overtime of an unscheduled nature will be compensated at the rate of time and one-half based on the hourly rate of pay for the position with two (2) hour minimum. Overtime in excess of two (2) hours shall be computed to the nearest one-half (1/2) hour.
b. All extended shift overtime for employees will be compensated at the rate of time and one-half based on the hourly rate of pay for the position at a minimum of one -half (1/2) hour. Overtime in excess of one -half (1/2) hour shall be computed to the nearest one-half (1/2) hour.

2.8 Compensatory Time-Off
a. At the Safety employee’s option, overtime earned may be compensated by time off at the rate of time and one -half the hours worked. Paramedics and Emergency Medical Technicians may not receive Compensatory Time Off. b. The use of Compensatory Time for time off is subject to the same limitations as non-annual vacation, i.e. non -mandatory filling and shall not be taken in increments of less than 1 hour.
c. Employees filling/working a position created by the use of compensatory time off must take pay for that work period and shall not place the hours into the compensatory time bank.
d. The Compensatory Time balance shall not exceed 80 hours; when the maximum accrual balance is reached, cash payment for overtime will be automatic. e. The entire Compensatory Time balance will be paid off in the last pay date in April each year. Employees with over twenty -five years of service with the City of Escondido Fire Department are not required to receive pay off of accrued Compensatory time.

2.9 – 2.10 Reserved

2.11 Probationary Period
The probationary period for the entry level position for safety and non -safety shall be twelve (12) months; provided, however, at the discretion of the City Manager, this probationary period may be extended for up to an additional six (6) months. Such extension shall be set forth in writing prior to the expiration of the 12-month probationary period, a copy of these extension notices shall be provided to the employee and Director Resolution No. 2024-22
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33 Item5.
14 of Human Resources no later than five (5) days prior to the date of expiration of the probationary period.

2.12 Reserved

2.13 Employee Helmet Purchase & Maintenance Option
a. The City / Fire Department, as stated in AOM 120.00, Escondido Fire Department Protective Clothing and Equipment. “The Escondido Fire Department shall provide each employee with appropriate clothing and protective equipment to provide protection from the hazards of the work environment to which the employee may be exposed. Such protective clothing and equipment shall be suitable for the tasks that the employee is expected to perform.”
b. Association members may choose to purchase, at their own expense, a NFPA 1971 compliant leather structural firefighting helmet. An Association member who purchases their own leather helmet must purchase a Phenix TL2 or Cairns N5A/N6A. c. Association members who choose to purchase a personal leather helmet assume sole liability for the maintenance and repair of their personal helmet. Association members assume the risk of any damage to their personal leather helmet and understand the Ci ty has no liability for any loss, damage, or destruction sustained to a personal leather helmet.
d. Association members who choose to purchase one of two leather helmet options must also adhere to the Escondido Fire Department standards outlined in AOM 120.00 as it relates to uniform appearance.

2.14 Safety Equipment
a. In addition to the uniform allowance provided herein, the City agrees to provide all safety equipment required by the City, as outlined in the Fire Department’s Administrative Operation Manual (AOM) 120.01.
b. The City and the Association agree to the implementation of policy language regarding safety glasses for employees requiring corrective eye protection.

2.15 Reserved

2.16 Disciplinary Procedures
a. It is agreed that the City and the Association will meet and confer on disciplinary procedures for Safety and Non-Safety Personnel. Paramedics and Emergency Medical Technicians are not subject to the Firefighters Procedural Bill of Rights Act or these procedures. This article shall not limit the rights of the City Council. b. Notwithstanding our commitment to meet and confer on disciplinary procedures, it is agreed that the Association will support a decision by the City Council to exclude itself Resolution No. 2024-22
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34 Item5.
15 from the disciplinary review process or add to the present review process the option of declining to hear an appeal.
c. The following shall be subject to meet and confer during a re-opener. The adoption of Assembly Bill 220 and Government Code Section 3250 et. seq. effective January 1, 2008, mandates modification to applicable City ordinances in order to result in compliance with Government Code Section 3254.5 in particular. Therefore, and subject to implementation of these disciplinary -related MOU provisions pursuant to appropriate Council action, the parties agree as follows:
1) DISCIPLINARY SANCTIONS NOT INVOLVING DISCHARGE, DEMOTION OR SUSPENSION FOR MORE THAN FIVE (5) SHIFTS/DAYS, AND/OR REDUCTION IN PAY CAUSED BY LOSS OF ASSIGNMENT, SPECIALTY PAY.
a) Pursuant to Government Code Section 11445.20, the City shall use an informal hearing procedure in those situations where a disciplinary sanction against an employee does not involve discharge, demotion, suspension for more than five (5) shifts/days and/or in reduction in pay caused by loss of assignment/specialty pay. Section 11445.20 is specifically incorporated into Sections 11500 et. seq. (see Section 11501(c) above.)
b) Accordingly, Sections 11400 et. seq. is incorporated into this MOU, with specific reference being made to Section 11445.40, which provides the basis for an informal hearing in matters subject to Sections 11400 et. seq. c) In an informal hearing, the Fire Chief or designee shall be the presiding officer. The Fire Chief or designee shall conduct the informal hearing in accord with the procedural guidelines set forth in Sections 11445.40 -11445.60. The determination of the Fire Chief shall be final and binding. 2) DISCIPLINARY SANCTIONS INVOLVING DISCHARGE, DEMOTION OR SUSPENSION FOR MORE THAN FIVE (5) SHIFTS/DAYS, OR A REDUCTION IN PAY NOT CAUSED BY LOSS OF ASSIGNMENT/SPECIALTY PAY.
a) In those instances, where the procedures in Sections 11400 et. seq. is inapplicable to an administrative appeal; the administrative appeal shall be conducted in procedural compliance with Sections 11500 et. seq. Pursuant to Section 11512, the City has det ermined that in those instances that shall be presided over by an administrative law judge, with the administrative law judge (“ALJ”) presiding at the hearing pursuant to Section 11512(b)
b) Appeals shall be in writing, signed by the employee, and filed with the Director of Human Resources within 10 working days from receipt of final action. The hearing shall be held within 30 calendar days after receipt of the appeal letter. The appealing e mployee may appear personally and represent himself/herself or be represented by another of the employee’s choosing.

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35 Item5.
16 c) During the examination of witnesses, all other witnesses, except the parties, shall be excluded from the hearing, unless the Administrative Law Judge, in its discretion and for good cause, otherwise directs.
d) No photography, still or motion, or voice recordings shall be taken during the hearing.
e) The ALJ, prior to or during a hearing, may grant a continuance for any reason deemed to be important to the manager or designee in reaching a fair and proper decision.
f) The ALJ shall give all parties to the action a reasonable opportunity to be heard on relevant issues. The Fire department’s representative shall first present an opening statement and oral and/or documentary evidence in support of the department's position. The affected employee may present oral or documentary evidence and may cross -examine any witness called by the department. The employee or their representative may make an opening statement on the employee's behalf. The department's representative ma y cross -examine any witness called by the employee.

Both the department and the employee may present rebuttal evidence. The department may then make a closing statement, followed by the employee's closing statement. g) The ALJ or designee shall not be bound by technical rules of evidence.

3. FINDINGS AND DECISIONS. The ALJ shall, within 30 calendar days after the conclusion of the hearing, render a decision to be prepared in writing. The ALJ shall determine whether the action of the Fire Chief is supported by the evidence. The decision of the ALJ shall be subject to City Council review.

2.17 Cellular Phone Callback Program
a. The Cellular Phone Callback Program establishes a procedure for recalling off - duty employees back to quarters. When directed by the Fire Chief to implement the procedure, Association members participating in the Callback Program will be compensated one hundred dollars ($100.00) per shift. Any callback to duty will result in time and one -half overtime compensation. Association members responding as participants in this callback procedure will be eligible for two (2) hour minimum callback if called to duty.
b. The City agrees to waive the Association's responsibility for maintaining an off - duty/available personnel list.
c. The City reserves the right to utilize the Cellular Phone Callback Program on an as needed basis.

2.18 Reserved
Resolution No. 2024-22
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36 Item5.
17 2.19 Peoplesoft Transition
a. The City intends to replace its legacy payroll system during the term of this MOU in order to comply with federal and state legal obligations. b. The City and Association recognize that many aspects of current payroll practice and procedures will be updated as the City attempts to simplify payroll practices to ensure compliance with federal and state laws and this MOU. As the transition occurs, t he City will make every effort to ensure that potential changes to any payroll procedures will not have a negative impact on employee compensation, and the City reserves the right to make de minimis increases in compensation provided in this MOU as appropr iate to ensure the smooth and efficient transition to a modern payroll system. c. A workweek may begin on any day of the week and at any hour of the day established by the City. Generally, for purposes of minimum wage and overtime calculations, each workweek stands alone. As the City transitions away from Peoplesoft, the City will strive to acquire a payroll system capable of this task. d. The City will implement any agreed upon changes into our current system as we have always done, but will minimize any changes to internal process or procedures until implementation of a new payroll system. During the design and implementation of a new payroll system, the City will strive to follow the same payroll procedures for the same types of pay across bargaining units. For example, although bilingual pay amounts will likely vary across bargaining units, the processes and procedures to calculate bil ingual pay should be the same. Bilingual pay is pensionable compensation, taxable, included in the MOU rate of pay, and included overtime compensation. If a change in compensation occurs as a result of the implementation of a new payroll system. The City w ill meet and confer to discuss options to maintain compensation at an appropriate level. e. The City will offer to meet and confer whenever the City learns that implementation of a new payroll system may impact the terms and conditions of employment. f. The City Manager is authorized to make administrative pay adjustments to ensure the pay authorized by this MOU does not decrease as a result of any change in payroll processes or procedures that result from the preparation or implementation of Workday. g. In support to the City’s efforts to procure a replacement to its current payroll, finance, and benefits management software, PeopleSoft, and to align its labor relations regulations, personnel rules and memorandums of understanding, the City may, by giving seven (7) calendar days’ notice, shall have the right to reopen this MOU to negotiate and terms and conditions of employment.

2.20 Station Habitation
It is the City's intent to respect each Station as the employees' home and we are committed to provide proper repairs and, at a minimum, adequate, sanitary cooking and security conditions.

Resolution No. 2024-22
Exhibit "A"

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37 Item5.
18 2.21 Strike Team Operations
While assigned to a California Fire Assistance Agreement (CFAA), Master Mutual Aid (MMA), or Incident Management Team (IMT) deployment on an out -of-area fire, Escondido Fire Department Personnel will be housed in appropriate climate -controlled facilities, which may include hotel rooms when reasonably available.

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Exhibit "A"

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38 Item5.
19 ARTICLE III
Benefits

3.1 Retirement Plan
a. All Employees are covered by the State of California Public Employees' Retirement System (CalPERS) program pursuant to an existing contract, as amended, between the City of Escondido and CalPERS. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement.
b. After passage of the California Public Employees’ Pension Reform Act of 2013 (PEPRA), and subsequent implementation regulations, CalPERS provides separate benefits, rules and regulations for “Classic” and “New Members.” Classic members are those members who entered into membership with a retire ment system on or before December 31, 2012, and who do not meet the definition of “new” member in Section 7522.04(f). A new member means any of the following:
1) An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date;
2) An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Govt. Code section 7522.02;
3) An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer.
c. The City provides two tiers of retirement benefits for Classic members and a third tier for New Members.
d. The City no longer pays or reports the value of Employer Paid Member Contributions (EPMC) for any employee.
e. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the employee deductions pre-tax contributions. f. “Normal retirement age” shall mean age 50 (Classic) and age 57 (New Members) for local safety members and age 60 for (Classic) and age 62 (New Members) for local miscellaneous members.
g. If the City hire any Paramedics or Emergency Medic al Technicians who would qualify for Tier I or Tier II CalPERS benefits, then they would receive those benefits in accordance with state public employee retirement law and the City contract with CalPERS.

Resolution No. 2024-22
Exhibit "A"

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39 Item5.
20 3.2 CalPERS Contracted Benefits for All
a. The City has contracted with CalPERS for the following benefits for all Employees (Sections refer to the Cal. Govt. Code):
1) Section 21574 Fourth Level of 1959 Survivors' Benefit. 2) Reserved.
3) Section 20965 (Credit for Unused Sick Leave).
4) Section 21024 Military Service Credit as Public Service 5) Section 21548 (Pre-Retirement Option 2W Death Benefit).

3.2.1 Additional CalPERS Contracted Benefits for All Local Safety Members a. The City has contracted with CalPERS for the following benefits for local safety members:
1) Cal. Govt. Code Sections 21624 and 21626 (Post Retirement Survivor Allowance).

3.3 Specific CalPERS Contracted Benefits for Fire Classic Member – Tier I (3% @ 50)
a. In addition to the standard benefits listed in Section 3.2, Classic Member Employees shall receive the following retirement benefits in accordance with California Public Employees’ Retirement law (Cal. Govt Code Section 20000 et seq.) and the City of Escondido’s contract with CalPERS:
1) 3% at Age 50 Benefit Formula
2) Classic Members in Tier I shall contribute 12% (9% of member contribution and 3% as an additional contribution of the City’s cost share) of their CalPERS reported contributions to their CalPERS retirement plan in accordance with Cal.

Govt. Code Section 20516. The contributions will be on a pre-tax basis. 3) Cal. Govt. Code Section 20042 benefit, One -Year Final Compensation, benefit.

3.4 Specific CalPERS Contracted Benefits for Fire Classic Member – Tier II (2% @ 50)
a. Effective December 23, 2012, the City implemented a second -tier retirement for newly hired Employees who meet the definition of Classic Members under the Public Employee Pension Reform Act (PEPRA). The following benefits apply:

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40 Item5.
21 1) The City will provide 2% at age 50 retirement benefit formula, Cal. Govt.

Code section 21362.
2) Cost Sharing: Fire Classic Members with Tier II benefits shall contribute 12% (9% of member contribution and 3% as an additional contribution of the City’s cost share) of their CalPERS reported contributions to their CalPERS retirement plan in accordance with Cal. Govt. Code Section 20516. The contributions will be on a pre -tax basis.
3) Final compensation used to calculate the retirement benefit shall be based on average compensation earnable by a member during any consecutive 36 -month period of employment and in accordance with Cal. Govt. Code Section 20037.

3.5 Specific CalPERS Contracted Benefits for Fire New Member (PEPRA) – Tier III (2.7% @ 57)
a. Effective January 1, 2013, and in accordance with the Public Employees’ Pension Reform Act (PEPRA ), the City implemented a new benefit formula and contribution requirements for employees hired on or after January 1, 2013, and who meet the definition of a New Member under PEPRA. The following benefits apply:
1) The City will provide the CalPERS 2. 7% at age 57 retirement benefit program.
2) : Fire New Members with Tier III benefits shall contribute fifty percent of the total normal cost rate, currently 14%, of their CalPERS reported contributions to their CalPERS retirement plan. The contributions will be on a pre-tax basis. 3) Final compensation used to calculate the retirement benefit shall be based on average compensation earnable by a member during any consecutive 36 -month period of employment and in accordance with Cal. Govt. Code Section 20037.

3.5.1 Specific CalPERS Contracted Benefits for local miscellaneous (Non-safety Personnel) New Member – Tier III (2% @ 62)
a. Effective January 1, 2013, and in accordance with the Public Employees’ Pension Reform Act (PEPRA), the City implemented a new benefit formula and contribution requirements for employees hired on or after January 1, 2013, and who meet the definition of a New Member under PEPRA. The following benefits apply:
1) The City will provide the CalPERS 2% at age 62 retirement benefit program. 2) Employee Contribution Rate: New Members with Tier III benefits shall contribute fifty percent of their total normal cost rate, currently 7.75%, of their CalPERS reported contributions to their CalPERS retirement plan . The contributions will be on a pre-tax basis.

Resolution No. 2024-22
Exhibit "A"

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41 Item5.
22 3) Final compensation used to calculate the retirement benefit shall be based on average compensation earnable by a member during any consecutive 36 -month period of employment and in accordance with Cal. Govt. Code Section 20037. 4) All other provisions in accordance with AB 340 shall apply.

3.6 – 3.7 Reserved

3.8 Vacation
a. Each eligible employee shall accumulate annual vacation prorated from the date of hire at the rate set forth as follows:

The first 5 years of service inclusive = 4.62 hours a pay period for 26 pay periods. (5.00 shifts)
6-10 years of service inclusive = 6.46 hours a pay period for 26 pay periods. (7.00 shifts)
11-15 years of service inclusive = 8.31 hours a pay period for 26 pay periods. (9.00 shifts)
16+ years of service inclusive = 10.15 hours a pay period for 26 pay periods. (11.00 shifts)
For Fire Safety Personnel Only:

The beginning of the 21st year & over=

12.00 hours a pay period for 26 pay
periods (13.00 shifts)
b. The City will maintain current vacation and sick leave accrual rates, provided above, until implementation of Workday. Upon Workday implementation employees shall accrue vacation leave as follows:

Years of Service Annual Accrual Rate
First 5 years of service 120 hours (5.00 shifts)
5 to 10 years of service 168 hours (7.00 shifts)
10 to 15 years of service 216 hours (9.00 shifts)
15 plus years of service 264 hours (11.00 shifts)
Fire Safety after 20 years of service 312 hours (13.00 shifts) c. Vacation Periods: Employees may use vacation hours that have been accrued and reflected on their pay statements with approval from their supervisor. Vacation may never be used in units of one (1) hour for all employees.

Resolution No. 2024-22
Exhibit "A"

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42 Item5.
23 d. Employees will continue to receive four (4) hours of float holiday pay until the four (4) hours are added to the vacation accrual upon Workday implementation.

3.9 Maximum Vacation Leave Accrual
a. An Employee may not accrue more than leave eligible to earn in thirty months (annual accrual rate x 2.5 = maximum leave accrued). When an Association member reaches the maximum leave accrued, vacation leave accrual shall cease until the employees leave balance falls below the maximum allowed to be accrued.

Years of Service Maximum Accrual
First 5 years of service 300 hours
5 to 10 years of service 420 hours
10 to 15 years of service 540 hours
15 plus years of service 660 hours
Fire Safety after 20 years of service 780 hours
b. No legal holiday that falls during the employee’s vacation may be charged against the employee as vacation, and the leave shall be extended accordingly. c. Employees who terminate shall be paid in a lump sum for all allowable accrued vacation leave earned prior to the effective date of termination. d. Allowable, accrued terminal vacation pay shall be computed on a prorated basis, taking into account the number of hours worked in the last pay period of employment. e. Vacation Buy-Back: Towards a goal of reducing overtime costs, employees have the option to sell the equivalent of one -year's earned vacation accrual back to the City during the month of April each year at straight-time value. Payment will be made on the last paycheck in April. The employee shall retain a minimum of one -half year's vacation accrual on the books at the time of the sale.

3.10 Reserved

3.11 Sick Leave
a. Sick Leave – Personal Use : Sick leave with pay shall be granted to all probationary, regular part-time, and regular employees within the personnel system. Sick leave shall not be considered as a right which an employee may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness or disability. 1) In order to receive compensation while absent on sick leave, the employee shall notify their immediate superior or the designated Fire Department point of contact prior to the time set for beginning their daily duties, or as may be specified by the Fire Chief.

Resolution No. 2024-22
Exhibit "A"

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43 Item5.
24 2) In the event that an employee has applied for sick leave use for two (2) or more consecu tive scheduled shifts, the City may require a physician's certification validating an employee’s time away from work and/or any limitations. The Fire Chief may, however, require such certification or evidence the City deems necessary regarding sick leave use at any time. In no case shall the City require a physician’s certification as stipulated under the Kin Care Leave Law.
3) "Evidence" as used in the prior sentence includes, but is not limited to:
a) A prognosis from the treating physician as to the expected conva - lescent period, if any;
b) Specific physical restrictions, if any, which bear on the employee's ability to perform his/her usual and customary duties or modified work assignments; c) A second opinion on the employee's condition from a physician or physicians of the City's choice (and at City expense) based on independent medical evaluation(s) and/or review of the employee's physician's report. b. Sick Leave – Accrual Rate: Sick leave shall be earned prorated from the date of hire at a proportionate accrual rate for each calendar month of service and is earned also while on sick leave. This accrual rate is based on the proportion that the typical firefighter's workweek bears to the standard 40-hour workweek. Unused sick leave shall be accumulated indefinitely. Sick leave accrual rates shall be as follows:
1) Fire Safety and Non-Safety Personnel: 5.54 hours per pay period for 26 pay periods (6.00 shifts)
2) Upon implementation of Workday, the annual sick leave accrual rate will be 144 hours per year (6 shifts)
(Note: The City will abide by, and in no case provide less sick leave than which is set forth in AB 1522, Healthy Workplace, Healthy Families Act (California Paid Sick Leave Act).
c. Sick Leave – Termination: Employees who terminate for any reason, including retirement, shall not receive cash payment for accrued sick leave. All eligibility for sick leave with pay shall be cancelled upon separation of the employee from the City service, provided that if such separation is by layoff, this accumulated eligibility may be restored to the employee in whole or in part by the City Manager upon reemployment. d. Sick Leave – During Authorized Vacation : Employees who are on authorized vacation and become ill, or otherwise disabled through accident, not as a result of vicious habits or intemperance, may charge such sickness or disablement to credited sick leave, provided a doctor's certificate is presen ted to the Director of Administrative Services, indicating the total number of days to be so charged.

Resolution No. 2024-22
Exhibit "A"

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44 Item5.
25 e. Sick Leave Conversion: Sick leave accrual may be convertible on the basis that any unused sick leave in any given year may be converted to vacation on a ratio of two (2) sick hours for one (1) vacation hour. Vacation converted from sick leave shall be subject to the same maximum accrual limitations as regular vacation accrual.

3.12 Family Leave
a. Effective January 1, 2016, the Kin Care Leave Law (Labor Code Section 233) was modified per SB 579. Per the Kin Care Leave Law and the City of Escondido, employees may now use up to one year of their sick leave accruals each calendar year for the following purposes:
• The diagnosis, care, or treatment of an existing health condition of, or preventative care for, the employee’s family member.
• The diagnosis, care, or treatment of an existing health condition of, or preventative care for, the employee.
• An employee who is a victim of domestic violence, sexual assault, or stalking. b. Consistent with Federal and/or State Law, the City will provide Domestic Partner benefits.

3.13 Child-Related Activities Leave
Employees can take up to 40 hours per calendar year (up to 8 hours per month) for child- related activities per Labor Code Section 230.8. Employees must use their available vacation, compensatory time, or holiday leave accruals and provide reasonable notice to their supervisor for the need of such leave.

3.14 Bereavement Leave
Employees may use up to one year of their sick leave accruals each calendar year for situations when an employee’s presence is required elsewhere due to bereavement for members of the employee’s immediate family or individuals whose relationship to the employee is that of a dependent or near dependent, member of the immediate household, domestic partner, or a person who is of significance to the employee. Exceptions to exceed the authorized hours for family leave or bereavement are subject to consideration by the City Manager on a case-by-case basis. In no event shall an employee be granted sick leave time to oversee children who are not ill (baby -sitting). In no case will the City provide less family leave than that which is set forth in State and Federal law (Note:

Language is currently under Rule 21, Section 6 of the Personnel Rules and Regulations)

3.15 Military Leave
a. Every employee ordered to take military leave who would have been required to work for and be paid by the City at the same time military leave is ordered shall receive Resolution No. 2024-22
Exhibit "A"

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45 Item5.
26 their salary or compensation as an employee of the City in accordance with the provisions of State or Federal law.
b. Upon verification of military orders, employees who are members of the military reserve or National Guard who have been called to active duty during national security, after the standard Military Leave Policy, shall receive the difference between the amount the employee would have received from their regular City gross biweekly wage (not including overtime) and the amount the employee receives from the military. Health benefits will be continued for the employee and family. An employee would continue t o pay their respective portion of the benefit programs (including any premiums for family coverage,) unless benefits are waived.

3.16 Military/Family Medical Leave Act
Military/FMLA leave shall be granted in accordance with the provisions of State or Federal law. All employees entitled to Military/FMLA Leave shall give the City Manager an opportunity within the limits of Military Regulations to determine when such leave shall be taken.

3.17 Jury And Witness Leave
a. Jury Duty: An employee who is called or required to serve as a trial juror shall be entitled to absent themselves from their duties with the City during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances the employee shall be paid their full salary and any payment received by them from the court for such duty. Employees shall provide the Personnel Office with a copy of the call to jury duty, and other documentary evidence of service as req uired by the City.
b. Witness Leave: Any employee who is called or required to serve as a witness shall be entitled to absent themselves from their duties with the City during the period of such service or while necessarily being present in court as a result of proper subpoena. Under such circumstances, the employee shall be paid the difference between their full salary and any payment received by them, except travel and subsistence pay, for such duty. If the court appearance is not related to an employee’s work duties, i.e. a civil witness or a litigant or a criminal defendant, the employee may use accrued leave to be compensated for the time off work. Employees shall provide the Personnel Office with a copy of the legal subpoena and other documentary evidence of service as required by the City.

3.18 Leaves of Absence
a. Time Off Without Pay : Association members in good standing may, with supervisory permission and five days’ prior notice, take time off without pay without having to exhaust vacation leave balances. No employee shall exceed two shifts without pay within a calendar month.
b. Leave of Absence Without Pay: The City Manager may grant an employee leave of absence without pay, seniority, or benefit accruals not to exceed six (6) months. For Resolution No. 2024-22
Exhibit "A"

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46 Item5.
27 special education purposes, however, the City Manager may grant leaves of absence not to exceed one (1) year, without pay, provided such study is related to City employment.

1) When such special educational leave of absence is granted, the employee must agree in writing that they will return to regular, full-time employment with the City for a minimum of one (1) year. No such leave shall be granted except upon written request of the employee, setting forth the reason for the re quest, and the approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for discharge.
2) When an employee is in a leave of absence without pay status, their revised hire date or date of promotion for purposes of merit increases, sick leave and vacation credit, will be the number of calendar days absent added to their former hire or promotion date, whenever such leave exceeds ten (10) regularly scheduled consecutive shifts. An employee with a nonindustrial illness or injury may opt to request Leave of Absence without pay if collecting long term disability as an alternative, prior to exhaust ing their entire sick leave balance. In the event of Leave of Absence due to nonindustrial injury or illness, after all sick leave is exhausted, utilization of accrued vacation shall be at the option of the employee.
3) After twelve (12) weeks of absence due to illness or injury, and while on LOA, an employee may use sick leave balances in one -hour increments to provide payment for City insurance premiums.

3.19 Maternity/Paternity Family Medical Leave Act/California Family Rights Act Leave
Employees shall be granted maternity leave in accordance with state and federal law. a. An employee may furnish the City with a statement from her physician giving the anticipated date of delivery and the opinion of the physician as to her ability to perform her normal work assignment.
b. The City may, at its option, and at City cost, require an independent medical opinion concerning the employee's ability to safely perform her duties. b. A temporarily disabled pregnant employee, shall be entitled to use all accumulated paid leave time for maternity leave and such additional leave of absence without pay, seniority and accrual of benefits in accordance with federal and/or state leave laws. d. In the case of adoption and/or paternity/FMLA/CFRA leave, leave shall be in accordance with federal and/or state leave laws.

Resolution No. 2024-22
Exhibit "A"

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47 Item5.
28 3.20 – 3.22 Reserved

3.23 Health Insurance Benefits
a. It is agreed that during the term of this Memorandum, the Association and the City agree to delegate to the Health Insurance Committee (HIC), the authority to manage the City's Health Benefits Program (CHBP). However, the decision of the City Council may overrule any decision and shall not be bound by any recommendation of the HIC. b. HMO Health Insurance Indemnity Plans, and Health Benefit Plans, shall be subject to substitution in accord with review procedures adopted by the HIC. c. Membership on the HIC, as set forth in Rule 19 of the Personnel Rules and Regulations, shall be as follows:

Each bargaining unit with at least twenty-five (25) or more eligible employees shall have one representative on the committee. The City's unclassified group shall provide a number of representatives equal to the total number of representatives provided by all bargaining units.
d. Healthcare Premiums and Employee Participation:
1) Medical coverage provided by the City will continue to be the lowest cost HMO medical plan as recommended by the Health Insurance Committee (HIC) and approved by the City Council; and
2) Any medical insurance premium increases will be shared equally by the City and the employee for the lowest cost HMO medical plan. Employees choosing more expensive medical plans are required to pay the increased cost between that plan and the lowest cost plan.
3) Employee rates for participation in medical coverage shall be found in Exhibits B1 and B2.
4) Employees who choose a more costly level of medical coverage, will participate at the above rates, and also pay the differential cost for the more expensive premium level.
5) For the remaining term of the agreement, employee participation toward medical premium coverage is as follows:
6) The proportional percentage change in premium each year for the base level of coverage (e.g. , Kaiser) after changes in Plan Design by the HIC shall be represented in employee premium participation.
7) In the event that a majority of the Health Insurance Committee (HIC) recommends to the City Council changes in the Health Benefit Plans that either provide the same level of benefit coverage for less cost or greater level of benefit coverage for Resolution No. 2024-22
Exhibit "A"

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48 Item5.
29 the same or similar costs, the City will meet and confer with the Association as to implementation of the economic impact of the proposed changes. 8) Any changes to plan content will only take place upon mutual consent of the Association and the City.
e. The City and the Association agree to a plan to generate cost savings for health insurance premiums in cases where employees are eligible for coverage under an alternate health insurance plan and those cases where both spouses/domestic partners are City employees. Employees may waive a level of insurance coverage for themselves and/or their eligible dependents if they are covered under an alternate health insurance plan. Included in this plan is a rebate to the employee of a fixed amount of $75 per month upon waiver of insurance. Move to 4.6.6 Health Insurance Rebate f. Proof of alternate health coverage is required by signing a waiver and disclosure form. Only those employees with proof of other insurance will be allowed to waive coverage. Proof will be provided at the time of waiver and at one other time during the year. When both spouses/domestic partners are City employees, only the spouse/domestic partner who is waiving coverage will receive the $75 monthly waiver benefit.
g. Employees will make contributions to health insurance coverage based on the insurance carrier selected.
h. Employees will be allowed to enroll during open enrollment or other times during the year as allowed by state/federal law.

3.24 Dental Plan
a. The City agrees to pay premiums for employee-only dental coverage for enrollment in the City's dental plan; such premiums will continue to be paid by the City throughout the term of this agreement.
1) Employees may opt to purchase dependent dental insurance coverage in the City's plan through payroll deduction.
2) Dental insurance premium increases, for employee only coverage, will be shared equally by the City and the employee.
3) Employee rates for participation in dental coverage shall be found in Exhibits B1 and B2.
b. Rates are provided in the annual benefits summary sheet attached as Exhibits B1 and B2, revised annually on or about January 1, and shall be automatically incorporated into this MOU.

Resolution No. 2024-22
Exhibit "A"

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49 Item5.
30 3.25 Life Insurance
The City shall provide for the benefit of each employee, life and accidental death and dismemberment insurance in the minimum amount of Fifty Thousand Dollars ($50,000).

Employees may opt to purchase, at employee’s expense, supplemental group term life insurance benefits through payroll deduction in accordance with the group voluntary insurance carrier guidelines. Rates are provided in the annual benefits summary sheet attached as Exhibits B1 and B2, revised annually on or about January 1, and shall be automatically incorporated into this MOU.

3.26 Workers' Compensation
After a period of one (1) year of disability for safety employees, and pursuant to California Labor Code, the Payroll Section shall follow the same procedure used for miscellaneous employees.

3.27 – 3.28 Reserved

3.29 Tuition Reimbursement
a. Within budgetary limitations, and subject to the criteria and limitations listed below, the City will reimburse tuition and related expenses up to 100% of the normal tuition fees of the accredited college or university system in an amount up to seven hun dred fifty dollars ($750) semiannually or one thousand five hundred dollars ($1,500) per fiscal year. b. A maximum of $15,000 will be allotted annually for the use of tuition reimbursement for all members (safety and non -safety employees), as outlined within this Article.

Members will be allowed an opportunity to exceed the $1,500 fiscal year cap per employee, to a maximum of $3,000 per fiscal year. The opportunity to exceed the original cap of $1,500 can occur through the contract term.
c. Eligibility Criteria:
1) Course content is closely related to the employee's current classification and is designed to improve job performance, or would assist the employee in preparing for a promotional opportunity.
2) To receive reimbursement, it is encouraged that the employee pursues any approved course or courses of study at an educational institution with tuition fees comparable to fees of the California State University System. 3) Course is completed with a minimum grade of "C" or its equivalent or by evidence of satisfactory completion.
4) Course is given by a school accredited by the Western Association of Schools and Colleges or equivalent, approved by the Council for Private Post Secondary and Vocational Education, or by an accredited high school.

Resolution No. 2024-22
Exhibit "A"

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50 Item5.
31 d. Tuition and Related Expenses : The following are eligible expenses within the meaning of “Tuition and Related Expenses:”
1) Tuition and/or class fees and/or registration fees charged by an educational institution;
2) Books required for the course;
3) Miscellaneous mandatory charges such as health service and/or identification cards. (Parking charges are not considered required expenses and will not be reimbursed.)
e. Pre-Approval & Approval Procedures:
1) An employee shall complete the first section of the City’s Tuition Reimbursement form and send it to the Human Resources Benefits Manager for pre - approval based on eligibility.
2) Upon course completion, obtain Department Head approval using the City Tuition Reimbursement form and re -submit to Human Resources Benefits Manager for approval of payment based on availability of funds, proof of expense payment and a transcript showing successful course completion.
3) Approval Process : Upon submittal, the Fire Chief will note the recommendation and forward the application to the Human Resources Department for approval.
f. Exception Review:
1) Applications which are not approved by the Fire Chief and the Director of Administrative Services may be submitted to the Tuition Review Committee. 2) The Tuition Review Committee will consist of:

City Manager or his designee
Director of Human Resources
Fire Chief
One other Department Head (selected on a rotating basis) 3) By special request, the above-mentioned committee may also be petitioned for one hundred percent (100%) reimbursement.

Resolution No. 2024-22
Exhibit "A"

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51 Item5.
32 g. Limitations/Return of Educational Reimbursement : Employees will not be reimbursed for that portion of tuition, books and mandatory fees which is reimbursed by a federal or state benefit, grant, scholarship or other reimbursement program. h. Reimbursement Procedure: Upon preliminary approval and successful completion of approved courses, employees may request reimbursement as follows:
1) Complete tuition reimbursement form.
2) Submit proof of payment of reimbursable items.
3) Submit school transcript indicating the grade achieved for the completed course.

3.31 Reimbursement Account
The Fire Association and the City agree to participate in the reimbursement portion of the Section 125 plan. The members of this Unit may elect, by payroll deduction, pre -tax salary to be set aside in the Medical Reimbursement Account and/or the Dependent Care Reimbursement Account. Pre-Tax health insurance premium payments will be established by negative declaration effective January 1, 1993.

3.32 401(k) Plan
The City agrees to provide the availability of a 401(k) plan to Association membership .

Effective January 1, 2009, and for the duration of this MOU , the plan shall be funded by employee contributions only.

3.33 Retirement Medical Trust
a. ACKNOWLEDGEMENT. The City acknowledges that the Association has entered into an agreement with the IAFF Medical Expense Reimbursement Plan of the Washington State Council of Fire Fighters Employee Benefit Trust (hereinafter "Trust"). b. DEFINED CLASS OF EMPLOYEES RECEIVING CONTRIBUTIONS. Employees receiving contributions to the Trust, as set forth below, consist of all Safety personnel represented by the Association on or after the date of this amendment. ("Safety Employees"). Thus, fire suppression personnel shall participate in the Trust, but non- safety personnel shall not participate.
c. EMPLOYEE CONTRIBUTION AMOUNT. The Association requested and the City agreed that the City shall withhold a mandatory contribution of $50 per pay period, on a pre-tax basis, from the pay of each Safety Employee, twice each month, and shall transfer such contributions to the Trust. No Safety Employee shall be permitted to opt-out of the mandatory contributions or receive any portion of the mandatory contribution in cash.
d. VACATION LEAVE TRANSFER. Upon a Safety Employee's separation from Resolution No. 2024-22
Exhibit "A"

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52 Item5.
33 City service, the City shall irrevocably transfer to the Trust, on a pre-tax basis same as other payroll deductions, an amount equal in value to 100% of the accrued vacation leave that would otherwise be paid to the employee for unused vacation leave under this Memorandum of Understanding. However, a Safety Employee, by written election made no less than 45 days prior to the employee's separation date, may also direct a portion of the accrued vacation leave to a qualifying 457 plan up to allowable annual contribution limits under Internal Revenue Service regulations. No Safety Employee shall be permitted to receive any portion of the accrued vacation leave transfer payment in cash.
e. REMITTANCE OF CONTRIBUTIONS. The City shall promptly remit the twice monthly contributions directly to the designated Trust administrator ("Administrator") for the duration of the Memorandum of Understanding in one aggregate payment, by either ACH transfer or wire. The City hereby acknowledges the Trust Agreement between the Association and the Trust and will comply with reasonable rules and procedures set by the Trust to report and deposit funds into the trust. f. TRUST REPORTING. The City shall promptly submit to the Administrator a report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, at the same time funds are sent to the Trust. The City shall also provide an initial report of contributing employees, and promptly report any changes in Safety Employee employment status.
g. MODIFICATION OF EMPLOYEE CONTRIBUTION AND LEAVE AMOUNTS. The City and the Association agree that the Association has the right, subject to approval of its members according to the Association's internal rules, to modify the amount of the mandatory employee monthly contribution addressed in Section C in any increment of $25, or the percentage of the mandatory employee leave contribution addressed in Section D during the course of this Agreement, so long as the modification is mandatory for all Safety Employees.
h. NO CITY LIABILITY . The City shall not incur or be liable for any cost or contributions associated with the Trust. The City will only administer payroll deductions toward a qualifying employee benefit plan under the Internal Revenue Code. The City may cease payroll deductions toward the Trust if the City incurred a fee, anticipates incurring a fee, or believes the payroll deductions will expose the City to legal claims or liabilities; provided however, that the City shall provide advance notice to the Association of its intent to cease payroll deductions and allow the Association a reasonable opportunity to discuss and/or absorb any costs to the City. i. INDEMNIFICATION. The Association shall indemnify, defend, and hold harmless the City from any claim, complaint, assessment, penalty, or damages asserted by any person or entity, including any state or federal authority, arising out of Association participation in the Trust, including but not limited to fines, fees, or penalties issued by state or federal taxing authority against the City due to Employee payroll deductions or compensation payouts that are directed to the Trust.

Resolution No. 2024-22
Exhibit "A"

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53 Item5.
34 ARTICLE IV
Compensation

4.1 Base Pay
a. Pay schedules provide the amount of pay earned for one month of service at a specified step. Annual base pay is calculated by multiplying the monthly base by 12. b. The City calculates the Base Rate of Pay by dividing the monthly base pay amount by the number of regularly scheduled 242.67 hours of work in a month (2912 hours/year by 12 months) to achieve an hourly rate of pay.
c. Compensation will be paid as earned. Unless specifically addressed otherwise, compensation will be distributed over designated pay periods. d. In determining the hourly rate as herein provided, computations resulting in three or more decimal places shall be rounded to the nearest whole cent (two decimal places); thus, computations ending in 0, 1, 2, 3, and 4 will be rounded down, computations ending in 5, 6, 7, 8 or 9 will be rounded up.
e. Appendix A, Salary Ranges – January 2024, publishes the current pay by classification and step.
f. Reserved.
g. The City reserves the right to make positive salary adjustments in response to recruitment and retention issues. All adjustments will be documented in the City’s compensation plan and will apply to all members in the classification. The Association shall have the right to request a salary adjustment.
h. Effective with this agreement, all pay changes affecting Association members will take place at the beginning of the pay period in which the pay change occurs. i. The following comparable cities/organization were used during contract negotiations: Carlsbad, Chula Vista, Encinitas, Murrieta, Oceanside, Orange County Fire, Poway, San Diego, San Marcos, and Vista.
j. In the event an employee is promoted to a higher pay classification, their pay in the new class will be a minimum of five percent (5%) above their current pay; that is, they will be placed at a regular pay step in the new class which is a minimum of five p ercent (5%) above their current pay. For the purpose of merit increases, the appropriate time in grade shall be the regular time in grade for the new pay step, which is one year for all steps.

4.2 Pay Steps
a. The City standard pay schedule provides seven (7) steps. Safety employees achieving their tenth anniversary of total service with the Escondido Fire Department, and Resolution No. 2024-22
Exhibit "A"

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54 Item5.
35 shall have one year of service in Step 6, will be placed at Step 7. The length of service required for advancement to the next higher step within a particular salary rate range is summarized as follows:

Step Service*
1 Base
2 12 months’ service in the previous step
3 12 months’ service in the previous step
4 12 months’ service in the previous step
5 12 months’ service in the previous step
6 12 months’ service in the previous step
7 12 months’ service in the previous step
* All steps are merit increases.

For non-safety personnel Step 6 and Step 7 are set at 2.5% increases. b. New Hires. A new employee shall be paid the rate shown as Step "1" in the class of employment for which he or she has been hired. In special instances where such new employee possesses unique and exceptional education, training and/or experience qualifications, the department head under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on higher Step within the allocated salary rate range. Such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article. c. Merit Advance. An employee is eligible for a merit increase every twelve months until the employee reaches the top salary step in their classification. Merit increases will only be given if the employee has satisfactory or better performance on the performance evaluation, is recommended for an increase by the Department Head and the recommendation is approved by the City Manager. With a substandard performance evaluation, a merit step increase can be withheld. Employee will be placed on an Individual D evelopment Plan (IDP) with a defined duration (3 months, 6 months, 12 months, etc.). At the completion of a successful IDP, employee will receive a new performance evaluation and will then be eligible for a step increase. A subsequent step increase would require 12 months’ service in the step.

4.3 – 4.4 Reserved

4.5 Pensionable Compensation
a. Pensionable compensation means the normal monthly rate of pay or base pay and (a) Must be for normally required duties, (b) Must be historically consistent with prior payments for the job classification, and (c) Must be reported periodically as earned.

Pensionable compensation is for services rendered on a full -time basis during normal Resolution No. 2024-22
Exhibit "A"

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55 Item5.
36 working hours and will be paid based upon a publicly available pay schedule. [See 2 CCR 571, 2 CCR 571.1] Pensionable compensation for also specifically excludes certain types of pay from being reported as pensionable compensation, including, bonuses, over time, pay for additional services outside normal working hours, cash payouts for unused leave (vacation, annual, sick leave, CTO, etc.,), and severance pay, among others. b. Pensionable compensation may differ for CalPERS classic and new members. c. The City will report pensionable pay in accordance with California Public Employees’ Retirement law and CalPERS requirements. Any changes in CalPERS practices or reporting requirements will result in an offer to meet and confer on the proposed changes or their impacts.
d. Changes in California Public Employees’ Retirement Law and changes in CalPERS interpretation of California retirement law shall preempt any MOU language in conflict with the law or CalPERS regulatory interpretations including but not limited to policy letters.
e. Special Compensation . This section is organized by CalPERS designated categories; (1) Incentive Pay, (2) Educational Pay, (3) Premium Pay, (4) Special Assignment Pay and (5) Statutory Items.

4.5.1 Incentive Pay
Longevity Compensation: In an effort to retain employees that are trained and qualified within the Escondido Fire Department, the following longevity compensation schedule will be implemented for Safety employees . Employees achieving their fifth anniversary of total service with the City of Escondido Fire Department will receive a stipend of $1,000 payable on the first pay period beginning after their service anniversary. Such stipend will be paid annually after ac hieving the anniversary, and will be paid only to employees achieving an overall satisfactory performance rating in the previous evaluation period.

This stipend will continue until the member becomes eligible for the longevity Step 7 and will then stop.

4.5.2 Education Pay
a. Certification and Education Incentive Pay: The following is a list of certifications or degrees that qualify Safety Personnel for Certification and Incentive Pay:
1) The required classes and details of each certification will be described in the appropriate policy in the Administrative Operations Manual (AOM) 705.00. The City and Association mutually agree to discuss possible changes to the required classes as changes occur in the curriculum.

Resolution No. 2024-22
Exhibit "A"

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56 Item5.
37 b. Certification Pay:
1) Paramedic Certification Pay: 2.5% of base pay per month Maintain San Diego County Paramedic License.

Engineers and Captains only (current annual Paramedic Certification pay of $450.00 dollars is eliminated for these qualified classifications; Article IX, Section 5).
2) Technical Rescue Certification: 1.0% of base pay per month Complete five rescue classes outlined in the AOM 705.00.

Certification in this category must be current with renewal occurring as required by the State Fire Marshall. All represented classifications are eligible to qualify.
3) Wildland Certification: 1.0% base pay per month
Complete four wildland classes outlined in the AOM 705.00.

Certification in this category must be current with renewal occurring as required by the State Fire Marshall or the national Wildfire Coordinating Group (NWCG). All represented classifications are eligible to qualify. 4) Acting Engineer Certification: 1.0% base pay per month Complete two classes as outlined in the AOM 705.00 and complete the Acting Engineer Taskbook.

Firefighter/Paramedic is the only eligible classification. Engineers will be eligible for this pay up to 12 months after promotion to Engineer or upon completion of the Acting Captain Certification, whichever occurs first. 5) Acting Captain Certification: 1.0% base pay per month Complete CSFM Fire Officer Certification or Company Officer coursework as outlined in the AOM 705.00.

Firefighter/Paramedic and Engineer are the only eligible classifications.

Captains will be eligible for this pay up to 12 months after promotion to Captain or upon completion of the Acting Battalion Chief Certification, whichever occurs first.

Resolution No. 2024-22
Exhibit "A"

Page 41 of 51 ends

57 Item5.
38 6) Acting Battalion Chief Certification (Captains only): 1.0% base pay per month
Complete the Acting Battalion Chief Taskbook and have an Associate’s Degree or a Bachelor’s Degree in Fire Science, Business Administration, Management, Public Administration, or other related course study. (Note:

The Bachelor’s Degree requirement can be m et with an educational plan approved by the Fire Chief.)
Fire Captain is the only eligible classification.
c. Educational Incentive Pay:
1) Associates Degree: 2.0% of base pay per month
2) Bachelor’s Degree: 4.0% of base pay per month
d. Certification and Incentive Pay Criteria:
1) Reserved.
2) Reserved.
3) Fire Administration will notify Human Resources of the certifications and qualifications upon successful completion of requirements. 4) Employees are responsible for supplying all transcripts or certificates to verify course completion. All courses must have a “C” grade or better to qualify. 5) Coursework submitted for educational incentive pay must be obtained from a school accredited by the Western Association of Schools and Colleges or equivalent, or approved by the Council for private post-secondary education. 6) Certification Pay is capped at 5.5% of base pay per month. Does not include Education Pay.
7) Certification and incentive pay shall be reported to CalPERS as “special compensation.” In accordance with CalPERS reporting requirements, special compensation will be reported separately from an employee’s hourly base rate of pay. 8) Employees promoting to a new classification shall not carry forward certification pay uniquely attributable to the subordinate classification and shall only receive certification pay that is attributable to their new classification. Employees will be granted a 12-month transition period to achieve the certification that may be applicable to qualify for the next certification level in the series.

Resolution No. 2024-22
Exhibit "A"

Page 42 of 51 ends

58 Item5.
39 e. Paramedic Certification:
1) The City agrees to pay a cash stipend of Four Hundred and Fifty Dollars ($450.00) for each year of continuing Paramedic Certification for Safety Firefighter/Paramedics. Such stipend shall be paid on the first pay period following the employee's Certification anniversary each year.
2) The stipend will begin when the employee’s State of California Paramedic License is renewed for the first time as a Firefighter/Paramedic. 3) Such stipend shall be paid on the first pay period following the employee's License certification anniversary each year.
4) Paramedic certification pay shall cease upon promoting into another rank or at the time of termination of employment with the City of Escondido.

4.5.3 Reserved

4.5.4 Special Assignment Pay
a. Mentor/Preceptor Pay:
1) Employees assigned to a Mentor or Preceptor role of new, newly promoted employees, or student interns, shall receive training pay upon completion of the training assignment, as follows:

Trainer FF/Paramedic Paramedic Paramedic Intern EMT
FF/Paramedic $1,000 $1,000 $1,000 $500
Paramedic $500 $500 $500 $250

2) The Fire Chief shall determine satisfactory completion of the training assignment.
b. Bilingual Pay: The City agrees to pay Two Hundred Dollars ($200.00) per month to qualified and eligible employees for verbal bilingual skills. The City agrees to pay Seventy-Five Dollars ($75.00) per month to qualified and eligible employees for written bilingual skills. The City reserves the right to establish eligible languages based upon a demonstrated need within the community and the criteria for eligibility for the skill pay and shall verify through testing procedures developed by the City, that employees are qualified and eligible. Certification testing requires approval by the Fire Chief. c. Special Weapons and Tactics (SWAT) Assignments (Safety Personnel):
1) If and when the Police Department SWAT is no longer operational, the following assignments/compensation shall concurrently end.

Resolution No. 2024-22
Exhibit "A"

Page 43 of 51 ends

59 Item5.
40 2) Firefighter personnel assigned to the Police Department Special Weapons and Tactics Unit and performing in a satisfactory manner in the assignment shall be compensated as follows:
a) SWAT Pay: $50.00 per month
b) SWAT Training Assignments During Off-Duty Time: Compensation at time and one half pay up to twenty (20) hours per quarter c) SWAT Uniform Requirements: An additional $100.00 per year

4.5.5 Statutory Items – Classic Members
a. Holidays: Every employee in the Personnel System, except members of the Fire Department who are required to be on duty for a twenty -four (24) hour shift, shall not be required to be on duty on holidays unless the employee's services are needed and required in the interests of the public health, safety or general welfare, in which later event, any such employee shall be entitled to an in lieu holiday or overtime pay, in accordance with these rules.
1) Safety and Non -Safety members of the Fire Department shall be credited for holidays as follows:
a) Eleven and one-half (11.5) hours of Holiday time shall be credited to each Safety and Non -Safety employee's account on a monthly basis. This includes Personnel who are temporarily assigned to a 40-hour training schedule. b) Holiday hours will be compensated on a straight time basis. c) Employees who terminate shall be paid in a lump sum for all accrued holiday time earned prior to the effective date of termination. b. Uniform Allowance:
1) The Uniform Allowance for Safety employees shall be eight hundred dollars ($800.00) per year, and four hundred dollars ($400.00) for Non -Safety employees.

Resolution No. 2024-22
Exhibit "A"

Page 44 of 51 ends

60 Item5.
41 3) In the event that the City requires a uniform change, it is agreed that this M.O.U. will be reopened for the sole purpose of determining the method of provision of said uniforms; whether uniform change is considered safety equipment; if it is to be purchased with uniform allowance; and if the latter is determined to be the case, the amount of future allowance. The City retains the right to designate the uniform dealer, the method of implementation, and the implementation date of any change in uniform. 4) Should changes occur to the SWAT Unit by determination of the Police Chief or Fire Chief such that Fire Department personnel are no longer assigned to SWAT duty, SWAT Pay, Uniform Allowance and Training Pay will be eliminated. c. Premium pay: One and one-half (1 1/2) times the normal rate of pay, shall be paid for all hours in excess of the FLSA guidelines in each work period. (The FLSA guidelines permit 182 hours per 24 -day work period to be paid at the regular rate of pay for Safety Personnel.) Therefore, each Safety employee will accrue six (6) hours of premium pay in each pay period. Compensation, including overtime, shall be averaged on a per pay period basis.

4.6 Non-Pensionalble Compensation

4.6.1 – 4.6.5 Reserved

4.6.6 Non-Pensionable Compensation PEPRA Uniform Allowance a. Uniform Allowance:
1) The Uniform Allowance for Safety employees shall be eight hundred dollars ($800.00) per year, and four hundred dollars ($400.00) for Non -Safety employees.

Employees receive uniform allowance proportionally per pay period and is reported to CalPERS as such, versus a one-time lump-sum payment annually. Association members will be responsible for purchasing and wearing a “Uniform Safety Boot” as part of their station uniform. All Safety employees will be required to purchase a Class A uniform by their fifth (5th) year of employment.
2) The City agrees to compensate employees for uniform damage in the course of their employment, should the damage justify such action. It is the understanding of both parties to this agreement that uniform replacement does not apply to normal wear and tear.
3) In the event that the City requires a uniform change, it is agreed that this M.O.U. will be reopened for the sole purpose of determining the method of provision of said uniforms; whether uniform change is considered safety equipment; if it is to be purchased with uniform allowance; and if the latter is determined to be the case, the amount of future allowance. The City retains the right to designate the uniform dealer, the method of implementation, and the implementation date of any change in uniform. 4) The $100 annual allowance for SWAT participation in not pensionable compensation for PEPRA members.

Resolution No. 2024-22
Exhibit "A"

Page 45 of 51 ends

61 Item5.
42 4.6.7 Out-of-Class Pay
A shift Safety employee shall receive pay at five percent (5%) above their regular rate or Step 1 of the out-of-class position, whichever is greater commencing on any shift worked out-of-class.

4.6.8 One Time Stipend
All Association members performed essential work during the Covid -19 public health emergency. Upon contract approval, the City agrees to provide a one -time stipend of $2,000 for each employee who worked for the City of Escondido on or before April 10, 2023, during the Covid -19 public health national emergency. This compensation is not pensionable income but will be used to calculate over-time compensation.

Dated: __________________________ Dated: __________________________

For the City of Escondido: For the Escondido Firefighters' Association:

_______________________________
Jessica Perpetua Charles (Joe) Portman

APPROVED AS TO FORM AND CONTENT:

CITY OF ESCONDIDO

By: _____________________________
Gary McCarthy,
Assistant City Attorney

Resolution No. 2024-22
Exhibit "A"

Page 46 of 51 ends

62 Item5.
43 EXHIBIT "A"
SALARY RANGES JANUARY 2024
Safety Personnel
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
FF/Paramedic 7,212 7,573 7,952 8,350 8,767 9,205 9,666
Fire Engineer 7,573 7,952 8,350 8,767 9,205 9,665 10,149 Fire Captain 8,889 9,333 9,800 10,290 10,804 11,345 11,912 Non- Safety Personnel
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
EMT 4,414 4,635 4,867 5,110 5,366 5,500 5,637
Paramedic 5083 5337 5604 5884 6178 6333 6491
Resolution No. 2024-22
Exhibit "A"

Page 47 of 51 ends

63 Item5.

Revision Date: October 1, 2023

SAFETY FIRE
2024 BENEFIT SUMMARY
Benefit/Provider Monthly Contributions
Coverage Level City Pays Employee Pays
Kaiser HMO Employee Only
Employee + 1
Family
$529.16
$1,058.34
$1,494.46
$108.26
$216.50
$309.40
Kaiser HDHP w/HSA
Note: The City will contribute
to an employee’s HSA: $800 for
Employee Only coverage;
$1,600 for Employee + 1 or
Family coverage
Employee Only
Employee + 1
Family
$435.46
$870.90
$1,229.46
$78.72
$157.46
$225.64
Delta Preferred PPO Employee Only
Employee + 1
Family
$37.34
$36.02
$33.24
$0.00
$37.44
$92.72
DeltaCare DMO Employee Only
Employee + 1
Family
$22.16
$22.16
$22.16
$0.64
$18.70
$38.34
Anthem BlueView Vision Employee Only
Employee + 1
Family
n/a
n/a
n/a
$7.11
$12.72
$21.08
Critical Illness (The
Hartford)
Employee Only
Employee + Spouse
One Parent Family
Two Parent Family
n/a
n/a
n/a
n/a
Rates vary based on age
and coverage-See
Benefits
Accident –Low Plan
(The Hartford)
Employee Only
Employee + Spouse
Employee + Children
Two Parent Family
n/a
n/a
n/a
n/a
$5.20
$8.18
$8.55
$13.51
Accident – High Plan
(The Hartford)
Employee Only
Employee + Spouse
Employee + Children
Two Parent Family
n/a
n/a
n/a
n/a
$8.09
$12.74
$13.46
$21.19
Hospital Indemnity Plan
(The Hartford)
Employee Only
Employee + Spouse
One Parent Family
Two Parent Family
n/a
n/a
n/a
n/a
Rates vary based on age
and coverage
ARAG – Legal Plan Plan Membership n/a $24.25
Supplemental Life
Insurance (The Hartford)
Age rated coverage for self,
spouse and children
n/a Rates vary based on
coverage
Group Life Insurance
(The Hartford)
Basic Life and AD&D: $50,000
Dependent Life: $1,000
City pays full cost No cost to employee
Section 125
Pre-tax Premiums,
Medical and Dependent
Care Flexible Spending
Accounts
Provider: TRI-AD
Employee may set aside tax-free FSA $
Annual minimum (both FSAs): $240
Medical FSA annual max: $ 3,050
Dependent FSA annual max: $5,000
Exhibit "B1"
44 Resolution No. 2024-22
Exhibit "A"

Page 48 of 51 ends

Item5.

Revision Date: October 1, 2023

SAFETY FIRE
2024 BENEFIT SUMMARY
Benefit/Provider Description
California Firefighters Benefit
Trust
Mandatory Employee Contribution: $100 per month
Long Term Disability Administered through the California Association of Professional Firefighters Retirement Plan
(CalPERS Defined Benefit
Plan)
Employee and Employer share the cost
Tier 1 Classic: 3% @ 50 Employee contribution rate = 12% Single Highest Year Tier 2 Classic: 2% @ 50 Employee contribution rate = 12% 3 Year Highest Avg Tier 3 PEPRA: 2.7% @ 57 Employee contribution rate = 14% 3 Year Highest Avg 401 (k), 457 and Payroll Roth
IRA Plans (MissionSquare
Retirement)
Employee contributions to plans are optional
Health Insurance Waiver
Rebate
$75 per month for waiving at least one level of health insurance Holidays in Lieu 11.5 credited on a monthly basis
Sick Leave Accrual 12 hours per month
No maximum accrual
Annual Vacation Accrual Years of Service
1 to 5 1 20 hours
6 to 10 168 hours
11 to 15 216 hours
16 to 20 264 hours
21+ 312 hours
Work-Life Benefits Employee Assistance Program (EAP) – counseling services The Hartford – Travel Assistance & Identity Theft Program 529 College Savings Plan
Employee Discounts Gym Membership
Dell Computers
Apple Products
AT&T, T-Mobile and Verizon Cellphones
Working Advantage Program – entertainment discounts
Fun Express – entertainment discounts
Education Discounts: National University, Grand Canyon University and Waldorf University
45 Resolution No. 2024-22
Exhibit "A"

Page 49 of 51 ends

65 Item5.

Revision Date: October 1, 2023

NON-SAFETY FIRE
2024 BENEFIT SUMMARY
Benefit/Provider Monthly Contributions
Coverage Level City Pays Employee Pays
Kaiser HMO Employee Only
Employee + 1
Family
$529.16
$1,058.34
$1,494.46
$108.26
$216.50
$309.40
Kaiser HDHP w/HSA
Note: The City will contribute
to an employee’s HSA: $800 for
Employee Only coverage;
$1,600 for Employee + 1 or
Family coverage
Employee Only
Employee + 1
Family
$435.46
$870.90
$1,229.46
$78.72
$157.46
$225.64
Delta Preferred PPO Employee Only
Employee + 1
Family
$37.34
$36.02
$33.24
$0.00
$37.44
$92.72
DeltaCare DMO Employee Only
Employee + 1
Family
$22.16
$22.16
$22.16
$0.64
$18.70
$38.34
Anthem BlueView Vision Employee Only
Employee + 1
Family
n/a
n/a
n/a
$7.11
$12.72
$21.08
Critical Illness (The
Hartford)
Employee Only
Employee + Spouse
One Parent Family
Two Parent Family
n/a
n/a
n/a
n/a
Rates vary based on age
and coverage-See
Benefits
Accident –Low Plan
(The Hartford)
Employee Only
Employee + Spouse
Employee + Children
Two Parent Family
n/a
n/a
n/a
n/a
$5.20
$8.18
$8.55
$13.51
Accident – High Plan
(The Hartford)
Employee Only
Employee + Spouse
Employee + Children
Two Parent Family
n/a
n/a
n/a
n/a
$8.09
$12.74
$13.46
$21.19
Hospital Indemnity Plan
(The Hartford)
Employee Only
Employee + Spouse
One Parent Family
Two Parent Family
n/a
n/a
n/a
n/a
Rates vary based on age
and coverage
ARAG – Legal Plan Plan Membership n/a $24.25
Supplemental Life
Insurance (The Hartford)
Age rated coverage for self,
spouse and children
n/a Rates vary based on
coverage
Group Life Insurance
(The Hartford)
Basic Life and AD&D: $50,000
Dependent Life: $1,000
City pays full cost No cost to employee
Section 125
Pre-tax Premiums,
Medical and Dependent
Care Flexible Spending
Accounts
Provider: TRI-AD
Employee may set aside tax-free FSA $
Annual minimum (both FSAs): $240
Medical FSA annual max: $ 3,050
Dependent FSA annual max: $5,000
Exhibit "B2"
46 Resolution No. 2024-22
Exhibit "A"

Page 50 of 51 ends

Item5.

Revision Date: October 1, 2023

NON-SAFETY FIRE
2024 BENEFIT SUMMARY
Benefit/Provider Description
Short Term Disability Provider: The Hartford
Employee pays .715% of salary
Long Term Disability Provider The Hartford
Employee pays .50% of salary
Retirement Plan
(CalPERS Defined Benefit
Plan)
Employee and Employer share the cost
Tier 1 Classic: 3% @ 60 Employee contribution rate = 8% Single Highest Year Tier 2 Classic: 2% @ 60 Employee contribution rate = 7% 3 Year Highest Avg Tier 3 PEPRA: 2% @ 62 Employee contribution rate = 7.75% 3 Year Highest Avg 401 (k), 457 and Payroll Roth
IRA Plans (MissionSquare
Retirement)
Employee contributions to plans are optional
Health Insurance Waiver
Rebate
$75 per month for waiving at least one level of health insurance Holidays in Lieu 124 hours credited on a monthly basis
Sick Leave Accrual 9 hours per month, no maximum accrual Annual Vacation Accrual Years of Service
1 to 5 5 shifts - 120 hours
6 to 10 7 shifts - 168 hours
11 to 15 9 shifts - 216 hours
16 to 20 11 shifts - 264 hours
Work-Life Benefits Employee Assistance Program (EAP) – counseling services The Hartford – Travel Assistance & Identity Theft Program 529 College Savings Plan
Employee Discounts Gym Membership
Dell Computers
Apple Products
AT&T, T-Mobile and Verizon Cellphones
Working Advantage Program – entertainment discounts
Fun Express – entertainment discounts
Education Discounts: National University, Grand Canyon University and Waldorf University
47 Resolution No. 2024-22
Exhibit "A"

Page 51 of 51 ends

67 Item5.

STAFF REPORT

February 28, 2024
File Number 0610-90

SUBJECT

REVIEW OF CITY DATA REGARDING HOMELESSNESS

DEPARTMENT
City Manager’s Office; Development Services Department; Police Department

RECOMMENDATION
Request the City Council receive and file an update on City data regarding homelessness.

Staff Recommendation: Receive and File (City Manager’s Office: Christopher McKinney; Police Department: Ed Varso)
Presenter: Christopher McKinney, Deputy City Manager/ Interim Director of Development and Ed Varso, Chief of Police
ESSENTIAL SERVICE – Yes, Police Services; Fire/EMS Services; Keep City Clean for Public Health and Safety; Land Use/Development; Clean Water; Sewer; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces
COUNCIL PRIORITY – Eliminate Structural Deficit; Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development

PREVIOUS ACTION
On February 15, 2023, the City Council received and filed an update from staff regarding the City’s efforts to address homelessness.

On March 8, 2023 , the City Council voted unanimously to create an Ad -Hoc Subcommittee on Homelessness and appointed Mayor Dane White and Councilmember Joe Garcia to serve on it.

BACKGROUND
Data pertaining to the City’s efforts to address homelessness is available online at the following link:
https://escondido.org/homeless
68 Item6.

STAFF REPORT

February 28, 2024
File Number 0610-90

SUBJECT

HOMELESSNESS POLICY STATEMENT

DEPARTMENT
Ad-Hoc Subcommittee on Homelessness

RECOMMENDATION
Request the City Council a pprove the Homelessness Policy Statement created by the Ad -Hoc Subcommittee on Homelessness.

Staff Recommendation: Approval (City Council: Dane White, Mayor and Joe Garcia, Councilmember) Presenters: Dane White, Mayor and Joe Garcia, Councilmember ESSENTIAL SERVICE – Yes, Police Services; Fire/EMS Services; Keep City Clean for Public Health and Safety; Land Use/Development; Clean Water; Sewer; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces
COUNCIL PRIORITY – Eliminate Structural Deficit; Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development

BACKGROUND
On March 8, 2023 , the City Council voted unanimously to create an Ad -Hoc Subcommittee on Homelessness and appointed Mayor Dane White and Councilmember Joe Garcia to serve on it.

Over the last year, the Subcommittee met with stakeholders and staff; visited safe camping sites, safe parking sites and homeless shelters; and created a Homelessness Policy Statement (Attachment “1”).

ATTACHMENTS
a. Attachment “1” - Homelessness Policy Statement
69 Item7.

Attachment "1"
70 Item7.

The City of Escondido recognizes homelessness is a complex issue without a single solution to meet the dynamic needs of our unhoused population. We understand t here are a number of underlying causes including: housing affordability, mental health concerns and Substance Abuse Disorder.

The City of Escondido is committed to a compassionate, needs -driven approach for families and individuals experiencing homelessness in Escondido that are willing to receive help. We have led the response to homelessness in North County by partnering with residents, business owners, and non- profits that provide wraparound services to the homeless population.

The City of Escondido has listened to the public and studied their concerns with one fact being clear; a pervasive and consistent level of criminal activity exists within the unhoused population. This is largely perpetuated by those with untreated Substance Abuse Disorder. To ignore this reality by primarily attributing homelessness to housing availability and affordability is naïve. We support a Public Safety First approach towards homelessness that ensures the safety of our community and economic viability of our future.

The City of Escondido believes everyone should be treated with dignity and respect, irrespective of their current situation or economic status. We are committed to supporting efforts that help individuals achieve sobriety and regain their mental health with the goal of financial independence and stable housing. We believe any policy that enables personally destructive behavior is neither compassionate nor effective.

The City of Escondido will not support any program that enabl es continued drug use or allows individuals to continue living on the street, regardless of how well-intentioned the programs may be or who may endorse them. We will not participate in the distribution of free resources such as tents, tarps, syringes, drug pipes, or anything else that enables substance abuse or homelessness.

The City of Escondido recognizes the one-size-fits-all approach of Housing First has proven ineffective and unsustainable with the exception of seniors who may have been priced out of the housing market due to their limited and/or fixed income. We believe independence can be achieved and encouraged by addressing the underlying causes of homelessness, before long-term housing is provided. Being unhoused will not be accepted as an excuse for continued drug abuse and/or criminality in Escondido.

The City of Escondido understands that simply being unhoused is not the problem, but a symptom of the problem. Data shows that the vast majority of unhoused are either addicted to drugs, experiencing a mental health crisis, or both. We recognize that drug addiction and untreated mental health concerns are the root cause of the state of affairs on the streets of Esc ondido. Sadly homelessness is the predictable consequence of the financial, relational, and legal problems that regularly accompany Substance Abuse Disorder.

The City of Escondido recognizes not everyone experiencing homelessness is a criminal transient. We stand ready and willing to lend IMMEDIATE support to those willing to accept help. We believe in accountability for those willin g or unwilling to accept assistance . Choosing sobriety is the only acceptable option. A criminal transient is a specific type of unsheltered person who creates an unreasonable burden on emergency services, the criminal justice system, and affects the safety of our entire community.

The City of Escondido understands that c riminal transient s adversely impact local businesses and suppress economic development. We value every business that contributes to the economic success Attachment "1"
71 Item7.

of our community. Small and large companies have sacrificed significant sums of money to make their storefronts more inviting to customers and less attractive to criminal transients. We believe private citizens should not be forced to subordinate their property rights to the interests of criminal transients. Business owners should not have to tolerate an unsheltered criminal trespassing on their property, creating a disturbance or otherwise being harmful.

The City of Escondido recognizes the detrimental impacts criminal transients have on our parks, creeks, waterways, plazas and other public buildings. Crimes such as vandalism, arson and the dumping of biological waste are among the most egregious acts that must cease. We understand our duty to maintain a clean and safe environment for the benefit of the community as a whole and for the good of the Earth. We will prioritize the f ollowing areas: Grape Day Park; Grand Avenue (with focus on Centre City Parkway to Ivy Street); and Valley Parkway (with focus on Ash Street to Midway Drive and the Home Depot located at 1550 West Valley Parkway).

The City of Escondido understands that changes in State Law have removed any viable mechanism to force an individual experiencing homelessness to accept help. This must be reprioritized by the State Assembly, State Senate and Governor of California. We recognize our responsibility to advocate for criminal justice reform that does not seek to punish individuals for being a victim of Substance Abuse Disorder. We support sound policies that provide accountability and relief.

The City of Escondido believes that local control is critical to developing effective solutions to the impacts of homelessness on City residents and businesses, as well reducing the expenditure of scarce City resources, money and services on these issues. To that end, it supports clarity from the United States Supreme Court, in cases such as City of Grant’s Pass v. Johnson, in declaring the right of cities to enforce generally applicable state and local laws to regulating impacts of homelessness on both public and private property.

The City of Escondido recognizes that the role Law Enforcement plays with respect to homelessness is limited and specific. The Escondido Police Department is committed to protecting our community through exceptional police services. Escondido residents have an expectation that their o fficers will police crime and disorder rather than function as social workers or homeless advocates.

The City of Escondido advocates for programs that reduce the prevalence of drug addiction in our community and provide mental health support to achieve independence. We seek programs that provide education and intervention efforts especially for our youth.

The City of Escondido supports an Escondido First approach that prioritizes unsheltered individuals in our community with direct ties to Escondido. We maintain a standard that local service providers not become magnets for criminal behavior which place undue burdens on municipal services.

The City of Escondido expects all local service providers to prioritize helping unhoused Escondido residents before aiding individuals from other cities. We recognize homelessness is a problem throughout the region, but until Escondido residents, or those currently unhoused in Escondido, have been served, local providers cannot become a regional resource. Leaving individuals unhoused in Escondido while accepting residents from other cities is unacceptable.

Attachment "1"
72 Item7.

STAFF REPORT

February 28, 2024
File Number 0600-10; A-3494; 0600-10; A-3495

SUBJECT
LAKE WOHLFORD DAM REPLACEMENT PROJECT: CONSULTING AGREEMENTS AND CONTRACTOR

RETENTION RATE

DEPARTMENT
Utilities Department, Construction and Engineering Division

RECOMMENDATION
Request the City Council take the following actions:
1) Adopt Resolution No. 2024-15, authorizing the Mayor to execute a Consulting Agreement in the amount of $12,896,890 with GEI Consultants, Inc., for construction management services for the Lake Wohlford Dam Replacement Project (“Project”); and
2) Adopt Resolution No. 2024-16, authorizing the Mayor to execute a Consulting Agreement in the amount of $256,824 with Golden State Labor Compliance, LLC, for labor compliance monitoring services for the Project; and
3) Adopt Resolution No. 2024-17, approving the finding that the construction of the Project will be substantially complex and requires the contractor retention rate on the project to be set at 10%.

Staff Recommendation: Approval (Utilities Department: Angela Morrow, Interim Director of Utilities) Presenter: Angela Morrow, Interim Director of Utilities Essential Service: Yes, Clean Water.

Council Priority: Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS
The Project is funded by a California Proposition 1E Grant, pending U.S. Environmental Protection Agency Water Infrastructure Finance and Innovation Act (“WIFIA”) loan, and the Water Enterprise Fund. Although it is requested that City Council approve the full amount of t he consulting agreements at this time, the funds will be encumbered in two phases due to the timing of the closure of the WIFIA loan. Funds for the labor compliance monitoring agreement and the pre-construction phase of the construction management consulting agreement will be encumbered in the Capital Improvement Project No. 704912, and funds for 73 Item8.

the construction phase of the construction management agreement will be encumbered once the WIFIA loan closes.

PREVIOUS ACTION
On October 17, 2012, City Council adopted Resolution No. 2012-167 authorizing the Mayor and City Clerk to execute a Consulting Agreement in the amount of $2,458,516 with RBF Consulting, Inc., for construction management services for the Lake Wohlford Dam Replacement Project.

On May 13, 2020, City Council adopted Resolution No. 2020-59 approving a Labor Compliance Program and authorizing the Director of Utilities to execute and submit the Labor Compliance Program application for approval by the California Department of Industrial Relations.

BACKGROUND
Lake Wohlford Dam (“Dam”) was constructed with earth and rock in 1895 as part of Escondido’s local water system. In 1925, the Dam was raised to its current height using a slurry hydr aulic fill process. In 2007 during a routine seismic evaluation of the Dam, the California Division of Safety of Dams (“DSOD”) determined that the newer, hydr aulic fill section of the Dam has the potential to liquefy and fail in the event of a large earthquake with magnitude greater than 7.5 on the Elsinore Fault. In response to these potential seismic concerns, the City immediately lowered the water level of Lake Wohlford so that the maximum level of the lake does not exceed the level of the original, seismically-sound rock structure. The lake has been operated at this level until the present day and continues to provide recreational opportunities and local water storage.

A design for a new, replacement Dam to be constructed just downst ream of the existing Dam was completed. Design development included a lengthy review process involving the DSOD, the Federal Energy Regulatory Commission (“FERC”), and a panel of dam experts convened to oversee the Dam design process. The Project elements include: (a) a new roller compacted concrete dam to be constructed downstream of the existing dam; (b) new integrated spillway; (c) new outlet tower construction; and (d) partial demolition of the existing Dam.

The process to obtain construction bids for the Project will be done in two phases. First , a Request for Qualifications (“RFQ”) will be competitively advertised in the same way in which construction projects are advertised. The Statement of Qualifications will be evaluated based on mandatory pass/fail requirements and weighted criteria. Second, the contractors that are prequalified in the RFQ process will be invited to submit construction bids for the project.

74 Item8.

Construction Management Services
In 2012, RBF Consulting, Inc., was retained to provide construction management services for the Lake Wohlford Dam Replacement Project, including constructability review during the design phase . Early in the design phase it was determined that Oakvale Road needed to be realigned in advance of the Project in order to make room for the proposed dam . During this time, RBF Consulting, Inc., was acquired by Michael Baker International (“MBI”). MBI provided constructability reviews throughout the design phase, and has been providing construction management and inspection services for the Oakvale Road Realignment under the original Consulting Agreement.

Over the last few years, the MBI staff with experience inspecting and managing the construction of dams have left the company. In addition to the loss of qualified staff, the original Consulting Agreement will be fully expended with the completion of the Oakvale Road Realignment Project. As a result, it was determined that a new Request for Proposals should be issued for construction management services for the Lake Wohlford Dam Replacement Project.

Proposals were solicited by posting the Request for Proposals (“RFP”) on the City’s website. City Staff also reached out to several consultants to make them aware of the RFP. GEI Consultants, Inc. was the only firm to submit a proposal . However, they are uniquely qualified by having a proposed team with extensive roller compacted concrete (“RCC”) dam construction experience. Several members of the GEI team were directly involved in the construction of two RCC dam projects in San Diego County; the Olivenhain Dam and the San Vicente Dam raise construction projects.

Staff thoroughly reviewed the proposal, completed negotiations with the consultant, worked with the City Attorney’s Office, and determined the proposal to be the best value and in alignment with today’s construction market considering the size and complexit y of the Project . The Utilities Department recommends retaining GEI Consultants, Inc. , a third -party construction manager , to manage the construction of the Project under the supervision of City staff.

The contract for construction management services includes:
 pre-construction services including assistance with the RFQ and construction bid phases;  full time construction inspections;
 construction project coordination with the City, the community, and other consultants;  conducting construction progress meetings;
 managing construction documentation and record keeping;  reviewing contractor’s monthly progress payment requests and confirming that percentages and quantities of work completed align with the amounts requested for payment;  facilitation of partnering sessions;
 geotechnical support and special inspection servi ces, such as welding and concrete material testing; and
 claim support.
75 Item8.

Labor Compliance Program
This Project is partially funded with California Proposition 1E grant funds, which requires the use of a State approved Labor Compliance Program (“LCP”). The C ity of Escondido Utilities Department’s LCP was approved by the California Department of Industrial Relations (“DIR”) on June 9, 2020. The LCP has been administered on two recent projects to which it is applicable, the Membrane Filtration Reverse Osmosis Facility Project and the Oakvale Road Realignment Project.

Golden State Labor Compliance, LLC, is the third -party administrator o f the Utilities Department’s LCP.

City Utilities staff recommends retaining Golden State Labor Compliance, LLC, to provide labor compliance monitoring services for the Project under the supervision of City staff , which includes monitoring of all labor compliance requirements for all of the Project’s funding sources.

Contractor Retention
Public construction projects typically withhold a five percent retention from progress payments to contractors. The retention is released to the contractor after construction is complete and all subcontractors have been paid by the contractor . If the contr actor defaults on payments to its subcontractors, the City could use the retention to pay the subcontractors. Public Contract Code 7201 (b) allows for an increase in the amount of retention to be withheld from progress payments to Project contractors and subcontractors when a project is found to be substantially complex. The Utilities Department recommends that the contractor retention for this Project be set at 10% instead of the five percent that is typical for most public construction projects due to the complexities described below. The 10% retention would provide funds for the City to pay subcontractors in case the prime contractor defaults on payments to its subcontractors.

This Project has several complexities, including:
 Limited accessibility – The Project will be accessed from Oakvale Road off of Lake Wohlford Road.

Oakvale Road is not a through street, therefore it must remain open to allow the neighboring community and emergency personnel ingress and egress from the area. Lake Wohlford Road is a heavily travelled roadway and the businesses located along Lake Wohlford Road rely on easy access for their customers , therefore, it is essential to maintain an open roadway during construction of the Dam.
 Limited Work Area – The Project area consists of hilly, rocky, and environmentally and culturally sensitive habitat, including mature oak trees. There is limited clear flat surface area for staging of materials such as spoil and rock stockpiles, construction equipment, batch plant equipment and materials, and onsite construction office space . The proposed work area at the base of the existing dam is extremely limited due to a dense population of oak trees. 76 Item8.

 Construction Impacts – The operation of an onsite concrete batch plant and heavy earthwork equipment will generate noise during construction, however the area’s steep topography and large tree canopies will help attenuate some of the noise and dust concerns. During the placement of the roller compacted concrete of the dam and spillway structures, the work will extend beyond normal business hours because the concrete must be installed continuously without stopping, 24 hours a day, seven days a week. It is anticipated that rock blasting may be a part of the Project.

Rock blasting was performed during the realignment of Oakvale Road , so local residents are familiar with this operation, including occasional delays up to 20 minutes before traffic can safely pass through the blasting zone of the construction area.  Potential Unforeseen and Differing Site Conditions – An exploratory geotechnical field investigation and report was performed, which will help identify some of the risks associated with the proposed construction. To further help mitigat e the City’s risks exposure, a third-party construction management and specialty inspection team will be retained for the duration of the Project. The Utilities Department has been very successful completing multiple water and wastewater Capital Improvement Projects with few to no construction claims. The collaboration between consultants, contractors and City staff has allowed for such success.

RESOLUTIONS
A. Resolution No. 2024-15
B. Resolution No. 2024-15 – Exhibit “A”: Construction Management Services C. Resolution No. 2024-16
D. Resolution No. 2024-16 – Exhibit “A”: Labor Compliance Monitoring Services E. Resolution No. 2024-17

77 Item8.

RESOLUTION NO. 2024-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A CONSULTING
AGREEMENT WITH GEI CONSULTANTS, INC. , FOR

CONSTRUCTION MANAGEMENT SERVICES FOR THE

LAKE WOHLFORD DAM REPLACEMENT PROJECT

WHEREAS, the City of Escondido (“City”) desires to construct the Lake Wohlford Dam Replacement Project (“Project”); and
WHEREAS, the Project work will replace the existing dam with a new roller compacted concrete dam with integrated spillway and outlet works immediately downstream of the existing dam; and WHEREAS, the City desires construction management services for the Project; and WHEREAS, City staff solic ited proposals from firms specializing in construction management of roller compacted concrete dam construction projects; and WHEREAS, City staff thoroughly evaluated the proposal received from GEI Consultants, Inc. and the proposal from GEI Consultants, Inc. was determined to be the best value proposal; and WHEREAS, GEI Consultants, Inc. has experienced personnel, specialized services, and expertise to manage the construction project; and
WHEREAS, City staff have completed negotiations with GEI Consultants, Inc. for said construction management services and the Interim Director of Utilities recommends that the Consulting Agreement (“Agreement”) be approved; and
78 Item8.

WHEREAS, this City Council desires at this time and deems it to be in the best p ublic interest to accept the recommendations of the Interim Director of Utilities and approve said Agreement in an amount not to exceed $12,896,890.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:

1. That the above recitations are true.

2. That the Mayor and City Council accepts the recommendation of the Interim Director of Utilities.

3. That the Mayor is authorized to execute, on behalf of the City, a Consulting Agreement with GEI Consultants, Inc. in substantially the same format as Exhibit “A,” which is attached hereto and incorporated by this reference, subject to final approval as to form by the City Attorney. 79 Item8.

Consulting Agreement (v2) - 1 - CAO:2/16/2023

CITY OF ESCONDIDO

CONSULTING AGREEMENT

This Consulting Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”),

Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Randy Manns
( 760) 839-6290, ext. 7031
("CITY")

And: GEI Consultants, Inc.
a Massachusetts corporation
5901 Priestly Drive, Suite 301
Carlsbad, CA 92008
Attn: Jerry Reed
760-795-1973
("CONSULTANT").

(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a consultant to provide construction management services for the CITY’s Lake Wohlford Dam Replacement Project (“Project”);
WHEREAS, CONSULTANT is considered competent to perform the necessary professional services for the CITY; and
WHEREAS, the CITY and CON SULTANT desire to enter into this Agreement for the per - formance of the Services described herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. Description of Services. CONSULTANT shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).

2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, Resolution No. 2024-15
Exhibit "A"

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and CONSULTANT shall accept in full, an amount not to exceed the sum of $ 12,896,890.

CONSULTANT shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of CONSULTANT contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in this Section 2, unless approved by resolution of the City Council.

3. Performance. CON SULTANT shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement . CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONSULTANT pursuant to this Agreement , except that CONSULTANT shall not be responsible for the accuracy of information supplied by the CITY.

4. Personnel. The performance of the Services by certain professionals is significant to the CITY. As such, CONSULTANT shall only assign the persons listed on Attachment “B”, attached to this Agreement and incorporated herein by this reference (“Personnel List”), to perform the Services.

CONSULTANT shall not add or remove persons from the Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a co mponent of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

a. Each individual listed on Attachment “B” must file (i) a Statement of Economic Interests Form 700 (“Form 700”) pursuant to the California Political Reform Act of 1974 within 30 days of commencing work pursuant to this Agreement and (ii) a “leaving office” Form 700 within 30 days of concluding work pursuant to this Agreement. If the term of this Agreement extends beyond one year, each individual listed on Attachment “B” must file a Form 700 on an annual basis for each subsequent term year on or before the first of April. The CITY may require each individual listed on Attachment “B” to assist the CITY in completing a Form 805 to identify consultants that make or participate in making governmental decisions and identify the consultants’ disclosure requirements. The Clerk’s Office will coordinate Form 700 and 805 completion on the CITY’s behalf.

5. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONSULTANT with 10 days’ advance written notice. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONSULTANT, then CONSULTANT shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the Services.

6. City Property. All original documents, drawings, electronic media, and other materials prepared by CONSULTANT pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CON SULTANT for any other purpose without the CITY’s p rior written consent.

7. Insurance Requirements.
a. CONSULTANT shall pro cure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, Resolution No. 2024-15
Exhibit "A"

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by CONSULTANT, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. Worker’s Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissions) . Professional Liability (Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.
(5) If CONSULTANT maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it. (4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONSULTANT shall requir e and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any Resolution No. 2024-15
Exhibit "A"

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endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its agents, representatives, employees, and subcontractors.
(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONSULTANT shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONSULTANT’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONSULTANT pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right , at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONSULTANT must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSULTANT until CONSULTANT demonstrates compliance with the insurance requirements in this Agreement.

8. Indemnification and Hold Harmless.
a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, and hold harmless the CITY, its officials, officers, and employees from and against any claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature to the proportional extent caused by CONSULTANT’s performance of the Services or its failure to comply with any of its Resolution No. 2024-15
Exhibit "A"

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obligations contained in this Agreement, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.
b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, and hold harmless the CITY, its officials, officers, and employees from and against any claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No. R9- 2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement.
c. All terms and provisions within this Section 8 shall survive the termination of this Agreement.

9. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONSULTANT in entering into this Agreement, CONSULTANT shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assign ment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective. Unless CONSULTANT assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONSULTANT shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

10. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

11. Independent Contractor . CONSULTANT is an independent contractor , and no agency or employment relationship is created by the execution of this Agreement.

12. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONSULTANT.

13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and unde rstanding of the CITY and CONSULTANT concerning the subject of this A greement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

14. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

15. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

16. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

17. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to Resolution No. 2024-15
Exhibit "A"

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an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

18. Provisions Cumulative. The foregoing provisions are cumulative to, in addition to , and not in limitation of any other rights or remedies available to the CITY.

19. Notice. Any statements, communications , or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.

20. Business License. CONSULTANT shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

21. Compliance with Laws , Permits, and Licenses. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances , regulations, rules, and other legal requirements in effect during the term of this Agreement. CONSULTANT shall obtain any and all per mits, licenses, and other authorizations necessary to perform the S ervices.

Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CON SULTANT to comply with this section.

22. Prevailing Wages . If applicable, pursuant to California Labor Code section 1770 et seq. , CONSULTANT agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevai ling rate and scale to be paid shall be the same as the applicable “ General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference . Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

23. Department of Industrial Relations Compliance. This public project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONSULTANT shall post all job site notices required by regulation. CONSULTANT, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

24. Immigration Reform and Control Act of 1986. CONSULTANT shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONSULTANT represents and warrants that all of its employees and the employees of any subcontractor retained by CONSULTANT who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONSULTANT affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Services. CON SULTANT Resolution No. 2024-15
Exhibit "A"

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agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

25. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.

26. The CITY shall retain 5% of each payment CONSULTANT as part of security for the fulfillment of Services under this Agreement, to be released upon written request of the CONSULTANT on an annual basis contingent upon all Project documentation being up-to-date.

CONSULTANT may request that the CITY make payments of earned retentions directly to an escrow account at the sole expense of the CONSULTANT. If this option is selected, CONSULTANT will provide bank and account information to the CITY for preparation of a retention escrow agreement, on the standard CITY -approved form, before the first payment is made to CONSULTANT.

After Project completion, and once it is determined that all Project records have been properly filed on the CITY’s Secure File Transfer Protocol ( “SFTP”) site, and all other close- out activities have been completed to the satisfaction of CITY staff, and there are no outstanding labor compliance issues or complaints, the CITY will release (or request to be released from the escrow account) the remaining retention funds that have been withheld.

(SIGNATURE PAGE FOLLOWS)

Resolution No. 2024-15
Exhibit "A"

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IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ___________________________________ Dane White, Mayor

GEI CONSULTANTS, INC.

Date: __________________ ___________________________________ Jerry Reed, Vice President

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY

B
Y: __________________________

THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

Resolution No. 2024-15
Exhibit "A"

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ATTACHMENT “A”
Scope of Work
A. General
GEI C
onsultants, Inc. a Massachusetts Corporation (“Consultant”), will provide the City of Escondido, a California municipal corporation (“City”), with full-service construction management (“CM”) services related to the City’s Lake Wohlford Dam Replacement Project (“Project”).

B. Location
Consultant to provide services at the Project site located approximately 6.5 miles northeast of the City of Escondido. Access to the area of the site is via Valley Center Road, Lake Wohlford Road, and Oakvale Road. See map Exhibit A, which is attached to this Scope of Work and incorporated herein by this reference, for the Project site map.

C. Services
Consultant shall provide services as described in Consultant’s proposal, which is attached hereto as Exhibit B and incorporated by this reference. In the event of a conflict between this Agreement (including this Scope of Work) and Exhibit B, the terms of this Agreement shall prevail.

Pr
oject services under this Agreement shall include but not be limited to:

Task 1
– Project Coordination

1. Pr
ovide Pre-Bid Phase Services: Constructability Review and Assist the City with developing and rating the Project Contractor Pre- Bid Qualification Process and the Competitive Bidding Phase of the procurement;

2. Provide Bid Phase Services;

3. Develop a Construction Management Plan;

4. Develop a Responsibility Matrix;

5. Develop a Risk Management Plan (which may incorporate the use of Monte Carlo simulation) to compare probabilities relating to cost and schedule curves;

6. Collaborate with City staff and the design engineer on developing a comprehensive layout for the CM Field Offices and Laboratory Facilities;

7. Assist the City with community outreach efforts;

8. Provide a Full-time staff member who is dedicated to performing document control tasks and assisting with labor compliance requirements;

9. Coordinate with the City’s Utilities Construction & Engineering staff;

10. Coordinate with the City’s Water Treatment staff regarding major shutdowns, tie -ins, facility connections, and any applicable training;

11. Coordinate all special inspections for the Project that are not required of the Project contractor (e.g. geotechnical and any special inspections that are included as part of CM services). All subcontracts for special inspections must include state and federal (Davis -Bacon) prevailing wage and labor compliance requirements – as deemed applicable. Consultant’s services relating to special inspections for the Project are further detailed in Task 5 below;

12. Coordinate with the City ’s independent consultants (e.g. design engineer, third- party labor compliance consultant, SWPPP Program Manager, environmental and cultural monitoring consultants) and all stakeholders to ensure good communications with the Project contractor and good record keeping practices; and

13. Coordinate, review, observe, and document all equipment testing and start up, if applicable.

Attachment "A"

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Exhibit "A"

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Consulting Agreement (v2) - 10 - CAO:2/16/2023
Task 2 – Construction Phase Services (Project Management)

1. Lead the Pre-construction meeting for the Project;

2. Facilitate weekly Progress Meetings with the Contractor and conduct separate team meetings with the City (e.g. held the day before regular progress meetings); prepare and distribute corresponding meeting minutes for each meeting;

3. Provide Monthly Progress Reports;

4. Develop and implement a Construction Management Plan (i.e. schedule, quality, health and safety);

5. Provide Project Training & Orientation such as job site protocols, visitor sign-in requirements;

6. Provide CM Contract Administration;

7. Ensure adherence to this Agreement, the Project contractor’s contract documents, and the Project plans and specifications;

8. Attend a preliminary meeting with the City and labor compliance consultant to review Project documentation requirements;

9. Organize and facilitate a pre -construction partnering session with the Project contractor to discuss any potential design related issues, preliminary RFIs, or other items that might help expedite, ease, or promote a positive construction start;

10. At the City’s request, provide professional opinions to the City relating to field construction issues, determining entitlement of compensation to the Project contractor for differing site conditions, change in scope items, negotiating all change order work, mitigating construction claims resolutions, and providing appropriate responses to the Project contractor regardi ng such issues, on behalf of the City.

11. Facilitate an intermediary Partnering Session, if deemed necessary during construction of the Project;

12. Review the Project contractor’s monthly progress payment estimates and confirm that percentages and quantities of work completed align with the amounts requested for payment.

Provide a thorough review for accuracy and comparison with actual work completed. Meet with the City’s Field Engineering Inspector to discuss the progress pay application and ensure that all check list items are complete, including labor compliance issues, prior to submittal to the City. Make appropriate recommendations to the City on payment issues;

13. Clearly document all details and calculations in written field orders and change orders, ensuring good results for future audits by various funding entities;

14. Track preliminary notices forwarded by City staff, collect and file appropriate releases from contractor, and ensure all appropriate and necessary releases are on file upon Project completion;

15. Conduct and coordinate preliminary and final walk -throughs for the punch lists, start up and testing, and closeout. Ensure all deliverables have been reviewed, approved, and delivered to the appropriate City staff, including Operation and Maintenance manuals and any other training documentation;

16. Provide claim support through final resolution. Mitigate existing issues and resolve all future issues with minimal escalation to avoid claims; and

17. Submit detailed monthly CM services invoices, and include a Burn Rate spreadsheet with each invoice for budget tracking. A sample spreadsheet will be provided.

Task 3 – Quality Assurance

1. Ensure Project contractor compliance;

2. Use the Construction Management Plan (“CMP”) to ensure all monitoring, inspections and Quality Assurance guidelines relating to the Project are being executed;

3. Monitor all Project permit conditions (e.g. City encroachment permit) and the respective expiration dates for each Project permit. Inform the City and Project contractor when non- compliance is observed as it relates to the Project permit requirements;

4. Monitor and ensure the Project contractor’s compliance for all Project specifications and drawings requirements, the City’s Standard Detail drawings, agency encroachment permits, and all other pertinent standards, requirements, and documents associated with the Project; Attachment "A"

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Exhibit "A"

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Consulting Agreement (v2) - 11 - CAO:2/16/2023

5. Monitor Project contractor’s schedule each week and inform the City of any construction conflicts and issues that could potentially affect the Critical Path Method - CPM or designated Project schedule method; and

6. Provide Storm Water Pollution Prevention Plan Management Services

7. Ensure Environmental Compliance by working closely with the various environmental consultants on the Project.

Task 4 – Document Control and Record Keeping

1. Implement plan for documentation control, record keeping and completion of work;

2. Employ and conform to the City’s Secure File Transfer Protocol (“SFTP”) system, file management plan, and other City-provided forms to prepare, process, and file (in PDF format) all construction phase documents and records, ensuring complete Project records during the course of the Project and at Project completion;

3. Examples of document control and record keeping include, but are not limited to:
a. Preparation of written daily field reports for submittal to the City via the SFTP.

Reports must include work performed, labor and equipment utilized, and a discussion of any work not conforming to the plans and specifications. The City will provide Consultant a written daily field report form within 30 days of the Effective Date; b. In accordance with the General Conditions (“GC”), Consultant shall collect the Project contractor’s daily reports. After collection, Consultant shall compare the Project contractor’s daily reports to Consultant’s daily inspection reports so any discrepancies can be addressed in a timely manner. Approved reports will be filed on the SFTP;
c. Daily photographic documentation of construction activities in digital, date- stamped format. Photo file sized shall conform to City file requirements. Photos shall be uploaded to the City SFTP on a daily or weekly basis;
d. Observe and record all major materials deliveries to the Project site to confirm compliance with the Project specifications and approved shop drawings; e. Review and upload all special inspection reports and geotechnical reports provided by those firms contracted through Consultant pursuant to Task 1 and Task 5; f. Review and upload to the SFTP all Project documents, reports, and correspondence, including shop drawings, submittals, requests for information (“RFI”), Storm Water Pollution Prevention Plan inspections reports, permit documents, environmental monitoring reports and training documentation, labor compliance monitoring reports and correspondence, community complaints and documentation of contact and resolution, geotechnical and materials testing reports, and special inspections; g. During the Project’s construction phase, review and update Project red line drawings and Project contractor red line drawings, and provide final reviews and approval of the Project contractor’s red line drawings at Project completion. Submit final, Consultant-approved Project contractor red line drawings to the City Field Engineering Inspector;
h. Prepare quarterly CM reports, including detailed descriptions of work completed, schedule status, submittals status, RFI status, design revision status, progress payment and overall contract status, and Project photographs representing key construction activities. The quarterly report s will be prepared in a City -approved format including color copies of six or more digital photographs with captions of work performed. Electronic copies of the quarterly reports shall be accessible to the City via the City’s SFTP site; and
i. Ensure all Project records meet the highest quality assurance/quality control standards. Questionable audit results can negatively impact the City’s future funding opportunities. Most project documentation is considered public record and is potentially subject to a high-level of scrutiny.

4. The City will provide Consultant a CM manual, including a detailed file plan and supplementary descriptions corresponding to a select scope of work subtasks. The City does not object to Consultant using their own proprietary file management system; however, all documents Attachment "A"

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Exhibit "A"

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90 Item8.

Consulting Agreement (v2) - 12 - CAO:2/16/2023
produced in that file management system, as well as documents received from the Project contractor, must be saved as PDFs and filed on the City’s SFTP site on a regular (daily or weekly) basis, so that the City’s Utilities Construction Management staff has access to all project related documents at all times. Consultant payments will be held, or partially held, if records are not kept up-to-date each month.

5. Prepare for Project Closeout and Final Payment Processing.

Task 5 – Subcontract Management (Special Inspection Services)

1. Consultant to include and manage the following as part of the CM services:
a. Scheduling testing for geotechnical support and special inspection and monitoring services, as needed. Geotechnical support and special inspections services shall include, but are not limited to:
i. Ability to track quantities of excavated materials via survey mapping or other to help determine the amount of rock encountered and removed, unsuitable soil conditions and to create a defensible position to either support or counter a potential claim;
ii. Inspection of Roller Compacted Concrete Dam construction in accordance to the requirements of Project geotechnical specifications and plans; iii. Inspection of trench backfill and compaction testing during pipeline construction and site grading;
iv. Materials sampling and testing during installation of cast -in-place concrete for structures and grouting operations;
v. Subgrade, aggregate base and asphaltic concrete in cases where the Project construction has caused damage to road surfaces, private driveways or other; vi. Laboratory testing of imported material, compaction testing of trench backfill, concrete cylinder testing, proctor test, and aggregate base conformance to Project specifications for asphalt and concrete;
vii. Submitting field reports and lab test reports to the CM; and viii. Retain a Blasting Specialist as needed.

2. As part of the CM fee schedule, a line item allowance of $3,830,107.00 has been added for geotechnical and special inspection services. This allowance is based on a time and materials basis, not to exceed $3,830,107.00 without prior written authorization from the City.

3. Consultant is responsible for ensuring compliance with all state and federal (Davis -Bacon) prevailing wage laws and requirements for their firm and any subcontractors or subconsultants, including Skilled and Trained Workforce requirements. State and federal (Davis-Bacon) prevailing wage laws and requirements, including Skilled and Trained Workforce requirements, must be listed in all subcontracts. Consultant and all of their subcontractors and subconsultants are required to submit prevailing wage documentation to the City’s labor compliance consultant for compliance monitoring for covered classifications.

Consultant payments are subject to withholding for non-compliance.

D. Scheduling

Consultant to schedule specific date for beginning of work in advance by contracting Randy Manns at 760-839-6290 ext. 7031 or [email protected]
. Further instructions will be provided upon
scheduling.

E. Contract Price and Payment Terms

The contract price shall not exceed $ 12,896,890. Consultant shall submit monthly invoices to the City, and the City shall pay Consultant for invoiced services within 30 days of receipt of an invoice.

Attachment "A"

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Resolution No. 2024-15
Exhibit "A"

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91 Item8.

Consulting Agreement (v2) - 13 - CAO:2/16/2023
The following service rates per task shall remain in effect throughout the term of this Agreement.

Task No. Task Description Total Cost
1 Project Coordination $1,183,817
2 Construction Phase Services (Project Management) $3,572,151 3 Quality Assurance Inspection $2,685,636
4 Document Control/Record Keeping $1,135,231
5 Subcontract Management – Special Inspection Services $3,830,107 Other Other Direct Costs $489,948
Total $12,896,890

Consultant’s rates for services are calculated on a “time and materials” basis in accordance with Exhibit C to this Scope of Work, which is attached hereto and incorporated by this reference, shall remain in effect throughout the term of this Agreement.

Consultant acknowledges that the term of this Agreement will extend over multiple fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated at the end of the fiscal year for which sufficient funding is not appropriated and authorized. The City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.

Consultant further acknowledges that although all of the services listed on the Fee Estimate and Schedule are approved under the City Council action that approves this Scope of Work, only the “Pre-construction” phase, in the amount of $526,458, will be encumbered. The remaining amount will be encumbered after the WIFIA loan is secured.

Pre-construction phase includes the following tasks/deliverables:

1. Construction Management Plan

2. Rick Management Plan and Risk Register

3. Constructability Reviews, Finalize Contract Documents

4. Contractor Pre-Qualification

5. Contractor Bid Process, Award

6. Assist with Community Outreach, Coordinate with City Departments and Consultants

F. Term

The term of this Agreement shall be from the Effective Date of the Agreement through Project completion, close-out of records, and release of consultant retention.

G. Other

Consultant further acknowledges that services provided under this Agreement shall be subject to all applicable terms and requirements of:

1. T he Grant Agreement between the City and State Department of Water Resources (Agreement No. 4600009575), which is attached hereto as Exhibit D and incorporated by this reference; and

2. The WIFIA Loan Agreement between the Escondido Joint Powers Financing Authority, the United States Environmental Protection Agency, and the City, which is attached hereto as Exhibit E and incorporated by this reference.

Attachment "A"

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Exhibit "A"

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92 Item8.

Exhibit A
Project Site Map

General Vicinity Map

Proposed Modified RCC Improvement

Attachment "A"

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Resolution No. 2024-15
Exhibit "A"

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93 Item8.

GEI CONSUL TANTS, INC. | Page 29
RFP 24-08 | Construction Management Services for the Lake Wohlford Dam Replacement Project

In this section we:
 Demonstrate that we understand the scope of
work outlined in the RFP.
 Commit to performing the entire scope of work
presented in the RFP.
 Outline our approach to scope activities that we
consider to be key to Project success.

Task 1: Project Coordination

CONSTRUCTABILITY REVIEW
GEIʼs CM staﬀ support our in-house design teams through constructability reviews on hundreds of projects each
year. Our main area of focus is ensuring clarity within and continuity between the specifications and other bid
documents to avoid ambiguity and conflicts.

We will use our experience with dam construction and RCC to make recommendations that will help reduce the
number of RFIs and the risk of potential change orders
during construction, where the impacts to project budget and schedule tend to be greater.

CONTRACTOR PREQUALIFICATION
Very specific construction experience is required to
construct an RCC dam. Prequalifying contractors is an
eﬀective tool in reducing the risk of selecting a poorly qualified contractor, by ensuring that only contractors and subcontractors that have the necessary qualifications are invited to bid on the Project. A well-constructed
prequalification process can also help to reduce the
potential for protest delays at the time of bid.

Jerry Reed, Wade Griﬀis, and Rob Fill will assist the City with this process. Together they bring decades of lessons learned from previous RCC dam projects, including the
San Vicente Dam raise where Jerry and Wade learned
firsthand the pitfalls that need to be avoided when
prequalifying RCC contractors.

BID PHASE SERVICES
Once prequalified firms are invited to bid on this Project, the important task of providing adequate and reliable bid documents begins, along with eﬀectively answering
contractor questions throughout the bid process.

Providing clear and thorough answers reduces the need
for bidders to make assumptions and promotes the
development of comparable and competitive bids. Jerry
Reed, Wade Griﬀis, and Rob Fill will assist the City with the selection and procurement process, as they have done for many dam projects in the past.

PREPARATION OF THE CM PLAN
Our CM plan will serve as a road map for how we execute our CM services, and how we coordinate with other
project team members. The CM plan will include, but not be limited to, the following:
• Safety plan
• Communications plan, with responsibility matrix
• CQA plan
• Risk management plan
• Document control plan
• Change management plan
Steve Lindsay will lead the development of these plans
under the supervision of Jerry Reed. Steve developed the City of San Diegoʼs current guidance manuals for both
construction management and project management, and
Jerry has written and revised portions of SDCWAʼs
Construction Management Manual. We will coordinate
with the City and the Cityʼs other project consultants to identify lines of communication and responsibilities for all parties in accordance with the Cityʼs own procedures
manuals. The CM plan will be reviewed and updated
annually to ensure that it stays relevant and usable.

RISK MANAGEMENT
Risk
management on this Project will be aimed at
identifying, characterizing, and mitigating risks before they occur, with the overall goal of maximizing safety and minimizing project cost and schedule impacts. Arun
Parsons, who led the on-site coordination of risk
management for the Calaveras Dam replacement project,
will lead the CMʼs risk management scope for this Project.

Arun will first develop a risk management plan to specify the roles, responsibilities, and procedures for the formal management of risk through the duration of the project.

After the risk management plan is finalized, Arun will lead the development of the initial risk register, in
collaboration with the City, designer, and environmental consultant. The risk register will identify potential risks through the lifetime of the Project, develop actions that can be taken to transfer, mitigate or avoid each risk, and identify action owners. As we continue through pre-
construction and construction, Arun will regularly check in with action owners to drive actions forward. We will
regularly (perhaps quarterly) meet in-person with the
Project team to discuss and update the risk register.

Additional scope, if the City desires, would involve a
quantitative analysis (typically a Monte Carlo analysis) of the Projectʼs “risk profile, ” the primary benefit of which is to provide a probability vs. cost curve that can be
compared to the Project contingency budget.

4. SCOPE OF WORK
Attachment "A"

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Resolution No. 2024-15
Exhibit "A"

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94 Item8.

GEI CONSUL TANTS, INC. | Page 30
RFP 24-08 | Construction Management Services for the Lake Wohlford Dam Replacement Project

COMMUNITY OUTREACH
We expect that the City will lead community outreach
eﬀorts for this Project, and the CM team will support as needed in a leadership and/or administrative capacity.

Jerry Reed and Steve Lindsay have extensive experience
with community outreach and leading town meetings to
address residentsʼ questions and concerns, and they are available to support the City in any way. Additionally, our CM team can provide administrative support for
community outreach, such as developing fliers and
managing websites.

COORDINATE WITH THE CITYʼS WATER TREATMENT
STAFF
We expect that the Cityʼs person in charge of the CM
services contract will be Randy Manns of the Utilities
Construction and Engineering Division, and it will be he whom we take formal direction from. Additionally, it will be beneficial to the Project if the CM team establishes direct communication with the Cityʼs Water Treatment
staﬀ to discuss, plan and execute activities that will aﬀect operations, such as system shutdowns, bypass set-up,
outlet works construction and start-up, and any necessary training. We will work with the City to define the points-of- contact and lines of communication and include these
details in the communications plan.

Task 2: Construction Phase Services

LEADING AND FACILITATING MEETINGS
The GEI CM team will lead or facilitate the following
meetings throughout the life of the Project:
• Preliminary meetings with City and City
representatives (designer, environmental
consultant, labor compliance consultant)
• Pre-construction meeting
• Pre-construction partnering session
• Weekly progress meetings with City and City
representatives
• Weekly progress meetings with contractor
• Preliminary and final walk-throughs
Meetings between diﬀerent team members will be
methodically managed and documented to make eﬀective
use of time in reaching decisions and determining
necessary actions. Meetings will be led by a senior
member of the CM team such as the Jerry Reed, Steve
Lindsay, or Aaron Trimm, with the oﬀice engineer Kody
Vandervort taking notes and subsequently circulating
those notes and the agenda for the next meetings. Our
documentation of meetings, particularly with the
contractor, will provide a useful administrative record for future reference.

CM CONTRACT ADMINISTRATION
GEIʼs CM contract administration activities will support our execution of CM services contract. Major activities include management of CM staﬀing, subconsultants and resources
to execute the CM scope of work, managing the CM
services budget, and meeting CM reporting requirements
eﬀiciently and eﬀectively. Lucy Vinnichenko will be the CM services contract administrator. Lucy will manage our subcontracts with our CM team partners and specialty
inspection firms. Lucy will review all incoming
subconsultant invoices and, once approved will compile
with GEIʼs fees and create a monthly CM services invoice to transmit to the City. With each invoice we will submit a burn rate spreadsheet based on the Cityʼs template, and a CM services monthly report.

ENSURE CONTRACTORʼS ADHERENCE TO THE

CONTRACT DOCUMENTS
As the Cityʼs construction manager, one of our primary
functions is to administer the Cityʼs contract with the contractor and hold the contractor accountable for
adhering to the contract requirements. Important areas of contract compliance include, but are not limited to:
• Safety management
• Construction quality control
• Schedule updates
• Payment applications
• Permit compliance
• Change management
O
ur CM plan will contain the CM teamʼs responsibilities, processes, and procedures for enforcing the construction contract, which we will develop in coordination with the City and the Cityʼs existing CM procedures.

Key to our enforcement of the construction contract will be formal correspondence in a timely manner. Steve
Lindsay will hold the contractor to the specified
requirements for submitting formal documentation,
requests and notices, and he will take direct responsibility for ensuring that the Cityʼs correspondence is equally
timely. In this way Steve will minimize the chances of
owner-caused delays.

PRE-CONSTRUCTION PARTNERING SESSION
The key staﬀ on our team have all taken part in partnering on large capital projects and agree that this is a necessary component to help ensure that communication is eﬀective within the team and that everyone has a goal to resolve issues during construction to eliminate and/or minimize claims. The scope of work provided in the RFP indicates a partnering session facilitated by the CM team to discuss any potential design related issues, preliminary RFIs, or other items that might expedite or promote a constructive start to construction. Jerry Reed will facilitate the
Attachment "A"

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Resolution No. 2024-15
Exhibit "A"

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95 Item8.

GEI CONSUL TANTS, INC. | Page 31
RFP 24-08 | Construction Management Services for the Lake Wohlford Dam Replacement Project partnering session, using his experience leading the
ownerʼs teams for the San Vicente Dam raise and
Olivenhain Dam projects to structure and manage the
meeting in a constructive and collaborative way. Prior to the partnering session, Jerry will meet separately with the City, design team, and contractor to gather initial topics to develop the agenda and brief each party on the purpose
of the meeting – to be collaborative and work together for a successful project start.

SUPPORT FOR ISSUE RESOLUTION AND CHANGE

MANAGEMENT
Eﬀective dispute resolution and change management are
critical to the management of dam construction. Aaron
Trimm will lead change management, under the
supervision of Steve Lindsay. A key element of our
approach will be an “issue resolution ladder. ” This will be detailed in our CM plan and is a formalized method of
working through issues, whereby disagreements or
disputes are to be resolved at the lowest possible level.

For example, an issue arising in the field must first be discussed between the on-site contractorʼs supervisor and the CMʼs lead inspector. Only if they are not able to resolve the issue will it be elevated to the CM. The goal of the issue resolution ladder is to minimize the number of formal
disputes.

If the contractor does transmit a formal request for a
change order, our construction contract administrator,
Aaron Trimm, will immediately review the request for
contractual merit and potential impacts, and then brief the CM, Steve Lindsay. Steve will inform the City of the request and at the same time provide a summary of the
CM teamʼs assessment of merit and impacts. The CM team
will then support the City in deciding upon a course of action, developing response documentation, and
negotiating with the contractor, if necessary.

REVIEW CONTRACTORʼS MONTHLY PROGRESS

PAYMENT
Our contract administrator, Aaron Trimm will receive the contractorʼs monthly payment request and work with the
resident engineer and oﬀice engineer to verify that the request conforms to the contract requirements and
accurately reflects the percentages and quantities of the work performed. Aaron will not accept the payment
request until it is accurate and compliant, at which point he will pass to the CM, Steve Lindsay to review before
submitting to the City with a recommendation for
payment.

PUNCH LISTS, START-UP AND CLOSEOUT
As part of our duties with managing and facilitating the preliminary and final walk-throughs, we will assemble a complete Project punch list, oversee start-up and testing, and guide the Project through close-out. Our QA manager, Mike Jubran, will confirm all deliverables have been
reviewed, approved, and submitted to appropriate City
staﬀ. Mike will work with our start-up and commissioning coordinator, Jay Losofsky, to ensure that the contractor provides all necessary O&M Manuals and will facilitate any necessary training for City Water Treatment staﬀ to
operate the new facilities. An important element of Project close-out is to track and verify all releases have been obtained from contractors, subcontractors, and vendors
for preliminary notices that have been filed against the Project.

Task 3: Quality Assurance Inspection

ENSURE THAT QA IS EXECUTED, AND MONITOR

CONTRACTOR COMPLIANCE WITH SPECIFICATIONS AND

DRAWINGS
GEI will develop and implement a specific and
comprehensive construction QA program for the Project,
with the goal of assuring that all contract requirements are met. In pre-construction our QA manager and resident engineer, Mike Jubran, will develop our CQA plan for the City, designer, and DSOD to review and approve. The CQA plan will be based upon the design drawings,
specifications, and relevant City standards, and will be aimed at providing oversight and assurance of the
contractorʼs CQC plan. More details of our QA program and plan are provided in Section 3.

MONITOR PERMIT CONDITIONS
We will monitor and ensure all Project permits, including encroachment permits, are operating with active
expiration dates prior to advertising the project for bid.

During constructability review, we will ensure that permit requirements are included in the contract documents, and during construction we will work with the Cityʼs
environmental consultant to enforce requirements.

ENSURE ENVIRONMENTAL COMPLIANCE
The sensitive cultural and environmental resources in the vicinity of Lake Wohlford require diligent cultural and environmental monitoring, which will be performed by
another City consultant.

Our CM team will coordinate with the e
nvironmental
consultant in pre-construction to establish the Project monitoring and oversight requirements, and then
coordinate through construction to schedule all necessary monitoring to keep the work on track and in line with the permit requirements. When needed, we will enforce
directives and corrective actions required of the
contractor to maintain permit compliance.

Attachment "A"

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Resolution No. 2024-15
Exhibit "A"

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96 Item8.

GEI CONSUL TANTS, INC. | Page 32
RFP 24-08 | Construction Management Services for the Lake Wohlford Dam Replacement Project MONITOR CONTRACTORʼS SCHEDULE
Our contract administrator, Aaron Trimm, supported by
our scheduler, Autumn Childers, will receive and analyze the contactorʼs monthly schedule update, which will be
compared to the approved baseline schedule. If the
contractor falls behind schedule, Aaron will request that a recovery schedule be provided detailing how the
contractor will bring the project back on schedule.

Aaron and Autumn will hold a pre-construction scheduling conference with the contractor to review the Project
schedule requirements. A primary goal of this meeting is to help the contractor more eﬀiciently develop an
acceptable baseline schedule.

Task 4: Document Control and Record
Keeping
CONFORM TO THE CITYʼS SECURE FILE TRANSFER

PROTOCOL (SFTP)
We will comply with the Cityʼs SFTP by placing all project documentation, in the necessary templates and formats
and with necessary timeliness, onto the Cityʼs SFTP so
that they can be accessed as and when needed by City
staﬀ. We will look for the City to provide us the Cityʼs CM Manual, which will detail the Cityʼs filing plan and
document management requirements. Our full-time
document controller, Heather Geren, will take
responsibility for SFTP compliance.

IMPLEMENT A DOCUMENT CONTROL PLAN AND SYSTEM
In addition to fulfilling the Cityʼs SFTP , the GEI CM team proposes to use Procore as a CM document control
system for the project that is accessible and usable by all Project team members. GEI has used Procore on similar
projects and found it to be a useful tool. Heather Geren will develop our protocols for the use of the Procore
system, including the management of:
• CM daily field reports
• Contractor QC reports
• CM QA reports and special inspections reports
• Meeting minutes
• Red line drawings
• Formal correspondence
• RFIs and submittals

QUARTERLY CM REPORTS
As specified in the RFP , GEI will provide quarterly CM reports to the City that provide a summary of the project status and a look-ahead to upcoming activities. We will develop the format and the desired content of the reports in discussion with the City, and we expect to include:
• Project cost and schedule status
• Safety updates
• Construction activities
• QA activities and non-compliance issues
• Submittals and RFIs in process
• Environmental compliance status and issues
• Change management log
• Risk management status

LABOR COMPLIANCE
This project will be governed by state and federal
prevailing wage laws. Our labor compliance specialist,
Michalle Beringhaus, will ensure that that CM team is
compliant and coordinate with the Cityʼs labor compliance consultant to provide all necessary documentation.

Michalle can also support the oversight of the contractorʼs prevailing wage compliance. Michalleʼs plan of action
begins in pre-construction and extends through closeout:

PRE-CONSTRUCTION
• Clarify scope with the City.
• Determine applicable laws and regulations.
• Meet with City and labor compliance consultant,
and separately meet with CM subconsultants and
the contractor, to establish responsibilities and
workflows.
• Gather required documentation such as DAS forms,
Authorization for Deductions, Craft Lists and Fringe
Benefit Statements.

CONSTRUCTION
• Skilled and Trained Workforce Program, enforced
under Assembly Bill (AB) 3018.
• Certified pay
roll and spot checking, using the DIR
eCPR system.
• Compliance reporting and notifications.

PROJECT CLOSEOUT
• Procedures can vary by subcontractor or
subconsultant. We will discuss the Cityʼs preference
for close out procedures before implementing
them.

Task 5: Subcontract Management
(Special Inspection Services)
Our CM team includes all necessary subconsultants and
resources to provide the special inspections, surveying, laboratory testing and blasting oversight that this Project is expected to require. Our CM services contract
administrator, Lucy Vinnichenko, will manage our
subconsultant contracts for these services, and our QA
manager and RE, Mike Jubran, will schedule the
necessary services as the work progresses. Michalle
Beringhaus, our labor compliance specialist, will monitor our subconsultantsʼ compliance with prevailing wage laws and provide necessary documentation to the Cityʼs labor compliance consultant.

Attachment "A"

Page 10 of 172 ends

Resolution No. 2024-15
Exhibit "A"

Page 18 of 184 ends

97 Item8.

Page 1 of 4 ends

City of Escondido Utilities Construction and Engineering Department Proposal for Construction Management Services for the Lake Wohlford Dam Replacement Project Section 7. Updated Fee Estimate and Schedule
GEI Consultants, Inc. January 11, 2024
Duration
(
Calendar Days)
Duration
(Working Days) Start Finish
Feb-24
Mar-24
Apr-24
May-24
Jun-24
Jul-24
Aug-24
Sep-24
Oct-24
Nov-24
Dec-24
Jan-25
Feb-25
Mar-25
Apr-25
May-25
Jun-25
Jul-25
Aug-25
Sep-25
Oct-25
Nov-25
Dec-25
Jan-26
Feb-26
Mar-26
Apr-26
May-26
Jun-26
Jul-26
Aug-26
Sep-26
Oct-26
Nov-26
Dec-26
Jan-27
Feb-27
Mar-27
Apr-27
May-27
Jun-27
Jul-27
Aug-27
Sep-27
Oct-27
Nov-27
Dec-27
Jan-28
Feb-28
Total Project 1,417 1,012 2/1/2024 12/19/2027
Preconstruction 150 107 2/1/2024 6/30/2024
89 64 2/1/2024 4/30/2024
89 6
4 2/1/2024 4/30/2024
89 64 2/1/2024 4/30/2024
89 64 2/1/2024 4/30/2024
60 43 5/1/2024 6/30/2024
150 107 2/1/2024 6/30/2024
Construction 98 7 706 2/3/2025 10/18/2027
87 64 2/3/2025 5/1/2025
27 2
0 4/4/2025 5/1/2025
446 319 4/4/2025 6/24/2026
369 264 5/30/2025 6/3/2026
55 40 4/9/2026 6/3/2026
167 120 6/4/2026 11/18/2026
97 70 11/19/2026 2/24/2027
13 10 12/3/2026 12/16/2026
104 75 11/12/2026 2/24/2027
27 20 12/24/2026 1/20/2027
97 70 2/11/2027 5/19/2027
62 45 2/25/2027 4/28/2027
13 10 4/29/2027 5/12/2027
6 5 2/25/2027 3/3/2027
34 25 3/25/2027 4/28/2027
41 30 4/8/2027 5/19/2027
4 3 5/20/2027 5/24/2027
0 1 9/21/2027 9/21/2027
27 20 5/20/2027 6/16/2027
122 87 5/21/2027 9/20/2027
27 20 9/21/2027 10/18/2027
61 44 10/19/2027 12/19/2027
128 93 10/19/2027 2/24/2028
12 9
10/19/2027 10/31/2027
61 44 10/19/2027 12/19/2027
Feb-24
Mar-24
Apr-24
May-24
Jun-24
Jul-24
Aug-24
Sep-24
Oct-24
Nov-24
Dec-24
Jan-25
Feb-25
Mar-25
Apr-25
May-25
Jun-25
Jul-25
Aug-25
Sep-25
Oct-25
Nov-25
Dec-25
Jan-26
Feb-26
Mar-26
Apr-26
May-26
Jun-26
Jul-26
Aug-26
Sep-26
Oct-26
Nov-26
Dec-26
Jan-27
Feb-27
Mar-27
Apr-27
May-27
Jun-27
Jul-27
Aug-27
Sep-27
Oct-27
Nov-27
Dec-27
Jan-28
Feb-28
94% 1,870 $526,458
Preconstruction Manager GEI Jerry Reed 22% ST 90 90 90 90 60 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 420 $320.85 $134,755 CM Services Contract
Administrator GEI Lucy
Vinnichenko 11% ST 60 60 30 30 30 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 210 $124.24 $26,090 CM Plan Developer GEI Steve Lindsay 13% ST 60 60 60 30 30 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 240 $265.42 $63,701 QA Plan Developer GEI Michel Jubran 6% ST 40 40 40 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 120 $276.04 $33,125 Risk Manager GEI Arun Parsons 0% ST 20 20 20 60 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 120 $277.35 $33,281 DSOD Advisor GEI David Gutierrez 1% ST 4 4 4 4 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 20 $315.22 $6,304 Contractor Pre-Qual and Bid
Support Brady Wade Griffis 11% ST 40 40 40 40 40 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 200 $321.84 $64,368 Contractor Pre-Qual and Bid
Support GEI Rob Fill 11% ST 40 40 40 40 40 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 200 $278.45 $55,690 Constructability Reviewer GEI Rob Fill 4% ST 60 20 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 80 $278.45 $22,276 Constructability Reviewer GEI Michel Jubran 4% ST 60 20 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 80 $276.04 $22,083 Constructability Reviewer MPauletto Mike Pauletto 4% ST 60 20 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 80 $437.22 $34,977 Constructability Reviewer Kenny CS Mike Kenny 2% ST 30 10 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 40 $319.41 $12,776 Constructability Reviewer Kleinfelder Chad Davis 2% ST 30 10 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 40 $321.84 $12,874 Labor Compliance Specialist Kleinfelder Michalle
Beringhaus 1% ST 20 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 20 $207.86 $4,157 Straight Time;
Over Time;
Double Time
2 Added
Months
***
Fee
2024-27
Average Unit
Rate
****
Total Units
Close Out **Preconstruction Construction Phase
% of Hours by
PhasePersonnelFirmRole
2 hours per each of 8 CM firms to set up and have a kick-off meeting for labor compliance. 4 hours to meet and coordinate with City's labor compliance consultant.
30 hours in first month for more targeted review of contract documents (QA/QC and RCC), documenting comments. 10 hours in second month for meetings, discussion, follow up with designer. 30 hours in first month for more targeted review of contract documents (outlet works), documenting comments. 10 hours in second month for meetings, discussion, follow up with designer.

Approximately quarter-time through preconstruction for support of contractor prequalificaiton and bidding.

Minor hours for as-needed internal guidance and attendance at external meetings.

Quarter time for first three months to develop QA Plan, in coordination with Designer and City. 60 hours in first month for comprehensive review of contract documents, documenting comments. 20 hours in second month for meetings, discussion, follow up with design team. 60 hours in first month for comprehensive review of contract documents, documenting comments. 20 hours in second month for meetings, discussion, follow up with design team. 60 hours in first month for comprehensive review of contract documents, documenting comments. 20 hours in second month for meetings, discussion, follow up with design team.

Approximately quarter-time through preconstruction for support of contractor prequalificaiton and bidding.

Contractor Bid Process, Award
Grouting: consolidation, stitch, curtain
Foundation excavation, foundation preparation and acceptance Phase 1 flow bypass
Mob, site development, access roads, ECM etc.

A little under half-time. Somewhat front-loaded for development of CM plans, constructability reviews and contractor prequal. Includes time to attend meetings and coordinate with other City departments and consultants.

Assumptions
Constructability Reviews, Finalize contract documents
Contractor Pre-Qualification
Risk Management Plan and Risk Register
Assist with Community Outreach, Coordinate with City's other Departments and Consultants Early construction (Risk Management, contractor partnering and kickoff, early submittals, Procore setup etc.) Initial effort to draft Risk Management Plan, hold initial risk workshop, develop initial risk register and risk report.

Pre-construction
Construction Management Plan (with responsibility matrix, comms plan etc.) A little under half time in early months to develop CM Plans, in coordination with the City. Tapers toward end of preconstruction assuming plans are approved by the City.

Construction Report
Process Final Payment
Post-Construction RCC lab testing
Closeout
Cleanup, hydroseed, demob
Abandon/demo existing works: penstock, tower, dam
Access roads, storm drainage systems
Test tower gates
Test dam facilities
Electrical, I&C, dam monitoring
Remaining penstock, emergency release valve
Install Pedestrian bridge
HVAC and lighting in gallery
Drill gallery drains
Attachment "A"

Page 11 of 172 ends

Resolution No. 2024-15
Exhibit "A"

Page 19 of 184 ends

98 Item8.

Page 2 of 4 ends

Minor hours after mobilization for as-needed internal guidance.

Time to thoroughly review design documents and schedule and develop the CM Safety Plan. 1 day per month through construction to visit site and observe implemented safety measures, and to discuss any near-misses or safety incidents as they happen.

Through construction 5 days each quarter to prepare for and facilitate Risk Register update workshop, update the risk register, risk report. Does not include Monte Carlo analysis.

Full time throughout, as specified in RFP. Based on site. Early construction involvement to set up Procore.

Half-time throughout. Based on site. Half-time assumes that the contractor is easy to work with, that there is minimal back-and-forth on submittals and RFIs, and that there are minimal change orders. 2 days per month for monthly payment request review and project cost updates. Assumes that the contractor is easy to work with, that there is minimal back-and-forth on payment applications, and that there are minimal change orders.
24-hours per month to manage CM teams labor compliance (average 3 hours each per 8 firms). 2 days per month for monthly schedule reviews and updates. Assumes that the contractor is easy to work with, that there is minimal back-and-forth on schedule updates, and that there are minimal change orders.

Prevailing Wage Role.

Assume 40 hours per week. Assume no overtime - extended shifts, weekend or night work.

Not involved during site setup' excavation and foundation grouting (see Lead Geotech Inspector). Not involved in Batch plant, conveyor, lab setup (RE covers). Joins project full time for at RCC test placement, stays through dam construction to completion.

Equivalent of 2 days per month to manage CM subconsultant and special inspection subcontracts, and CM invoicing to the City including burn rate spreadsheet and status report.

Quarter-time through early construction. Full time from mobilization to completion. Based on site. Regular work week of 40 hrs.

Equivalent of 1 day per week to stay in regular touch with the City and the CM team, oversee the project and the CM services.

Minor effort in early months to review M/E/I&C submittals and other submittals related to startup, and to establish communications with City Water Treatment staff. No involvement through excavation and dam construction. Ramps up involvement in months leading up to start-up to ensure good planning. Max effort is half time in months during which start-up and testing are taking place.

Minor effort in early months to review outlet works-related submittals. No involvement through excavation and dam construction. Varying between quarter-time and half-time in later stages of project to oversee outlet works construction and startup.

Full time on site through site preparation, excavation, grouting, dam construction. Not present at later stages of project when outlet works RE takes over for outlet works construction and startup. Assumes 40-hr work week.

Half-time throughout. Based on site. Assumes that the contractor is easy to work with, that there is minimal back-and-forth on submittals and RFIs, and that there are minimal change orders.

Minor hours for as-needed guidance to the project team.

Construction Management
Attachment "A"

Page 12 of 172 ends

Resolution No. 2024-15
Exhibit "A"

Page 20 of 184 ends

99 Item8.

Page 3 of 4 ends

RCC trial placement and report, DSOD approval
Gallery and adit construction
Build intake tower
Install penstock through new dam
RCC placement for dam
Stilling basin, training walls, top of dam
RCC batch plant, conveyor, on-site lab setup
Construction Schedule
From Black & Veatch 12-19-2021
Assumptions
Constructability Reviews, Finalize contract documents
Contractor Pre-Qualification
Risk Management Plan and Risk Register
Assist with Community Outreach, Coordinate with City's other Departments and Consultants Early construction (Risk Management, contractor partnering and kickoff, early submittals, Procore setup etc.) Construction Management Plan (with responsibility matrix, comms plan etc.) Construction Report
Process Final Payment
Post-Construction RCC lab testing
Closeout
Cleanup, hydroseed, demob
Abandon/demo existing works: penstock, tower, dam
Access roads, storm drainage systems
Test tower gates
Test dam facilities
Electrical, I&C, dam monitoring
Remaining penstock, emergency release valve
Install Pedestrian bridge
HVAC and lighting in gallery
Drill gallery drains
97% 13,562 $3,846,232
ST - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 120 40 - - - - - - - - - 160 $257.11 $41,137 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $312.52 $0 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $367.93 $0 ST - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 80 - - - 172 40 - - - - - - - - - 292 $262.74 $76,721 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $319.37 $0 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $375.99 $0 ST - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 50 20 - - - - - - - - - 70 $257.11 $17,998 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $312.52 $0 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $367.93 $0 ST - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $240.56 $0 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $337.42 $0 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $414.56 $0 ST - - - - - - - - - - - - 172 172 172 172 172 172 172 172 172 172 172 172 172 172 172 172 172 - - - - - - - - - - - - - - - - - - - - 2,924 $262.91 $768,747 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $306.75 $0 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $376.88 $0 ST - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 172 172 172 172 172 172 - - - - - - - - - 1,032 $240.56 $248,260 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $337.42 $0 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $414.56 $0 ST - - - - - - - - - - - - - - - - - - - - - - - - - - - - 84 - - - - 84 168 168 168 - - - - - - - - - - - - 672 $240.56 $161,658 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - 42 - - - - 42 84 84 84 - - - - - - - - - - - - 336 $337.42 $113,374 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $414.56 $0 ST - - - - - - - - - - - - - - - - - - - - - - - - - - - - 84 - - - - 84 168 168 168 - - - - - - - - - - - - 672 $240.56 $161,658 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - 42 - - - - 42 84 84 84 - - - - - - - - - - - - 336 $337.42 $113,374 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $414.56 $0 ST - - - - - - - - - - - - - - - - - - - - - - - - - - - - 84 - - - - 84 168 168 168 - - - - - - - - - - - - 672 $240.56 $161,658 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - 42 - - - - 42 84 84 84 - - - - - - - - - - - - 336 $337.42 $113,374 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $414.56 $0 ST - - - - - - - - - - - - - - - - - - - - - - - - - - - - 84 - - - - 84 168 168 168 - - - - - - - - - - - - 672 $240.56 $161,658 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - 42 - - - - 42 84 84 84 - - - - - - - - - - - - 336 $337.42 $113,374 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $414.56 $0 ST - - - - - - - - 20 - - - - - - - - - - - - - - - - - 80 80 84 40 40 40 40 84 168 168 168 172 172 172 40 40 40 40 40 - - - - 1,728 $234.72 $405,602 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - 42 - - - - 42 84 84 84 - - - - - - - - - - - - 336 $330.13 $110,922 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $404.83 $0 ST - - - - - - - - - - - - - - - - - - - - - - - - - - - - 84 - - - - 84 168 168 168 - - - - - - - - - - - - 672 $234.72 $157,734 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - 42 - - - - 42 84 84 84 - - - - - - - - - - - - 336 $330.13 $110,922 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $404.83 $0 ST - - - - - - - - - - - - - - - - - - - - - - - - - - - - 84 - - - - 84 168 168 168 - - - - - - - - - - - - 672 $234.72 $157,734 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - 17 - - - - 17 34 34 34 - - - - - - - - - - - - 136 $330.13 $44,897 DT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $404.83 $0 Materials Manager Kleinfelder Chad Davis 2% ST - - - - - - - - - - - - - - - - - - - - - - - - - - 16 16 16 16 16 16 16 16 16 16 16 16 16 8 8 8 8 8 8 - - - - 256 $321.84 $82,391 Blasting Specialist EROCK Eric Bennett 2% ST - - - - - - - - - - - - - - - - - - 40 40 40 40 40 40 40 40 - - - - - - - - - - - - - - - - - - - - - - - 320 $303.62 $97,159 Inspector Shop Inspections Kleinfelder Vance Sanford 1% ST - - - - - - - - - - - - - - 20 - - 20 - - 20 - - 20 - - 20 - - 20 - - 20 - - 20 - - - - - - - - - - - - - 160 $257.11 $41,137 SWPP - Project Manager R3X Group Scott Berkebile
PM 0% ST - - - - - - - - - - - - 13 2 2 2 2 2 2 2 2 2 6 2 2 2 2 2 2 2 2 2 2 2 6 2 2 2 2 2 2 2 2 2 13 - - - - 2 2 100 $182.17 $ 18,217 SWPP - BMP Inspections R3X Group Scott Berkebile
Insp 1% ST - - - - - - - - - - - - 6 6 6 6 6 6 6 6 6 18 18 18 18 6 6 6 6 6 6 6 6 18 18 18 18 6 6 6 6 6 6 6 18 - - - - 6 6 318 $133.59 $ 42,483 SWPP - BMP/QSD Inspection R3X Group Scott Berkebile
PM 0% ST - - - - - - - - - - - - - 3 - - - - - - 3 - - - - 3 - - - - - - 3 - - - - 3 - - - - - 3 - - - - - 18 $182.17 $ 3,279 Lump Sum - - - - - - - - - - - - 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 - - - - 2 $14,966 $29,931 Lump Sum - - - - - - - - - - - - - - - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 - - - - - - - - - - - - 22 $13,220 $290,836 O'Day
ConsultingQA Site Surveying
Lab Technician
Prevailing Wage Group 1 Kleinfelder Jacob Cruz 6%
BMP and SWPP compliance inspections by QSD. Assume 1 at start of construction then 2 per year (6 total) at 3 hours each.

Biweekly QSP site inspections. Assume 70 total inspections at 3 hours each.

Rain event inspections. Assume 30 rain event inspections at 3 hours each.

Review contractor's plan and any ammendments; set up project in SMARTS; attend project meetings; prepare Annual and Ad Hoc Reports; prepare and Review Notice of termination Initial aerial survey to independently confirm baseline site topography and control points. Final survey to independently confirm as-built works for as-built documentation.

Actual needs will depend on contractor's procurement plan. We assume 8 factory inspections each requiring 20 hours to study spec requirements, travel, inspect and report.

Actual needs will depend on contractors excavation and blasting plan. We assume 40 hours per month during mid stage of excavation to review blasting plans, and monitor blasting. 4 hours per week for oversight of lab tech services, review of deliverables etc., reducing to 2 hours per week after end of RCC and concrete work.

Prevailing Wage Role. Materials testing requirements to be confirmed with designer. For this estimate we assume:

Lab Setup:
· 1 lab tech works half time overseeing batch plant and lab setup prior to trial placement.

RCC Test Placement & Dam Construction:
· RCC placement is continuous for 6 days/week Mon-Sat.
· 2 x 10-hour placement shifts and 1 x 4-hour maintenance shift each day. · CM will have a 3-person lab tech team: 1 on each of the two 10-hour shift, and 1 on an 8-hour swing shift Concrete Work after Dam:
· 1 lab tech works full time after RCC completion until other concrete works are completed: tower, stilling basin, dam parapet.

Lab Testing Outside of RCC or Concrete Work
· Lab tech works 10 hours per week between trial placement and dam construction, to manage testing and reporting of trial placement performance.
· Lab Tech. works 10 hours per week through end of construction.

Lab Technician
Prevailing Wage Group 1 Kleinfelder
0%
22%
8%
7%
7%
15%
7%
7%
7%
Mike Magana
Lab Technician
Prevailing Wage Group 1 Kleinfelder Geoff Swink
Inspector RCC
Prevailing Wage Group 2 Kleinfelder Edmond
Jabbour
Inspector RCC
Prevailing Wage Group 2 Kleinfelder TBD RCC
Inspector
Inspector RCC
Prevailing Wage Group 2 Kleinfelder Derick London
Inspector RCC
Prevailing Wage Group 2 Kleinfelder Bob Frazer
Inspector Geotech
Prevailing Wage Group 2 GEI Enrico Rufini
Inspector Concrete
Prevailing Wage Group 2 Kleinfelder Randy Lewis
Inspector Structural
Prevailing Wage Group 2 Kleinfelder Randy Lewis
Kenny CSInspector E/M/I&C
Prevailing Wage Group 2
Inspector Welding & Coatings
Prevailing Wage Group 2 Kenny CS Jeff Edwards
Jay Losovsky
Inspector Cathodic Protection
Prevailing Wage Group 2 Kenny CS Mark Bell
1%
2%
1%
Prevailing Wage Role. RCC work plan to be confirmed with designer and contractor. For this estimate we assume:
· RCC placement is continuous for 6 days/week Mon-Sat.
· 2 x 10-hour placement shifts and 1 x 4-hour maintenance shift each day. · CM will have a 4-person inspection team: 2 inspectors per 10-hour shift (The lead Inspector Civil & RCC detailed above will cover the 4-hour shift)
· Early effort in February 2026 is the trial placement which will take approximately 2 weeks to construct.

Prevailing Wage Role. Assume 40 hours per week. Assume no overtime - extended shifts, weekend or night work. On-site from start of intake tower through to end of all structural concrete work.

Prevailing Wage Role. Assume 40 hours per week. Assume no overtime - extended shifts, weekend or night work.On-site from NTP through to end of excavation and grouting.

Prevailing Wage Role. Assume not needed. Assume concrete inspector can cover inspection of bridge abutments and bridge installation.

Prevailing Wage Role. 10 hours per week during cathodic construction, assumed to be during E/M/I&C construction (not detailed in schedule).

Prevailing Wage Role. Full time during penstock construction (2 weeks first penstock activity; 5 weeks second penstock activity)
Prevailing Wage Role. 20 hours per week during E/M/I&C construction.

Geotechnical Testing and Special Inspections
Attachment "A"

Page 13 of 172 ends

Resolution No. 2024-15
Exhibit "A"

Page 21 of 184 ends

100
Item8.

Page 4 of 4 ends

Assume that GEI will rent 3 pickup trucks to be kept on site and used by the CM team through construction.

A
ssume rental is $1,500/mo. per vehicle. CM staff would use personal vehicles to get to and from the site; these rentals stay on site. Specialty inspection subconsultants are expected to have their own trucks to be used on site, and are included in their billing rates.

Out of town travel includes: the blasting specialist during excavation to observe blasting setup and execution (16 trips); the Risk Manager for quarterly trips to the site to facilitate risk workshops (10 trips); As-needed trips Sr. Advisors to visit site or attend workshops (8 trips). $1,200 per person per trip is assumed to cover airfare, 1 night in a hotel, sundries.

Rough estimate of combined monthly mileage by CM team members driving from their local offices or homes (whichever is closer) to the project site for work.

GEI proposes Procore as the project CMIS, GEI would purchase a project-specific license. Estimate based on $1,000 per year per $1M of construction value. 1st year of construction = $85,000; 2nd year $65,000; 3rd year = $30,000
1%
Assume contractor's on-site lab is demobilized at end of construction which is 8 months after final RCC placement.

Assume DSOD requires 360-day strength testing, which would extend testing for an additional 4 months after end of construction.

Assume this 4 months of testing is performed off-site at Kleinfelder lab. Assume 3 concrete breaks per day (90 per month) over 4 months.

Lab Technician
Prevailing Wage Group 1 Kleinfelder Mike Magana Lab Tech. works 10 hours per week for 4 months after end of construciton (12 months after RCC completion) supporting longer-term testing of RCC samples.
2 hours per 8 each CM firms to close out documentation.

Full time to support the completion of all outstanding paperwork and the Construction Report.

Half time to support the completion of all outstanding paperwork and the Construction Report.

Half time to close out outstanding change orders and support the development of the final payment. Assumes no major outstanding changes.

Equivalent of 2 days per month to manage CM subconsultant contracts, CM invoicing to the City, CM monthly reporting.

Full time. Leading the development of the Construction Report and Contract Closeout activities.

Equivalent of 2 days per week to stay in regular touch with the City and the CM team, oversee project closeout, review documentation.

Close Out
Other Direct Costs (ODC)
2 hours per week in post-construction to oversee post-construction lab testing.

Attachment "A"

Page 14 of 172 ends

Escondido City CouncilFebruary 28, 2024

Escondido City Council
February 28, 2024