Escondido City Council
May 7, 2025

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, MAY 07, 2025
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
Consuelo Martinez (District 1)

COUNCILMEMBERS
Joe Garcia (District 2)
Christian Garcia (District 3)
Judy Fitzgerald (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.gov 1 Wednesday, May 07, 2025

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 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, May 07, 2025

CLOSED SESSION
4:00 PM

CALL TO ORDER

1. Roll Call: Fitzgerald, C. Garcia, J. Garcia, Martinez, 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: Teamsters Local 911, Maintenance and Operations Bargaining Unit and Administrative / Clerical / Engineering Bargaining Unit b. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido City Employees’ Association, Supervisory Bargaining Unit

ADJOURNMENT

3 Wednesday, May 07, 2025

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 the selection of speakers for this portion of the agenda, and does not endorse or sanction any remar ks 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: Fitzgerald, C. Garcia, J. Garcia, Martinez, White

PROCLAMATIONS
Drinking Water Week and Water Awareness Month
Professional Municipal Clerks Week: May 4th - May 10th, 2025

CLOSED SESSION REPORT

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.

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) 4 Wednesday, May 07, 2025

2. APPROVAL OF WARRANT REGISTER
Request the City Council and Housing Successor Agency warrants issued between April 7, 2025 to April 27, 2025
Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance)

3. APPROVAL OF MINUTES: None

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. CONTINUING THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN Request the City Council adopt Resolution No. 2025-38, declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main.

Staff Recommendation: Approval (Utilities Department: Angela Morrow, Director of Utilities) Presenter: Kyle Morgan, Assistant Director of Utilities, Wastewater a) Resolution No. 2025-38

6. FIRST AMENDMENT TO GLENN A. RICK ENGINEERING AND DEVELOPMENT CO. IN THE AMOUNT OF $125,000 FOR ON-CALL PLANNING SERVICES
Request the City Council approve the First Amendment to the Consulting Services Agreement with Glenn A. Rick Engineering and Development Co. in the amount of $125,000 for On-call Planning Services.

Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Veronica Morones, City Planner
a) Resolution No. 2025-37

5 Wednesday, May 07, 2025

7. REQUEST APPROVAL FOR CONTRACT AMENDMENT TO THE CONSULTING AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC. FOR THE JOHN MASSON MEMORIAL BIKE PARK PROJECT Request the City Council adopt Resolution No. 2025-46, authorizing the Mayor, on behalf of the City, to execute Amendment No. 2 to the consulting services agreement with Kimley Horn and Associates, Inc. for project management, and design services in the amount of $65,525.

Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services and Jonathan Schauble, City Engineer) Presenter: Michael Tully, Project Manager
a) Resolution No. 2025-46

8. APPROVE CONTRACT AMENDMENTS FOR THE CITRACADO PARKWAY EXTENSION PROJECT Request the City Council adopt Resolution No. 2025-44 authorizing Amendment 9 to the consultant contract with Perennial Environmental I, LLC., in the amount of $260,190.84, and Resolution No. 2025- 45 authorizing Amendment 8 to the consultant contract with TY Lin International in the amount of $98,220 for the Citracado Parkway Extension Project (“Project”).

Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services and Jonathan Schauble, City Engineer) Presenter: Matthew Souttere, Project Manager
a) Resolution No. 2025-44
b) Resolution No. 2025-45

CONSENT RESOLUTIONS AND ORDINANCES (COUNCIL/RRB)
The following Resolutions and Ordinances were heard and acted upon by the City Council/RRB at a previous City Council/Mobilehome Rent Review meeting. (The title of Ordinances listed on the Consent Calendar are deemed to have been read and further reading waived.)

9. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, APPROVING THE 2024 OMNIBUS ZONING CODE UPDATE THAT AMENDS VARIOUS ARTICLES OF THE ESCONDIDO

ZONING CODE AND ONE AMENDMENT TO THE ESCONDIDO SUBDIVISION ORDINANCE Approved on April 9, 2025 with a vote count of 5/0.
a) Ordinance No. 2025-01 (Second Reading and Adoption)

6 Wednesday, May 07, 2025

CURRENT BUSINESS

10. BATTERY ENERGY STORAGE SYSTEMS WITHIN THE CITY OF ESCONDIDO Request the City Council receive the informational presentation provided by staff and provide direction to staff on next steps related to (1) Development of regulation (if any) surrounding battery energy storage systems; (2) The in-place interim urgency ordinance prohibiting new commercial battery energy storage systems.

Staff Recommendation: Receive and File (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Veronica Morones, City Planner

11. BOARD AND COMMISSION INTERVIEWS
Request the City Council conduct interviews of applicants to fill vacancies on the City's Boards and Commissions.

Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk

FUTURE AGENDA

12. 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 REPORT
The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development.

7 Wednesday, May 07, 2025

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.

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, May 14, 2025 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, May 21, 2025 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 May 7, 2025

A F F I D A V I T S

OF

I T E M

P O S T I N G – NONE
9 Item1.

STAFF REPORT

May 7, 2025
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER

DEPARTMENT
Finance

RECOMMENDATION
Approval for City Council and Housing Successor Agency warrants issued between April 7, 2025 to April 27, 2025
Staff Recommendation: Approval (Finance Department: Christina Holmes) ESSENTIAL SERVICE – Internal requirement per Municipal Code Section 10 COUNCIL PRIORITY –

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

Dates 04/07/2025 to 04/27/2025
Total $10,191,110.22
Number of Warrants 670

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 May 7, 2025

A P P R O V A L

O F

M I N U T E S

11 Item3.
12 Item4.

STAFF REPORT

May 7, 2025
File Number 1330-85

SUBJECT

CONTINUING THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN

DEPARTMENT
Utilities Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2025-38, declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. The Resolution, which must be passed by four - fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property.

Staff Recommendation: Approval (Utilities: Angela Morrow, Director of Utilities) Presenter: Kyle Morgan, Assistant Director of Utilities, Wastewater ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Sewer COUNCIL PRIORITY –Improve Public Safety

FISCAL ANALYSIS
Funding for the Emergency Repair of the Escondido Trunk Sewer Main is available in the Wastewater Capital Improvement Project (“CIP”) budget for Sewer Trunk Main, CIP No. 801913.

PREVIOUS ACTION
On June 26, 2024, the City Council adopted Resolution No. 2024 -86, ratifying Proclamation No. 2024-02, affirming that it was appropriate for City staff to forego competitive bidding procedures and work with contractors for the necessary emergency repair of the failing trunk sewer main.

On July 10, 2024, the City Council adopted Resolution No. 2024 -94, reaffirming that there was a need to continue efforts toward emergency repair of the failing trunk sewer main.

On July 17, 2024, the City Council adopted Resolution No. 2024-103, reaffirming that there was a need to continue efforts toward emergency repair of the failing trunk sewer main. 13 Item5.

On July 23, 2024, a Public Improvement Agreement with CCL Contracting, Inc. was executed for the emergency repair of Section 2, from Beech Street to Grape Day Park, on a time and materials basis in an amount not to exceed $10,240,691.

On August 7, 2024, the City Council adopted Resolution No. 2024-106, reaffirming that there was a need to continue efforts toward emergency repair of the failing trunk sewer main. In addition, City Council approved a budget adjustment in the amount of $12,036,225 to fund the emergency repair of the failing trunk sewer main, consisting of $7,036,225 from the unallocated Wastewater Reserves and $5,000,000 from Capital Improvement Project No. 801508, Recycled Easterly Ag MFRO.

On August 21, 2024, a P ublic Improvement Agreement with J.R. Filanc Construction Company was executed for the emergency repair of Section 1, Ash Street from the Firestone Complete Auto Care parking lot to the Walmart Neighborhood Market parking lot, on a time and materials basis in an amount not to exceed $1,795,534.

On August 28, 2024, the City Council adopted Resolution No. 2024-117, reaffirming that there was a need to continue efforts toward emergency repair of the failing trunk sewer main.

On September 11, 2024, the City Council adopted Resolution No. 2024-131, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On October 2, 2024, the City Council adopted Resolution No. 2024-141, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On October 23, 2024, the City Council adopted Resolution No. 2024 -146, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On November 20, 2024, the City Council adopted Resolution No. 2024-162, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On December 4, 2024, the City Council adopted Resoluti on No. 2024 -178, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On January 8, 2025, the City Council adopted Resolution No. 2025 -03, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On January 29, 2025, the City Council adopted Resolution No. 2025-06, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On February 19, 2025, the City Council adopted Resolution No. 2025-08, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer line. 14 Item5.

On March 19, 2025, the City Council adopted Resolution No. 2025 -14, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer line.

On April 2, 2025, the City Council adopted Resolution No. 2025 -19, reaffirming that there was a need to continue efforts toward the emergency repair for the failing trunk sewer line.

On April 16, 2025, the City Council adopted Resolution No. 2025-30, reaffirming that there was a need to continue efforts toward the emergency repair for the failing trunk sewer line.

BACKGROUND
The City’s trunk sewer mains, c onstructed in the 1950’s, are a critical and integral part of the City’s wastewater system. In June 2024, during routine closed -circuit television inspection, Utilities Staff identified multiple failed and severely deteriorated sections of 18 -inch and 21-inch trunk sewer main. In order to act quickly to avoid catastrophic failure, a local emergency was proclaimed on June 20, 2024, by the City Manager, serving as the Director of Emergency Services. The current and continuing scope of work includes two sections of severely deteriorated trunk sewer main that are in critical condition. These sections are shown in Figure 1 below and defined as follows:

Section 1: Ash Street - paralleling the Escondido Creek, from the Firestone Complete Auto Care (“Firestone”) parking lot to the Walmart Neighborhood Market (“Walmart”) parking lot; and Section 2: Beech Street to Grape Day Park - paralleling the Escondido Creek, traversing a short section of North Hickory Street, then continuing in East Pennsylvania Street from North Hickory and extending into Grape Day Park.

Figure 1

15 Item5.

Section 1 emergency repair work began on August 7, 2024. Repair work to Section 1 was completed as of January 30, 2025. The final slurry seal coat to the Firestone parking lot is scheduled to be completed on July 3, 2025, to allow for proper cure time and minimal disruption to Firestone’s normal business operating hours.

Section 2 emergency repair work began on July 25, 2024, and is anticipated to be complete by July 31, 2025. The contractor, CCL Contracting, Inc. (“CCL”), has installed approximately 3,680 linear feet of trunk main, from Grape Day Park to Hickory Street, within Pennsylvania Avenue; north within Hickory Street from the intersection of Pennsylvania Avenue and Hickory Street to just south of the intersection of Hickory Street and Lansing Circle; easterly through the Westmont Assisted Living Community; and continues easterly within the City’s Escondido Creek private property/public utility easement, paralleling the south side of Escondido Creek to Grape Street. Additional work over the last several weeks includes:
installation of new 24” trunk sewer pipeline, restoration work at Westmont Assisted Living Community, and coordination and work with SDG&E related to existing utility conflicts and installation, keeping local businesses in power during construction, and installation of a temporary bypass pumping system with associated above grade highline between Grape Street and Hickory Street, along the Escondido Creek access road. Electronic message boards updating the community are in place, where appropriate, throughout the construction project site and will remain through the duration of work.

Utilities Staff continues to communicate and coordinate with affected businesses and local schools within the construction zone of influence , as well as other City Departments regarding current and upcoming construction, including the upcoming road closures, final improvements within Grape Day Park, the Grand Avenue Corridor Project, and the Escondido Creek Trail Project.

RESOLUTIONS
a) Resolution No. 2025-38

16 Item5.

RESOLUTION NO. 2025-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, FINDING THAT AN

EMERGENCY CONTINUES TO REQUIRE THE IMMEDIATE

REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN

WHEREAS, the City Council recognizes that the City’s trunk sewer main pipeline defined in the two following critical sections are at risk of imminent, catastrophic failure:

Section 1: Ash Street - paralleling the Escondido Creek, from the Firestone Complete Auto C are parking lot to the Walmart Neighborhood Market parking lot; and Section 2: Beech Street to Grape Day Park - paralleling the Escondido Creek, traversing a short section of North Hickory Street, then continuing in East Pennsylvania Street from North Hic kory and extending into Grape Day Park; and
WHEREAS, pursuant to the approval of Resolution No. 2024 -86 on June 26, 2024, ratifying Proclamation No. 2024-02; Resolution No. 2024-94 on July 10, 2024; Resolution No. 2024-103 on July 17, 2024; Resolution No. 2024-106 on August 7, 2024 ; Resolution No. 2024 -117 on August 28, 2024 ; Resolution No. 2024 -131 on September 11, 2024 ; Resolution No. 2024 -141 on October 2, 2024 ; Resolution No. 2024 -146 on October 23, 2024; Resolution No. 2024 -162 on November 20, 2024; Resolution 2024-178 on December 4, 2024; Resolution No. 2025-03 on January 8, 2025 ; Resolution No. 2025-06 on January 29, 2025; Resolution No. 2025-08 on February 19, 2025; Resolution No. 2025-14 On March 19, 2025; Resolution No. 2025-19 on April 2, 2025; and Resolution No. 2025-30 on April 16, 2025, the City Council previously found that the failing trunk sewer risk constitutes an emergency and found it appropriate for Utilities Staff to proceed to contract services without adopting plans, specifications, working details, or giving notice of bids to award contracts; and 17 Item5.

WHEREAS, on August 7, 2024, City Council approved a budget adjustment in the amount of twelve million, thirty-six thousand, two-hundred twenty-five dollars ($12,036,225) to fund the emergency repair of the failing trunk sewer main, consisting of $7,036,225 from the unallocated Wastewater Reserves and $5,000,000 from Capital Improvement Project No. 801508, Recycled Easterly Ag MFRO; and WHEREAS, staff entered into a Public Improvement Agreement (“Agreement”) with CCL Contracting, Inc., in an amount not to exceed ten million, two hundred forty thousand, six hundred ninety- one dollars ($10,240,691) on July 23, 2024; and
WHEREAS, staff entered in to a Public Improvement Agreement (“Agreement”) with J.R. Filanc Construction Company in an amount not to exceed one million, seven hundred ninety-five thousand, five hundred thirty-four dollars ($1,795,534) on August 21, 2024; and WHEREAS, pursuant to Section 22050 of the Public Contract Code, the City Council must review the emergency action every 14 days, or at its next regularly scheduled meeting, and determine by a four- fifths vote there is a need to continue the action; and WHEREAS, this City Council desires at this time and deems it to be in the best public interest to continue the emergency action.

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 City Council finds the failure of the trunk sewer main is a public health and safety emergency; that this emergency will not permit the delay that would result from a competitive bidding 18 Item5.
process; and that the proposed action and expenditure is sti ll necessary to respond to the emergency requiring immediate repair of the trunk sewer main.
19 Item5.

STAFF REPORT

May 7, 2025
File Number 0600-10; A-3515-1

SUBJECT
FIRST AMENDMENT TO GLENN A. RICK ENGINEERING AND DEVELOPMENT CO. IN THE AMOUNT OF $125,000 FOR ON-CALL PLANNING SERVICES

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council approve the First Amendment to the Consulting Services Agreement with Glenn A. Rick Engineering and Development Co. in the amount of $125,000 for On-call Planning Services.

Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Veronica Morones, City Planner
ESSENTIAL SERVICE – Yes, internal requirement in support of Land Use/Development COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development

FISCAL ANALYSIS
This first amendment to the Consulting Services Agreement (“CSA”) with Glenn A. Rick Engineering and Development Co. (“Consultant”) (Exhibit “A” to Resolution No. 2025 -37) is not budgeted in the Development Services Department adopted budget. However, there are sufficient funds in the FY 2024/25 operating budget for this contract amendment.

PREVIOUS ACTION
Staff released a Request for Proposals (“RFP”) for department-wide on-call development services on April 6, 2023 at which time the Consultant was identified as the most qualified in the ability to meet the City’s service needs with regard to Planning and Engineering services. On June 26, 202 4, the City Council approved a Consultant Services Agreement with the Consultant in the amount of $539,340 (Attachment “1”); of which $200,000 was designated for Planning On-call Services for the review of current planning development applications.

20 Item6.

BACKGROUND
The City of Escondido Development Services Department (“Department”) integrates all land development planning, engineering, and building decisions in one department to streamline services to the public and the construction industry. The Department has suffered with employee turnover and staffing shortages for several years and while the Planning division is stabilizing, there is still a need to augment the volume of current planning application reviews until the Department is fully staffed.

The original contract amount of $200,000 that was set for the fiscal year will not be sufficient to support the level of review services in the Department through June 30, 2025. The fiscal year 2025 budgeted amount was determined as a roll over budget from the previous fiscal year and was not based on the contract needs for the current year. Additionally, there is an unexpected vacancy at the front counter and in order to allow services to go on uninterrupted, staff recommends utilizing the Consultant to support counter services while recruitment is underway. It is in the best interest of the City to execute the First Amendment to the Consulting Agreement with Glenn A. Rick Engineering and Development Company for on-call planning services in the amount of $125,000.

RESOLUTIONS
a) Resolution No. 2025-37
b) Resolution No. 2025 -37—Exhibit “A” — First Amendment to Consulting Services Agreement with Glenn A. Rick Engineering and Development Co.

ATTACHMENTS
a) Attachment “1”—Consulting Agreement with Glenn A. Rick Engineering and Development Co.
21 Item6.

RESOLUTION NO. 2025-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A FIRST

AMENDMENT TO THE CONSULTING AGREEMENT WITH
GLENN A. RICK ENGINEERING AND DEVELOPMENT

COMPANY FOR ON -CALL CONSULTANT SERVICES FOR

CONTINUED STAFFING AUGMENTATION FOR THE

DEVELOPMENT SERVICES DEPARTMENT

WHEREAS, the Development Services Department has a Consulting Agreement with Glenn A. Rick Engineering and Development Company for on -call services to augment Planning staff capacity for the review of entitlement applications; and
WHEREAS, the cost to provide services through June 30, 2025 will exceed the annual contract price of $200,000; and
WHEREAS, the Development Services adopted operating budget requires a mid -year budget adjustment authorization in the amount of $125,000; and WHEREAS, it is in the City’s best interest to execut e the First Amendment to the Consulting Agreement with Glenn A. Rick Engineering and Development Company for on-call planning services in the amount of $125,000.

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

1. That the above recitations are true.
22 Item6.

2. That the Mayor is authorized to execute, on behalf of the City, a First Amendment to a Consulting Agreement with Glenn A. Rick Engineering and Development Company , which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.

23 Item6.

F
irst Amendment - 1 - CAO: 04/23/2024
To Consulting Agreement

CITY OF ESCONDIDO

FIRST AMENDMENT TO CONSULTING AGREEMENT
T his First Amendment to Consulting Agreement (“First Amendment”) is made and entered into as of the last signature date set forth below (“Effective Date”), B
etween: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Megan Crooks
760-839-4021
("CITY")
A
nd: GLENN A. RICK ENGINEERING AND DEVELOPMENT CO.
a California corporation
5620 Friars Road
San Diego, CA 92110
Attn: Brooke Peterson
619-291-0707
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties entered into that certain Consulting Agreement dated July 22, 2024 (“Agreement”), wherein CITY retained CONSULTANT to provide services for the provision of on- call planning and engineering plan review services, as more specifically described in the Agreement; and WHEREAS, the Parties desire to amend the Agreement as 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. The CONSULTANT shall continue to furnish all of the Services described in the Agreement.

2. P
ursuant to this First Amendment, The CITY will compensate CON SULTANT in an additional amount not to exceed the sum of $125,000. The contract price of this First Amendment ($125,000) i
s assigned to Planning on-call services and will bring the total contract price of the Agreement to $664,340.

3. A
ll other terms of the Agreement not referenced in this First Amendment shall remain unchanged and in full force and effect. In the event of a conflict between a provision of the Agreement and this First, this First Amendment shall prevail.

Resolution No. 2025-37
Exhibit "A"

24 Item6.

First Amendment - 2 - CAO: 04/23/2024
To Consulting Agreement

4. This First Amendment and the Agreement, together with any attachments or other documents described or incorporated therein, if any, constitute the entire agreement and understanding of the Parties, and there are no other terms or conditions, written or oral, controlling this matter.

5. This First Amendment may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document. Delivery of an executed signature page of this First Amendment by electronic means, including an attachment to an email, shall be effective as delivery of an executed original.

6. Unless a different date is provided in this First Amendment, the effective date of this First Amendment shall be the latest date of execution set forth by the names of the signatories below.

IN WITNESS WHEREOF, this First Amendment is executed by the P arties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ____________________________________ Dane White, Mayor

GLENN A RICK ENGINEERING AND
DEVELOPMENT CO.

Date: __________________ ___________________________________ Brooke Peterson, Principal

APPROVED AS TO FORM:

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

B
Y: __________________________

DATE: _________________

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

Resolution No. 2025-37
Exhibit "A"

25 Item6.

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

CITY OF ESCONDIDO

CONSULTING AGREEMENT
Th
is Consulting Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”),
Bet
ween: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Megan Crooks, Management Analyst II
760-839-4021
("CITY")
And: G
LENN A. RICK ENGINEERING AND DEVELOPMENT CO.
a California corporation
5620 Friars Road
San Diego, CA 92110
Attn: Brooke Peterson
619-291-0707
("CONSULTANT").
(T
he 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 on-call services in the areas of storm water plan review, planning entitlement application review, environmental document review and planning policy expertise; and
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”).

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2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, and CONSULTANT shall accept in full, an amount not to exceed the sum of $ 539,340.

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. P
erformance . 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. P ersonnel . 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 component 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.

5. T
ermination . 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. C ity 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. I nsurance 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, 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.

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(3) Workers’ Compensation. Worker’s Compensation as requi red 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 insur ance 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 require 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 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 compensat e for the lack of Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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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 pol icies, 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. I
ndemnification, Duty to Defend, and Hold Har mless.
a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all 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 caused by, arising out of, or in connection with CONSULTANT’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the sole negligence or willful misconduct of the CITY. b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all 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.

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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 assignment , 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. A ttorney'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. I ndependent Contractor . CONSULTANT is an independent contractor , and no agency or employment relationship is created by the execution of this Agreement.

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

13. M erger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding 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. An ti -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. S everability . 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. G overning 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. C ounterparts . 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 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. P rovisions 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. No tice . 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.

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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. C ompliance 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. P revailing 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. I mmigration 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 agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

24. E ffective 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.

(

SIGNATURE PAGE FOLLOWS)

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

Date:
__________________
Date:
__________________

CITY OF ESCONDIDO
___________________________________
Dane White, Mayor
GLENN A. RICK ENGINEERING AND
DEVELOPMENT CO.
__________________________________
Brooke Peterson, Principal
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES. 07 / 22 / 2024
07 / 22 / 2024
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ATTACHMENT “A”
Scope of Work
A. General
Gle
nn A. Rick Engineering and Development Co., a California corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with consulting services related to storm water plan review, planning entitlement application review, environmental document review, and as-needed planning policy expertise.

B. Location
Cons
ultant to provide services in relation to the City’s Development Services Department’s storm water plan review, planning discretionary review, and planning environmental and project expertise.

It is anticipated that services will be provided at both E scondido City Hall located at 201 N.

Broadway, Escondido, CA 92025, and various remote locations.

C. Services
Consultant shall provide services as described in Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference. In the event of a conflict between this Agreement (including this Scope of Work) and Exhibit 1, the terms of this Agreement shall prevail. Services shall include Engineering and Planning on-call services regarding storm water plan review, planning entitlement application review, environmental document review, and as -needed planning policy expertise.

1. Eng
ineering On-Call Services
a. Tec
hnical assistance for the review of Storm Water Quality Management Plans (SWQMP) for land development projects.
i. Services will be provided for up to two days per week with one being on-site and for up to 25 unique SWQMPs.
ii. All reviews shall confirm compliance with the Escondido Storm Water Des ign Manual and Municipal Separate Storm Sewer System (MS4) Permit. iii. Typical reviews may consist of Minor, Standard, or Priority Development Projects (PDP), SWQMPs and Hydromodification Management Plans (HMPs). b. Project management and reporting (quality control) shall be provided up to 2 hours per month.

2. Pl
anning On-Call Services
a. Pl
anning review for entitlement applications to include the following:
i. Project management of various entitlement applications (conditional use permits, plot plans, etc.);
ii. Revie w of environmental documents associated to the entitlement application; iii. Review of post -entitlement plans (building, grading, landscaping, etc. ) for compliance with conditions of approval;
iv. Preparation of staff reports; and
v. Other duties related to Planning Division activities. b. Environmental document review in support of staff-assigned entitlement applications or for larger environmental projects.
c. Planning expertise as-needed to include, but not limited to ; historical preservation, long range planning, or cultural resources.

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3. Contingent Scope Item: Planning Grant Project Services a. This scope item is contingent on the receipt of grant funds. Should funding not be available for this scope item, City is not obligated to any payment toward the proposed fee of $172,660 for this scope item described as follows:
i. Planning project management toward the completion of the Safety and Environmental Justice Element policy and language updates to the General Plan; ii. Environmental Review and determination of the appropriate environmental document pursuant to the California Environmental Quality Act (CEQA) for the Safety and Environmental Justice Elements inclusive of final outreach and public comment; and
iii. Project management shall meet the task deliverables and timelines as described in the final grant agreement scope of work.

D. Scheduling

Consultant to schedule specific dates of work in advance by contacting the following staff members respective to the areas of work:

Storm Water Review Owen Tunnell [email protected]

Planning Services Veronica Morones [email protected]

Further instructions will be provided upon scheduling.

E. Contract
Price and Payment Terms

The contract price shall not exceed $539,340; with $166,680 assigned to Engineering on -call services, $200,000 assigned to Planning on -call services, and $172,660 assigned to Planning project management contingent upon the receipt of grant funds . 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. Consultant shall not bill the City for any transportation costs associated with travel to and from the project site.

Rates for services as described in Exhibit 2 to
this Scope of Work, which is attached hereto and
incorporated by this reference, shall remain firm throughout the term of this Agreement.

F. Term

The term of this Agreement shall be from the Effective Date of the Agreement through June 30, 2025.

G. Other

1. Consultant acknowledges that this Agreement is being entered into on an interim basis and shall only remain in effect while the City undertakes the filling of staff positions in its Planning Division necessary to meet entitlement application processing demands. As Planning Division staff positions become filled, Consultant may be requested to continue t he review of assigned projects to completion while no new projects will be assigned.

2. The Parties acknowledge that Transnet Smart Growth Incentive Program (SGIP) G rant Funds,
administered by the San Diego Association of Governments (SANDAG), will be used to fund all or a portion of this Agreement. As a sub-contractor of the CITY, the CONSULTANT shall comply with all applicable federal laws, regulations, executive orders, policies, procedures, and directives relating to such funds, including but not limited to all applicable provisions and requirements of the SGIP SANDAG Contract , which is attached hereto as Exhibit 3 and incorporated herein by this reference.

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ATTACHMENT “B”
Personnel List
Purs
uant to Section 4 of the Agreement, CONSULTANT shall only assign performance of Services to persons listed below.

1. Brooke Peterson, AICP, Director of Planning and Design/Principal [email protected]
Glenn A. R
ick Engineering and Development Co.;

2. Brian Mooney, Principal
[email protected]
Glenn A. Rick Engineering and Development Co.;

3. Greg Mattson, AICP, Senior Planner II
[email protected]
Glenn A. Rick Engineering and Development Co.;

4. Vicrim Chima, Senior Planner II
[email protected]
Glenn A. R
ick Engineering and Development Co.;

5. Shannon Baer, Senior Planner I
[email protected]
Glenn A. R
ick Engineering and Development Co.;

6. Adam Mercieca, Associate Planner
[email protected]
Glenn A. Rick Engineering and Development Co.;

7. Julia Hill, Associate Planner
[email protected]
Glenn A. R
ick Engineering and Development Co.;

8. Sabrina Sessarego, Assistant Planner
[email protected]
Glenn A. R
ick Engineering and Development Co.;

9. Sydney Rankmore, Assistant Planner
[email protected]
Glenn A. R
ick Engineering and Development Co;

10. Teresa Wilkinson, Director of Environmental Services [email protected]
Glenn A. R
ick Engineering and Development Co.;

11. Venkat Gummadi, Associate Principal
[email protected]
Glenn A. R
ick Engineering and Development Co.;
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12. Sal Sanchez, Assistant project Engineer/Manager
[email protected]
Glenn A. Rick Engineering and Development Co.;

13. Jenni
fer Campos, Project Director
[email protected]
RECON Environmental (Sub-Consultant);

14. Lori
Spar, Environmental Project Manager
[email protected]
RECON Environmental (Sub-Consultant);

15. Nick
Larkin, Senior Environmental Project Manager
[email protected]
RECON Environmental (Sub-Consultant);

16. Br
onwyn Brown, Environmental Project Manager
[email protected]
RECON Environmental (Sub-Consultant);

17. Cailin
Lyons, Biology Director
[email protected]
RECON Environmental (Sub-Consultant);

18. Car
men Zepeda-Herman, Senior Archaeologist
[email protected]
RECON Environmental (Sub-Consultant);

19. Jes
sica Fleming, Noise, Air Quality and GHG Specialist
[email protected]
RECON Environmental (Sub-Consultant);

20. Fran
k McDermott, GIS/UAV Manager
[email protected]
RECON Environmental (Sub-Consultant);
CO
NSULTANT shall not add or remove persons from this Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component 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.

Ac
knowledged by:

Dat
e: __________________ __________________________________ Brooke Peterson, Principal
07 / 22 / 2024
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PROPOSAL TO PROVIDE

ON-CALL

DEVELOPMENT

SERVICES
(RFP No. 23-18)

FOR THE CITY OF ESCONDIDO
April 28, 2023
5620 Friars Road, San Diego, CA 92110
WWW.RICKENGINEERING.COM
(619) 291-0707
Exhibit 1
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Item6.

TABLE OF CONTENTS
01 02
05 20
22 22
23 01

COVER LETTER
Section Page No.
02 SUMMARY
03 QUALIFICATIONS AND EXPERIENCE OF KEY PERSONNEL
04 FEES/COST PROPOSAL
05 CONFLICT OF INTEREST
NON-COLLUSION DE CLARATION F ORM
EXCEPTIONS TO CITY’S STANDARD

C ONSULTING AGREEMENT
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City of Escondido | On-Call Development Services
1 01 COVER LETTER

COVER LETTER
5620 Friars Road • San Diego, California 92110-2596 • (619) 291-0707 • www.rickengineering.com

SAN DIEGO RIVERSIDE ORANGE SACRAMENTO SAN LUIS OBISPO LAS VEGAS DENVER PHOENIX TUCSON April 28, 2023
City of Escondido
201 N. Broadway
Escondido, CA 92025
Attn: Andrew Firestine, AICP , Director of Development Services RE: P roposal to the City of Escondido for On-Call Development Services (RFP No. 23-18) Dear Mr. Firestine and Selection Committee,
Rick Engineering Company (RICK) is excited to submit our proposal to the City of Escondido for On-Call Development Services. Our firm has been providing similar services to numerous public agencies throughout the San Diego region since 1955, including the City of Escondido. This long standing history, experience, and relationship has prompted our response to this Request for Proposal (RFP) by bringing our leadership and knowledge to the City of Escondido. RICK is a committed partner of the City, helping to meet the objectives of this Request for Proposal by supplementing staffing and plan check services for the development review processes, and providing timely, accurate and efficient review of applications at all phases of permitting.

Providing on-call development services requires a team who understands anticipated and unanticipated challenges of tasks that may arise due to the City’s needs, shifting project priorities, and constant regulatory change. We have engaged RECON Environmental to be part of our team for this contract. Our recent work with numerous cities providing extension-of-staff services, our current work for Escondido as extension of staff and our work preparing the East Valley Specific Plan affords RICK an understanding of the City’s important systems for review and management of private land development projects, staff reports and resolutions. The RICK Team is ready to meet these challenges with the experience, innovation, technical capability, resources, and knowledge to deliver successful programs, procedures, and projects. We have assembled a comprehensive team with impressive knowledge and demonstrated experience in land planning, permitting, and engineering services for the City of Escondido. The individuals on this team have been specifically selected because of their capabilities, experience, and local knowledge necessary to address any anticipated tasks that may arise under this contract.

Brooke Peterson, AICP, will be the Principal-in-Charge. She brings extensive experience with both private and public sector clients and has a proven track record in managing a full range of policy planning, entitlement planning, and land development projects. Brooke is particularly experienced with providing on-call, extension of staff services for multiple public agencies throughout southern California. This experience gives the City a knowledgeable, astute, and responsive management team leader as a resource for the various planning, engineering, and environmental services anticipated under this contract. Brooke is supported by a team of seasoned professionals including key personnel to act as project managers or task managers for planning, civil engineering, and transportation engineering respectively.

As noted, RECON Environmental is a key member of our environmental team bringing in-depth knowledge and experience and providing additional strength to the RICK Team relating to environmental analysis and CEQA documentation.

We have read and understand the contents of the Request for Proposal and agree to comply with the requirements and conditions contained in the RFP and all the applicable Exhibits and Attachments. Should you have any immediate or additional questions, please feel free to contact me at (619) 291-0707 or [email protected].

Respectfully submitted,
Brooke Peterson, AICP
Principal-in-Charge
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City of Escondido | On-Call Development Services
2 02 SUMMARY
WHO WE ARE. RICK is an award winning, full-service, multi- disciplinary planning, design, and engineering firm that has served thousands of public and private sector clients across the West since our founding in 1955.

With over 400 employees, we offer a full range of services, from initial planning and visioning through concept
development, final designs, and implementation strategies.

Although we offer comprehensive services, we operate
like a smaller firm, and as a result, we can respond rapidly with more creative solutions for clients, and with more personalized service. Our services include:

OUR FOCUS. RICK’s Planning + Design Division focuses
on providing innovative land use planning, community
design, and environmental solutions to public and private projects. Our award-winning group regularly leads planning and design projects and economic analysis assignments
for towns, cities, and counties across the West. We
focus on understanding the complexities of revitalization including the policy and regulatory environment, the built environment and public realm characteristics, and the
vision and needs of the community. By working hand-
in-hand with agencies and community stakeholders,
RICK develops unique and creative solutions that when
implemented achieve the desired goals of community
revitalization.

Our professionals have degrees in City Planning, Urban
Design, Landscape Architecture, Civil Engineering, Traffic Engineering, Environmental Studies, and Economics, and
specialize in integrating the thinking of a wide range of professionals on our teams. Our work includes on-call
Planning and Engineering Services, Zoning Ordinances,
Specific Plans, Community Plans, General Plans, Park
Plans, Infrastructure Plans, Service Area Plans, Entitlement Processing and associated environmental documents for
numerous cities and counties in Southern California and southwestern United States.
• On-Call Planning Services
• Comprehensive Planning
• Planning Entitlements
• Streetscape Design
• GIS Resources
• Zoning & Land Use
Analysis
• Site Planning
• CEQA Compliance
• Urban Design
• Landscape Architecture
• Water Resources &
Stormwater Compliance
• Community Engagement
• Transportation Planning
• Civil Engineering
• Economic Analysis
• Traffic Engineering
• Surveying & Mapping
Executive Summary

ESTABLISHED IN
1955

COLORADO

ARIZONA

CALIFORNIA
NEVADA

NEW MEXICO

PHOENIX

LAS VEGAS

SACRAMENTO

SAN LUIS OBISPO

RIVERSIDE
IRVINE
TUCSON
ARVADA

CENTENNIAL

SAN DIEGO
UTAH
RICK Engineering Company
5620 Friars Road
San Diego, CA 92110
(619) 291-0707
166+ Local Employees
THE RICK TEAM.

Brooke Peterson, AICP, will lead our team and serve
as Principal-in-Charge overseeing the project and
providing corporate commitment. Brooke will also serve
as Project Manager and will be responsible for the day-to- day management of the RICK Team, serving as the direct
point of contact for the City. She has local experience on similar projects, including previous project work with the City of Escondido staff, and has experience with on- call projects, including those with complex constraints and in environmentally sensitive areas. Supporting her is more than 160 San Diego-based, interdisciplinary RICK
colleagues. Our diverse services allow us to quickly access information and collaborate in-house, yielding streamlined and expedited results for our clients.

RE CON ENVIRONMENTAL.

RICK has engaged RECON
E nvironmental, Inc. (RECON)
as a key member of our environmental team. RECON is
a full-service environmental consulting firm with over
50 years of experience in southern California. They offer decades of experience in the environmental review
process for large-scale developments, including master
planned communities, commercial, industrial, and mixed- use projects. They additionally support public agencies in preparation of environmental documents in support of
policy planning documents such as general plans, general plan amendments, community plan amendments, specific
plans, and zoning ordinance amendments. RECON has a
team of technical professionals including environmental planners, permitted biologists, registered archaeologists, Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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City of Escondido | On-Call Development Services
3 air quality and greenhouse gas specialists, habitat
restoration specialists, and certified geographic information systems (GIS) specialists who bring quality experience
and knowledge of the latest environmental processing
requirements, including guidelines, thresholds, and case law updates. With five decades of continuous service,
RECON has a solid reputation in the industry for providing high-quality and responsive service to public agencies
throughout southern California.

OUR APPROACH TO ON-CALL CONTRACTS. RICK knows
and understands the purpose and objectives of an on-
call service contract. Throughout our company’s history, we have successfully performed a variety of Task Order
services for on-call contracts for municipalities, government agencies, and academic institutions throughout California.

We understand the importance of on-call contracts in
supporting agency services, supplementing an agency’s
staffing capacity, and helping ensure the agency meets
its project processing goals and standards. This requires the on-call consultant to execute and deliver Task Orders to meet the agency’s goals, objectives, and schedule
deadlines. On-call service contracts require effective
coordination of multiple disciplines, as well as managing multiple Task Orders simultaneously.

Our Task Order work plans are grounded in our experience recognizing the complexity of efforts necessary to work collaboratively with City staff. We work to understand
the goals and objectives of each Task Order assignment, gather and assess data relating to the assignment. We
then apply our knowledge and expertise to review and
process planning applications, prepare a draft plan, text, or ordinance, and revise as necessary to gain approval
and implementation of the plan, text, or ordinance in as simple terms as necessary. We will utilize our considerable experience with today’s best practices and contemporary planning and engineering techniques.

OUR ON-CALL EXPERIENCE. Our team has amassed
a wealth of public agency knowledge and is extremely
sensitive to the concerns agencies have regarding funding, critical project deadlines, and community response. In
our work as consulting planners and engineers for public agencies, we view ourselves as an extension of the
municipality’s staff. We have gained the knowledge to
successfully act on a moment’s notice to address citizen concerns, provide guidance and expertise, and facilitate design ser vices t o mee t critic al funding alloc ation deadlines.

We are experienced in, and understand, the process of
preparing staff reports required for Governing board
reviews and approval processing.

Select on-call contracts include:
• City of Escondido On-Call Services
• County of San Diego Land Development On-Call
• County of San Diego Advanced Planning On-Call
• City of San Marcos Development Services On-Call
• City of Murrieta On-Call Traffic Engineering
• City of Murrieta On-Call Services
• City of Encinitas Plan Check and Traffic Study Reviews • City of Santa Clarita As-Needed Staff Augmentation
Services
• San Diego Unified Port District As-Needed Civil
Engineering
• County of San Diego, As-Needed Civil Engineering
Services for Watershed Structural Projects
• City of Lemon Grove On-Call Services
QUALIFICATIONS SUMMARY . RICK is well qualified
to provide services for the City of Escondido. With our Project Manager located in our San Diego office, we are just a short drive to City Hall and project sites. Our office is located to serve the City and in-person meetings can occur on a moment’s notice if needed. We pride ourselves on
responsiveness for which our client references would be happy to attest.

RECEIVE

TASK ORDER
Project Manager
initiates c oordination
with the City on Task
Order scope of work.

ASSIGN

RESOURCES
Task Order Manager
identifies team
staffing needs based
on task requirements.

KICK OFF

TASK ORDER
Task Order Team
is assembled and
workflow assignments
are allocated.

TRACK

PROGRESS
Task Order
meeting schedule
is established to
evaluate issues and
monitor progress.

QUALITY

ASSURANCE
Continuously monitor
task activities to
ensure adherence to
established s tandards.

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4 ON-CALL PLANNING & ENGINEERING
Team Organization
Our organization chart shown below refl ects the proposed key personnel who will provide the services necessary for this contract. These team members are fully committed to the needs of the City. RICK and RECON have the depth of resources to provide redundancy on all named positions on the project team. This includes staff for both key design components and support positions. Additional staff are available at various levels and billing rates, if the need arises. If additional staff are needed, resumes will be submitted to the City before the work begins. The Project Manager for this contract will be Brooke Peterson, AICP. She will serve as oversight for all task orders. Individual Task Order leads/PMs will serve as the day-to-day contact for all assigned task orders.

BROOKE PETERSON AICP

BRIAN MOONEY FAICP

PRINCIPAL-IN-CHARGE,

PROJECT MANAGER

QA/QC MANAGER

BRIAN STEPHENSON

PE, TE, PTOE
Traffic Engineer

DAVID MIZELL AICP
Associate Traffic Engineer

KAREN VAN ERT PE
Civil Engineer/Project Manager

CARSON EDGINGTON PE
Civil Engineer

HOON HAHN PE
Civil Engineer

RECON ENVIRONMENTAL

JENNIFER CAMPOS
Project Director

LORI SPAR
Environmental Project Manager

NICK LARKIN
Senior Environmental
Project Manager

BRONWYN BROWN
Environmental Project Manager

CAILIN LYONS
Biology Director

CARMEN ZEPEDA-HERMAN

MA, RPA
Senior Archaeologist

JESSICA FLEMING
Noise, Air Quality and GHG Specialist

FRANK MCDERMOTT GISP
GIS/UAV Manager

ENGINEERING

ENVIRONMENTAL ON-CALL

GREG MATTSON AICP
Senior Planner

HANNAH SHURANCE
Senior Planner

SHANNON BAER
Senior Planner

ADAM MERCIECA
Associate Planner

JULIA HILL
Associate Planner

SABRINA SESSAREGO
Assistance Planner

PLANNING
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5 BROOKE PETERSON AICP
PRINCIPAL-IN-CHARGE, PR OJECT MANA GER
Brooke Peterson is a Principal with RICK and is the Director of the Planning + Design Division. Brooke’s career includes a wide range of long-range policy planning, development project planning, urban design, and environmental planning experience for both the public and private sectors. She has worked on general plans, community plans, corridor and specific plans, master plans, redevelopment, mixed-use and TOD development, regional energy plans, public health, urban greening, and public engagement. Brooke has expertise with land use-transportation integration, context- sensitive development, energy-efficient land use planning, stakeholder and public outreach with specific skill in facilitating issue resolution. Her comprehensive planning work has required close coordination with complex project teams, various staff, and decision makers on controversial issues and decisions. Brooke has also served as a direct extension of staff for numerous agencies to provide support in amending community plans, zoning ordinances, and design guidelines; managing consultants; and preparing findings and staff reports. As Director of the Planning + Design Division, her priority is to identify the key issues at an early stage, develop methodologies to adequately analyze those issues, integrate all key players in the issue resolution strategy, and ensure the highest standard of quality in staff's professionalism and deliverables.

REPRESENTATIVE PROJECTS INCLUDE:

Advanced Planning & Land Development Review On-Call Services, County of San Diego, San Diego, CA
Planning As-Needed Services, City of San Diego, San Diego, CA Planning/Development Services On-Call, City of San Marcos, San Marcos, CA Planning As-Needed Services, City of Menifee, Menifee, CA Adjunct Staff, City of Lemon Grove, Lemon Grove, CA
YEARS
21 EDUCATION
MA, City and Regional Planning,
California State University,
San Diego
BA, Biology, Occidental College
Certificate in “Planning for
Effective Public Participation,”
International Association for
Public Par ticipation

CREDENTIALS
American Institute of Certified
Planners (AICP), No. 152123
03 QUALIFICATIONS AND EXPERIENCE
Principal Office Da te Incorporated Authoriz ed Contract Negotiate a. Firm Contact Information
b. Qualifications and Experience of Key Personnel
5620 Friars Road, San Diego, CA 92110 1955 | 68 years in Business Brooke Peterson, AICP | Principal-in-Charge Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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6 BRIAN MOONEY FAICP

QA/QC MANAGER
Brian Mooney has over 40 years of professional experience specializing in planning, public outreach, environmental analysis, research, and development of public policy. His extensive experience includes preparation, coordination, and completion of comprehensive urban and rural master plans for counties, cities, towns, transit oriented development master plans and sustainable design programs. His experience also includes leading the preparation of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents. His areas of expertise focus on his training and experience in understanding the complex physical, cultural, political, and legal issues of planning and developing communities. He believes in integrating stakeholders into the planning process and creating a strong sense of place through innovative designs that meet the long term needs of the community. He has been recognized with both regional and statewide awards by the American Planning Association (APA), the Association of Environmental Professionals (AEP), the American Institute of Architects (AIA), and local government agencies for numerous planning and environmental s tudies.

REPRESENTATIVE PROJECTS INCLUDE:

As-Needed Staff, County of San Diego, San Diego, CA
As-Needed Planning and Environmental Services, County of Imperial, Imperial, CA Adjunct Staff, City of Lemon Grove, Lemon Grove, CA
Adjunct Staff, City of Murrieta, Murrieta, CA
YEARS
45 EDUCATION
MA, Urban History,
University of San Diego
BA, Anthropology,
San Diego State University

CREDENTIALS
Certified Planner American
Institute of Certified Planners
College of Fellows (FAICP),
No. 010920

GREG MATTSON AICP

SENIOR PLANNER
Greg Mattson is a Project Manager/Urban Planner with extensive experience in managing a wide range of projects, providing oversight to design staff, and fifteen years as a partner in a planning & civil engineering firm. As part of his management roles, he worked with and for public and private sector clients on numerous special studies, master plans, specific plans, implementation programs and environmental documents. Mr. Mattson is well versed in dealing with public/private clients and understands the challenges of state CEQA requirements for the preparation of initial studies, environmental documents, mitigation peer reviews and plans, as well as impacts to design and processing of planning entitlements.

REPRESENTATIVE PROJECTS INCLUDE:

Adjunct Staff Processing Discretionary Projects, City of Escondido, Escondido, CA Advanced Planning & Land Development Review On-Call Services, County of San Diego, San Diego, CA
Extension of Staff, City of San Marcos, San Marcos, CA
Adjunct Staff for a 900-unit Multi-Family Apartment Complex, City of Murrieta, Murrieta, CA
Adjunct Staff and Zoning Counter Assistance, City of Lemon Grove, Lemon Grove, CA
YEARS
29 EDUCATION
BS, Landscape Architecture,
California State Polytechnic
University, Pomona

CREDENTIALS
American Institute of Certified
Planners, (AICP), No. 45317
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7 HANNAH SHURANCE

SENIOR PLANNER
Hannah Shurance is a Senior Planner with RICK’s Planning + Design Division. Hannah has experience with various land use and planning projects in Southern California and Arizona, working for both government and private sector clients. Hannah’s projects range from plan updates, specific plan amendments and rezoning’s to due diligence, feasibility studies and various other entitlement projects. Hannah also has experience working on master planned communities as well as prepared development plans that require public participation across different jurisdictions. She is regularly involved in public meetings to discuss projects with various stakeholders to achieve projects that respond to physical and environmental constraints, policies and other factors. Hannah also frequently contributes to the creation of graphics and exhibits for a wide range of planning projects to assist in making presentations at public meetings.

REPRESENTATIVE PROJECTS INCLUDE:

City of Escondido Adjunct Staff Processing Discretionary Projects, Escondido, CA County of San Diego Advanced Planning & Land Development Review On-Call Services, San Diego, CA
San Marcos Extension of Staff, San Marcos, CA
YEARS
7 EDUCATION
MS, Planning,
The University of Arizona
BS, Sustainable Built
Environments,
The University of Arizona

SHANNON BAER

SENIOR PLANNER
Shannon Baer is an Senior Planner with RICK's Planning + Design Division and has experience in environmental planning, policy planning, long-range planning, and coastal planning for both public and private clients. She has been heavily involved in various land use and planning projects in Southern California, which range from processing coastal development permits, to preparing general plans and specific plans. Shannon has also worked on climate resiliency planning, local coastal plans, and public engagement. Prior to her policy and coastal planning experience, Shannon predominantly did environmental planning, guiding development projects through the California Environmental Quality Act (CEQA) process in the San Diego area. Her comprehensive planning work has required close coordination with clients, technical specialist, stakeholders, and internal support staff. She has been the main author of specific plans, local coastal programs, general plans, and implementation plans. In addition, she also frequently contributes to the creation of graphics and exhibits for a wide range of planning projects.

REPRESENTATIVE PROJECTS INCLUDE:

Advanced Planning & Land Development Review On-Call Services, County of San Diego, San Diego, CA
On-Call Coastal Services, Mira Costa Community College District, Encinitas, CA Long Range Planning Consultant Services, San Diego Unified Port District, CA Lithium Valley Specific Plan, County of Imperial, Imperial Valley, CA YEARS
7 EDUCATION
BA, Urban and Regional Planning,
Sonoma State University
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8 ADAM MERCIECA

ASSOCIATE PLANNER
Adam Mercieca is an Associate Planner with RICK's Planning + Design Division. A recent hire, Adam brings valued international experience from New Zealand and Australia to the RICK team. Prior to working for RICK, Adam worked in large multi-national professional services firms contracting to both government and private-sector clients in the southern hemisphere. He has a depth of knowledge in infrastructure permitting, discretionary environmental assessments, land development, and cultural engagement processes. He has experience working on plan amendments, zoning applications, feasibility studies, and development plans that require public engagement.

His primary focus is facilitating economic and social growth within the constraints of sustainable environmental management through integrated development.

Additionally, he has a strong grounding in business case development.

REPRESENTATIVE PROJECTS INCLUDE:

Advanced Planning & Land Development Review On-Call Services, County of San Diego, San Diego, CA
El Camino Real Specific Plan, City of Encinitas, Encinitas, CA General Plan Update, City of Vista, Vista, CA
YEARS
7 EDUCATION
BS, (Honors), Environmental
and Regional Planning, Massey
University, New Zealand

JULIA HILL

ASSOCIATE PLANNER
Julia is an Associate Planner with RICK's Planning + Design Division. She has over a decade of experience in the land planning industry and is involved with several professional organizations. Her experience has made her a technical and graphic expert in drafting grading plans and technical maps, exhibits, and composite rendered overlays. She is well-versed in assessing regulatory documents, including general plans, zoning ordinances, and specific area plans, and creating accurate base maps in coordination with technical partners. Julia is also an expert in AutoCAD, Adobe Suite, and GIS software.

REPRESENTATIVE PROJECTS INCLUDE:

Advanced Planning & Land Development Review On-Call Services, County of San Diego, San Diego, CA
Palomar Heights, Integral Communities, Escondido, CA
General Plan Update, City of Vista, Vista, CA
Nakano Specific Plan, Planned Development Permit, and Annexation, Cities of Chula Vista and San Diego, CA
YEARS
10 EDUCATION
BS, City and Regional Planning,
California Polytechnic State
University School of Architecture
and Environmental Design
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9 SABRINA SESSAREGO

ASSISTANT PLANNER
Sabrina is an Assistant Community Planner for RICK. She has three years of experience demonstrating the utility, opportunity, and value of developing Geographic Information Systems (GIS) to support project data reconciliation, analysis, and management. She specializes in geospatial analysis, map production and is a power user of the Esri ArcGIS technology stack and Adobe Creative Suite.

In her previous role, Sabrina served as lead proposal coordinator and secured contracts in excess of $3 million for the performance and delivery of GIS consulting services. In addition to leading the company’s marketing efforts, Sabrina also performed all GIS work ahead of contract to demonstrate the value of digital mapping applications such as web maps, project dashboards and 3D web scenes. She continues to leverage her GIS knowledge to support RICK’s Planning and Design Division on projects nationwide.

REPRESENTATIVE PROJECTS INCLUDE:

Mira Mesa Community Plan Update, City of San Diego Planning Department, San Diego, CA
Service Area Plan Update, City of El Centro, El Centro, CA Service Area Plan Update, City of Brawley, Brawley, CA
Lithium Valley Specific Plan, County of Imperial, Imperial Valley, CA YEARS
4 EDUCATION
MS, Environmental Sciences and
Policy, Johns Hopkins University
BS, Environmental Sciences, San
Diego State University

BRIAN STEPHENSON PE, TE, PTOE

TRAFFIC ENGINEER
Brian Stephenson is a California-licensed Professional Engineer, Traffic Engineer, and Nationally Certified Professional Traffic Operations Engineer. As an Associate Principal at RICK, he manages a team that provides a variety of traffic engineering services, including the preparation and review of traffic impact studies, signal plans, signal interconnect plans, signing and striping plans, optimized network timing plans, accident analyses, and traffic control plans. With 23 years of experience managing traffic engineering projects, Brian is well-versed in municipal traffic engineering.

REPRESENTATIVE PROJECTS INCLUDE:

Consultant Traffic Engineer, City of Murrieta, Murrieta, CA As-Needed Traffic Engineering Services, City of San Bernardino, CA On-Call Traffic Engineering Services, City of Rialto, CA Traffic Engineering Plan Checking – Murrieta, Ontario, Lake Elsinore, Placentia, CA Intersection Safety Studies, City of Sacramento, Sacramento, CA YEARS
25 EDUCATION
BS, Civil Engineering, University
of New York, Buffalo

CREDENTIALS
Registered Professional Engineer
in CA, No. 69471
TE, CA No. 2419
PTOE, No. 2169
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10 DAVID MIZELL AICP

ASSOCIATE TRAFFIC ENGINEER
David Mizell has 21 years of experience in preparing transportation planning studies throughout both Southern and Northern California, which includes over 12 years of project management experience. In this time, he has prepared environmental traffic impact s tudies, c orridor an d m obility s tudies, p arking s tudies, an d m ulti-modal an alysis studies. Additionally, David regularly provides technical peer review of traffic studies.

He has extensive experience attending Planning Commission and City Council meetings and providing technical support during the public review and public hearing processes.

He coordinates with staff and consultants in various disciplines to meet client schedule and budget needs. He has been responsible for managing and preparing traffic impact studies for a variety of private developments as well as public facilities improvement projects.

REPRESENTATIVE PROJECTS INCLUDE:

On-Call Traffic Engineering Services, City of Menifee, Menifee,CA On-Call Traffic Engineering Services, City of Encinitas, Encinitas, CA On-Call Traffic Engineering Services, City of San Jacinto, San Jacinto, CA On-Call Traffic Engineering Services, City of Carlsbad, Carlsbad, CA YEARS
21 EDUCATION
BA, Geography with Emphasis in
Urban Planning, San Diego State
University

CREDENTIALS
American Institute of Certified
Planners (AICP) No. 21447

KAREN VAN ERT PE
CIVIL ENGINEER /PROJECT MANA GER
Karen Van Ert is an Associate Principal at RICK. Along with supervising a team of drafters and designers, Karen is experienced in the design of streets, grading, drainage systems, and underground improvements associated with single and multi-family residential and commercial projects.

Karen has managed numerous public facility projects from the preparation of PS&E to construction support.

REPRESENTATIVE PROJECTS INCLUDE:

As-Needed Engineering Services, City of Santee, Santee, CA On-Call Engineering Services, San Diego Unified Port District, San Diego, CA On-Call Engineering Services, County of San Diego, San Diego, CA YEARS
29 EDUCATION
BS, Civil Engineering,
San Diego State University

CREDENTIALS
Professional Engineer (PE) in CA,
No. 56991
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11 HOON HAHN PE

CIVIL ENGINEER
Hoon Hahn serves as Office Manager in RICK’s Santa Clarita office. Work assignments consist of managing design teams performing preliminary design and preparation of plans, specifications and estimates (PS&E) for streets, highways, as well as general land development projects.

Throughout his nearly 29 years of experience working for public agencies, he has delivered and have been involved with many capital projects throughout several agencies, such as City of Santa Clarita, City of La Canada Flintridge, City of Oxnard, City of Pasadena, and City of Burbank. Of the 29 years of experience, he has over 10 years of experience plan checking, preparing conditions of approval, and development agreement for land development projects for the City of Santa Clarita and 3 years with City of Paso Robles.

Hoon’s 10 years of experience, working for City of Santa Clarita, has allowed him to gain intimate knowledge of City of Santa Clarita’s plan submittal process, He understands the City’s plan submittal checklist, plan check fee calculation and plan review checklist. He is responsible for quality control and assurance, project scheduling, budget tracking, and client relations.

REPRESENTATIVE PROJECTS INCLUDE:

On-Call Engineering Services, City of Santa Clarita, Santa Clarita, CA City Staff, City of Santa Clarita, Santa Clarita, CA *
City Staff, City of Oxnard, Oxnard, CA *
City Staff, City of Burbank, Burbank, CA *
* Work prior to RICK Engineering
YEARS
29 EDUCATION
BS, Civil Engineering, University
of California, Los Angeles

CREDENTIALS
Registered Civil Engineer in CA,
No. 60003

CARSON EDGINGTON PE

CIVIL ENGINEER
Carson Edgington is an Associate Principal in RICK’s San Diego office. He manages a design team of engineers, designers, and drafters for an array of land development and public works projects including grading, surface improvements, transportation, drainage, and sub-surface utilities. Carson has extensive experience in preparing grading, drainage, and alignment studies, as well as final engineering documents. He has also worked closely with local agencies throughout the counties of San Diego and Riverside to process and facilitate plan approvals.

REPRESENTATIVE PROJECTS INCLUDE:

As-Needed Engineering Contract (No. 522162 & 55433), County of San Diego, San Diego, CA
On-call Engineering Services, City of Menifee, Menifee, CA On-call Engineering Services, City of Lemon Grove, Lemon Grove, CA YEARS
27 EDUCATION
BS, General Engineering,
Idaho State University

CREDENTIALS
Professional Engineer in CA,
No. 76519
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12 JENNIFER CAMPOS
PROJECT DIRE CTOR
Jennifer Campos serves as a RECON Environmental Project Director for CEQA compliance. She leads a team of environmental planners, archaeologists, biologists, noise, and air quality specialists to ensure successful completion of environmental processing requirements for both public agencies and private clients. With over 20 years of experience in the environmental field, Jennifer brings a strong planning background and understanding of the latest planning initiatives in the areas of housing, t ransit-oriented d evelopment, m obility h ubs, a ctive t ransportation, a nd s mart growth initiatives. Her planning background ensures careful consideration of key policy documents and their role in framing the environmental analysis. She successfully guides clients and facilitates preparation of quality environmental documents for a variety of public agencies and most recently led the environmental effort for the City’s Complete Communities effort. Jennifer has worked with both the public and private sectors and has an exceptionally wide range of expertise including managing the preparation of environmental and planning documents for projects in the southern and central coast regions of California.

REPRESENTATIVE PROJECTS INCLUDE:

As-Needed Environmental Planning Services, City of San Diego Planning Department, San Diego, CA
Organic Materials Ordinance Update MND, County of San Diego Planning and Development Services, San Diego County, CA
Escondido Victory Industrial Park, Escondido, CA
YEARS
20 EDUCATION
M.S. International Agricultural
Development, University of
California, D avis
B.A. Geography, University of
California, Berkeley

CREDENTIALS
County of San Diego Approved
CEQA Consultants List;
Agricultural Resources and EIR
Preparer

LORI SPAR

ENVIRONMENTAL PROGRAM MANAGER
Lori Spar is an environmental program manager with a broad history of experience in project management, environmental planning and analysis, and environmental litigation. Her work in the legal community allows her to provide valuable insights on land use requirements and procedures. She has performed varying tasks, from processing and planning of complex projects and CEQA/NEPA document preparation and r eview.

Lori’s experience preparing environmental documents for both private development and long-range planning initiatives in the San Diego area has provided her with the local knowledge required to effectively prepare legally defensible and high-quality environmental documents for complex and high-profile projects. She has managed large-scale and controversial projects requiring general plan and community plan amendments, rezones, and implementation of housing element programs.

REPRESENTATIVE PROJECTS INCLUDE:
2021 - 2029 6th Cycle Housing Element Rezone Program Implementation PEIR, City of Santee, Santee, CA
Blueprint San Diego Program EIR, San Diego, CA
As-Needed Environmental Consulting Services, City of Del Mar, Del Mar, CA YEARS
22 EDUCATION
L.L.M. Environmental Law,
University of San Diego
J.D. Benjamin Cardozo School of
Law
B.A. Political Science, State
University of New York,
Binghamton

CREDENTIALS
County of San Diego Approved
CEQA Consultants List; EIR
Preparer
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13 NICK LARKIN
SENIOR ENVIR ONMENTAL PR OJECT MANA GER
Nick Larkin is a senior project manager who leads large, interdisciplinary consultant teams in the process of gaining entitlement and environmental compliance approvals, including CEQA/NEPA compliance, for a variety of regulatory programs and infrastructure projects. His expertise includes preparation of EIRs and Mitigated Negative Declarations for CEQA, and preparation of EISs and Environmental Assessments for NEPA, for infrastructure, public works, airports, roadway improvements, and energy projects. He has served as project manager on major EIR documents for complex and high-profile projects in southern California, providing close coordination with clients and team members, participation in project scoping meetings and hearings, ensuring compliance with project budgets and schedules, and providing quality control. He is experienced with managing and preparing programmatic environmental documents supporting planning efforts for various jurisdictions.

REPRESENTATIVE PROJECTS INCLUDE:

County of San Diego Adjunct Staff, San Diego County, CA Lantern Crest Ridge II Mitigated Negative Declaration, Santee, CA Rancho Springs Medical Center Expansion Project, Murrieta, CA YEARS
20 EDUCATION
M.A. Urban Planning, University
of California Los Angeles
B.A. Urban Studies and Planning,
University of California San Diego

CREDENTIALS
County of San Diego Approved
CEQA Consultants List;
Agricultural Resources and EIR
Preparer

BRONWYN BROWN
ENVIRONMENTAL PR OJECT MANA GER
Bronwyn Brown serves as a RECON project manager. With over 14 years of experience in the environmental and planning field including managing complex and controversial projects, Bronwyn successfully guides clients and facilitates preparation of quality environmental and planning documents for a variety of projects. As a former planning manager with the County of San Diego, she has experience managing entitlements for both the public and private sector. Bronwyn has an exceptionally wide range of expertise including managing the preparation of environmental and planning documents for projects in the County of San Diego, City of San Diego, and other local agencies. Bronwyn additionally has a full range of experience with large-scale projects including mixed-use, commercial, renewable energy and residential developments, public facilities, and infrastructure.

REPRESENTATIVE PROJECTS INCLUDE:

Nakano Property Program EIR, Tri Pointe Homes, San Diego and Chula Vista, CA Quarry Road Self-Storage and RV Parking Facility Project, San Diego County, CA Providence Christian College, San Diego County, CA
YEARS
14 EDUCATION
Bachelor of Planning, University
of A uckland, N ew Z ealand
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14 CAILIN LYONS

BIOLOGY DIRECTOR
Cailin Lyons serves as Director of RECON's biology group. She leads a team of biologists and environmental scientists to ensure successful completion of both public and private projects. Cailin has extensive experience in the implementation of Natural Communities Conservation Plans (NCCPs) throughout southern California and has served as a technical reviewer for multiple jurisdictions to e nsure compliance with the state and federal endangered species acts. With this experience, she ensures that regulatory requirements related to biological resources are considered during the initial phases of project planning. She also has extensive experience in the preparation and implementation of natural resources management plans and has served as the biological lead on many of RECON's preserve management contracts. Throughout her career, she has led numerous field surveys for special-status resources including coastal California gnatcatcher, least Bell’s vireo, western burrowing owl, rare plants, vernal pools and other sensitive resources.

REPRESENTATIVE PROJECTS INCLUDE:

Otay Ranch Preserve Habitat Management, City of Chula Vista/County of San Diego, Chula Vista, CA
Otay Lakes RV and Boat Parking, San Diego County, CA
As-Needed Environmental Services Contract, City of San Diego Public Utilities Department, San Diego, CA
ADDITIONAL CERTIFICATIONS:

OSHA 10-Hour Training Course in Construction Safety and Health, USFWS Permit TE-797665 for Coastal California Gnatcatcher

CARMEN ZEPEDA-HERMAN

SENIOR ARCHAEOLOGIST
As RECON's Senior Archaeologist, Carmen Zepeda-Herman is responsible for leading and conducting field surveys, test excavations, data recovery excavations, and construction monitoring for cultural resource studies. She conducts background research, site records maintenance, and assembles crews for completion of projects with extensive experience in the southern California desert regions. Carmen regularly works with a range of regulatory and assessment frameworks including the National Historic Preservation Act, National Register of Historic Places, California Register of Historic Resources, and CEQA. She is certified by the Register of Professional Archaeologists (RPA) and meets the Secretary of the Interior's Professional Qualification Standards for Archaeology (36 CFR Part 61).

REPRESENTATIVE PROJECTS INCLUDE:

IDIQ Miscellaneous Environmental Services for Civil Works Projects, USACE Los Angeles District, DACW-09-02-D-0023
County of San Diego Department of Public Works, As-Needed Environmental Services, San Diego, CA
County of San Diego, Department of General Services, As-Needed Environmental Services, San Diego County, CA
Northeast Gateway 64 Project, Escondido, CA
ADDITIONAL CERTIFICATIONS:

City of San Diego Qualified Archaeological Principal Investigator, Orange County Certified Consultants List Archaeologist, County of Riverside Cultural Resources Consultants List YEARS
22 EDUCATION
M.A. Anthropology,
San Diego State University
B.A. Anthropology, University of
California, Berkeley

CREDENTIALS
Registered Professional
Archaeologist, No. 15119
California BLM Cultural Resource
Use Permit CA-22-28
California Department of
Transportation, PQS Equivalent,
Principal Investigator in
Prehistoric Archaeology
YEARS
15 EDUCATION
Graduate Certificate in
International Development &
Environmental Policy, Harvard
University
M.L.A. Extension Studies -
Sustainability & Environmental
Management, Harvard University
B.S. Environmental Management
and Protection, Minor, Land
Rehabilitation, California
Polytechnic State University
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15 JESSICA FLEMING

NOISE, AIR QUALITY AND GHG SPECIALIST
Jessica Fleming is a senior noise, air quality, and greenhouse gas (GHG) specialist whose responsibilities include conducting acoustical, air quality, and GHG technical studies that require ambient conditions identification, dispersion and emission models, and preparation and processing of reports. Jessica is proficient with various air quality and noise models including SoundPLAN, FHWA TNM, CalEEMod, URBEMIS, EMFAC, CalRoads, CREATE, AERMOD, and the Environmental Protection Agency's AP42 methodologies. She has extensiv0065 knowledge of environmental regulations related to noise, air quality, and greenhouse gases.

REPRESENTATIVE PROJECTS INCLUDE:

Jehovah's Witness Assembly Hall Annex Specific Plan, Escondido, CA Air Quality Review and Analysis Services, County of Riverside, Riverside County, CA On-Call Third-Party Technical Review, Chula Vista, CA
Escondido Industrial Park Addendum, Escondido, CA
Centre City Shopping Center, Escondido, CA
YEARS
17 EDUCATION
B.S. Mathematics, University of
Santa Barbara

CREDENTIALS
County of San Diego Approved
CEQA Consultants List; Air
Quality and Noise
OSHA 10-Hour Training Course in
Construction Safety and Health

FRANK MCDERMOTT GISP

GIS/UAV MANAGER
Frank McDermott is RECON's GIS/UAV Manager with experience in vector, raster, 3D, image and spatial analysis using the latest industry leading software including ArcGIS Desktop, ArcGIS Pro, Pix4D, ArcGIS Online, Collector for ArcGIS, and Survey123. He works with biologists, archaeologists, and environmental analysts to compile, analyze, and synthesize data from various sources, including UAV (drones), GPS and tablet- based field data collection technology and data created through digitizing and other secondary sources. He also has extensive experience building custom geodatabases to fit specific project needs.

REPRESENTATIVE PROJECTS INCLUDE:

GIS/UAV Manager, Secondary Fence Replacement Environmental Stewardship Plan, San Diego Sector, CA
GIS/UAV Manager, San Diego Primary Fence Replacement Restoration and Environmental Monitoring, San Diego, CA
GIS/UAV Manager, As-Needed Environmental Services for Non-Federally Funded Projects, County of San Diego, CA
YEARS
24 EDUCATION
B.S. Environmental Planning and
Design, Rutgers University

CREDENTIALS
Geographic Information Systems
Professional, No. 59274
FAA Part 107 Remote Pilot
Certification with Small UAS
Rating, No. 3937655
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16 c. Firm Distinguishes
Long Standing History - RICK Engineering is a qualifie d and e xperienced partner f or the City of Esc ondido, committed t o w orking c ollaboratively with City s taff t o best ser ve the needs of the r apidly e xpanding c ommunity.

With a long-s tanding his tory of success ful c ollaborations with Esc ondido and neighbo ring c ommunities such as Vista, Carlsbad, Oceanside, F allbrook, San Mar cos, and other municipalities thr oughout San Dieg o, RICK brings valuable expertise and insight to the table.

Familiarity with the City's Processes and Chain of
Command - Since w e ar e curr ently w orking t ogether and have w orked t ogether in the p ast, this allo ws us t o access the righ t peopl e and in formation quickly and accur ately.

Our t eam is pr oficient in using the City's pr eferred software s ystems, CityW orks, P rojectDox, OnBase, and City submitt al port al c oordination, and has e xtensive experience wit h digit al documen tation. Our pr oposed team of planner s, engine ers, and en vironmental specialists will ser ve as a liai son be tween the City and applicants to ensure compliance with City regulations.

On-Call Environmental Consulting Services - RICK
has br ought in our long-s tanding en vironmental partners, RE CON, t o pr epare or peer -review his torical environmental documen ts and t echnical s tudies in compliance with NEP A s tandards. Our t eam is f amiliar with the City's digit al plan r eview softw are t o pr ovide plan r eview c omments. With dec ades of e xperience providing plan r eview ser vices f or clien ts thr oughout Southern Calif ornia, our t eam has the e xpertise t o confirm c ompleteness and c onformance with our plan review checks, providing the City peace of mind.

Smooth and Collaborative Partnerships - Throughout
the pr ocess, RICK will c ontinuously check with v arious City ag encies, building on our longs tanding r elationships to f acilitate a smooth and c ollaborative partner ship.

As an e xtension of the City 's s taff, with the mutual goal of providing a safe, clean, and efficiently run
community.*
"Why Should the City of Escondido Engage with the RICK Team?" d. Relevant Projects
The following section details the RICK Team’s experience on projects similar in size and scope to those anticipated on this On-Call Development Services contract.

Client/Project Name Client Contact Services Provided
i.

City of Escondido,
On-Call Services
2022-Ongoing
Adam Finestone, City Planner
(760) 839-6203
[email protected]
201 North Broadway, Escondido, CA 92025
Project Management, Plan Check for
Wide Range of Development Projects,
Staff Reports, Resolutions and Findings for
Hearings
ii.

County of San Diego,
Advanced Planning and Land
Development On-Call
2016-Ongoing
Don Chase, Planning Manager
(858) 495-5199
[email protected]
5510 Overland Ave., San Diego, CA 92123
Project Management, Long Range Planning,
Ordinances, Economic Analysis, Project
Review/Plan Check, EIR Preparation and
Processing, Review of Traffic Studies
iii.

City of San Marcos,
Development Services On-Call
2018-Ongoing
Joseph Farace, Planning Manager
(760) 744-1050 x3248
[email protected]
1 Civic Center Drive, San Marcos, CA 92069
Project Review and Processing, Ordinances/
Zoning Code Revisions, Permit Streamlining
iv.

City of Murrieta,
On-Call Planning Services
2022-Ongoing
Jarrett Ramaiya, Deputy Director
(951) 461-6069
[email protected]
One Town Square, Murrieta, CA 92562
Project Management, Project Review and
Processing, Preparation of Staff Reports,
Resolutions and Findings
v.

City of Murrieta,
On-Call Traffic Engineering
2004-Ongoing
Bob Moehling, Public Works Director
(951) 461-6036
[email protected]
One Town Square, Murrieta, CA 92562
Review of Traffic Studies, EIR Traffic Analysis,
Traffic Signal Plans, Signing and Striping
Plans, Straffic Control Plans
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17 vi.

County of San Diego,
As-Needed Traffic Engineering
2018-Ongoing
Jim Bolz, Project Manager
(858) 694-2830
[email protected]
5510 Overland Ave., San Diego, CA 92123
Drainage Improvements, Street Extensions,
Roadway Improvements
vii.

City of Encinitas, Plan Check
and Traffic Study Reviews
2023-2023
Abraham Bandegan, City Traffic Engineer
(760) 633-2705
[email protected]
505 S. Vulcan Avenue, Encinitas, CA 92024
Plan Check, Traffic Study Reviews
viii.

City of Santa Clarita,
As-Needed Staff
Augmentation Services
2023-Ongoing
Damon Letz, City Engineer
(661) 255-4942
[email protected]
23920 Valencia Blvd., Ste. 300
Santa Clarita CA 91355
Project Management, Plan Check,
Construction Observation
ix.

San Diego Unified Port
District, As-Needed Civil
Engineering
2012-Ongoing
Mark Mclntire, Capital Project Manager II
(619) 686-6084 (cell)
[email protected]
3165 Pacific Highway, San Diego, CA 92101
Civil Engineering, Landscape Architecture,
Traffic Engineering, Surveying, Plan Checking,
Utility Coordination, SWPPP , Stakeholder
Coordination
x.

County of San Diego, As-
Needed Civil Engineering
Services for Watershed
Structural Projects
2018-Ongoing
René Vidales, PE, ENV SP , Project Manager
(858) 694-3246
[email protected]
1600 Pacific Highway, Rm 166,
San Diego, CA 92101
Preparing Construction Documents for
Roadway, Water Quality and Stormwater
Conveyance, Peer Review, Construction
Estimates
e. Maximum Proposed Turnaround Time
Although the schedule for individual projects will be dependent on project-specific requirements, RICK has long history of meeting, and in many cases, expediting project schedules to meet pressing demands. Project schedules will be discussed with the City during initial informational and scoping meetings and RICK will develop a strategy for meeting the schedule and key milestones.
ii. On-Call Staffing in Support of Planning or
Engineering Land Development Functions
Planning and Engineering
Task Timeline
First Review: Plan Review of Planning
Applications 10-15 working days
Subsequent Reviews 5-10 working days
First Review: Landscape Plan 10-12 working days
Subsequent Landscape Plan Reviews 5 working days
First Review: Street improvement plans,
grading plans, drainage studies, storm
water quality management plans
3 weeks
Subsequent Reviews 1-2 weeks
First Review: Final map for a residential
subdivision of 25-lots or fewer or 10,000
square feet commercial project
4 weeks
Subsequent Reviews 2 weeks
Review of Traffic Impact Analysis/VMT Analysis (Typical) Task Timeline
1st Submittal 10 working days
2nd Submittal 5 working days
3rd Submittal 2 working days
Preparation of COA's 5 working days
Review of Traffic Signal Plan (Typical)
Task Timeline
1st Submittal 10 working days
2nd Submittal 5 working days
3rd Submittal 2 working days
Mylar Submittal 2 working days
iii. On-Call Environmental Consulting Services
Technical Studies:

ESTIMATED SCHEDULE- TECHNICAL STUDIES
Task Timeline
Contract Execution
Kickoff meeting and gather project
information needed for technical report
preparation.
1 month
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City of Escondido | On-Call Development Services
18 Technical Sur veys and R eports c ompleted
and submitted to the City 3 months
City review of Technical Reports 30 days est.

Revisions and Final Technical Reports
submitted to the City 14 days
City signs off on Technical Reports/
Environmental Determination 20 days est.

The general timeline for preparation of technical reports, from kick-off to final report, is estimated to be six (6) months provided all technical data and critical path items are received one month from project kick-off.

Environmental Documents:

ESTIMATED SCHEDULE - ADDENDUM TO EIR/MND
Task Timeline
RECON submits Draft Addendum
One month
from approval
of technical
reports and City
authorization of
Addendum
City completes review of Draft
Addendum 30 days est.

RECON submits Revised Draft Addendum 14 days
City signs off on Addendum 20 days
RECON submits Final Addendum to the
City 7 days
City signs off on Technical Reports/
Environmental Determination 20 days est.

The general timeline for preparation of an Addendum
to EIR/MND is estimated to be five (5) months from
acceptance of technical reports and authorization to
proceed with an Addendum.

Estimated Schedule - ND/MND
Task Timeline
RECON submits Draft MND
Six weeks
from approval
of technical
reports and City
authorization of ND/
MND
City completes review of Draft MND 30 days est.

RECON submits Revised Draft MND 14 days
City reviews Draft MND 20 days est.

RECON finalizes Draft MND 7 days
RECON pr epares Notice of In tent of
Preparation of a MND and d istribute
documents t o St ate Clearinghouse t o
initiate public review
30 calendar days
RECON responds to public comments
and prepares Final MND 14 days
City review of responses to comments
and Final MND 30 days est.

RECON finalizes Final MND based on City
comments 5 days

The general timeline for preparation of an Addendum
to EIR/MND is estimated to be six (6) months from
acceptance of technical reports and authorization to
proceed with an ND/MND. Timeline may be extended
depending on complexity of project and number of
comments received during public review.

Estimated Schedule - EIR
Task Timeline
RECON submits Draft EIR
8 weeks from
approval of
technical
reports and City
authorization of EIR
City completes review of Draft EIR 30 days est.

RECON submits Revised Draft EIR 14 days
City signs off on Draft EIR 20 days
RECON completes Draft EIR for public
review 7 days
Public Review 45 days
RECON prepares responses to comments
and draft Final EIR 30 days
City reviews responses to comments and
draft Final EIR 30 days
RECON completes Final EIR for
certification 14 days
City certifies Final EIR 30 days

The g eneral tim eline f or pr eparation of an EIR is es timated to be ten (10) months fr om accep tance of t echnical r eports and authorization to proceed with an EIR.

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City of Escondido | On-Call Development Services
19 Name/Role Years of
Experience Experience/Qualifications
i.

Jennifer Campos
Oversight and Quality
Control of CEQA
Documents and Technical
Reports
20 Years
• As-Needed Environmental Planning Services, City of San Diego Planning Department, San Diego, CA
• Organic Materials Ordinance Update MND, County of San Diego Planning and Development Services, San Diego County, CA
• Escondido Victory Industrial Park, Escondido, CA
Lori Spar
Lead Preparer for CEQA
Documents
22 Years
• City of Santee 2021 - 2029 6th Cycle Housing Element Rezone Program Implementation PEIR, Santee, CA
• Blueprint San Diego Program EIR, San Diego, CA
• As-Needed Environmental Consulting Services, City of Del Mar, CA Nick Larkin
Lead Preparer for CEQA
Documents
20 Years
• County of San Diego Adjunct Staff, San Diego County, CA • Lantern Crest Ridge II Mitigated Negative Declaration, Santee, CA • Rancho Springs Medical Center Expansion Project, Murrieta, CA Bronwyn Brown
Lead Preparer for CEQA
Documents
14 Years • Nakano Property Program EIR, Tri Pointe Homes, San Diego and Chula Vista, CA • Quarry Road Self-Storage and RV Parking Facility Project, San Diego County, CA • Providence Christian College, San Diego County, CA
ii.

Jessica Fleming
Air Quality Specialist/
Greenhouse Gas Emissions/
Climate Change Analysis
Preparer
17 Years
• Jehovah's Witness Assembly Hall Annex Specific Plan, Escondido, CA • County of Riverside Air Quality Review and Analysis Services, Riverside County, CA • On-Call Third-Party Technical Review, Chula Vista, CA iii.

Cailin Lyons
Biologists/Biological
Resources Report Preparer
15 Years
• Otay Ranch Preserve Habitat Management, City of Chula Vista/County of San Diego, Chula Vista, CA
• Otay Lakes RV and Boat Parking, San Diego County, CA
• As-Needed Environmental Services Contract, City of San Diego Public Utilities Department, San Diego, CA
iv.

Carmen Zepeda-
Herman, MA, RPA
Archaeologist and Tribal/
Cultural Resources Report
Preparer
22 Years
• IDIQ Miscellaneous Environmental Services for Civil Works Projects, USACE Los Angeles District, DACW-09-02-D-0023
• County of San Diego Department of Public Works, As-Needed Environmental Services, San Diego, CA
• County of San Diego, Department of General Services, As-Needed Environmental Services, San Diego County, CA
v.

Brian Stephenson,

PE, TE, PTOE
Traffic Engineers/Traffic
Analysis Preparers
25 Years
• Consultant Traffic Engineer, City of Murrieta, Murrieta, CA • As-Needed Traffic Engineering Services, City of San Bernardino, CA • On-Call Traffic Engineering Services, City of Rialto, CA • Traffic Engineering Plan Checking – Murrieta, Ontario, Lake Elsinore, Placentia, CA • Intersection Safety Studies, City of Sacramento, Sacramento, CA David Mizell, AICP
Traffic Engineers/Traffic
Analysis Preparers
21 Years
• On-Call Traffic Engineering Services, City of Menifee, Menifee,CA • On-Call Traffic Engineering Services, City of Encinitas, Encinitas, CA • On-Call Traffic Engineering Services, City of San Jacinto, San Jacinto, CA • On-Call Traffic Engineering Services, City of Carlsbad, Carlsbad, CA vi.

Frank McDermott, GISP
Drone Operator/
GIS Analyst/Graphics
Preparation
24 Years
• Secondary Fence Replacement Environmental Stewardship Plan, San Diego Sector, CA
• San Diego Primary Fence Replacement Restoration and Environmental Monitoring, San Diego, CA
• As-Needed Environmental Services for Non-Federally Funded Projects, County of San Diego, CA
h. On-Call Environmental Consulting Services:

Minimum Experience and Qualifications
The table below demonstrates that RICK and subconsultants will meet the minimum experience and qualifications identified in the RFP . If the need arises, additional staff are available for all technical preparers and resumes will be submitted before the work begins.

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City of Escondido | On-Call Development Services
20 04 FEES/COST PROPOSAL
RICK's Hourly Rates

Hourly Rates – California Offices
April 1, 2023 – August 25, 2023
_____________________________________________________________________________________________________________________________________ Rates subject to change for prevailing wage contracts.

When authorized, overtime shall be charged at the listed rates times 1.5.

Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses.

A fifteen (15) percent fee for administration, coordination and handling will be added to all subcontracted services.

Page of
Principal Consultant (Special Projects) .............................. $300.00 Principal .............................................................................. 290.00 Associate Principal .............................................................. 270.00 Associate/Manager ............................................................. 250.00 Expert Witness ..................................................................... 450.00 Court Appearance per half day or part............................... 1,800.00

Senior Project Manager/Engineering Manager ................. $ 245.00 Principal Project Engineer/Manager .................................... 230.00 Associate Project Engineer/Manager ................................... 205.00 Assistant Project Engineer/Manager .................................... 190.00 Principal Engineering Designer ........................................... 170.00 Associate Engineering Designer .......................................... 150.00 Assistant Engineering Designer .......................................... 135.00 Principal Engineering Drafter ............................................. 130.00 Associate Engineering Drafter ............................................ 120.00 Assistant Engineering Drafter ............................................ 110.00

Senior Transportation/Traffic Engineer ............................. $ 240.00 Principal Transportation/Traffic Engineer ........................... 230.00 Associate Transportation/Traffic Engineer .......................... 205.00 Assistant Transportation/Traffic Engineer ........................... 190.00 Principal Transportation/Traffic Designer ........................... 170.00 Associate Transportation/Traffic Designer .......................... 150.00 Assistant Transportation/Traffic Designer .......................... 135.00

Principal Planner II ............................................................. $215.00 Principal Planner I ............................................................... 200.00 Senior Planner II ................................................................... 185.00 Senior Planner I .................................................................... 170.00 Associate Planner ................................................................ 150.00 Assistant Planner ................................................................. 130.00 Planning Technician ............................................................ 110.00

Principal Project Landscape Architect/Manager .............. $ 205.00 Associate Project Landscape Architect/Manager .............. 185.00 Assistant Project Landscape Architect/Manager ............... 165.00 Principal Landscape/Urban Designer ................................. 140.00 Associate Landscape/Urban Designer ............................... 130.00 Assistant Landscape/Urban Designer ................................ 115.00

Principal Environmental Project Manager ........................ $ 200.00 Associate Environmental Project Manager ........................ 185.00 Assistant Environmental Project Manager ........................ 165.00 Principal Environmental Specialist.................................... 145.00 A
ssociate Environmental Specialist .................................. 135.00 Assistant Environmental Specialist ..................................... 120.00 Environmental Technician .................................................. 110.00

Principal Water Resources Engineer/Manager ................. $ 235.00 Principal Water Resources Designer .................................. 170.00 Associate Water Resources Designer ................................. 150.00 Assistant Water Resources Designer ................................. 135.00

GIS Manager ..................................................................... $ 200.00 GIS Programmer ................................................................ 170.00 Principal GIS Project Manager .......................................... 190.00 Associate GIS Project Manager ........................................... 175.00 Assistant GIS Project Manager .......................................... 160.00 Principal GIS Analyst ........................................................ 150.00 Associate GIS Analyst ....................................................... 140.00 Assistant GIS Analyst ........................................................ 125.00 Principal Graphics Designer ............................................... 135.00 Associate Graphics Designer .............................................. 125.00 Assistant Graphics Designer ............................................... 115.00 CAD Manager ..................................................................... 180 .00

Field Supervisor ............................................................... $ 220.00 One-person Survey Party ................................................... 180.00 One-person Survey Party with Robotics ............................ 230.00 Two-person Survey Party ................................................... 2 80.00 Three-person Survey Party ................................................ 380.00

3D Laser Scanning Crew (One-Person) ............................ $ 240.00 3D Laser Scanning Crew (Two Person) ............................. 290.00

Principal 3D Laser Scanning Project Manager ................. $ 200.00 Associate 3D Laser Scanning Project Manager .................. 175.00 Assistant 3D Laser Scanning Project Manager ................... 165.00 Principal 3D Laser Scanning Specialist .............................. 145.00 Associate 3D Laser Scanning Specialist ............................. 135.00 Assistant 3D Laser Scanning Specialist .............................. 125.00 Principal 3D Laser Scanning Technician ............................. 115.00 Associate 3D Laser Scanning Technician ........................... 105.00 Assistant 3D Laser Scanning Technician.............................. 95.00

Photogrammetry Supervisor .............................................. $ 185.00 Principal Photogrammetrist ............................................... 160.00 Associate Photogrammetrist ............................................... 130.00 Assistant Photogrammetrist ................................................ 120.00

Principal Survey Analyst ................................................... $ 195.00 Associate Survey Analyst ................................................... 160.00 Assistant Survey Analyst ..................................................... 130.00

Associate Project Administrator ....................................... $ 100.00 Assistant Project Administrator ............................................ 80.00 Administrative Assistant/Manager................................ ........ 85.00

Hourly Rates – California Offices
April 1, 2023 – August 25, 2023
_____________________________________________________________________________________________________________________________________ Rates subject to change for prevailing wage contracts.

When authorized, overtime shall be charged at the listed rates times 1.5.

Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses.

A fifteen (15) percent fee for administration, coordination and handling will be added to all subcontracted services.

Page of
Principal Consultant (Special Projects) .............................. $300.00 Principal .............................................................................. 290.00 Associate Principal .............................................................. 270.00 Associate/Manager ............................................................. 250.00 Expert Witness ..................................................................... 450.00 Court Appearance per half day or part............................... 1,800.00

Senior Project Manager/Engineering Manager ................. $ 245.00 Principal Project Engineer/Manager .................................... 230.00 Associate Project Engineer/Manager ................................... 205.00 Assistant Project Engineer/Manager .................................... 190.00 Principal Engineering Designer ........................................... 170.00 Associate Engineering Designer .......................................... 150.00 Assistant Engineering Designer .......................................... 135.00 Principal Engineering Drafter ............................................. 130.00 Associate Engineering Drafter ............................................ 120.00 Assistant Engineering Drafter ............................................ 110.00

Senior Transportation/Traffic Engineer ............................. $ 240.00 Principal Transportation/Traffic Engineer ........................... 230.00 Associate Transportation/Traffic Engineer .......................... 205.00 Assistant Transportation/Traffic Engineer ........................... 190.00 Principal Transportation/Traffic Designer ........................... 170.00 Associate Transportation/Traffic Designer .......................... 150.00 Assistant Transportation/Traffic Designer .......................... 135.00

Principal Planner II ............................................................. $215.00 Principal Planner I ............................................................... 200.00 Senior Planner II ................................................................... 185.00 Senior Planner I .................................................................... 170.00 Associate Planner ................................................................ 150.00 Assistant Planner ................................................................. 130.00 Planning Technician ............................................................ 110.00

Principal Project Landscape Architect/Manager .............. $ 205.00 Associate Project Landscape Architect/Manager .............. 185.00 Assistant Project Landscape Architect/Manager ............... 165.00 Principal Landscape/Urban Designer ................................. 140.00 Associate Landscape/Urban Designer ............................... 130.00 Assistant Landscape/Urban Designer ................................ 115.00

Principal Environmental Project Manager ........................ $ 200.00 Associate Environmental Project Manager ........................ 185.00 Assistant Environmental Project Manager ........................ 165.00 Principal Environmental Specialist.................................... 1 45.00 Associate Environmental Specialist .................................. 135.00 Assistant Environmental Specialist ..................................... 120.00 Environmental Technician .................................................. 110.00

Principal Water Resources Engineer/Manager ................. $ 235.00 Principal Water Resources Designer .................................. 170.00 Associate Water Resources Designer ................................. 150.00 Assistant Water Resources Designer ................................. 135.00

GIS Manager ..................................................................... $ 200.00 GIS Programmer ................................................................ 170.00 Principal GIS Project Manager .......................................... 190.00 Associate GIS Project Manager ........................................... 175.00 Assistant GIS Project Manager .......................................... 160.00 Principal GIS Analyst ........................................................ 150.00 Associate GIS Analyst ....................................................... 140.00 Assistant GIS Analyst ........................................................ 125.00 Principal Graphics Designer ............................................... 135.00 Associate Graphics Designer .............................................. 125.00 Assistant Graphics Designer ............................................... 115.00 CAD Manager ..................................................................... 180 .00

Field Supervisor ............................................................... $ 220.00 One-person Survey Party ................................................... 180.00 One-person Survey Party with Robotics ............................ 230.00 Two-person Survey Party ................................................... 2 80.00 Three-person Survey Party ................................................ 380.00

3D Laser Scanning Crew (One-Person) ............................ $ 240.00 3D Laser Scanning Crew (Two Person) ............................. 290.00

Principal 3D Laser Scanning Project Manager ................. $ 200.00 Associate 3D Laser Scanning Project Manager .................. 175.00 Assistant 3D Laser Scanning Project Manager ................... 165.00 Principal 3D Laser Scanning Specialist .............................. 145.00 Associate 3D Laser Scanning Specialist ............................. 135.00 Assistant 3D Laser Scanning Specialist .............................. 125.00 Principal 3D Laser Scanning Technician ............................. 115.00 Associate 3D Laser Scanning Technician ........................... 105.00 Assistant 3D Laser Scanning Technician.............................. 95.00

Photogrammetry Supervisor .............................................. $ 185.00 Principal Photogrammetrist ............................................... 160.00 Associate Photogrammetrist ............................................... 130.00 Assistant Photogrammetrist ................................................ 120.00

Principal Survey Analyst ................................................... $ 195.00 Associate Survey Analyst ................................ ................... 160.00 Assistant Survey Analyst ..................................................... 130.00

Associate Project Administrator ....................................... $ 100.00 Assistant Project Administrator ............................................ 80.00 Administrative Assistant/Manager........................................ 85.00 Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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58 Item6.

City of Escondido | On-Call Development Services
21 RECON's Hourly Rates

An Employee-Owned Company
3111 Camino del Rio North, Suite 600, San Diego, CA 92108-5726 | 619.308.9333 | reconenvironmental.com SAN DIEGO | BAY AREA | TUCSON

MMIINNIIMMUUMM SSTTAANNDDAARRDD RRAATTEE SSCCHHEEDDUULLEE LLAABBOORR CCAATTEEGGOORRYY ........................................................................................................................................................................................................................................................................................................................................ RRAATTEE

EENNVVIIRROONNMMEENNTTAALL
ENVIRONMENTAL PRINCIPAL ........................................................................................................................................................ $250.00 ENVIRONMENTAL PROJECT DIRECTOR ...................................................................................................................................... $235.00 ENVIRONMENTAL PROGRAM MANAGER .................................................................................................................................. $220.00 SENIOR PROJECT MANAGER .......................................................................................................................................................... $208.00 SENIOR ................................................................................................................................................................................................... $189.00 ASSOCIATE PROJECT MANAGER ................................................................................................................................................... $167.00 ASSOCIATE ........................................................................................................................................................................................... $159.00 ANALYST III ............................................................................................................................................................................................ $145.00 ANALYST II ............................................................................................................................................................................................. $125.00 ANALYST I .............................................................................................................................................................................................. $110.00 ASSISTANT ............................................................................................................................................................................................. $95.00 RESOURCE MONITOR II .................................................................................................................................................................... $84.00 RESOURCE MONITOR I ..................................................................................................................................................................... $74.00

RREESSTTOORRAATTIIOONN
RESTORATION PRINCIPAL................................................................................................................................................................ $212.00 NOR CAL RESTORATION DIRECTOR ............................................................................................................................................ $180.00 RESTORATION PROJECT DIRECTOR ............................................................................................................................................. $175.00 RESTORATION PROJECT MANAGER ........................................................................................................................................... $160.00 RESTORATION ANALYST ................................................................................................................................................................. $135.00 RESTORATION ASSISTANT ............................................................................................................................................................. $105.00 FIELD DIRECTOR .................................................................................................................................................................................. $135.00 NOR CAL FIELD DIRECTOR .............................................................................................................................................................. $105.00 FIELD SUPERVISOR .............................................................................................................................................................................. $95.00 FIELD COORDINATOR ....................................................................................................................................................................... $70.00 FIELD ASSISTANT ................................................................................................................................................................................. $57.00 FIELD FOREMAN* ................................................................................................................................................................................ $75.00 FIELD CREW CHIEF* ............................................................................................................................................................................ $65.00 FIELD SPECIALIST TECHNICIAN* .................................................................................................................................................... $57.00 FIELD TECHNICIAN* ............................................................................................................................................................................ $52.00 *Rates applicable to private customers only. State prevailing wage and local living wage bill rates vary by geographic region. Federal Service Contract Act Bill Rate $68/hour.

SSUUPPPPOORRTT
EXPERT WITNESS ................................................................................................................................................................................. $340.00 UNMANNED AERIAL VEHICLE (DRONE) OPERATOR ............................................................................................................. $170.00 GIS SUPERVISOR .................................................................................................................................................................................. $155.00 GIS SPECIALIST ..................................................................................................................................................................................... $124.00 PRODUCTION SUPERVISOR ........................................................................................................................................................... $130.00 PRODUCTION SPECIALIST III .......................................................................................................................................................... $110.00 PRODUCTION SPECIALIST II ........................................................................................................................................................... $95.00 SENIOR PROJECT ACCOUNTANT/CONTRACTS ..................................................................................................................... $165.00 ASSOCIATE PROJECT ACCOUNTANT/CONTRACTS .............................................................................................................. $115.00 Unless otherwise agreed upon, RREECCOONN shall charge, at cost, for vehicles and mileage, out-of-town transportation and expenses, reproduction, delivery charges, and the use of GPS units and tablets, noise meters, and UAV/drone.

Personnel rates are in effect from July 1, 2022, through June 30, 2023. Increases occur annually on July 1.

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City of Escondido | On-Call Development Services
22 05 CONFLICT OF INTEREST
EXCEPTIONS TO CITY’S STANDARD

CONSULTING AGREEMENT
There are no known possible conflicts of interest with other clients affected by RICK's actions performed by the firm on behalf of the City.

1. Indemnification, Duty to Defend, and Hold Harmless.
a. C ONSULTANT (includ ing C ONSULTANT’s ag ents, emplo yees, and subc ontractors, if an y) shall indemnif y, de fend, an d hold harmless the CIT Y , its officials, officer s, ag ents, emplo yees, and v olunteers fr om and ag ainst an y and all claims, demands, actions, c auses of action , pr oceedings (including but not limit ed t o leg al and adm inistrative pr oceedings of an y kind), suits, fines, penalties, judgmen ts, orders, le vies, c osts, e xpenses, liabilities, losses, damag es, or injuries, in la w or equity , including without limit ation the pa yment of all c onsequential damag es and a ttorney’s f ees and other r elated litig ation c osts and e xpenses (c ollectively, “Claims”), of e very na ture caused b y, arising out of , or in c onnection with C ONSULTANT’s negligent perf ormance of the Ser vices or its f ailure t o c omply with an y of its oblig ations c ontained in this Agr eement (as pr escribed b y Calif ornia Civil Code §2782.8), e xcept wher e c aused b y the sole neglig ence or willful misconduct of the CITY .
b. C ONSULTANT (including C ONSULTANT’s ag ents, emplo yees, and subc ontractors, if an y) shall indemnif y, de fend, and hold harmless the CITY , its officials, officer s, ag ents, emplo yees, and v olunteers fr om and ag ainst an y and all Claims c aused b y, arising under , or r esulting fr om an y viola tion, or claim of viola tion, of the San Dieg o Municipal St orm W ater P ermit (Or der No. R9-2013-0001, as amended) of the Calif ornia R egional W ater Quality Con trol Boar d, R egion 9, San Dieg o, tha t the CITY migh t suff er, incur , or bec ome subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement.

1. Indemnification, Duty to Defend, and Hold Harmless.
a. C ONSULTANT (includ ing C ONSULTANT’s ag ents, emplo yees, and subc ontractors, if an y) shall indemnif y, de fend, an d hold harmless the CIT Y , its officials, officer s, ag ents, emplo yees, and v olunteers fr om and ag ainst an y and all claims, demands, actions, c auses of action , pr oceedings (including but not limit ed t o leg al and adm inistrative pr oceedings of an y kind), suits, fines, penalties, judgmen ts, orders, le vies, c osts, e xpenses, liabilities, losses, damag es, or injuries, in la w or equity , including without limit ation the pa yment of all c onsequential damag es and a ttorney’s f ees and other r elated litig ation c osts and e xpenses (c ollectively, “Claims”), of e very na ture caused b y, arising out of , or in c onnection with C ONSULTANT’s negligent perf ormance of the Ser vices or its f ailure t o c omply with an y of its oblig ations c ontained in this Agr eement (as pr escribed b y Calif ornia Civil Code §2782.8), e xcept wher e c aused b y the sole neglig ence or willful misconduct of the CITY .
b. C ONSULTANT (including C ONSULTANT’s ag ents, emplo yees, and subc ontractors, if an y) shall indemnif y, de fend, and hold harmless the CITY , its officials, officer s, ag ents, emplo yees, and v olunteers fr om and ag ainst an y and all Claims c aused b y, arising under , or r esulting fr om an y viola tion, or claim of viola tion, of the San Dieg o Municipal St orm W ater P ermit (Or der No. R9-2013-0001, as amended) of the Calif ornia R egional W ater Quality Con trol Boar d, R egion 9, San Dieg o, tha t the CITY migh t suff er, incur , or bec ome subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement.

PUBLIC AGENCY CLAUSE
City of Escondido
RFP No. 23-18 – On-Call Development Services

requirements listed in Exhibit 1.

23. Public Agency Clause: It is intended that other public agencies (e.g., city districts, public authorities, municipal utilities, public school districts and other political subdivisions or public corporations of California) shall have the option to participate in any award made as a result of this solicitation. The City shall incur no financial responsibility for their order placement and payments to the successful consultant. This option shall not be considered in proposal evaluation. State whether said option is granted:
______________ ______________

YES NO
Consulting Agreement: Planning and Engineering
Consulting Agreement: Environmental
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City of Escondido | On-Call Development Services
23 Exhibit 2 NON-COLLUSION DECLARATION FORM
City of Escondido
RFP No. 23-18 – On-Call Development Services

Exhibit 2
Non-Collusion Declaration

TO BE EXECUTED BY PROSPECTIVE CONSULTANT AND SUBMITTED WITH PROPOSAL The undersigned declares:

The foregoing proposal submitted in response to the City of Escondido’s Request for Proposals – On- Call Development Services is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The prospective consultant has not directly or indirectly induced or solicited any other prospective consultant to put in a false or sham proposal, and has not directly or indirectly coll uded, conspired, connived, or agreed with any prospective consultant or anyone else to put in a sham proposal, or to refrain from submitting a proposal. The prospective consultant has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the prospective consultant or any other prospective consultant, or to fix any overhead, profit, or cost element of proposal price, or of that of any other prospective consultant. All statements contained in the proposal are true. The prospective consultant has not, directly or indirectly, submitted their proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.

Each individual executing this declaration on behalf of a prospective consultant that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that they have full power to execute, and does execute, this declaration on behalf of the prospective consultant.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________.

Date
___________________________________ ___________________________________ Signature Signature
Title Title
Of Of
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
By: ___________________________
April 28th, 2023
Principal-in-Charge
RICK's Planning + Design Division
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61 Item6.

January 23, 2024

Ms. Julie Procopio, PE
City Engineer
City of Escondido | Engineering Services
City Hall, First Floor
201 North Broadway
Escondido, CA 92025

SUBJECT: PROPOSAL FOR STORM WATER MANAGEMENT PLAN REVIEWS FOR CITY OF ESCONDIDO, CA.

Dear Ms. Procopio:

Pursuant to your request, we are pleased to subm it this proposal to provide engineering support services for the review of la nd development Storm Water Qual ity Management Plans (SWQMP) submitted to the City of Escondido (City).

Rick Engineering Company (RICK) possesses unique qualifications to deliver these services. The staff at RICK played a crucial role in the de velopment of the Model Best Management Practice (BMP) Design Manual, which served as a founda tion for the Escondido Storm Water Design Manual. Additionally, RICK staff offers extension of staff services to various municipalities in the San Diego Region, supporting re view efforts on Discretionary and Final Engineering permit applications. We have expertis e in reviewing techni cal reports, including Drainage Studies, Priority Development Project SWQMPs, and grading and improvement plans.

In our ongoing, as-needed plan review consulting work, we consider ourselves an extension of the staff. We proactively co ordinate internally across department s to identify project conditions and critical constraints early in the review process. We successfully act on a moment’s notice to address concerns, provide guidance and expertise on various land development projec t technical reviews, and assist in reviewing engineering construction documents to meet critical scheduling deadlines, such as Tentative Map and other permit expira tion dates. We understand the need to manage multiple projects of varying complexity simultaneously. RICK provides similar plan review services to the County of San Diego Planning an d Development Services, Cities of Chula Vista, La Mesa, Lemon Grove, Santee, and Port of San Diego.

We understand the need for full cost recovery and that the plan review funding comes from developer trust account deposits. Having served in this role in recent years for multiple municipalities, RICK is acutely aware of the va lue and importance of providing close, individual attention to each project and working within time and budget constraints.

Exhibit 1
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Ms. Procopio
January 23, 2024

SCOPE OF WORK

RICK will provide one representative for approx imately two days per week (16 hours per week) for up to fifty-two (52) weeks to assist City staff with SWQMP reviews. Typical technical assistance tasks are anticipated to include:

Task 1 – Technical Assistance

Review SWQMP for Compliance with Escondido Storm Water Design Manual Provide SWQMP review for land development projects to ensure compliance with the Escondido Storm Water Design Manual, and Municipal Separate Storm Sewer System (MS4) Permit. Typical reviews will consist of the review of Minor, Standard, or Priority De velopment Project (PDP) Storm Water Quality Management Plans (SWQMP) and Hydromodification Management Plans (HMP) submitted in support of land development projects. Meetings and coordination with City departments, and private engineers, may occur during the review cycle. This task may also include as-needed storm water engineeri ng support to provide response to storm water-related questions from the Development Services Department staff and/or develop new guidance requested by the City up to the budget limit.

A representative from RICK will be present at th e City office for up to one day a week and will work remotely for one day or as mutually agreed upon with the City Project Manager. It is anticipated that RICK will review approximately 25 unique SWQMPs, with an expected average of 3 review iterations prior to SWQMP acceptance.

Task 2 – Project Management and Reporting

RICK will provide project management related serv ices for the duration of the project under this task. For budgeting purposes 2 hours per month for 12 months is assumed for this task.

FEE

Our fee for the above-described work would be on time and material basis per our current Schedule of Hourly Rates, not to exceed $166,680 without your prior authorization. Fees have been estimated based on each of the identified tasks and are summarized below:

Task 1: Technical Assistance $158,080.00
Task 2: Project Management and Reporting $ 6,600.00 Sub Total: $164,680.00

Direct Expenses $ 2,000.00
TOTAL: $166,680.00

Fees and expenses will be billed monthly as the work progresses and the net amount shall be due upon receipt of the invoice.

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Ms. Procopio
January 23, 2024

EXCLUSIONS

The following items are specifically excluded from the Scope of Work and fee. If required, these items will be prepared by others under separate contract or will be covered by a separate agreement between RICK and the City:

 Drainage Study/Report review
 Topographic survey.
 Hydrologic calculations or analyses.
 Hydraulic calculations or analyses.
 Opinions of probable construction cost.
 Preparing base mapping.
 Community outreach or community meetings.
 Geotechnical investigation.
 Infiltration testing.
 Structural calculations or analysis.
 Landscape Architecture.
 Title report review.
 Boundary, lot line, or easement plotting.
 Base map preparation.

CLOSING

If you have any questions and/or comments, please contact me at 619-204-5979 and/or [email protected]. We are grateful for this opportunity to expand our working relationship with the City of Escondido. Thank you for requesting Rick Engineering Company to provide these services.

Sincerely,

RICK ENGINEERING COMPANY

Venkat Gummadi, PE, CPESC, QSD/P
Associate Principal

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64 Item6.

June 4, 2024

Veronica Morones
City Planner, Development Services
City of Escondido
201 N. Broadway
Escondido, CA 92025

Subject: Proposal for Planning & Environmental Services for General Plan Update to the Safety and Environmental Justice Elements
Dear Veronica,
The Planning, Environmental and Design Division of Rick Engineering (RICK) is pleased to submit this proposal to the City of Escondido (City) for the proposed update of the Safety and Environmental Justice Elements of the City’s adopted General Plan. The first would be an update to the “Community Protection” Element and the second would be an update the “Community Health and Services” Element” as well as the related environmental analysis.

RICK provides an experienced, full -service planning, environmental and design team that will work with the City to successfully carry the Project through the approval process. RICK has an established record of planning, designing, and providing CEQA approval services and planning the development of complex General Plan Updates throughout southern California. We are committed to this Project and to delivering responsive project management, planning and environmental services, high-quality documents and plans, and strategic approaches for you to support an efficient and effective entitlement process.

PROJECT UNDERSTANDING
In 2022, the San Diego Association of Governments (SANDAG) awarded the City with a Smart Growth Incentive Program (SGIP) grant to conduct environmental review for a proposed General Plan Amendment which included the update to the Community Protection chapter (herein referred to as the Safety Element), and creation of a new Environmental Justice (EJ) Element through the modification of the Community Health and Services Element.

Since then, in response to changing legislation and emerging climate-related conditions associated with wildfires, the City has been updating the Safety Element of the General Plan.

Since adoption of the General Plan in 2012, the city has developed a Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) and a Climate Action Plan (CAP). These documents are intended to be integrated into the new Safety Element. Additional tasks and studies are also still needed, as Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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detailed below in this Scope of Work (SOW). The Mitigation Plan and CAP are just two of the updates that will be included in the updated Element.

Since receipt of the SGIP grant, the City initiated work on the Safety and Environmental Justice Element updates with a meeting with the Planning Commission in December of 2021. A draft overview of the “Community Outreach Plan” and its elements was prepared. It contained a series of Outreach Events, stakeholder lists, definitions, and reiterated the message that the community would be consulted throughout the update process. The overview also included a timeline that separated the process into six distinct categories.
 The timeline began with research and preliminary outreach. This step included the “Community Outreach Plan” and a report back to Planning Commission on February 22, 2022 to discuss any feedback.
 Staff continued research and outreach conducting a series of Organized Stakeholder Roundtable meetings on April 15th, and April 20th of 2022. The city also took the progressive effort of conducting outreach to roughly 80 San Pasqual High Schools students in Human Geography and Government classes. These are the type of creative exercises RICK encourages and would like to explore given there are sufficient resources.
 In July, City staff presented to the Community Alliance for Escondido, and then hosted two “, At Large” community events on August 7, 2022, and August 11 th, 2022, designed
to update and report on the progress that had been made during the research and outreach phases of the plan.
 In the fall of 2022, a Draft Map identifying Environmental Justice Communities became available for review and comment. The draft preliminary analysis shows what areas within the City may be experiencing disproportionate pollution-burden based on State Guidance.

The purpose of this Scope of Work is to complete the preparation of the Safety and Environmental Justice Elements, conduct additional outreach efforts, and prepare the environmental document for the Project. The City certified a Program EIR along with the last comprehensive update of the General Plan in 2012 so RICK intends to prepare a CEQA Addendum to the 2021 General Plan EIR to address the proposed General Plan updates. An addendum is appropriate where a previously certified EIR has been prepared and some changes or revisions to the project are proposed, or the circumstances surrounding the project have changed, but none of the changes or revisions would result in significant new or substantially more severe environmental impacts, consistent with CEQA Section 21166 and State CEQA Guidelines Sections 15162, 15163, 15164, 15168, and 15183.

The SGIP grant is still valid and in anticipation of a discretionary decision by SANDAG to extend the validity of the grant this upcoming June/July, the City of Escondido would like to demonstrate its readiness to engage in the remainder of the element updates and associated environmental review. Having RICK in place with a detailed plan to complete the Project within the allotted time Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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and budget will demonstrate the City’s commitment to utilizing the SGIP funds and its desire to maintain the highest quality of living for its residents.

PROJECT TEAM
Key staff and resources proposed for this Project include Brooke Peterson, AICP, Principal and Director of Planning + Design; Teresa Wilkinson, Director of Environmental Planning; and Vicrim Chima, Senior Planner. Brian Mooney, FAICP will serve as Senior Advisor and Quality Control reviewer. Brooke will provide key support for communications and coordination with the City of Escondido (and other agencies as applicable), strategy and oversight of preparation of Element Updates and outreach efforts, and facilitation lead for any assigned community outreach. Vicrim Chima, Senior Planner, will serve as assistant Project Manager supporting Brooke, preparing the Safety and Environmental Justice Elements of the General Plan and revisions to the Project application based on City review, supporting public outreach, and will provide additional research, GIS, and planning support as needed. Teresa Wilkinson will serve as the environmental technical lead providing oversi ght and preparation of the CEQA document.

Additional support will be provided as needed by other RICK staff in the preparation of documents and plans including GIS and Planning.

SCOPE OF WORK
RICK has a proven track of updating General Plan Elements using a city’s existing general plan as a starting point. Leveraging material that is still relevant and compliant with state law and in alignment with General Plan Guiding Principles, RICK will identify where and how to bolster those areas of the existing elements which may not comply with current standards. RICK will identify and conduct technical studies, perform analysis, create policies, and implementation plans with mitigation measures to bring those elements into compliance. Most importantly, RICK is committed to continuing the public outreach that is the basis of any element we develop for the City of Escondido.

TASK 1: PLANNING - PREPARATION OF COMMUNITY PROTECTION (SAFETY ELEMENT) & ENVIRONMENTAL JUSTICE ELEMENT
Working from efforts already conducted by City staff, RICK will create a concise, user -friendly document with appropriate graphics, diagrams, tables, and text that efficiently and clearly convey necessary information and vision to the user. The final document will be a well -structured and useful tool for City staff, decision makers, other agencies, and the general public. The updated General Plan Elements will comply with California law governing the preparation of General Plan updates and be consistent with the Visions and Purpose of the City of Escondido General Plan.

1.1 Audit Existing Community Protection Element (Safety Element), Existing Community Health and Safety Element (Environmental Justice Element), Existing Implementation Plan, Appendices, Table of Contents review of Outreach Materials and Staff Materials prepared in alignment with the Outreach Program and Annual General Plan Reports
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RICK will review the contents of the existing elements and determine what material can be used and what materials, policies, and diagrams are valid. As described in the project background, The City of Escondido expended significant time and resources informing appointed bodies, preparing and conducting community stakeholder meetings and planning, advertising and performing community-wide outreach. The City also began drafting goals and policies language for both elements and identifying and performing any requi red technical reports, maps, or procedural documents for specific hazard responses that may need updating. RICK proposes to leverage as much of the City produced material that adheres to current state on local regulatory standards and focus on those that require updating, in an effective to minimize costs, use existing work material and focus our scope in areas where the City was unable to complete the work, either updating necessary technical studies, producing policy language, or complying with the requirements of current state legislation.

RICK will review existing policies, programs and mitigation as well comprehensively review all feedback received during the public outreach process which occurred in 2022-2023.

Deliverable(s):
‐ Inventory of Policies and Diagrams that can be removed/relocated from the new Safety and Environmental Justice Element; Identification of policies, plans, diagrams, maps, and narrative summaries that will require update or modification to comply with new state legislation. Summary and prioritization of organization and content for the updated elements based on community feedback. All future efforts in planning and drafting the updated elements will be rooted in responses and the concerns of the community.

1.2 Administrative Draft Safety Element

1.2.1 The Safety Element is required to meet nine (9) separate statutory requirements organized into nine (9) subsections: 65302 (g) (1) - (g) (9). Beyond demonstrating compliance with statutory requirements, this section will contain a revised purpose and scope of the Safety Element, describing its additions, and defining the purpose of the Safety Element.  Update Additional Safety Topics Contexts: RICK will modify the existing “Community Protection” element to modify, as deemed necessary, its existing structure, narrative, and diagrams. It will organize, where deemed nece ssary, new contexts, goals, and policies based on current database analysis, the most recent technical studies, and consultation with the lead agencies responsible for implementation of the various preparedness guidelines. New contexts would include Hazard Mitigation Planning and Disaster Preparedness; Wildfires (Cal FIRE’s Fire and Resource Assessment Program (FRAP) and Cal OES’s My Hazards, Fire Responsibility Areas; Geologic and Seismic Hazards; Flood Hazards; Climate Change, where RICK will incorporate the appropriate goals and thresholds related to the adopted CAP; Hazardous Materials, Law Enforcement, and Airport Hazards.

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 Goals and Policies for the Safety Element. RICK, will review, and in some cases depending on the findings of the audit, revise staff drafted goals, policies, and plans defined in the Purpose and Scope and develop new working material where needed, prioritizing the Multi-Jurisdictional Hazard Mitigation Plan and the Climate Action Plan (“E-CAP”) updated in 2021, which provides a robust examination of social equality and Environment Justice through the climate adaptation plan lens. RICK will update, as needed each of the defined categories in the element and where necessary will conduct its own context and technical updates to existing conditions reports including seismicity terminology; geology and soils conditions; documentation on extreme heat days, annual average maximum temperature, annual precipitation, dry spells, average area burnt; and public health like COVID-19. All content developed by staff or RICK will incorporate the feedback received during the previously conducted outreach.  Administration and Implementation. RICK will provide an implementation plan and define administrative standards describing how the various components of the Safety Element will be implemented. The plan will define the requirements or standards that need to be reviewed on an annual basis, assign the administration of those reviews to a lead agency or specific City Department that are responsible for monitoring defined benchmark goals.

Revisions to the Administrative Draft will be made based on comments received from the City.

This scope assumes that one consolidated set of comments will be submitted to RICK. We are assuming one round of review of the Administrative Draft by the City before element submittal in draft form. During this time, up to four meetings with the city are expected to review and discuss comments and responses. This scope and fee assume one consolidated set of comments from the city prior to initiating the preparation of the next draft of the document.

Deliverable(s):
‐ Administrative Draft Safety Element I (1 electronic version in MSWord for editing purposes and 1 electronic version in PDF format)

1.3 Administrative Draft Community Health & Safety (Environmental Justice Element) To ensure the existing Community Health & Safety section complies with SB 1000 it will need to be reordered and reformatted and its diagrams and policies will need to address the following key elements: Pollution Exposure and Air Quality; Public Facilities; Food Access; Safe and Sanitary Homes; Physical Activity; Community Engagement; and Improvement Plans for Disadvantaged Communities.

1.3.1: Introduction. This section will provide a summary of the Statutory requirements that the Environmental Justice Element is required to comply with:
 The Climate Action Plan. The City of Escondido maintains existing policy documents that include social equity frameworks, although limited in context. The Escondido Climate Action Plan (“E-CAP”), updated in 2021, provides a robust examination of social equity and environmental justice through the climate adaptation planning lens.

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However, as it relates to the updated Community Health and Safety Plan the E-CAP contains an Adaptation Measure which addresses the need to “hardwire social equity and environmental justice into new programs and projects.”  RICK is aware of the adaptation measure the E-CAP utilized to create a Social Equality and Health Index Map intended to identify vulnerable neighborhoods needing additional focus and priority. These tracts are labeled “Priority Investment Neighborhoods” within the E-CAP. Using the Social Equity and Health Index Map, the City prioritizes neighborhoods with a CES 50 percent (50%) ranking for priority investment. In effect, the Climate Action Plan has exceeded the threshold for those communities that are considered “disadvantaged communities.” Any Environmental Justice document and associated environmental analysis will consider the findings in the Climate Action Plan and the adaptation measure.

RICK will reorganize, reformat, and revise City produced goals and policies depending on the amount of work completed by the Planning staff thus far and the existing material that is compliant with state law. This update will be an opportunity to provide the element with more structure, less supported by narrative but supported by specific goals, policies, and implementation plans. RICK understands the City has made material progress in the drafting of Environmental Justice Policies and analysis of disadvantaged communities as defined in the locally adopted Climate Action Plan. RICK will base the content used in its approach on the Outreach conducted by the City of Vista over 2022 and 2023 forming a design and content to the document that reflects Vista community input. During this time, up to four meetings with the Client/Project Team are expected to review and discuss comments and responses. This scope and fee assume one consolidated set of comments from the Client prior to initiating preparation of the next draft of the document.

Deliverable(s):
‐ Administrative Draft Environmental Justice Element (1 electronic version in MSWord for editing purposes and 1 electronic version in PDF format)

1.4 Geographic Information Systems Support
RICK offers the technical expertise to import and create any number of GIS diagrams or maps.

This proposal assumes more than a single task which was previously discussed, related to mapping evacuations distances and available routes during evacuation scenarios. Maps and diagrams are integral portions of each of the mandated safety topics: Hazard and Mitigation Planning, Disaster Preparedness, Emergency Response, Wildfires, Geological and Seismic Hazards, Flooding, Climate Change, Hazardous materials, Law Enforcement, Fire Protection, and Airport Hazards. The Environmental Justice Element has the same requirements and would need information on Pollution Exposure and Air Quality, Public Facilities, Food Access, Safe and Sanitary Homes, Physical Activity, Co mmunity Engagement, Improvement plans for Disadvantaged Communities.

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Deliverables(s):
‐ ArcMap GIS based maps and diagrams created to support the Goals and Policies of the updated elements, demonstrating compliance with adopted disaster preparedness programs, and other material as needed.

1.5 First and Second Screencheck Drafts of Safety and Environmental Justice Elements
This task includes preparation of two Screencheck Drafts of the Safety Element and the Environmental Justice Element. RICK will prepare the First Screencheck Draft for staff review.

We also assume that policy decisions, language, and comments from federal, state, regional, local public and private entities have been addressed and consensus reached by City Staff on the form of the documents language and visual f eatures. We are assuming one round of review of the First Screencheck Draft based on one consolidated set of comments from the City before preparation of the adoption process.

A Second Screencheck Draft will then be prepared once a consolidated set of City comments has been received and labeled “Draft” and will be used for resubmittal with the updates to the elements from advisory, decision-making bodies or public outreach.

During this task, up to six meetings with City staff are expected to review and discuss comments, negotiate, and resolve project issues and questions.

Deliverable(s):
‐ First and Second Screencheck Drafts for Safety and Environmental Justice Elements (1 electronic version in PDF format)

1.6 Quality Assurance and Check of Final Draft – Safety and Environmental Justice Elements
A revised version of the Safety and Environmental Justice Elements will be prepared and labeled “Final Draft” and will be used for the adoption hearing process.

Deliverable(s):

Final Draft Safety and Environmental Justice Elements (1 reproducible original, 5 hard copies, and an electronic version in PDF format)

TASK 2: PUBLIC OUTREACH

2.1 Coordination with Other Agencies
We will reinitiate and coordinate with state agencies, regional agencies, non-professional, and business organizations, as well as property owners, renters, and the workforce. The City of Escondido outlined an Outreach Plan that RICK will adhere to and expand if necessary.

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2.2 Stakeholder and Resident Outreach
The City of Escondido prepared a proactive schedule of events, meetings, and informational documents (see project understanding above) when it began its update efforts. RICK would leverage much of the material, feedback and policy construction that began with the Kickoff Meeting and was collected in the preparation of the Draft Community Outreach Feeback and Engagement Plan. RICK would re-engage the list of stakeholders that hosted Organized Stakeholder Roundtable Meetings as well as the community at large.

Any Public Outreach would need to occur after the audit and the draft review of both Elements.

Another meeting with organized stake holders, at least one “At-Large” Community Event. RICK has experience in planning, designing, and creating outreach activities that engage audiences, allow everyone’s voice to be heard and provide the basis for the long-range planning work we do.

Maintain and update the existing city website with relevant materials to the Project. Develop the site as an active, up to date platform that can be used to gauge interest, collect comments, or post ideas.

Deliverable (s):
‐ Two organized outreach events, a smaller engagement to re-engage with the previous Roundtable Stakeholders and an “At Large” public engagement exercise based on the events that were previously held demonstrating how RICK has modified and bridged the existing and Community Safety and Health and Community Protection elements into an updated and more current document, where those changes have occurred, and provide the opportunity for citizens to see their contributions in writing.

TASK 3: CEQA DOCUMENTATION
The Safety Element includes important information in the General Plan regarding the potential for hazards to occur in and around the City and establishes policies for coordination during emergency events. The Environmental Justice Element will prioritize goals for the City’s “disadvantaged” communities to achieve environmental justice. The proposed Safety and Environmental Justice Element updates would have no physical impact on the environment, as it consists of updates to goals and policies. Consequently, the proposed Project would not cause any new significant environmental impacts or subs tantially increase the severity of significant environmental impacts disclosed in the General Plan EIR.

Impact significance will be determined after consideration of the beneficial effects of proposed policies designed to avoid or reduce environmental impacts. Because a General Plan Update is intended to be “self-mitigating” (meaning that po licies and implementation measures would be designed to avoid or minimize environmental impacts to the extent feasible), mitigation measures may not be necessary. However, if the environmental analysis shows that impacts of the Safety and Environmental Justice Elements to air quality, GHGs, and noise remain significant after the implementation of proposed policies, we will alert the City regarding the need for a different level Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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of environmental review. A budget augmentation would be necessary to support the preparation of a Supplemental EIR or a different CEQA document.

3.1 Prepare Environmental Checklist
The Addendum will include an attachment with an environmental checklist that contains substantial evidence supporting that the proposed Safety and Environmental Justice Elements would not result in any new or substantially more severe environmental impacts from those identified in the General Plan EIR. The Addendum and checklist will serve as the appropriate CEQA compliance document and will be prepared consistent with the requirements of Section 15162 of the State CEQA Guidelines

3.2 Prepare Draft Addendum
RICK will prepare a Draft EIR Addendum including all sections as required by the California Environmental Quality Act (CEQA) Guidelines. A comprehensive project description will be developed in coordination with the project team. RICK will coordinate closely with the project team, technical experts, and City staff to ensure General Plan policies and development standard updates are written to self-mitigate or avoid environmental impacts to the extent feasible. A mitigation framework will be prepared, as appropriate, to maximize CEQA streamlining opportunities for future projects consistent with the General Plan.

For each of the impact topics, our approach will be to characterize the existing physical conditions and pertinent regulatory framework, then describe the future conditions resulting from implementation of the proposed General Plan Updates to the Safety Element and preparation of the new Environmental Justice Element. This scope of work assumes the analysis will be primarily qualitative and presented at a level of detail consistent with a program level of analysis. Should the analysis warrant a quantitative approach for other topics following development of the Safety and Environmental Justice Elements, we will work with the City on a recommended approach.

Following receipt of one consolidated set of City comments on the Administrative Draft Addendum sections, we will discuss and clarify specific comments, as needed, and prepare appropriate revisions to the document in a Screen check Draft Addendum for staff review.

The Administrative and Screen check Draft Addendum will be submitted in PDF and Word format.

3.3 Prepare Public Review Draft Addendum
Per the CEQA Guidelines, an addendum does not need to be circulated for public review but can be included in or attached to the Safety and Environmental Justice Element documents prior to making a decision on the project. For purposes of this scope, RICK will prepare a Public Review Draft Addendum for distribution by the City.

3.4 Prepare Final Addendum

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RICK will update the Addendum following public review. A final Addendum will be prepared for attachment to the General Plan EIR.

Deliverables:
‐ Draft Environmental Checklist
‐ Draft/Public Review Draft/Final Draft Addendum

TASK 4: PRESENTATION OF REPORTS AND MATERIALS

4.1 - 4.3 Preparation of Planning Commission and Council Meeting The Planning Commission appears to have been heavily involved in the update process. RICK will present one Planning Commission Informational Item, introducing the new scope of work, our strategy, and plan moving forward. We would then prepare for a second meeting with the Planning Commission with the intent of gaining a positive recommendation of the elements and the environmental document to the City Council to adopt the updates to the General Plan Elements. The final meetings would represent the adoption of the elements and environmental findings by City Council. There is a possibility such an item may require two hearings.

Deliverable(s):
‐ Up to two (2) Planning Commission and two (2) City Council hearings

5.0 Project Management
This task assumes that RICK will support overall project management and entitlement processing services needed to secure project approvals from the City of Escondido. This includes time and effort necessary to provide strategy, direction and coordination to the Client, the Project Team and the City of Escondido to prepare the comprehensive effort to reinvigorate and carry this update process to its completion.

Brooke Peterson is experienced at managing complex private and public multi -disciplinary project teams of in -house and subconsultant technical experts throughout Southern California and develops strong relationships with City staff. Brooke will oversee the project’s day -to-day operations, including coordinating internal staff time, overseeing preparation and review of all work products, ensuring quality control, tracking and adhering to the project schedule and budget, and coordination with the client and technical consultants as well as City staff and other agencies.

Brooke as Planning lead and other staff as necessary will participate in progress meetings with the Project Team as necessary throughout the process to discuss project issues, preparation of products, determine next steps and address any anticipated potential challenges in advance.

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coordinate monthly invoices. She will be supported by assistant project manager Vicrim Chima, Senior Planner.

CEQA Coordination
RICK’s environmental team will provide ge neral services as the project undergoes environmental processing. Management tasks will consist of formal and informal communication with the City, the project team, and other applicable agencies. Communication will take the form of telephone conversations, videoconferencing, and e-mail.

5.1 - 5.2 Kick Off Meeting/Client Meetings
In addition to the public meetings noted above this task allows up to eight additional meetings with City staff and other agencies as necessary throughout the course of the project. This also includes coordination time, biweekly Project Team meetings, and other communications as necessary to move the project along expeditiously. These meetings will be attended by Brooke Peterson and/or other staff as necessary. If additional virtual City/agency meetings are required, in-person meetings, or longer working session virtual meetings, are requested, the cost of the meeting would be billed on a time and materials basis at the standard rates shown in Attachment A.

Deliverables:
‐ Up to 14 Agencies meetings (assumes 1-hour virtual meetings each and a half hour of preparation and minute production)
‐ Biweekly Project Team meetings and miscellaneous meetings/communications

FEE
RICK will perform the services listed above for project management and planning – for $172,660.00 as shown in the attached cost estimate (Attachment A), plus additional time and materials for additional meetings and/or public outreach support and meeting attendance. Labor fees will be billed according to our current Schedule of Hourly Rates (Attachment B) with a labor budget not-to-exceed the amounts indicated without additional authorization.

Fees and expenses will be billed monthly as the work progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the City’s office.

One original of this agreement is being provided. If you would like us to proceed with this work as outlined above, we ask that you please sign and return the agreement as our written authorization.

RICK appreciates the opportunity to submit th is service proposal. Please contact me at:
[email protected] or 619.688.1471, if you have any questions or concerns.

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Sincerely,
RICK

Brooke Peterson, AICP
Principal | Director of Planning + Design

Enclosures

APPROVED BY:

City of Escondido

Signature Date

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ATTACHMENT A

COST ESTIMATE

RICK PLANNING AND DESIGN

PLANNING, DESIGN, ECONOMICS, OUTREACH ADMINISTRATIVE
Brooke Peterson Brian Mooney Vicrim Chima Teresa Wilkinson Sabrina Sessarego Sydney Rankmore
Role:

Principal-In-Charge Strategic Advisor /
QA/QC
Senior
Planner/Outreach
Environmental Task
Lead
Associate
Planner/Community
Outreach
Assistant
Environmental
Planner
Assistant Planner GIS Associate
Task Description Hourly Rate: $290 $290 $170 $245 $150 $135 $135 $175 $110 $85 1 PREPARATION AND ADOPTION OF THE SAFETY AND ENVIRONMETNAL

JUSTICE ELEMENTS

1.1 Audit Community Protection Element, Community Health and Services, Implementation Program, Appendencies, and Table of Contents
61 2 24 42 $7,020 $7,020

1.2 Draft Administrative Safety Element

1.2.1 Purpose and Scope; Update Required Safety Contexts and Studies, Audit Community Feedback; Develop New Goals and Policies
81 8 40 10 76 $11,630 $11,630

1.3 Draft Aminstrative Environmental Justice

1.3.1 Purpose and Scope; Update Required Safety Contexts and Studies, Audit Community Feedback; Develop New Goals and Policies
12 20 40 10 82 $13,130 $13,130

1.4 Geographic Information Services 82 3 0 40 $6,350 $6,350

1.5 1st and 2nd Screen Check of Safety and EJ Element 8 4 12 $1,420 $1,420

1.6 QA/QC/Final Safety and Environmental Justice Element 16 8 20 44 $10,360 $10,360 296 $49,910 $49,910
2 PUBLIC OUTREACH

2.1 Coordination with Other Agencies 2 6 8 16 $2,680 $2,680

2.2 Stakeholder and Resident Outreach 6 20 4 4 16 50 $8,880 $8,880 66 $11,560 $11,560
3 CEQA DOCUMENTATION

3.1 Prepare CEQA Checklist 2 16 4 80 8 12 122 $18,620 $18,620

3.2 Draft Screencheck Draft Addendum 6 32 160 8 8 214 $33,460 $33,460

3.3 Prepare Public Review Draft Addendum 2 16 32 4 54 $9,260 $9,260

3.4 Prepare Final Addendum 2 16 24 3 45 $8,070 $8,070
435 $69,410 $69,410
4 PREPARATION OF REPORTS AND PRESENTATION MATERIALS

4.1 Reintroduce Updated Project Scope 4 10 10 24 $4,210 $4,210

4.2 Recommendation of Final Safety and EJ Elements to City Coucil 8 14 30 52 $8,750 $8,750

4.3 City Council Hearing for Adoption of GP Elements and Certification/Adoption (2 Meeting, if necessary) 12 16 10 38 $7,550 $7,550 114 $20,510 $20,510
5 PROJECT MANAGEMENT

5.1 Kick-Off Meeting 22 2 6 $1,410 $1,410

5.2 Client/Project Team Meetings 12 12 16 40 $9,440 $9,440

5.3 Budget and Schedule 8 8 12 28 $6,620 $6,620
74 $17,470 $17,470
Labor Hours Total 96 20 166 116 38 296 186 $0 27 24 985 $168,860 $168,860 Labor Dollars Total $27,840 $5,800 $28,220 $28,420 $5,700 $39,960 $25,110 $0 $2,970 $2,040 $168,860 $168,860 Subconsultants Reimbursable Expenses
RICK Reimbursable Ex
penses $3,800
REIMBURSABLE EXPENSES $3,800
GRAND TOTAL $172,660
Total Task Budget
Task 3 Subtotal
Task 4 Subtotal
Task 5 Subtotal
RICK
Hours
SENIOR
EDITOR
WP/

CLERICAL
Task 2 Subtotal
Task 1 Subtotal
RICK
Labor Total
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ATTACHMENT B
Hourly Rates – California Offices
March 1, 2024 – June 30, 2025

_____________________________________________________________________________________________________________________________________ Rates subject to change for prevailing wage contracts.

When authorized, overtime shall be charged at the listed rates times 1.5.

Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses.

A fifteen (15) percent fee for administration, coordination and handling will be added to all subcontracted services.

Principal Consultant (Special Projects) .............................. $300.00 Principal .............................................................................. 290.00 Associate Principal .............................................................. 270.00 Associate/Manager ............................................................. 250.00 Expert Witness ..................................................................... 450.00 Court Appearance per half day or part............................... 1,800.00

Senior Project Manager/Engineering Manager ................. $ 245.00 Principal Project Engineer/Manager .................................... 230.00 Associate Project Engineer/Manager ................................... 205.00 Assistant Project Engineer/Manager .................................... 190.00 Principal Engineering Designer ........................................... 170.00 Associate Engineering Designer .......................................... 150.00 Assistant Engineering Designer .......................................... 135.00 Principal Engineering Drafter ............................................. 130.00 Associate Engineering Drafter ............................................ 120.00 Assistant Engineering Drafter ............................................ 110.00 Senior Technical Manager .................................................. 195.00

Senior Transportation/Traffic Engineer ............................. $ 240.00 Principal Transportation/Traffic Engineer ........................... 230.00 Associate Transportation/Traffic Engineer .......................... 205.00 Assistant Transportation/Traffic Engineer ........................... 190.00 Principal Transportation/Traffic Designer ........................... 170.00 Associate Transportation/Traffic Designer .......................... 150.00 Assistant Transportation/Traffic Designer .......................... 135.00

Principal Planner II ............................................................ $ 220.00 Principal Planner I .............................................................. 205.00 Senior Planner II .................................................................. 200.00 Senior Planner I ................................................................... 185.00 Associate Planner ............................................................... 160.00 Assistant Planner ................................................................ 140.00 Planning Technician ........................................................... 120.00

Principal Project Landscape Architect/Manager .............. $ 205.00 Associate Project Landscape Architect/Manager .............. 185.00 Assistant Project Landscape Architect/Manager ............... 165.00 Principal Landscape/Urban Designer ................................. 140.00 Associate Landscape/Urban Designer ............................... 130.00 Assistant Landscape/Urban Designer ................................ 115.00

Director of Environmental Planning Services .................. $ 245.00 Principal Environmental Project Manager .......................... 210.00 Associate Environmental Project Manager ....................... 195.00 Assistant Environmental Project Manager ....................... 180.00 Principal Environmental Planner/Analyst ........................ 165.00 Associate Environmental Planner/Analyst ....................... 145.00 Assistant Environmental Planner/Analyst .......................... 125.00 Environmental Technician .................................................. 110.00

Principal Water Resources Engineer/Manager .................. $ 235.00 Principal Water Resources Designer ................................... 170.00 Associate Water Resources Designer .................................. 150.00 Assistant Water Resources Designer .................................. 135.00

Principal Stormwater Project Manager ............................. $ 200.00 Associate Stormwater Project Manager .............................. 185.00 Assistant Stormwater Project Manager ............................. 165.00 Principal Stormwater Specialist ........................................ 145.00 Associate Stormwater Specialist ....................................... 135.00 Assistant Stormwater Specialist ........................................ 120.00

GIS Manager ..................................................................... $200.00 GIS Asset Manager .............................................................. 195.00 GIS Programmer ................................................................ 170.00 Principal GIS Project Manager .......................................... 190.00 Associate GIS Project Manager ........................................... 175.00 Assistant GIS Project Manager .......................................... 160.00 Principal GIS Analyst ........................................................ 150.00 Associate GIS Analyst ....................................................... 140.00 Assistant GIS Analyst ........................................................ 125.00 Graphics Designer .............................................................. 145.00 CAD Manager ..................................................................... 180.00

Field Supervisor ............................................................... $ 220.00 One-person Survey Party ................................................... 180.00 One-person Survey Party with Robotics ............................ 230.00 Two-person Survey Party ................................................... 280.00 Three-person Survey Party ................................................ 380.00

3D Laser Scanning Crew (One-Person) ............................ $ 210.00 3D Laser Scanning Crew (Two Person) ............................. 310.00

Principal 3D Laser Scanning Project Manager ................. $ 200.00 Associate 3D Laser Scanning Project Manager .................. 175.00 Assistant 3D Laser Scanning Project Manager ................... 165.00 Principal 3D Laser Scanning Specialist .............................. 145.00 Associate 3D Laser Scanning Specialist ............................. 135.00 Assistant 3D Laser Scanning Specialist .............................. 125.00 Principal 3D Laser Scanning Technician ............................. 115.00 Associate 3D Laser Scanning Technician ........................... 105.00 Assistant 3D Laser Scanning Technician .............................. 95.00

Photogrammetry Supervisor .............................................. $185.00 Principal Photogrammetrist ............................................... 160.00 Associate Photogrammetrist ............................................... 130.00 Assistant Photogrammetrist ................................................ 120.00

Principal Survey Analyst ................................................... $195.00 Associate Survey Analyst ................................................... 160.00 Assistant Survey Analyst ..................................................... 130.00

Associate Project Administrator ....................................... $ 100.00 Assistant Project Administrator ............................................ 80.00 Administrative Assistant/Manager........................................ 85.00 Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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Hourly Rates – California Offices
March 1, 2024 – June 30, 2025
_____________________________________________________________________________________________________________________________________ Rates subject to change for prevailing wage contracts.

When authorized, overtime shall be charged at the listed rates times 1.5.

Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses.

A fifteen (15) percent fee for administration, coordination and handling will be added to all subcontracted services.

Principal Consultant (Special Projects) .............................. $300.00 Principal .............................................................................. 290.00 Associate Principal .............................................................. 270.00 Associate/Manager ............................................................. 250.00 Expert Witness ..................................................................... 450.00 Court Appearance per half day or part............................... 1,800.00

Senior Project Manager/Engineering Manager ................. $ 245.00 Principal Project Engineer/Manager .................................... 230.00 Associate Project Engineer/Manager ................................... 205.00 Assistant Project Engineer/Manager .................................... 190.00 Principal Engineering Designer ........................................... 170.00 Associate Engineering Designer .......................................... 150.00 Assistant Engineering Designer .......................................... 135.00 Principal Engineering Drafter ............................................. 130.00 Associate Engineering Drafter ............................................ 120.00 Assistant Engineering Drafter ............................................ 110.00 Senior Technical Manager .................................................. 195.00

Senior Transportation/Traffic Engineer ............................. $ 240.00 Principal Transportation/Traffic Engineer ........................... 230.00 Associate Transportation/Traffic Engineer .......................... 205.00 Assistant Transportation/Traffic Engineer ........................... 190.00 Principal Transportation/Traffic Designer ........................... 170.00 Associate Transportation/Traffic Designer .......................... 150.00 Assistant Transportation/Traffic Designer .......................... 135.00

Principal Planner II ............................................................ $ 220.00 Principal Planner I .............................................................. 205.00 Senior Planner II .................................................................. 200.00 Senior Planner I ................................................................... 185.00 Associate Planner ............................................................... 160.00 Assistant Planner ................................................................ 140.00 Planning Technician ........................................................... 120.00

Principal Project Landscape Architect/Manager .............. $ 205.00 Associate Project Landscape Architect/Manager .............. 185.00 Assistant Project Landscape Architect/Manager ............... 165.00 Principal Landscape/Urban Designer ................................. 140.00 Associate Landscape/Urban Designer ............................... 130.00 Assistant Landscape/Urban Designer ................................ 115.00

Director of Environmental Planning Services .................. $ 245.00 Principal Environmental Project Manager .......................... 210.00 Associate Environmental Project Manager ....................... 195.00 Assistant Environmental Project Manager ....................... 180.00 Principal Environmental Planner/Analyst ........................ 165.00 Associate Environmental Planner/Analyst ....................... 145.00 Assistant Environmental Planner/Analyst .......................... 125.00 Environmental Technician .................................................. 110.00

Principal Water Resources Engineer/Manager .................. $ 235.00 Principal Water Resources Designer ................................... 170.00 Associate Water Resources Designer .................................. 150.00 Assistant Water Resources Designer .................................. 135.00

Principal Stormwater Project Manager ............................. $ 200.00 Associate Stormwater Project Manager .............................. 185.00 Assistant Stormwater Project Manager ............................. 165.00 Principal Stormwater Specialist ........................................ 145.00 Associate Stormwater Specialist ....................................... 135.00 Assistant Stormwater Specialist ........................................ 120.00

GIS Manager ..................................................................... $200. 00 GIS Asset Manager .............................................................. 195.00 GIS Programmer ................................................................ 170.00 Principal GIS Project Manager .......................................... 190.00 Associate GIS Project Manager ........................................... 175.00 Assistant GIS Project Manager .......................................... 160.00 Principal GIS Analyst ........................................................ 150.00 Associate GIS Analyst ....................................................... 140.00 Assistant GIS Analyst ........................................................ 125.00 Graphics Designer .............................................................. 145.00 CAD Manager ..................................................................... 180.00

Field Supervisor ............................................................... $ 220.00 One-person Survey Party ................................................... 180.00 One-person Survey Party with Robotics ............................ 230.00 Two-person Survey Party ................................................... 280.00 Three-person Survey Party ................................................ 380.00

3D Laser Scanning Crew (One-Person) ............................ $ 210.00 3D Laser Scanning Crew (Two Person) ............................. 310.00

Principal 3D Laser Scanning Project Manager ................. $ 200.00 Associate 3D Laser Scanning Project Manager .................. 175.00 Assistant 3D Laser Scanning Project Manager ................... 165.00 Principal 3D Laser Scanning Specialist .............................. 145.00 Associate 3D Laser Scanning Specialist ............................. 135.00 Assistant 3D Laser Scanning Specialist .............................. 125.00 Principal 3D Laser Scanning Technician ............................. 115.00 Associate 3D Laser Scanning Technician ........................... 105.00 Assistant 3D Laser Scanning Technician .............................. 95.00

Photogrammetry Supervisor .............................................. $185.00 Principal Photogrammetrist ............................................... 160.00 Associate Photogrammetrist ............................................... 130.00 Assistant Photogrammetrist ................................................ 120.00

Principal Survey Analyst ................................................... $195.00 Associate Survey Analyst ................................................... 160.00 Assistant Survey Analyst ..................................................... 130.00

Associate Project Administrator ....................................... $ 100.00 Assistant Project Administrator ............................................ 80.00 Administrative Assistant/Manager........................................ 85.00 Exhibit 2
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Exhibit 2
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80 Item6.
1 GRANT AGREEMENT BETWEEN

THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND

CITY OF ESCONDIDO

REGARDING ESCONDIDO GENERAL PLAN AMENDMENTS AND ENVIRONMENTAL REVIEW
TRANSNET SMART GROWTH INCENTIVE PROGRAM – PLANNING CYCLE 5 SANDAG CONTRACT NO. S1021722

THIS GRANT AGREEMENT (“Agreement”) is made and entered into effective as of the last signature date, by an between the San Diego Association of Governments (“SANDAG”), 401 B Street, Suite 800, San Diego, California, and City of Escondido, (“Grantee”), 201 N. Broadway Escondido, California. This Agreement expires 14 months after the effective date, unless amended in writing by mutual agreement of the parties.

The following recitals are a substantive part of this Agreement:

A. The SANDAG Board of Directors allocates funds under the TransNet local sales tax program to support local transportation-related infrastructure projects in the San Diego region through a competitive process.

B. The TransNet Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP) for which funding began on April 1, 2008. The SGIP encompasses projects that better integrate transportation and land use and recognizes the comprehensive effort to integrate smart growth place making, access to transit, and environmental justice.

C. In January 2010, the SANDAG Board of Directors approved Board Policy No. 035: Competitive Grant Program Procedures, which is available in its updated version at www.sandag.org/legal. This Agreement and the Grantee’s performance hereunder are subject to Board Policy No. 035, which includes multiple “use it or lose it” provisions.

D. On November 19, 2021, SANDAG issued a call for projects from local jurisdictions in San Diego County wishing to apply for a portion of the TransNet SGIP funds for use on planning projects meeting certain criteria, and authorizing up to $3 million from the SGIP to be used for planning projects.

E. On May 13, 2022, the SANDAG Board of Directors approved a list of recommended SGIP projects for the fifth competitive grant cycle, and one of those projects is the subject of this Agreement (Project). The Project Scope of Work, Schedule, and Budget are included as Attachment A.

F. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project.

G. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not take an active role or retain substantial control of the Project. Therefore, this Agreement is characterized as a funding agreement rather than a cooperative agreement.

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2 NOW, THEREFORE, it is agreed as follows:

I. GRANT AWARD
A. The total amount payable by SANDAG to Grantee pursuant to this Agreement shall be the proportion of actual Project costs allocated to grant funding in Attachment A and shall not exceed the grant award of $175,000 (Fund Limit).

B. It is agreed and understood that this Agreement Fund Limit is a ceiling and that SANDAG will only reimburse the allowable cost of services actually rendered as authorized by SANDAG at or below the Fund Limit. Notwithstanding the foregoing, Grantee understands that TransNet funds derive from retail transactions and use tax revenues, which fluctuate. The SANDAG funding commitment to SGIP Projects, including this Project, is subject to these fluctuations, which may impact funding availability for this Project.

C. Grantee’s is included in the Regional Transportation Improvement Plan (RTIP). The TransNet MPO ID for the Project is ESC54.

II. PROJECT BUDGET
Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project Budget that is set forth in Attachment A. The Grantee and/or third-party contractor(s) will incur obligations to the Project only as authorized by the Project Budget. An amendment to the Project Budget requires the issuance of a formal amendment to the Agreement per Board Policy No. 035, unless the re-allocation of funds among budget items or fiscal years does not increase the Fund Limit, does not exceed an aggregate of ten percent for any particular task in Attachment A, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Grants Program Manager approval is required for transfers of funds between tasks in Attachment A that meet these eligibility criteria for an administrative amendment by SANDAG staff. All other amendments are subject to approval by a SANDAG Policy Advisory Committee or the SANDAG Board of Directors.

III. MATCHING FUNDS
Grantee agrees to provide matching funds in an amount of $25,000 of the actual cost of the Project, estimated to be 12.5 percent based on the Project Budget. If the actual cost of the Project exceeds the Project Budget, Grantee is responsible for 100 percent of the actual cost greater than the Project Budget.

A. Availability of Grant Funding
Except where expressly allowed in writing herein, credits for matching funds will be made or allowed only for work performed on and after the Notice to Proceed date and prior to the termination date of this Agreement, unless expressly permitted by SANDAG in writing.

B. Reduction of Matching Funds
The Grantee agrees that no reduction in the amount of matching funds may be made unless a reduction of the proportional share of the grant funding provided by SANDAG under this Agreement also is made.

C. Prompt Payment of Grantee’s Share of Matching Funds
Grantee agrees to complete all actions necessary to provide its share of the Project costs at or before the time the matching funds are needed from Grantee to pay for Project costs. The Grantee Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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3 agrees to provide not less than its cumulative required match amount of Project costs prior to invoicing SANDAG for reimbursement. Each of Grantee’s invoices must include its matching fund contribution, along with supporting, descriptive and/or explanatory documentation for the matching funds provided.

IV. PROJECT MANAGER
Grantee’s Project Manager is Veronica Morones.

The SANDAG SGIP Program Manager is Tracy Ferchaw.

Project Manager continuity and experience is deemed essential in Grantee’s ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without first providing written notice to SANDAG. Grantee shall provide SANDAG with updated contact information in a timely manner if there are any changes to its Project Manager.

V. NOTICE
All notices required to be given, by either party to the other, shall be deemed fully given when made in writing and received by the parties at their respective addresses:

San Diego Association of Governments
Attention: Grants Program Manager
401 B Street, Suite 800
San Diego, CA 92101
Grantee:

City of Escondido
Attention: Veronica Morones
201
N. Broadway
Escondido, CA 92025
VI. PROJECT IMPLEMENTATION
A. Gen
eral
The Grantee agrees to carry out the Project as follows:

1. Project Description
Grantee agrees to perform the work as described in the Scope of Work included in Attachment A.

2. Grantee's Capacity
The Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project as described in Attachment A and provide for the use of any Project property; (b) carry out any safety and security aspects of the Project; and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee, including but not limited to the TransNet Extension Ordinance and Board Policy No. 035.

3. Project Schedule
The Grantee agrees to complete the Project according to the Project Schedule included in Attachment A and in compliance with Board Policy No. 035.

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4 4. Project Implementation and Oversight Requirements
Grantee agrees to comply with the Performance Measures included in Attachment B.

5. Changes to Project Scope of Work
This Agreement was awarded to Grantee based on the application submitted by Grantee with the intention that the awarded funds would be used to implement the Project as described in the project application. Any substantive deviation from Grantee’s Scope of Work during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the grant program and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process.

SANDAG reserves the right to have grant funding withheld from Grantee, or refunded to SANDAG, due to Grantee’s failure to satisfactorily complete the Project or due to substantive changes to the Project not approved in advance by SANDAG.

B. Application of Laws
Should a federal or state law pre-empt or conflict with a local law, policy, or the TransNet Extension Ordinance, the Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously.

C. Changes in Project Performance
The Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event, including a force majeure event, that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by Board Policy No. 035. The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG’s Grants Program Manager.

D. Compliance Information System (CIS)
If Grantee will utilize persons other than its own employees to carry out work, Grantee and all of its third party contractors and/or subcontractors (hereinafter “subcontractors”) shall report payment details using the SANDAG web-based CIS by the 15th of each month following receipt of payment by SANDAG. CIS allows SANDAG to monitor promptness of payment to subcontractors and will allow Grantee and its subcontractors to manage their own records, maintain accurate contract information, and report payment details online. CIS is mandatory for Grantee and subcontractors to use unless SANDAG instructs otherwise. After execution of this Agreement, Grantee will receive instructions on how to set up its account and enter required subcontractor data into CIS via an internet browser. Grantee must require each of its subcontractors to enter required payment information into CIS. Failure of Grantee or its subcontractors to enter required information and confirm payments on a timely basis will result in delay of payment by SANDAG to Grantee until Grantee has cured any defects or provided the missing information. Should Grantee fail to provide Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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5 the required information, SANDAG shall have sole discretion regarding whether to withhold payment or terminate this Agreement.

E. Licenses and Permits
Grantee represents and warrants to SANDAG that Grantee and its subcontractors will have all necessary licenses, permits, qualifications and approvals of whatever nature that are required to legally practice its profession and/or perform services under this Agreement at all times during the term of this Agreement.

F. Standard of Care
Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its management, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its subcontractors.

G. Third- Party Contracting
Although the Grantee may delegate any or almost all Project responsibilities to one or more third- party contractors, the Grantee agrees that it, rather than any third-party contractor, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. The first invoice utilizing any third-party contractor shall be accompanied by evidence of compliance with the following requirements:

1. Competitive Procurement
Grantee shall not award contracts over $10,000 on the basis of a noncompetitive procurement for work to be performed under this Agreement without the prior written approval of SANDAG. Contracts awarded by Grantee, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. Upon request by SANDAG, Grantee shall submit its Request for Proposals or bid solicitation documents to SANDAG staff for review and comment for consistency with the agreed upon Scope of Work with SANDAG and to ensure a competitive process was used.

If Grantee hires a third-party contractor to carry out work funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate prior to soliciting proposals/bids; publicly advertise for competing proposals/bids for the work; for professional services, use cost as a significant evaluation factor in selecting the third-party contractor; document a record of negotiation establishing that the amount paid by Grantee for the work is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor.

2. Debarment
Grantee shall execute and cause its third-party contractors to execute debarment and suspension certificates stating they have not been disqualified from doing business with government entities. The documentation showing lack of debarment shall be obtained from the following two websites:
• Grantee will check the System for Award Management (SAM) at www.sam.gov to verify the prime contractor and all of its subcontractors are not currently debarred or suspended by the federal government.

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6 • Entities in the United States are banned from doing business with companies with ownership based in countries such as Cuba, Sudan and China due to United States trade sanctions. A search on the US Treasury’s Office of Foreign Assets Control (OFAC) website can ensure Grantee will not be doing business with a vendor that is subject to trade sanctions. This can be done at https://sanctionssearch.ofac.treas.gov/.

3. Flowdown
Grantee agrees to take appropriate measures necessary, including the execution of a subagreement, lease, third-party contract, or other, to ensure that all Project participants, including alternate payees or third-party contractors at any tier, comply with all applicable federal laws, regulations, policies affecting Project implementation and Agreement requirements. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee’s responsibilities as set forth in this Agreement.

4. No SANDAG Obligations to Third Parties
In connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subcontractor, lessee, third-party contractor at any tier or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, alternate payee designation, or third-party contract at any tier, SANDAG has no obligations or liabilities to any entity other than the Grantee.

5. Equipment Purchases
Grantee shall maintain ownership of any equipment purchased using Agreement funding and shall use such equipment only for the purposes set forth in this Agreement. The parties agree to meet and confer in good faith to ensure the continued use of the equipment for the purposes intended, which may include reimbursement to SANDAG when the fair market value of the equipment at Project completion exceeds $5,000. SANDAG and Grantee further agree that Grantee shall keep an inventory record for each piece of equipment purchased under this Agreement and maintain each piece of equipment in good operating order consistent with the purposes for which they were intended. SANDAG shall have the right to conduct periodic maintenance inspections for the purpose of confirming the existence, condition, and proper maintenance of the equipment.

VII. ETHICS
A. Grantee Code of Conduct/Standards of Conduct
The Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third-party contracts supported with the grant funding.

The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subcontractor, lessee, or third-party contractor at any tier or agent thereof. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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7 council or board members, or their agents, or its third-party contractors or subcontractors or their agents.

B. Personal Conflicts of Interest
The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third-party contract or subagreement supported by the grant funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in a firm competing for award.

C. Organizational Conflicts of Interest
The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third-party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third-party contractor or subcontractor or impair its objectivity in performing the contract work.

D. SANDAG Code of Conduct
SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations.

SANDAG staff members are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual Board member or staff has a prohibited financial interest in the contract. Staff also are prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG’s officers, employees, agents, and board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it shall notify the SANDAG Office of General Counsel immediately.

E. Bonus or Commission
The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its grant funding application for the Project.

F. False or Fraudulent Statements or Claims
The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee’s grant application, progress reports and invoices.

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8 VIII. PAYMENTS
A. Method of Payment
The method of payment for this Agreement will be based upon actual, substantiated, and allowable costs described herein.

B. Alternate Payee
If the Grantee designates a party as an Alternate Payee, Alternate Payee is authorized to submit payment requests directly to SANDAG to receive reimbursement for allowable Project costs. This does not alleviate Grantee from all obligations under this Grant Agreement.

C. Invoicing
Grantee or Alternate Payee is required to submit invoices quarterly. Invoices must be accompanied by a quarterly report (template to be provided by SANDAG). SANDAG will make payments for eligible amounts to Grantee or Alternate Payee as promptly as SANDAG fiscal procedures permit upon receipt of Grantee’s or Alternate Payee’s itemized signed invoice(s) and confirmation by the SGIP Program Manager that Grantee is in compliance with the reporting and other requirements in this Agreement. SANDAG shall retain 10 percent from the amounts invoiced until satisfactory completion of the Project. SANDAG shall promptly pay retention amounts to Grantee or Alternate Payee following satisfactory completion of work, receipt of final invoice, and all required documentation.

D. Eligible Costs
The Grantee agrees that Project costs eligible for grant funding must comply with the following requirements, unless SANDAG determines otherwise in writing. To be eligible for reimbursement, Project costs must be:

1. Consistent with the Project Scope of Work, Schedule and Project Budget, and other provisions of the Agreement.

2. Necessary in order to accomplish the Project.

3. Reasonable for the goods or services purchased.

4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). Project generated revenue realized by the Grantee shall be used in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period.

5. Incurred for work performed on or after the SANDAG Notice to Proceed date, and before the termination date, and also must have been paid for by the Grantee.

6. Satisfactorily documented with supporting documentation, which is to be submitted with each invoice. Copies of invoices are required for goods or services provided by third parties.

7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third-party contractors and subcontractors, (see Section entitled “Accounting Records”).

8. Eligible for grant funding as part of the grant program through which the funds were awarded.

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9 9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the following documentation as part of the grant application materials: (1) an indirect cost allocation audit approved by a qualified independent auditor or (2) the applicant’s proposed method for allocating indirect costs in accordance with federal guidelines. Indirect cost allocation plans must be reviewed and renewed annually.

E. Excluded Costs
In determining the amount of TransNet Ordinance Assistance SANDAG will provide for the Project, SANDAG will exclude:

1. Any Project cost incurred by the Grantee before the Effective Date of the Agreement or applicable Amendment thereto

2. Any cost that is not included in the Project Budget

3. Any cost for Project property or services received in connection with a subagreement, lease, third-party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG

4. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies

5. Any cost incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved (any indirect cost). Typical indirect costs include facilities and administration costs such as heat/air conditioning, lighting, payroll, and the entity’s accounting system. Administrative costs such as clerical and support staff salaries also are most often treated as indirect costs.

The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG’s final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of this Agreement or Board Policy No. 035. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers’ Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the grant funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due to SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to the Grantee that specific amounts are owed to SANDAG, whether for excess payments of grant funding, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to promptly remit to SANDAG the amounts owed, including applicable interest, penalties and administrative charges.

IX. ACCOUNTING, REPORTING, RECORD RETENTION, AND ACCESS A. Project Accounts
The Grantee and/or Alternate Payee agree to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee and/or Alternate Payee also agree to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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10 identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project.

B. Reports

1. The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, or any other reports SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. Grantee may be required to attend meetings of SANDAG staff and committees, including but not limited to the Regional Planning Committee and the SANDAG Board of Directors, to report on its progress and respond to questions from Board Members or the public.

2. Grantee’s performance shall be monitored for consistency with the Scope of Work. SANDAG will utilize the SGIP Monitoring Checklist (Attachment C) and Performance Measures (Attachment B), to document compliance with this Agreement. Grantee’s performance will be measured against the Performance Measures during the term of this Agreement. If the Grantee does not comply with provisions in this Agreement or achieve minimum performance requirements, SANDAG will issue Grantee a written Notice to Complete a Recovery Plan.

Grantee’s Recovery Plan shall include a detailed description of how Grantee intends to come into compliance with the Performance Measures or provisions in this Agreement. Grantee’s Recovery Plan must include an implementation schedule that reflects achievement of its performance measure minimums or provisions in this Agreement within three months following the issue date of the SANDAG Notice to Complete a Recovery Plan. Grantee must submit its Recovery Plan to the SGIP Program Manager within 30 calendar days following the issue date of the SANDAG Notice to Complete a Recovery Plan. If Grantee’s performance is inconsistent with that proposed in its Recovery Plan, SANDAG in its sole discretion may terminate this Agreement.

3. Grantee must submit quarterly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget, schedule, and Performance Measures.

Grantee will not be paid until all reports are completed and provided to SANDAG in the format SANDAG requires. Furthermore, the Grantee agrees to provide project milestone information (such as presentations to community groups, other agencies, and elected officials, groundbreakings, and ribbon-cuttings) to support media and communications efforts.

Grantee needs to document and track in-kind contributions designated as matching funds as part of project management. Grantee must provide all deliverables identified in the Scope of Work.

4. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral based on logo usage guidelines to be provided by SANDAG. Grantee agrees to provide project milestone information to support media and communications efforts.

5. Grantees are responsible for the following photo documentation:
• Existing conditions photos (as applicable), which should illustrate the current conditions of the project site and demonstrate the need for improved facilities • Project milestone photos (such as workshops, presentations to community groups, other agencies, and elected officials)
• Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. Grantees must obtain consent of all persons featured in photos (or that of a parent or guardian of persons under the age of 18) by Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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11 using the SANDAG Photo and Testimonial Release form to be provided by SANDAG, or a similar release form developed by Grantee and agreed upon by SANDAG.

C. Record Retention
During the course of the Project and for three years thereafter from the date of transmission of the final invoice, the Grantee agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SANDAG may require. All communications and information provided to SANDAG become the property of SANDAG and public records, as such, may be subject to public review. Please see SANDAG’s Board Policy No. 015: Records Management Policy, which is available at www.sandag.org/legal, for information regarding the treatment of documents designated as confidential.

D. Meeting Records
Grantee shall provide SANDAG with agendas and meeting summaries for all community meetings.

SANDAG staff may attend any meetings as appropriate.

E. Access to Records of Grantees and Subcontractors
The Grantee agrees to permit, and require its subcontractors to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subcontractors pertaining to the Project.

F. Communities Served Data and Reporting
If requested, Grantee shall provide SANDAG with data regarding how the Project’s benefits and burdens were equitably distributed among socio and economic populations in the area affected by the Project, and associated smart growth data, and/or any other relevant information.

X. PROJECT COMPLETION, AUDIT, SETTLEMENT, AND CLOSEOUT
A. Project Completion
Within 90 calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final invoice of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project.

B. Project Audit
The Grantee agrees to have financial, performance, and compliance audits performed as SANDAG may require. The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project costs.

C. Performance Audit
The Grantee agrees to cooperate with SANDAG or ITOC with regard to any performance audit that is performed on the Project.

D. Project Closeout
Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final grant funding payment and or acknowledges that the Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
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12 Grantee has remitted the proper refund. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG.

XI. TIMELY PROGRESS AND RIGHT OF SANDAG TO TERMINATE
A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto.

B. In the event Grantee encounters or anticipates difficulty in meeting the Project Schedule, the Grantee shall immediately notify the SGIP Program Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements.

C. Grantee agrees that SANDAG, at its sole discretion, may suspend or terminate all or any part of the grant funding if the Grantee fails to make reasonable progress on the Project and/or violates the terms of the Agreement or Board Policy No. 035, or if SANDAG determines that the purpose of the laws or policies authorizing the Project would not be adequately served by the continuation of grant funding for the Project.

D. In general, termination of grant funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused grant funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG the entire amount of grant funding provided for the Project or any lesser amount as SANDAG may determine.

E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee must request and SANDAG may agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG’s discretion if Grantee’s request is consistent with the provisions of Board Policy No. 035.

XII. C IVIL RIGHTS
The Grantee agrees to comply with all applicable civil rights laws, regulations and policies and shall include the provisions of this section in each subagreement, lease, third-party contract or other legally binding document to perform work funded by this Agreement. Applicable civil rights laws, regulations and policies include, but are not limited to, the following:

A. Nondiscrimination
SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the public of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project or program funded by this grant. If Grantee receives a Title VI-related or ADA- related complaint, Grantee must notify SANDAG in writing within 72 hours of receiving the complaint so that SANDAG can determine whether it needs to carry out its own investigation.

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92 Item6.
13 B. Equal Employment Opportunity
During the performance of this Agreement, Grantee and all of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, denial of pregnancy disability leave, veteran status, or sexual orientation. Grantee and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing California Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by this reference and are made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

XIV. DISPUTES AND VENUE
A. Choice of Law
This Agreement shall be interpreted in accordance with the laws of the State of California.

B. Dispute Resolution Process
In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows:

1. Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to the SGIP Program Manager.

The SGIP Program Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 20 calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG’s Chief Executive Officer or designee. The request for reconsideration must be received within ten calendar days from the postmark date of SANDAG’s reply. The Chief Executive Officer or designee will respond in writing to the request for reconsideration within ten working days.

2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee. SANDAG shall respond to a request for mediation within 30 calendar days. The decision of the Regional Planning Committee shall be final.

C. Venue
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney’s fees, litigation and collection expenses, witness fees, and court costs as determined by the court.

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93 Item6.
14 XV. ASSIGNMENT
Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement.

XVII. INDEMNIFICATION AND HOLD HARMLESS
A. Generally
With regard to any claim, protest, or litigation arising from or related to the Grantee’s performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wage claims against the Project, asserted or established liability for damages or injuries to any person or property, including injury to the Grantee’s or its subcontractors’ employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its subcontractors and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its Board of Directors, agents, officers, or employees.

B. Intellectual Property
Upon request by SANDAG, the Grantee agrees to indemnify, save, and hold harmless SANDAG and its Board of Directors, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents.

XVIII. INDEPENDENT CONTRACTOR
A. Status of Grantee
Grantee shall perform the services provided for within this Agreement as an independent contractor, and not as an employee of SANDAG. Grantee shall be under the control of SANDAG as to the result to be accomplished and not the means, and shall consult with SANDAG as provided for in the Scope of Work. The payments made to Grantee pursuant to this Agreement shall be the full and complete compensation to which Grantee is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall not be required to pay any workers’ compensation insurance on behalf of Grantee. Grantee agrees to indemnify SANDAG for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which SANDAG may be required to make on behalf of Grantee or any employee of Grantee for work done under this Agreement.

B. Actions on Behalf of SANDAG
Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement.

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15 XIX. SEVERABILITY AND INTEGRATION
If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations.

This Agreement with its attachments and the resolution from Grantee’s governing body submitted with its application, represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee.

XX. SIGNATURES
The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the last signature date..

SAN

DIEGO ASSOCIATION OF

GOVERNMENTS
CI

TY OF ESCONDIDO

SUSAN HUNTINGTON DATE
Director of Financial Planning, Budgets,
and Grants

DATE PAUL MCNAMARA
Mayor
APPROVED AS TO FORM: APPRO VED AS TO FORM:

Office of General Counsel DATE City Attorney or designee DATE DATE
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16 ATTACHMENT A

SCOPE OF WORK, SCHEDULE, AND PROJECT BUDGET

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96 Item6.
17 ATTACHMENT B

PERFORMANCE MEASURES
Instructions
In 2020, the San Diego region permitted 10,883 units of housing. The goal of the SGIP is to fund planning activities that facilitate compact, mixed-use, transit-oriented development, and increase housing and transportation choices. The following form is to be used for satisfying the quarterly reporting requirements and performance measures of the SGIP funded by TransNet. Pursuant to the terms of the Grant Agreement, Grantees will be required to provide quarterly reports and a more detailed Final Progress Report at the end of the grant term. The quarterly report utilizing this form must be submitted to SANDAG within 30 days following receipt of funds and thereafter each quarter until the expiration of the grant. A Grantee will not be eligible for reimbursement from SANDAG unless it has submitted its reports by the timelines required by SANDAG.

Performance Period Quarterly Report Due Date
April-June 2022 July 15, 2022
July-September 2022 October 15, 2022
October-December 2022 January 15, 2023
January-March 2023 April 15, 2023
April-June 2023 July 15, 2023
July-September 2023 October 15, 2023
October-December 2023 January 15, 2024
January-March 2024 April 15, 2024
April-June 2024 July 15, 2024
July-September 2024 October 15, 2024
October-December 2024 January 15, 2025
January-March 2025 April 15, 2025
April-June 2025 July 15, 2025
Unless SANDAG directs otherwise, Grantee must submit its quarterly report to SANDAG using a form that will be sent to Grantees each quarter. This document will show the information that will be required in the quarterly reports from each Grantee and will be followed by the list of performance measures that will be used for the Final Progress Report. This cycle of SGIP grants is focused on planning activities rather than construction, however, the performance measure information in the Final Progress Report will serve as a baseline for future SGIP grant cycles to align with the 2021 Regional Plan and other SANDAG grant programs.

Overview
Provide an overview of the project, including challenges, limiting factors, opportunities and solutions unique to the jurisdiction. The section should also discuss the overall approach, goals and high-level summary of the status of the project.

Project Highlights, Accomplishments and Best Practices
Provide highlights regarding the overall project from the last quarter and any accomplishments resulting from the efforts in implementing the project. This section also may list and explain some of the best practices occurring through the project. This section can highlight the Grantee’s efforts and can include a wide-ranging variety of efforts that facilitate smart growth and transit-oriented development and greenhouse gas reduction such as comprehensive planning efforts, smaller-scale neighborhood planning activities, Complete Streets Design Manuals, Financing Tools, Smart Growth studies, Transit Oriented Development Overlay Zones and Concept Plans, and Mobility Hub plans.

Status of Activities
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18 This section will provide a description of each of the major activities in the Grantee’s project. Based on the description of the activities Grantee committed to perform in its Grant Agreement, Grantee will provide status reports describing progress on milestones and deliverables completed. • Column 1 of the status table is entitled Activity Category. This column will be completed with the relevant activity category (i.e., relationship to regional transit, further planning to support regional mobility hub implementation strategy, Smart Growth policy implementation, smart growth equity, partnerships (if applicable), and sustainability).
• Column 2 will include a brief description of the milestone or deliverable completed. • Columns 3 and 4 will report the amount of money allocated to each activity and how much has been expended per activity as of the end of the quarter.
• Column 5 will describe the overall timing of the project with beginning and anticipated completion dates.
• Column 6 will include a general status (i.e., not yet started, in progress, complete) and anticipated upcoming milestones.
• Column 7 will qualitatively and quantitatively, where possible, describe the impact on housing as a result of the activity. Qualitative data should be based on the performance measure metrics that Grantee will be required to report on at the end of grant term in the Final Progress Report Summary of Work Completed in Prior Quarter

1 2 3 4 5 6 7
Activity
Category
Description of
Milestone or
Deliverable
Completed
Dollar
Amount
Allocated to
Activity
Dollar
Amount
Expended
Thus Far
Anticipated
Completion
Date
Status Description of
How Milestone
or Deliverable
Achieves
Progress on a
Performance
Measure

Summary of Smart Growth Indicators
Provide a narrative overview of smart growth indicators and a summary of efforts, activities, studies, and/or other deliverables, as applicable. Grantees may add other smart growth indicators and numerical outcomes and may also discuss any anticipated changes and limiting or confounding factors potentially impacting the effectiveness of the activities. The information collected in this grant cycle may be used as a baseline or context for indicating smart growth implementation at a jurisdictional scale. Baseline year will be the 2021 calendar year and current year will be 2022 for purposes of the Final Progress Report.

Grantees may add any anticipated changes and limiting or confounding factors potentially impacting the effectiveness of the activities. Additionally, Grantees may discuss other indicators of smart growth implementation and numerical outcomes that are based on the performance measure metrics that Grantee will be required to report on at the end of grant term in the Final Progress Report.

Performance Measures Metrics to Be Provided in Final Progress Report Below are examples that could be used, depending on the type of project funded through the SGIP.

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19 • Number of improvements to the mix of land use types (multifamily, single-family, and non-residential) in jurisdiction
• Number of acres Grantee avoided converting from agricultural, natural, or working lands to land eligible for development
• Number of projects providing new or enhanced connectivity to the non-automotive transportation network during the grant term
• Number of improved neighborhood projects with safety features to promote active mobility completed during the grant term
• Number of new linkages to transit and/or pedestrian and bicycle infrastructure created during the grant term
• VMT reduction per capita within the jurisdiction during the grant term • Number of new non-automotive trips generated (total, per capita, or other) during the grant term • Greenhouse gas reduction (total, per capita, or other) achieved by jurisdiction during the grant term • Number of new infrastructure services created in areas of concentrated poverty or similar areas during the grant term
• Number of new housing units created during the grant term in Smart Growth Opportunity Areas and employment centers
• Number of individual persons reached by Grantee using direct engagement with community stakeholders concerning smart growth during the grant term • Number of housing units located on an infill site surrounded by urban uses such as shopping, restaurants, and jobs available to rent or own
Additional Information
Provide any applicable information as necessary to demonstrate the status and impacts of the overall project.

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99 Item6.
20 ATTACHMENT C

SGIP MONITORING CHECKLIST
See following pages.

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Item6.
21 Smart Growth Incentive Program Monitoring Checklist
The San Diego Association of Governments (SANDAG) has developed a Monitoring Checklist to assist in monitoring each recipient of TransNet Smart Growth Incentive Program (SGIP) funds, referred to as a “Grantee.” The Monitoring Checklist is used to assess the performance of the Grantee in providing the project included in the original grant application, and the Grantee’s compliance with the terms of the Grant Agreement. The Monitoring Checklist will be completed by the SGIP Program Manager annually and upon project completion. SANDAG will send a final version of the completed Monitoring Checklist within one week of the date of the review.

I. GRANT AGREEMENT INFORMATION
Agreement No. [Enter grant agreement number]
Grantee Name [Enter Grantee Name]
Project Name [Enter Project Name]
Project Type Choose an item.

Notice to Proceed Date Click or tap to enter a date.

Agreement Expiration Date Click or tap to enter a date.

Grantee Project Manager Name [Enter Grantee Project Manager Name] SANDAG Program Manager Name [Enter SANDAG Program Manager Name] II. REVIEW DETAILS
Date of Review Click or tap to enter a date.

Type of Review Choose an item.

Review Period Start Date: Click or tap to enter a date.

End Date: Click or tap to enter a date.

III. COMPLIANCE ASSESSMENT
Each question below is derived from the Grant Agreement and therefore, a question marked “No” indicates the Grantee is out of compliance with the terms of the Grant Agreement.

Topic or Question Response
Project Changes

1. Did the Grantee notify SANDAG in writing if substantive changes to the Project would have or did occur?
Choose an item.

2. I f the Grantee encountered or anticipated difficulty in meeting the Project Schedule, did the Grantee notify SANDAG in writing? Did the notification include the reason(s) for the delay in performance and the date by which Grantee expected to complete performance or delivery?
Choose an item.

3. Was prior written approval obtained for transfers of funds between tasks in the Scope of Work?
Choose an item.

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22 4. I f there were any changes to the Grantee’s Project Manager, did the Grantee provide SANDAG with updated contact information in a timely manner? Choose an item.

Compliance Information System (CIS)

5. Did the Grantee report payment details using the SANDAG web-based CIS by the 15th of each month following receipt of payment by SANDAG? Choose an item.

6. Did the Grantee ensure its third party contractors and/or subcontractors consistently reported payments or confirmed receipt of payment in the CIS? Choose an item.

Third-Party Contracting

7. Did the Grantee provide evidence of a competitive procurement or obtain prior written approval of SANDAG to utilize a noncompetitive procurement for each third party contract over $10,000?
Choose an item.

Payments/Invoicing

8. Did the Grantee submit an invoice each quarter in the required format and on time?
Choose an item.

9. Were the invoices filled out correctly and free of errors? Choose an item.

10. Were all items included in Grantee invoices eligible under the Grant Agreement?
Choose an item.

11. Were sufficient backup materials including required documentation consistently provided with each invoice packet?
Choose an item.

12. If the Grantee invoiced for indirect costs, were they consistent with the Grantee’s indirect cost allocation plan in effect at the time of invoice? Choose an item.

13. Did the Grantee’s invoices include its matching fund contribution, along with supporting, descriptive and/or explanatory documentation for the matching funds provided?
Choose an item.

Reports

14. Did the Grantee submit quarterly reports in the required format and on time? Choose an item.

15. Were report forms filled out correctly and free of errors? Choose an item.

16. Did the reports sufficiently detail accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget, schedule, and Performance Measures?
Choose an item.

17. Did the Grantee provide project milestone information such as presentations to community groups, other agencies, and elected officials, groundbreakings, and ribbon-cuttings to support media and communications efforts? Choose an item.

18. Did the Grantee provide with its reports photo documentation required by the Grant Agreement, including existing conditions photos and project milestone photos?
Choose an item.

19. Did the Grantee provide SANDAG with agendas and meeting summaries for all community meetings?
Choose an item.

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23 Project Completion and Closeout

20. Did the Grantee complete the Project according to the Project Schedule included in the Grant Agreement?
Choose an item.

21. Did the Grantee meet the Performance Measures included in the Grant Agreement?
Choose an item.

22. Did the Grantee provide all deliverables identified in the Scope of Work? Choose an item.

23. Did the Grantee provide a final invoice of project expenses and final reports within 90 calendar days following Project completion or termination by SANDAG?
Choose an item.

24. Did the Grantee provide adequate match contributions? Choose an item.

25. Did the Grantee meet the project completion deadline required in Board Policy No. 035? Or otherwise obtain approval for a time extension amendment consistent with the Policy?
Choose an item.

IV. SUMMARY AND IDENTIFICATION OF DEFICIENCIES
SANDAG staff reviews any “No” responses to the Compliance Assessment questions, which indicates an area in which the Grantee is deficient in meeting its obligations under the Grant Agreement. Following identification of any deficiency and for projects that are not yet complete, SANDAG will issue Grantee a written Notice to Complete a Recovery Plan. The Grant Agreement contains additional details on the Notice to Complete a Recovery Plan process.

Question No. Explanation

V. GRANTEE SIGNATURES
By signing below, I confirm receipt of this completed Monitoring Checklist.

Project Manager Name (Print) Signature Date

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Item6.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
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CLAIMS-MADE OCCUR
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POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
12/26/2023
Cavignac
451 A Street, Suite 1800
San Diego CA 92101
Certificate Department
619-744-0574
619-234-8601
[email protected]
XL Specialty Company
37885
RICKENG-01
Valley Forge Insurance Company
20508
Rick Engineering Company
5620 Friars Road
San Diego, CA 92110
Continental Casualty Co.
20443
Amer Cas. Co of Reading, PA
20427
1230081901
B
X
2,000,000
X
1,000,000
15,000
X
Separation of In
2,000,000
4,000,000
X
X
X
Y
6076046485
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X
X
Y
Y
6076046499
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D
X
WC 6 76046521
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Professional Liability
DPR5016700
8/15/2023
8/15/2024
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Aggregate
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Re: All Operations. Additional Insured coverage applies to General and Automobile Liability for City of Escondido per policy form. Primary coverage applies to General Liability per policy form. Waiver of subrogation applies to Automobile Liability per policy form. Prof. Liab. - Claims made, defense costs included within limit.

City of Escondido
201 N. Broadway
Escondido CA 92025
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Item6.
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Doc ID: 1f27bb125cd44a9a80e20208cb891a4f4bbd4f64
Attachment "1"
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STAFF REPORT

May 7, 2025
File Number 0600-10; A-3553-2

SUBJECT

REQUEST APPROVAL FOR CONTRACT AMENDMENT TO THE CONSULTING AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC. FOR THE JOHN MASSON MEMORIAL BIKE PARK PROJECT

DEPARTMENT
Development Services, Engineering Division and Public Works

RECOMMENDATION
Request the City Council adopt Resolution No. 2025-46, authorizing the Mayor, on behalf of the City, to execute Amendment No. 2 to the consulting services agreement with Kimley Horn and Associates, Inc. for project management, and design services in the amount of $65,525.

Staff Recommendation: Approval (Chris McKinney, Interim Development Services Director/ Deputy City Manager and Jonathan Schauble, City Engineer)
Presenter: Michael Tully, Project Manager
ESSENTIAL SERVICE – Yes, Parks Facilities/Open Spaces
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS
The cost associated with the amendment to this consulting agreement will be paid from the Capital Improvement Program project accounts as well as a Prop 68 Grant from the California Department of Parks and Recreation and will have no impact on the General Fund. The amendment to the consulting services agreement with Kimley Horn and Associates, Inc. for additional environmental work, project management and design services will be in the amount of $65,525.

PREVIOUS ACTION
On November 18, 2020, the City Council authorized the Mayor and approved application(s) for Prop 68 Grant funds allocations of $271,303 to complete and submit all documents necessary for the completion of the grant scope(s) as well as approve naming of proposed bike park, the John Masson Memorial Bike Park (“Project”) in honor of late Councilmember John Masson.

On December 7, 2022, The Project was included as part of the Fiscal Year 2021/22 Financial Status Report and American Rescue Plan (“ARPA”) Update. The Project is to be placed inside Jesmond Dene Park with 118
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Prop 68 Grant funds, however, since the community surrounding the park does not qualify as a severely disadvantaged community, a match in the amount of $70,000 was required and was approved by Council.

On June 14, 2023 the City Council received an update on the ARPA funds which the Project was a part of and approved the overall Budget Adjustment Request.

On January 31, 2024 the City Council approved the recommended approach for expending the ARPA and Park Development funds and approve the Budget Adjustment Request which the Project was included as one of the Park Capital Projects.

On December 4, 2024 City Council was requested to receive and file the Annual Financial Report on Development Impact Fees which the Project was a part of, and City Council approved the Annual Report of Capital Funds Funded by Development Impact Fee Per Government Code Section 66006.

BACKGROUND
The initial stages of the Project began on November 18, 2020 with the approval for use of Prop 68 Grant in the amount of $271,303 and to be named “John Masson Memorial Bike Park” located at Jesmond Dene Park. Initially, the Project was considered C alifornia Environmental Quality Act ( “CEQA”) exempt. The public engagement portion of this Project was started in April 2023, where the public weighed in on the design. Two public meetings were held, one on April 22, 2023 and the second on August 12, 2023. A third meeting was scheduled in Summer of 2024 out at the site where the conceptual design for the bike park was presented to the community.

In the summer of 2023, a biologist reviewed the site and identified the possible existence of a gnatcatcher habitat. As a result, nesting bird surveys were completed between mid -March to the end of June 2024.

There was no presence of gnatcatcher discovered during the survey from Helix Environmental, Inc.

However, it was also determined that other studies would be necessary. Additional biological studies, cultural resource monitoring, and a CEQA Initial Study – Mitigated Negative Declaration will be needed to comply with CEQA regulations.

City staff anticipates receiving the final design plan set along with the draft Initial Study for Mitigated Negative Declaration for public review in Summer of 2025. Staff anticipates advertising for construction bids in Fall of 2025.

Staff recommends approval of Resolution No. 202 5-46 authorizing Amendment No. 2 to the consulting agreement that will fund additional environmental work, project management and design services to complete the CEQA Mitigated Negative Declaration, cultural resource monitoring, and further biological studies for the John Masson Bike Park Project.

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RESOLUTIONS
a) Resolution No. 2025-46
b) Resolution No. 2025-46 – Exhibit “A” - Amendment No. 2

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RESOLUTION NO. 2025-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, A UTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, AMENDMENT
NO. 2 TO THE CONSULTING AGREEMENT WITH KIMLEY
HORN AND ASSOCIATES, INC. FOR THE JOHN MASSON

MEMORIAL BIKE PARK PROJECT

WHEREAS, the City Council has allocated funding in the adopted Capital Improvement Program (“CIP”) budget for the John Masson Memorial Bike Park Project (“Project”); and WHEREAS, additional environmental work, project management , and design services are necessary to complete the Project to comply with the California Environmental Quality Act; and WHEREAS, it is in the City’s best interest to execute Amendment No. 2 to th e consulting agreement with Kimley Horn and Associates, Inc . for the additional environmental work, project management, and design services in the amount of $65,525.

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 is authorized to execute, on behalf of the City, Amendment No. 2 to the consulting agreement with Kimley Horn and Associates, Inc. , which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.

3. That the City Manager retains the authority to approve contract amendments up to the amount provided for in the Municipal Code.
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CITY OF ESCONDIDO

SECOND AMENDMENT TO CONSULTING AGREEMENT
This Second Amendment to Consulting Agreement (“Second Amendment”) 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: Michael Tully
760-839-4087
("CITY")

And: Kimley-Horn and Associates Inc.
a North Carolina Corporation
401 B. Street, Suite 600
San Diego, CA, 92101
Attn: Megan Ulery
619-744-0177
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties entered into that certain Consulting Agreement dated February 6, 2023, which was subsequently amended by A First Amendment dated June 19, 2024 (collectively referred to herein as “Agreement”), wherein City retained CONSULTANT to provide services for the design of a three -acre bike park in Jesmond Dene Park, as more specifically described in the Agreement: and
WHEREAS, the Parties desire to amend the Agreement to include additional services as described in “Attachment A” to this Second Amendment, which is attached hereto and incorporated herein by this reference.

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. The CONSULTANT shall furnish all of the Services described in “Attachment A” to this Second Amendment.

2. The CITY will compensate CONSULTANT in an additional amount not to exceed the sum Resolution No. 2025-46
Exhibit “A”