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HomeMy WebLinkAbout22-Development Services e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution of the City of San Bernardino authorizing the executitj)n of an Agreement for Services with Mead & Hunt and a Reimbursement Agreement with the San Bernardino International Airport Authority related to the preparation of an Airport Land Use Compatibility Plan. Dept: Development Services Date: June 11,2007 MlCC Meeting Date: June 18,2007 Synopsis of Previous Council Action: 1995 - The Mayor and Common Council adopted Resolution No. 95-128, determining that proper land use planning may be accomplished in the vicinity of the San Bernardino International Airport. Recommended Motion: Adopt Resolution }dt~ t. ~Ut. Signature Contact person: V~lpnp r Rnl;:.1;:. phnnp' ~1~7 Supporting data attached: Staff Report & Reso Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Ace!. No.) ( A {'('t np<;:rnptinn) Finance: Council Notes: Agenda Item No. ALDCP Page 2 of3 MCC 06.18.07 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution of the City of San Bernardino authorizing the execution of an Agreement for Services with Mead & Hunt, Inc. and a Reimbursement Agreement with the San Bernardino International Airport Authority related to the preparation of an Airport Land Use Compatibility Plan for the San Bernardino International Airport. (Exhibit I) Background: In 1995, the Mayor and Common Council adopted Resolution No. 95-128, determining that proper land use planning could be accomplished in the vicinity of the San Bernardino International Airport. Exhibit 2 is a staff report to the San Bernardino International Airport Authority (SBlAA). Please refer to it for additional background information. In February 2007, the SBlAA released a Request for Proposals to obtain the services ofa consulting firm to prepare an Airport Land Use Compatibility Plan (ALUCP) for the San Bernardino International Airport, as outlined in the California Public Utilities Code, Sections 21670-21679.5. The RFP was sent to numerous aviation planning and consulting firms in the U.S., based on statements of interest on file with the SBlAA. In addition, notice of the availability ofthe RFP was advertised in the San Bernardino County Sun, Inland Valley Daily Bulletin, Press Enterprise, and The Black Voice. Only one response was received from Mead & Hunt, Inc. However, Mead & Hunt, Inc. is highly qualified in this area; the firm was involved in the preparation of the State of California, Department of Transportation, Division of Aeronautics, California Land Use Planning Handbook. In addition, Mead & Hunt, Inc. has prepared numerous ALUCP's throughout the United States. SBlAA and City staff determined that Mead & Hunt, Inc. was uniquely qualified to prepare the ALUCP for the San Bernardino International Airport, and the SBlAA decided to retain the firm. During continued discussions with City staff, it was determined that the City should take the lead on the preparation of this plan. Financial Impact: None. The San Bernardino International Airport Authority will reimburse the City for the costs of Mead & Hunt, Inc. Recommendation: Adopt Resolution f~ YL~~ (p 1/ ri&r e e e Exhibits: 1. 2. 3. ALecp Page3 of 3 MCC 06.18.07 Location Map San Bernardino International Airport Authority Staff Report dated June 13,2007 Resolution Attachments: A. B. Agreement for Services with Mead & Hunt, Inc. Attachment A-I Request for Proposals Attachment A-2 Scope of Services A-2a Mead & Hunt, Inc. Billing Rate Schedule A-2b Harris Miller Miller & Hanson Billing Rate Schedule A-2c Dudek Billing Rate Schedule A-2d Environmental Science Associates & Subsidiaries Billing Rate Schedule Reimbursement Agreement Attachment I Agreement for Services with Mead & Hunt, Inc. (not included a second time) e e e EXHIBIT 2 TO: San Bernardino International Airport Authority Commission FROM: Michael Burrows, Assistant Director DATE: June 13,2007 SUBJECT: APPROVE A REIMBURSEMENT AGREEMENT BETWEEN THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO; AND REQUEST THAT THE CITY OF SAN BERNARDINO APPROVE AN AGREEMENT WITH MEAD & HUNT FOR PREAPRATION OF AN AIRPORT LAND USE COMPATIBILITY PLAN RECOMMENDED ACTION: Approve a Reimbursement Agreement between the San Bernardino International Airport Authority (SBIAA) and the City of San Bernardino; and Request that the City of San Bernardino Approve an Agreement with Mead & Hunt for the Preparation of an Airport Land Use Compatibility Plan; and Authorize the Interim Executive Director to Execute all Related Documents. FINANCIAL IMPACT: The proposed Agreement between the City of San Bernardino and Mead & Hunt provides compensation on a time and materials basis in an amount not to exceed S200,000. Funding will be provided using SBIAA General Fund Reserves. BACKGROUND AND COMMENTS: The State law governing creation of airport land use commissions ("ALUCs") applies to every county in California having an airport "operated for the benefit of the general public (Public Utilities Code ("PUC") Section 21670(b)). The statutes also include several alternatives and exceptions. The most significant among the exceptions to the requirements for establishment of an ALUC is one which was added to the law in 1994 and which became effective January I, 1995. This PUC Section 2l670.1(c) provides for what is generally referred to as an "alternative process" for a county to conduct airport land use compatibility planning. It eliminates the need for formation of an ALUC but does not eliminate the need for preparation of compatibility plans. I Implementation of the alternative process requires completion of several actions explicitly defined by the law: . I (I) Determination of Intent - the county board of supervisors and each affected city must 'I individually determinate that proper airport land use compatibility planning in the county can be accomplished without formation of an ALUC. (2) Adoption of Planning Processes - the county and each affected city must adopt processes which provide for: J:dataisbiaaiAgendai2007i061 J07/City of S8 _rv.doc ITEM NO. 9c tit tit tit (a) Preparation, adoption and amendment 'of a compatibility plan for each public-use airport in the county and designation of an agency responsible for these actions; (b) Public and agency notification regarding compatibility plan preparation, adoption or amendment; (c) Mediation of disputes regarding preparation, adoption or amendment of compatibility plans; and (d)' Amendment of general plans and specific plans to be consistent with the compatibility plans. These actions must be completed to the satisfaction of the California Department of Transportation ("Caltrans"), Division of Aeronautics. (3) Division of Aeronautics Approval- The Caltrans, Division of Aeronautics, is required to approve a proposed alternative process if it determines that the above elements are structured in a manner which will result in the preparation, adoption and implementation of compatibility plans within a reasonable amount of time, rely upon the compatibility guidelines set forth in the Caltrans Handbook and any applicable federal regulations, and provide adequate opportunities for public and agency input into the process. In 1995, the County of San Bernardino decided to adopt the alternative process for ensuring airport land use compatibility throughout the County consistent with the provisions in PUC Section 21670.I(c) regarding ALUCs and the alternative process. During 1995, the County in addition to the cities of Colton, Lorna Linda, Highland and San Bernardino adopted substantially similar resolutions and forwarded the adopted resolutions to the Caltrans, Division of Aeronautics, for final approval of the locally adopted alternative process. The City of San Bernardino Resolution was different from the other City resolutions in that the San Bernardino International Airport was located within the municipal boundaries of the City of San Bernardino. The City of San Bernardino recognized in Resolution No. 95-128, dated May I, 1995, that certain planning efforts had already occurred in conjunction with the San Bernardino International Airport Authority ("SBlAA") and the efforts of SBIAA to initiate civilian reuse of the former Norton Air Force Base aviation facilities. This Resolution, as attached to this Staff Report, further recognized the existence of the Interim Airport Operating Plan of SBIAA (Section 1(1) of the Resolution). In Section 2(g) of this same Resolution, the City of San Bernardino stated that the City of San Bernardino "shall be responsible for comprehensive airport land use planning efforts in cooperation with adjacent impacted jurisdictions, and the SBIAA and IVDA." The County resolution and the other City resolutions contain provisions committing the County and the adjacent Cities to amend general and specific plans, where necessary, to be consistent with the adopted Airport Land Use Compatibility Plan ("ALUCP"). These same County/City resolutions also delegated to the City of San Bernardino the authority to adopt the ALUCP in the language which reads as follows: "the agency responsible for the preparation, adoption and amendment of the Comprehensive Airport Land Use Plan shall be the local jurisdiction that contains an airport within its boundaries in cooperation with this city," In January 1995, the City I of San Bernardino adopted an Airport land use designation for both the City of San Bernardino General Plan and for land use zoning, purposes to encompass the entire area of the San J:dataisbiaa./Agendai2007/061307/Cit)' of S8 _rv.doc ITEM NO. 9c e e e Bernardino International Airport. Prior to that time the entire Norton Air Force Base was designated as "Public Facility" or "PF" in the General Plan. In March 1996, the City of San Bernardino, at the request of the IVDA, adopted the Specific Plan for the non-aviation areas on the former Norton Air Force Base together with the Traffic Impact Analysis and the required Environmental Impact Report. This same Specific Plan, together with several amendments as adopted since 1999, have provided the framework for the current Hillwood and Stater Bros. Markets projects that have been developed or are in the development stages on the former Norton Air Force Base. CURRENT AIRPORT LAND USE PLANNING EFFORTS: In February, 2007, SBIAA issued a Request for Qualifications ("RFQ") to solicit planning services for preparation of an ALUCP that would be applicable to impacted communities within the Airport Influence Area surrounding the San Bernardino International Airport. Only one response to the RFP was received by the established submittal date of March 23, 2007. The proposal from Mead & Hunt was received and evaluated by SBIAA and City of San Bernardino staff, and as Mead & Hunt was involved in the preparation of the analyses associated with the preparation of the State of California, Department of Transportation, Division of Aeronautics, California Land Use Planning Handbook as well as numerous ALUCPs throughout the United States, it was the recommendation of each staff that this firm was uniquely qualified to undertake the preparation of the ALUCP subject to an acceptable agreement being submitted to the City of San Bernardino with Mead & Hunt for formal approval. Funding would be provided by SBIAA for this effort. It is currently estimated that based upon the Scope of Services, the entire ALUCP process should be completed by the consultant for approximately $200,000. It is proposed that SBlAA and the City of San Bernardino would enter into a Reimbursement , Agreement whereby SBIAA would payor reimburse to the City of San Bernardino all third party consultant costs associated with the preparation of the ALUCP as will be undertaken by Mead & Hunt. The City of San Bernardino, Development Services Department, will have the sole control as to the scope of the undertaking by Mead & Hunt and the evaluation of the materials presented and the acceptance of the final work product. SBIAA will be consulted in its role as the Airport proprietor and sponsor in a similar manner as will each of the neighboring communities. Additionally, a working group will be established to include SBIAA staff and the planning directors from each of the adjacent Cities and the County of San Bernardino. A copy of the proposed Reimbursement Agreement is on file with the Clerk of the Board. The final ALUCP and any necessary environmental documents required will be initially submitted to the San Bernardino Planning Commission and then to the Mayor and Common Council of the City of San Bernardino for review and approval in early 2008, and the ALUCP will thereafter be submitted to each adjacent City and the County for their incorporation of the relevant portions of the ALUCP into their respective general plans, if any, as previously committed in their 1995 adopted resolutions and as required by PUC Section 21670.I(c). J:data/sbiaa/ Agcnda/2007/061J07/Ciry of S8 _ rv.doc ITEM NO. 9c e e e PUC Section 21675 provides the requirements for the preparation and adoption of an ALUCP. State law requires a local agency to either modify its general plan and applicable specific plans or to take the steps necessary to overrule the compatibility plan policies within 180 days after the date that the compatibility plan is adopted (Government Code Section 65302.3). As a practical matter, this time limit may be difficult to accomplish; therefore, a process and a time period will be established for acceptance of the ALUCP by the neighboring jurisdictions after adoption of the ALUCP by the City of San Bernardino. If a City or the County decides not to accept the ALCUP for their community as approved by the City of San Bernardino and either the County or a City overrules the ALUCP by two-thirds vote of their legislative body, then under PUC Section 21675.1(1) and Section 21678, SBIAA would not be liable for property damage or personal injury resulting from either the County's or that particular City's decision to proceed with the approval of the development project in a manner contrary to the approved ALUCP. The provisions of PUC Section 21675.1 provide the process for the approval of developmen,t projects consistent with the ALUCP by other impacted jurisdiction and the ramifications to such jurisdictions if they elect not to approve development projects in conformity with the adopted ALUCP or to approve land use and zoning designations in a manner contrary to the ALUCP. Staff recommends that the Commission approve the above recommended action. J:dataisbiaaiAgenda/2007i061307iCity of 5B _rv.doc ITEM NO. 9c t::7.LJlu ~ --n r ~~ I)., fW/^ E ~ ( l(if~ 3:~:<?i ~ ,-:i~ ~ A ~ ler'" =r l["lj" ~I~~ (;, Q M ~ I- 1= t: ~ fIT1 'T'" 1 I ;., l r ~I~"':- 11 J- ~ ec" :. I ~u, ( - - - I \ '" -f--;- - ,- - = I I T-- - .i< II J. lINl II II , f-- I \ I- 1111, H II f-- 1-1 L EXHIBIT 1: LOCATION MAP 11- ~ ~ liE rr illL~ ;IE:.'" ' ~ ---L =r ~ ,I..' ./' J! :~ ~ '" u )(' ~ ~~ ~ , 1* >S ~ - / -Tl r. . - I- t:'-'_II 11 ,- - - - ~..i n- -H e-- ~s: t.~~ ~ ~~ rll lL .<N' 1- :::::J lJ~ !I j ~ Q M Gl ~-&u ~ o~'~~ Gl\:Gl ~~ii: ~.... ~, '-'~ ~ ~ ~c:: , - IT Od; .~ - I If-- . ( .. r . . \ . I . . II . . " .......f.... Q MJ/ - L--/ ~ ~ '" - 'f' F,.. I' ~ ., I"" I -b: '" '~~e;: ~ r~ -' \ -Hi " E - to :J l!! c Z. <( 0 (3 8 '" 0 ij >. <(_5 ,gO CO~i ll) .s~ ~5~Z~ ci -C}:I! ~0i~~ c :.( .5 en 8 :f 9 ~ 8J rk j De 5 Df][][]O ~ Isle -- --r.1'~ \ 1 n "io.Y"-"" i'o.J ) rTl """" .. -. .. .. . ill RESOLUTION NO. 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT FOR SERVICES WITH MEAD & HUNT, INC. FOR THE 3 PREPARATION OF AN AIRPORT LAND USE COMPATIBILITY PLAN AND APPROVING A REIMBURSEMENT AGREEMENT WITH THE SAN 4 BERNARDINO INTERNATIONAL AIRPORT AUTHORITY. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 10 SECTION 1. RECITALS (a) WHEREAS, the City of San Bernardino is a member of the San 11 Bernardino International Airport Authority ("SBIAA") together with the additional 12 SBIAA members comprised of the County of San Bernardino, the City of Colton, the 13 14 15 City of Highland and the City of Lorna Linda (collectively sometimes referred to as the "member jurisdictions" or the "adjacent impacted jurisdictions"); and 16 (b) WHEREAS, in 1995 the County of San Bernardino disbanded the former 17 County Airport Land Use Commission with the approval of the Caltrans, Division of 18 eronautics, and each of the member jurisdictions of SBIAA adopted certain resolutions 19 hereby consent was granted to the alternative process as provided in the California 20 ublic Utilities Code Section 21670, et seq., for the preparation of an Airport Land Use ompatibility Plan ("ALUCP") by the City of San Bernardino for the San Bernardino ase within the municipal boundaries of the City of San Bernardino; and 25 (c) WHEREAS, the City of San Bernardino adopted Resolution No. 95-128 26 n May 3, 1995, whereby the City of San Bernardino agreed to prepare an ALUCP for 27 e San Bernardino International Airport, and each of the adjacent impacted jurisdictions 28 ursuant to separately adopted resolutions consented to such ALUCP being prepared by 1 ~(). :J:J b/;ri //JJ7 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN 1 AGREEMENT FOR SERVICES WITH MEAD & HUNT, INC. FOR THE 2 PREPARATION OF AN AIRPORT LAND USE COMPATIBILITY PLAN AND APPROVING A REIMBURSEMENT AGREEMENT WITH THE SAN 3 BERNARDINO INTERNATIONAL AIRPORT AUTHORITY. 4 the City of San Bernardino in consultation with each such adjacent impacted jurisdiction; 5 6 and (d) WHEREAS, SBIAA previously initiated a Request For Qualifications 7 8 ("RFQ") process to obtain a qualified professional consulting firm to be retained by the 9 10 11 City of San Bernardino for the preparation of the ALUCP, and after the issuance of the RFQ, only one such qualified firm submitted a proposal to SBIAA in response to the RFQ; and 12 13 (e) WHEREAS, it is reasonable and desirable that the City of San Bernardino 14 accept the professional services solicitation process as was undertaken by SBIAA to 15 obtain the consulting firm of Mead & Hunt, Inc. (the "Consultant") to prepare the 16 17 18 19 ALUCP under the proposed contract with the City of San Bernardino and under the direct supervision of the staff of the Development Services Department pursuant to the Agreement for Services attached hereto and incorporated herein as Attachment A; and 20 (f) WHEREAS, SBIAA has proposed to pay directly for the benefit of the 21 City of San Bernardino, or to reimburse the City of San Bernardino, for all costs incurred 22 by the Consultant and payable to the Consultant by the City of San Bernardino for the 23 reparation of the ALUCP, and SBIAA has agreed to enter into the Reimbursement 24 greement in the form as attached hereto and incorporated herein as Attachment B to 25 eimburse the City of San Bernardino for all such costs associated with the Agreement for 26 Services; and 27 28 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN 1 AGREEMENT FOR SERVICES WITH MEAD & HUNT, INC. FOR THE 2 PREPARATION OF AN AIRPORT LAND USE COMPATIBILITY PLAN AND APPROVING A REIMBURSEMENT AGREEMENT WITH THE SAN 3 BERNARDINO INTERNATIONAL AIRPORT AUTHORITY. 4 5 6 (g) WHEREAS, it is in the best interests ofthe City of San Bernardino to approve this Resolution by the Mayor and Common Council and to commence the process 7 through the Development Services Department for the preparation of the ALOCP with 8 9 10 11 the funding to be provided by SBIAA. SECTION 2. FINDINGS NOW, THEREFORE, BE IT HEREBY RESOLVED, FOUND, AND DETERMINED THAT THE MAYOR AND COMMON COUNCIL HEREBY 12 13 CERTIFY THAT: 14 (a) The Mayor and Common Council hereby accept the Request for 15 Qualifications process for professional services as was previously undertaken by SBIAA 16 for the benefit of the City of San Bernardino. 17 18 19 (b) The Mayor and Common Council hereby approve the Agreement for Services with Mead & Hunt, Inc. as attached hereto as Attachment A and in a total 20 amount for professional services not to exceed $200,000.00, and hereby approve the 21 Reimbursement Agreement as attached hereto as Attachment B. 22 23 24 25 (c) The City Manager is hereby authorized and directed to execute the Agreement for Services and the Reimbursement Agreement on behalf of and in the name of the City of San Bernardino. (d) This Resolution shall take effect from and after the date of its adoption in 26 27 28 e manner as provided in the Municipal Code of the City of San Bernardino. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN 1 AGREEMENT FOR SERVICES WITH MEAD & HUNT, INC. FOR THE 2 PREPARATION OF AN AIRPORT LAND USE COMPATIBILITY PLAN AND APPROVING A REIMBURSEMENT AGREEMENT WITH THE SAN 3 BERNARDINO INTERNATIONAL AIRPORT AUTHORITY. 4 5 (e) Said Agreements shall be in effect through June 30, 2008, unless earlier 6 terminated as provided in the Agreements or as otherwise agreed to in writing by the 7 parties. An administrative extension of one additional year may be authorized, subject to 8 9 10 11 agreement of both parties. (f) The authorization to execute the above-referenced Agreements is rescinded, if the parties do not sign them within sixty (60) days of the passage of this 12 resolution. 13 III 14 III 15 III 16 17 18 19 20 21 22 23 24 25 26 27 28 4 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN 1 AGREEMENT FOR SERVICES WITH MEAD & HUNT, INC. FOR THE 2 PREPARATION OF AN AIRPORT LAND USE COMPATIBILITY PLAN AND APPROVING A REIMBURSEMENT AGREEMENT WITH THE SAN 3 BERNARDINO INTERNATIONAL AIRPORT AUTHORITY. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a meeting 7 thereof, held on the_day of ,2007, by the following vote, to wit: 8 Council Members: 9 10 11 12 13 AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY 14 15 JOHNSON 16 17 18 19 MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2007. 20 21 22 23 24 25 AMES F. PENMAN, ity Attorney 26 Patrick J. Morris, Mayor City of San Bernardino 27 28 .~ 5 ATTACHMENT A AGREEMENT FOR SERVICES FOR THE PREPARATION OF AN AIRPORT LAND USE COMPATIBILITY PLAN FOR THE SAN BERNARDINO INTERNATIONAL AIRPORT. THIS AGREEMENT is made and entered into this day of 2007 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and MEAD & HUNT ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant provide Services for the preparation of an Airport Land Use Compatibility Plan for the San Bernardino International Airport pursuant to Section 21670, et seq. of the California Public Utilities Code; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Public Utilities Code, Section 21670, et seq.; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide to the City an Airport Land Use Compatibility Plan for the San Bernardino International Airport in accordance with the Request for Qualifications dated February 23, 2007 and Consultant's proposal dated June 11,2007, attached hereto and incorporated herein as Attachments "A-I" and "A-2," both of which are hereafter collectively referred to as "Scope of Services." 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Agreement for Services Mead & IJunt AitVort Land Use Compatibility Phm 1 1.3. Warrantv. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify, defend and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1. 7. Business License. The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Lovaltv/Conflict of Interest: The Consultant understands and agrees that as the City's consultant, Consultant shall maintain a fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be compensated for such services for the not-to-exceed amount of $200,000 as indicated in Fee Proposal dated June 11,2007, attached hereto and incorporated herein as Attachment "A-2". Agr\\'uWl1t fer Sl'fVii:<:::; :,,'h>;-Id & lIullt l\iJ'port L...::md Us\_~ C:\}mp,lLihiUly ]>la1': 2 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the Scope of Services specified in this Agreement unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to the Director of Development Services or her designee for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Consultant's services, which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-fiv~ (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, staff person( s) that completed the services, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all mVOlces. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be completed as specified in Consultant's Scope of Services unless otherwise approved by the City Planner. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination ofthis Agreement. 3.2. Excusable Delavs. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue until satisfactory completion of all work contemplated herein. All work shall be completed within the time frame and in accordance with schedule submitted by Consultant, and included in the Scope of Services. 4.2. Notice of Termination. The City reserves and has the right and privilege of Agrt)(,llw.nt for Serno::s -(\1('.~d & Fi'unt Airport Land Uf>t~ Compatihility Phn 3 canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant, as well as any subcontractors to consultant, shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limit, per occurrence and Two Million Dollars ($2,000,000) aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Hundred Thousand Dollars ($100,000), combined single limit, per occurrence. (c) Workers' compensation msurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00) combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. ;\~~r,'\'mcnt for SCl"V;C<", Me;-hl & Hunt Airport 1.<1l1d U~t~ C:nmp.-ltiblilv Pld\ 4 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and the San Bernardino International Airport Authority (SBIAA) and their elected and appointed boards, directors, officers, agents, consultants, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino or the SBIAA shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant, as well as any subcontrators to Consultant, shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Reoresentatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. AgH'i'l1Wnt for S(~rvi(:\~s \,t~';'\d & I-lull\ Airport L,,'lUd L~~~ Comp<1Lihilitv Pl"n 5 6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: David Dietz Mead & Hunt, Inc. 133 Aviation Boulevard, Suite 100 Santa Rosa, CA 95403 Tel: 707.526.5010 Fax: 707.526.9721 Valerie C. Ross Director of Development Services 300 North "D" Street San Bernardino, CA 92418 Tel: 909.384.5357 Fax: 909.384.5080 6.5. Attornevs' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.7 Assigmnent. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other AGH~cmcllt for 5"1:\K(;:-; ,\h\H\ &-IT!!lLt /\irporl.l;ll1d Use C()mp,-ltihiLily Pj,m 6 obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and SBIAA and their elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorneys' fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Indeoendent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings, reports, plans, maps, files, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Upon termination of this Agreement, Consultant shall deliver to City within ten (10) working days of delivery of termination notice to Consultant, any findings, reports, plans, maps, files, documents, information, data, in any form, including but not limited to, computer tapes, discs, files, audio tapes and any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, plans, maps, files, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade A!~f()(:ml~nt f01' ScrviC(~s fvle;ld & 1.{Ulll Adrport: Land U~e Cnm)ldtibililv P}cUl 7 secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.12. Resoonsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary reports, plans, maps, files, documents, data, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Emoloyment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in . AgrtYll1ent for Sc{vicG; rv1e:ul & I-runt Airp(JrlL~)nd U~e COnl11;lLibiUlvPI,ln 8 no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.22. Countemarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Comorate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. III III A1;r('('nh~.t1t for 5l:~rv.iccs "!"h\-lc1&'I.:rullt /'drpnrt L;md U.'>I~ C:Un11MtihHjh' Pl,H\ 9 -.------ AGREEMENT FOR SERVICES FOR THE PREPARATION OF AN AIRPORT LAND USE COMPATIBILITY PLAN FOR THE SAN BERNARDINO INTERNATIONAL AIRPORT. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation, MEAD & HUNT, Consultant By Signature Patrick J. Morris, Mayor Name and Title Approved as to form: James F. Penman, City Attorney Agn'ellwnt for Service::; t\'lt!~Hl & Hunt Airpcirt t;lnd use Cnmp;lUhilil.y Flclll 10 ATTACHMENT A-I REQUEST FOR QUALIFICATIONS (RFQ) FOR AN AIRPORT LAND USE COMPATIBLITY PLAN February 23, 2007 The San Bernardino International Airport Authority (SBIAA) is issuing a Request for Qualifications (RFQ) from qualified airport consulting firms wishing to be considered to prepare an Airport Land Use Compatibility Plan (ALUCP). Provided herewith is the scope of work describing the specific elements to be addressed in the ALUCP. Responses to this RFQ (Proposals) are due at the SBIAA's administrative office no later than 10:00 a.m. local time on Friday, March 23, 2007. All Proposals will be time-stamped upon receipt, and any Proposals received after the time specified above will be returned unopened. Please submit ten (10) copies of the Proposal addressed to the attention of Ms. Kelly Berry, Clerk of the Board. In bold lettering, mark the envelope with the following words: "RFQ FOR AIRPORT LAND USE COMPATIBLlTY PLAN." Proposals shall be brief and concise, containing no more than twenty (20) single sided pages of material. Please note that the Transmittal Letter. Table of Contents. completed Company Information Sheets. completed Subcontractor Information Sheets. and Resumes will not be considered part of the twenty (20) pages. In order to control the dissemination of information regarding this RFQ, organizations interested in submitting Proposals shall not make personal contact with any member of the SBIAA Commission or other SBIAA staff members. All questions should be directed via e-mail to the individual listed below: Mr. Alex Estrada Director of Redevelopment and Property Management San Bernardino International Airport Authority 294 S. Leland Norton Way, Suite #1 San Bernardino, CA 92408-0131 (909) 382-4100 Fax: (909) 382-4106 Email: aestrada@sbdairport.com Proposals shall be signed by an authorized individual or officer of the firm submitting the Proposal. Proposals may be withdrawn by the submitting firm at any time prior to the closing date and time for receipt of Proposals. A cost proposal is also being requested at this time. The cost proposal shall detail all anticipated hourly work efforts. work products. and work schedules. The SBIAA reserves the right to accept or reject any or all Proposals and/or re-solicit or cancel the procurement process, if deemed to be in the best interest of the SBIAA. Additionally, the Page 1 of 15 1:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qualifications RFQ]INAL _ kkb mb rvl.doc -T--- SBIAA reserves the right to waive any informality in the RFQ. Submitters shall be responsible for any and all expenses incurred in preparing said Proposals. A committee designated by the SBIAA will evaluate the Proposals. Members of respective planning staffs or affected jurisdictions will be encouraged to participate in the selection committee. Such committee may short-list consultants after the initial evaluation and/or request additional information through interviews, presentations or correspondence. The three (3) to five (5) most qualified consulting firms may be invited to an interview. The selected consulting firm will enter into negotiations with the SBIAA to determine project/contract cost. The selected firm will enter into an agreement with the SBIAA using a standard SBIAA consultant form contract. GENERAL INFORMATION All Proposals shall include the information listed below. It is requested that all Proposals be organized in the following format: 1) Transmittal Letter: A transmittal letter indicating the consultant's interest in the project and, if applicable, sub-consultants/subcontractors that will be assigned elements of the proj ect. 2) Title Sheet: A title sheet containing: (i) the project name; (ii) the name and address of the firm(s) that will conduct the work; and (iii) the name, title, mailing address, e-mail address, telephone and facsimile numbers of the firm/team representatives authorized to contractually bind the consultant. Include a completed Company Information Sheet in providing a list of all company principals and a completed Subcontractor Information Sheet for each sub-consultants/subcontractors, providing a list of all sub- consultants/subcontractors and principals. Company Information Sheet and Subcontractor Information sheets are provided herewith. 3) Table of Contents 4) Statement of Project Understanding and Approach: A statement of project understanding and approach shall be provided communicating the consultant's understanding of the characteristics of the project and a general description of how the project will be organized, not to exceed one (1) page in length. 5) Background, qualifications and experience of the firm(s) as a whole with airport master planning or similar type projects, If available, include GSA Form 254 updated to current status, limited to the last five years. 6) Capabilities and relevant experience of those key personnel to be assigned to the project: Abbreviated resumes of staff members and/or other consultants or associates that will provide services required on this project. The resumes should include specific areas of responsibility, duration with the firm, and other related information that will be used to evaluate their qualifications. Page 2 of 15 I:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qualifications RFQ]INAL_kkb mb rvl.doc 7) Availability and commitment of qualified staff to handle the project: Provide an organization chart depicting the project staff personnel and their responsibilities, including sub-consultants, if any. Include/provide a list of all similar projects (Airport Land Use Compatibility Plans) that the firm is currently involved in or have performed within the past ten (10) years, to include the start date, percentage completion, and anticipated completion date. 8) Client references: Include principal's contact names, titles, addresses and phone numbers (e-mail address) of at least three former clients for whom the consulting firm has prepared Airport Land Use Compatibility Plans, limited to the last ten (10) years. Describe all joint venture partners and consultants used and the names and current telephone numbers of the project manager and key personnel. Provide the names and telephone numbers of the airport personnel that were responsible for administering said ALUCP projects. The consulting firm may not have a record of unsatisfactory performance. Consultants who are or have been seriously deficient in current or recent performance shall be presumed to be unable to meet this requirement. 9) Other supporting data: Describe consulting firm's ability to maintain adequate files, records and meet statistical reporting requirements. Describe consulting firm's administrative and physical capacity to provide and manage the proposed services and to assure an adequate audit trail. Provide, as a sample to be returned upon completion of the selection process, a copy of the consulting firm's most recently completed airport master plan. 10) Project Schedule: Must include the number of anticipated meetings and total number of months to complete the project as well as milestone points at which deliverables (working papers/phase reports, final documents, etc.) will be completed. The SBIAA anticipates the selection of a preferred consultant and contract negotiations to be completed by April 20, 2007. The SBlAA anticipates sending out the Notice to Proceed (NTP) shortly thereafter and will make no reimbursement for any costs prior to a formal written NTP. Page 3 of 15 I:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qualifications RFQ]INAL_kkb mb rvl.doc San Bernardino International Airport Authority SCOPE OF WORK February 23, 2007 The San Bernardino International Airport Authority (SBIAA) requests Proposals from qualified consultants to prepare an Airport Land Use Compatibility Plan (ALUCP) for the San Bernardino International Airport (SBD) in San Bernardino County. The SBIAA is the owner and operator of the SBD which operates as an FAA Part 139 airport under the purview of member jurisdictions consisting of the County of San Bernardino, the City of San Bernardino, the City of Colton, the City of Lorna Linda, and the City of Highland. The preparation of the proposed ALUCP shall have two primary functions: First is the protection of public health, safety, and welfare through the adoption of land-use standards that minimize the public's exposure to safety hazards and excessive noise from nearby airports. Second is to prevent the intrusion of incompatible land uses around airports to preserve the utility of these airports in the future. To carry out these functions, the proposed process (formally known as Airport Comprehensive Land Use Plans or ACLUP's) for the public use airports in the region, serves to establish planning boundaries around airports for safe building heights, noise levels, and other safety and operational aspects. Land use compatibility standards also are recommended and adopted, establishing the compatibility of individual land uses within each planning boundary. The proposed ALUCP is intended to coordinate and complement local city and county governments to assure compatibility between local plans and the Airport Land Use Compatibility Plan for airport areas. I. BACKGROUND The Inland Valley Development Agency (IVDA) and the San Bernardino International Airport Authority (SBIAA) previously adopted a Re-Use Plan for the former Norton Air Force Base, which now comprises a substantial portion of the San Bernardino International Airport (SBD), which establishes long-range development plans. SBD represents a portion of the former Norton Air Force Base which has been in the process of being converted to civilian use. The airport is operated by the San Bernardino International Airport Authority. The airport has one active runway, 10,001 feet long and 200 feet wide, made of concrete. Aircraft operations based at SBD include both fixed wing and helicopter operations. Navigational aids include high-intensity runway lights, Precision Approach Path Indicator (PAPI) lights, CAT-I Instrument Landing System (ILS), and an Automated Weather Observation System (A WaS). Page 4 of 15 1;\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qualifications RFQ]INAL_kkb mb rvl.doc SBD's current Airport Influence Area Map is attached as Exhibit "A." A primary purpose of this project shall be to prepare an ALUCP taking into consideration operationally and site-specific information about SBD, review existing land use planning processes and procedures among affected jurisdictions with the Airport Influence Area, and provide recommendations for additional or alternate processes. This project has three primary objectives. First, the intent of this project is to prepare a complete Airport Land Use Compatibility Plan consistent with the 2002 Aimort Land Use Plannini! Handbook issued by the California Department of Transportation, Division of Aeronautics. This report will include all maps, text, documentation, public and environmental review as necessary to allow adoption and use of the ALUCP by the SBIAA and affected jurisdictions within the Airport Influence Area. Second, in accordance with the requirements of the California Environmental Quality Act (CEQA), including state and county CEQA guidelines, the consultant will prepare an Initial Study and a draft report recommending further actions to comply with CEQA. Third, the consultant will be asked to prepare a draft staff report, delineating the proposed policies for submittal to the SBIAA Staff. The selected consultant will be provided noise contours with supporting operating assumptions for preparation of each ALUCP. The contract for the formulation of the ALUCP for the SBD will be an agreement between SBIAA and the selected consultant. II. SCOPE OF WORK/SERVICES This Section II shall set forth the scope of work for the project. The selected consultant or consulting team will be expected to perform all technical and other analyses necessary to complete the scope of work. The consultant will receive general direction from the SBIAA Project Manager. Tasks may include, but are not limited to, the following: 1. Compile Base Data and Mappin!! a. Develop the interim ALUCP Planning Area for SBD using as criteria the outer perimeter of the conical surface. Mapping shall be prepared on San Bernardino County parcel base maps, obtained from SBIAA staff, manipulated in a computer format capable of integration with existing SBIAA Geographic Information Systems (GIS). b. Verify local agency general plan, specific plan designations, and zoning ordinance districts for the area of the airport; summarize and prepare a map for the Airport Planning Area. SBIAA and the County of San Bernardino Planning Department will provide this data. c. Verify local agency data on existing land uses within the Airport Planning Area obtained from SBIAA and County of San Bernardino Planning Department. Page 5 of 15 I:\RFP\AIRPORT LAND USE PLAN - RFQ\ALUCP Request for Qualifications RFQ]INAL J,kb mb rvl.doc 1- d. Compile and map existing Airport Master Plan, Airport Layout Plan, current and projected noise contours, and any related pertinent information for the airport. e. Obtain aerial photograph of the Airport Planning Area from SBIAA. 2. Review Existinl! Conditions a. Review the 2002 Airport Land Use Planninf! Handbook published by the California Department of Transportation, Division of Aeronautics. b. Analyze planning designations, zoning categories, and existing land uses within the Airport Planning Area, and develop categorization of compatible uses or designations and areas of potential conflict with planned airport operations. c. Obtain local agency staff review and comment on information developed in the analysis of existing conditions d. Conduct one public meeting with each affected local municipality with SBIAA and County staff to discuss findings of the existing conditions and seek input from the public regarding issues related to the update ofthe ALUCP. 3. Define Structural Height Limit (Imaginary Airspace) Surfaces a. Define technical parameters relevant to ALUC review for the airport in the system, i.e., airport role, runway category, type of approach, traffic patterns. (Refer to adopted Master Plan and consultation with SBIAA staff.) b. Define approach, transitional, horizontal, and conical imaginary airspace surfaces reflecting criteria in Federal Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace for SBD. c. Examine all existing and proposed instrument approach procedures to determine whether FAR Part 77 surfaces are consistently controlling. FAR Part 77 may not always be sufficiently restrictive; precision Terminal Instrument Procedures (TERPs) may, in fact, be required to establish adequate height restrictions. If that is determined to be the case, appropriate TERPs surfaces will be prepared. d. Evaluate land use implications for imaginary surfaces for the Airport Planning Area. 4. Define Potential for Aircraft Accidents and Related Risk to Public Safety a. For the planned operations at SBD, indicate the risk of accident potential for the area around the airport, including properties on airport property which may include non-airport functions. b. Evaluate land use implications for aircraft accident potential on which to base Page 6 of 15 1:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qualifications RFQ]INAL J<kb mb rv l.doc policies. Determine what would be an acceptable level of risk to public safety. Determine the areas near the airport that may be subject to significant risk to public safety. The goal shall be to avoid an unacceptable level of risk to the public. c. Define SBD Airport Safety Zones. I. The Airport Safety Zones shall be displayed on a base map with current property lines and shown in relationship to defined boundaries on the Airport Layout Plan for the SBD. 11. In addition, include a matrix displaying inappropriate land uses for the various safety zones. 5. Define Potential Noise Implications and Impact on Existing and Proposed Land Uses a. The extent to which airport noise affects nearby land use, compatibility shall be assessed based upon the noise contours considering existing standards adopted by the SBIAA, the County of San Bernardino, the City of San Bernardino and other jurisdictions. Noise plan development will include: I. Review appropriate threshold Community Noise Equivalent Level (CNEL), e.g., 65, 60, 55 dBA, on which to base future land use decisions based upon the SBIAA Draft Airport Master Plan Update information. 11. A matrix of CNEL values versus land uses in which the level of compatibility will be indicated. 6. Define Overflil!ht Compatibility Issues a. Review overflight compatibility concerns in the 2002 Aimort Land Use Planninf! Handbook. b. In consultation with SBIAA staff, obtain information on complaints about airport operations by geographic location and land use category (residential, office, commercial). c. Based on the complaint experiences of SBD, evaluate the need for development of appropriate policies to assure airport land use compatibility for the SBD. 7. Prepare Airport Land Use Compatibility Plan a. Develop goals, objectives, and policies to help guide development around SBD, and refine on a case-by-case basis for the Airport Planning Area. The formulation of goals, objectives and policies shall be in accordance with the requirements of Page 7 of 15 1:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qualifications RFQ]INALJ<kb mb rvI.doc state ALUC enabling legislation (Section 21670, et seq., of the Public Utilities Code), and with the 2002 Airport Land Use Plannini! Handbook issued by the California Department of Transportation, Division of Aeronautics. The formulation of goals, objectives, and policies shall be rationally based on concerns about potential land use activity near the airport that could adversely affect current and planned airport operations. The goals, objectives and policies shall be in a format that facilitates ease of implementation by individual local agencies. b. The proposed ALUCP shall reference the Airport Layout Plan as contained in the current Master Plan, on which the ALUCP is based. Defined zones for Structural Height Limit and Public Safety policies shall make specific reference to defined reference lines on the Airport Layout Plan. c. Define the proposed Planning Area for SBD. The Planning Area shall include all of the area within the aggregate geographic areas where ALUCP policies are proposed. (Planning areas may be greater than the conical surface area.) d. Prepare text and maps to define recommended land use patterns and other relevant planning issues with input from the County of San Bernardino and Department of Transportation, Division of Aeronautics. e. The proposed plan shall be submitted initially in an internal staff-level draft form for the review and comment of SBIAA staff, Director of County of San Bernardino Department of Airports, and Department of Transportation, Division of Aeronautics. Following receipt of comments, the consultant shall prepare a summary of the key contents of the proposed ALUCP for public distribution and review. f. Coordinate and gain input from SBIAA staff, Director of County of San Bernardino Department of Airports, and the Department of Transportation, Division of Aeronautics throughout all phases of the project. 8. Implementation Prol!ram a. Results of Tasks 1. through 7. outlined above shall be compiled as an overall Airport Land Use Compatibility Plan that will maintain and enhance long-term compatibility between each airport and adjacent land uses. Plan elements will, at a minimum, include: 1. Jurisdictional factors, e.g., location and nature of project that affect or determine the scope of review. The organization, role and function of the County of San Bernardino shall be described, and pertinent sections of state law relating to ALUCP-oriented responsibilities. 11. Criteria, e.g., CNEL, type of use, density, and height, to be used by the SBIAA in evaluating future land use proposals. Page 8 of 15 I:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qualifications RFQ]INAL_kkb rob rvl.doc iii. Mitigation measures, e.g., insulation, easements, and their applicability to specific types ofland use proposals. b. Recommend actions that could be undertaken by local agencies, at their option, to address airport and other concerns in their own planning processes. c. Develop tools that would aid local agencies in effective integration of ALUCP policies into regular zoning/subdivision administration practice. Adoption of these administrative tools could be undertaken at the agency's option to better incorporate airport and ALUCP concerns in their own planning processes. These tools shall be included as appendices to the ALUCP. The consultant shall develop, at a minimum, the following tools, and all items that can be mapped shall be provided to SBIAA staff in an electronic format that can integrated with SBlAA's mapping and/or GIS software: 1. Produce Overlav Zoning Map. An overlay map that shows the proposed ALUCP goals and policies with the local zoning of the .affected city or county shall be produced. This would ensure that the zoning ordinance of the local agency would be consistent with ALUCP policies. 11. List of Information Required from Applicants of Development Proiects . Develop a list that shall specify in sufficient detail pertinent information required from any applicant for a development project. 9. Preoare CEOA Environmental Documentation a. Prepare an Initial Study of the recommended Airport Land Use Compatibility Plan, in accordance with the California Environmental Quality Act (CEQA), and state and county CEQA guidelines. Submit five (5) copies of the Initial Study to SBlAA staff. b. In addition, prepare a draft report recommending additional actions that should be taken by SBIAA staff to fully comply with CEQA provisions for this project. The report should include the various steps to be followed, reports to be produced, and an estimated time line for complying with CEQA provisions. Submit five (5) copies of this draft to SBIAA staff and copies as appropriate to the State Clearinghouse and interested agencies. 10. Draft Staff Reoort Prepare a draft staff report on the ALUCP, for submittal to the SBIAA and County of San Bernardino, which compares existing and proposed policies. 11. Review and Adootion Process a. SBIAA staff, Department of Transportation, Division of Aeronautics staff, and the County of San Bernardino Department of Airports will advise throughout the Page 9 of i5 1:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qoalifications RFQ]INAL_kkb mb rv1.doc project. The Director of County of San Bernardino Department of Airports shall facilitate coordination and communication among affected jurisdictions throughout the ALUCP process. b. Public meetings shall be held at sufficient locations and times in order to ensure public input is obtained at key points of the project. At least one evening meeting shall be scheduled to review the proposed ALUCP when it is released. c. The SBIAA Commission will be briefed on project status at key points of the project. d. The SBIAA Commission will review and adopt the Airport Land Use Compatibility Plan and the necessary CEQA documentation. Affected local jurisdictions shall also be provided an opportunity to review and adopt the ALUCP during this process. III. CONTRACT DELlVERABLES The consultant shall deliver the following work product during the course of the project: 1. Five (5) copies of the administrative draft of the ALUCP. 2. Fifty (50) copies of the public review ALUCP. 3. Five (5) copies of the CEQA Initial Study. 4. Twenty-five (25) copies ofthe final adopted ALUCP. 5. One (I) reproducible hardcopy original and one (I) electronic file (pdfformat) on a CD of final adopted ALUCP. IV. CONTACT PERSON Mr. Alex Estrada, Director of Redevelopment and Property Management San Bernardino International Airport Authority 294 S. Leland Norton Way, Suite I San Bernardino, CA 92408 Phone: (909) 382-4100 Fax: (909) 382-4106 E-mail: aestrada@sbdairport.com V. SUBMITTAL REQUIREMENTS Please describe your firm's qualifications, the project manager's experience, related projects, and any other pertinent information that may describe your tearn's ability to perform this work. You do not need to re-write or summarize the scope of services as described earlier in this RFQ, but Page 10 of 15 I:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qualifications RFQ]INALJ,kb mb rvl.doc I you may recommend changes to the scope and/or provide additional commentary on the consultant duties. The proposal may contain up to twenty (20) pages total describing qualifications and scope of services. In addition, you may provide up to twenty (20) pages of work samples. Please submit five (5) copies of your written proposal to the SBIAA, attention Alex Estrada, Director of Redevelopment and Property Management, 294 S. Leland Norton Way, Suite One, San Bernardino, CA 92408. Proposals sent via fax and/or e-mail will not be accepted. Proposals must be received no later than 10:00 a.m., local time, on Friday, March 23, 2007. If mail delivery is used, it is advised that the proposal be mailed early enough to provide for arrival by the deadline. Use of the U.S. Postal Service or courier service will be at consultant's own risk. SBIAA will not be liable or responsible for any late delivery of proposals. By submitting a proposal, the consultant certifies that its/hislher name, as well as the name of any subcontractor, does not appear on the Comptroller General's list of ineligible contractors for federally assisted projects. All submitted Proposals and proposal documents are subject to the provisions of Government Code Section 6250 et. seq., commonly known as the California Public Records Act. Please reference Section VIII. Public Record set forth below for information regarding disclosure of Proposals and/or proposal documents. No proposal shall be returned after the date and time set for opening thereof. VI. INSURANCE REQUIREMENTS Should a contract be awarded to your firm, you must comply with the following insurance prOVISIOns: 1. Insurance coverage must be provided by a company that is admitted to write in California and has a rating of A: VIII by A.M. Best & Company. 2. An endorsement naming the SBlAA as additional insured on the general liability policy. Coverage equal to $1,000,000 combined single limit for each occurrence and $2,000,000 aggregate is required. 3. A minimum of $1,000,000 aggregate combined single limit in professional liability insurance. 4. Workers' compensation insurance as required by the Labor Code of the State of California. 5. Automobile liability insurance not less that $100,000 combine single limit per accident for bodily injury and property damage covering owned, non-owned and hired vehicles. Pagellaf15 I:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Requesl far Qualificalians RFQ]INAL J<kb mb rv I .dac VII. AWARD OF CONTRACT It is the SBIAA's intent to award a contract to the most qualified firm that can provide all of the services identified in this RFQ document. However, the SBIAA reserves the right to accept or reject any or all proposals and/or re-solicit or cancel the procurement process, if deemed to be in the best interest of the SBIAA. Consultant firms shall be responsible for any and all expenses incurred in the preparation of Proposals. The selected firm to be awarded the contract will enter into an agreement with the SBIAA using a standard consultant contract as drafted by SBIAA counsel. VIII. PUBLIC RECORD Attention is drawn to the fact that all submitted Proposals and proposal documents are subject to the provisions of Government Code Section 6250 et. seq., commonly known as the California Public Records Act. Information contained in the Proposals may be subject to disclosure. The final recommendation of the SBIAA staff, together with any attachments or exhibits, which may or may not be taken from submitted Proposals and proposal documents, shall be a public document available for inspection by the public. IX. TERMS AND CONDITIONS . This RFQ does not commit the SBIAA to award a contract or contracts, to defray any costs incurred in the preparation of a response to this request, or to procure or contract for services.All submitted Proposals and proposal documents become the property of the SBIAA. Please reference Section VIII. Public Record set forth above for information regarding disclosure of Proposals and/or proposal documents. . The SBIAA reserves the right to reject all Proposals. Selection is dependent upon the negotiation of a mutually acceptable contract with the successful consultant firm. . The SBIAA reserves the right to cancel, in part or in its entirety, this RFQ, including but not limited to: selection schedule, submittal date, and submittal requirements. If the SBIAA cancels or revises the RFQ, all respondents of record will be notified in writing by the SBIAA. . Selection announcements, contract awards, and all data provided by the SBlAA shall be protected from public disclosure by consultant firm. Consultants desiring to release information to the public must receive prior written approval from the SBIAA Assistant Director. . The SBIAA reserves the right to request additional information and/or clarifications from any or all consultant firms responding to this RFQ. Page 12 of 15 I:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qualifications RFQ]INAL _ kkb rob rv l.doc IX. MODIFICATION OR CLARIFICATION Should modification or clarification to this RFQ become necessary, a written addendum shall be posted to the Airport's website at www:sbdairoort.com under "RFPs/Bids." It is the responsibility of consultant firms responding to this RFQ to monitor the Airport's website for any such addendums. Any questions regarding this RFQ shall be directed to Mr. Alex Estrada, Director of Redevelopment & Property Management, no later than Fridav. March 16. 2007. Please refer to Section IV. Contact Person above for Mr. Estrada's contact information. X. SELECTION PROCESS SCHEDULE The proposed schedule for this Project is as follows: RFQ's Available per SBIAA Commission Authorization Proposals Due Review proposals and short list firms for interview Notice of Firms to be Interviewed (Optional) Interviews (Optional) Notice of Selected and Recommended Firm Negotiation ofSBIAA Contract(s) Award ofContract(s) by SBIAA Commission Kickoff Meeting Page 13 of 15 February 23, 2007 March 23, 2007 (10:00 a.m. local time) March 26-30, 2007 April 4-6, 2007 April 9- 13, 2007 April 16, 2007 April 16-20, 2007 April 25, 2007 May 1, 2007 I:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qualificatioos RFQ]INAL-',kb mb rvl.doc 1 COMPANY INFORMATION SHEET LEGAL NAME OF COMPANY: TYPE OF BUSINESS (Check One): [] PARTNERSHIP [] INDIVIDUAL [] INDIVIDUAL DOING BUSINESS UNDER A FIRM NAME [] LIMITED LIABILITY COMPANY [] JOINT VENTURE [] CORPORATION [] OTHER STATE OF INCORPORATION OR FORMATION: PRINCIPALS/OFFICERS OF COMPANY (List All Principals and Officers, Including Joint Venture Partner, as well as investors/investment companies): Name Title IDENTIFICATION OF PRINCIPAL(S)/OFFICER(S)/REPRESENTATIVE(S) OF COMPANY AUTHORIZED TO SIGN PROPOSALS AND RELATED DOCUMENTS: The Company has authorized and hereby designates the following individual( s) to execute proposals and related documents: Type or Print Name Title Type or Print Name Title Page 14 of 15 1:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qualifications RFQ.FINALJ,kb mb rvl.doc SUBCONTRACTOR INFORMATION SHEET LEGAL NAME OF SUBCONTRACTOR: ADDRESS: TELEPHONE: FAX: TYPE OF WORK TO BE PERFORMED BY SUBCONTRACTOR: TYPE OF BUSINESS (Check One): [] CORPORA nON [] LIMITED LIABILITY COMPANY [] JOINT VENTURE [] PARTNERSHIP [] INDIVIDUAL [] INDIVIDUAL DOING BUSINESS UNDER A FIRM NAME [] OTHER STATE OF INCORPORATION OR FORMATION: PRlNCIPALS/OFFICERS/REPRESENTATIVE(S) OF SUBCONTRACTOR (List All Principals and Officers, Including Joint Venture Partner): Name Title Page 15 of 15 I:\RFPIAIRPORT LAND USE PLAN - RFQIALUCP Request for Qualifications RFQ]INAL_kkb rob rvl.doc ATTACHMENT A-2 i' ,,{I.T,--, '\ ""1---" I;'~' !\' ;: , I \>, ~i: 1 \1 J' il~ 'I"-~'LLJ '- 1- Tr Tl"\J-1f .J lL "L-. _ ". June 11, 2007 Ms, Valerie Ross Director, Development Services City of San Bernardino 300 North D Street San Bernardino, CA 92410 Subject: Submittal of Qualifications Comprehensive Airport land Use Compatibility Plan Dear Ms, Ross: Mead & Hunt, Inc. is pleased to submit this scope of work to support development of an Airport Land Use Compatibility Plan for the City of San Bernardino. We look forward to starting this important project. Scope of Services Under this scope of services, the consultant team lead by Mead & Hunt will develop an Airport land Use Compatibility Plan for the City of San Bernardino as affected by the San Bernardino International Airport. The plan will meet the requirements established under state statutes for compatibility plans, including clarification of the process for implementing this plan under the alternative process. The plan will guide development to provide the most compatible mix of land uses in the airporfs environs while meeting the community development needs of the affected jurisdictions. As can be seen in the paragraphs that follow, the scope of work has been divided into five elements. This scope will take the project to the point where there is a final draft compatibility plan and an initial study of environmental effects. Due to uncertainties in the level of effort required to produce a plan affecting land use planning in several jurisdictions, some sections of the scope are broadly defined. It is expected that the specific tasks will be refined as the study progresses. Additionally, the scope will need to be amended to provide for consultant support for preparation of the appropriate CEOA environmental document and consultant support during the adoption process. Element 1 - Project Initiation o First project meeting with staff from the City of San Bernardino, including data collection from and coordination with the San Bernardino International Airport. o Organizational meeting with consultant team from City of Highland. o Meet with local agencies to describe the purpose of this planning effort and how local development concerns will be addressed. Element 2 - Data Collection o Obtain direction from the Cny of San Bernardino on the airport parameters that will be the basis for the compatibility plan. The key parameters include the future airfeld configuration, airspace needs, fleet mix, and activity levels. o Obtain approval from the California Division of Aeronautics to use the airport parameters provided by SBIAA in lieu of an airport master plan. o Obtain noise complaint data, flight track definitions (from radar or other sources), and accident data. ,'; . Ol/i/o/,s /If/ri'II/II'ide 1-"{)/Illded 190{) I Ms. Ross June 11, 2007 Page 2 of 4 . Validate GIS mapping of existing and proposed land uses. . Format GIS data to support housing displacement analysis. . Review general plans and zoning codes of San Bernardino County and the cities within the airport's influence area. Element 3 - Data Compilation . Prepare updated noise contours, . Conduct a TERPS analysis of airspace to evaluate significance of any terrain penetrations. . Prepare composite land use maps of airport influence area. . Prepare maps overlaying noise, safety, airspace, and overflight data on land use information. . Prepare an administrative draft of the Background chapter for staff review. . Release draft Background chapter for review by local agencies and interested others. . Hold public meetings with local agencies to present background data and describe Element 4 - Plan Preparation . Prepare discussion papers on noise, safety, airspace and overflight as they relate to San Bernardino International Airport. . Hold informal meetings with local agency staff and key stakehoiders to aid in the development and refinement of compatibility policies. As necessary, produce alternative versions of policies for review and discussion. . Submit an administrative draft of policies on noise, safety, airspace and overflight. . Prepare an administrative draft of procedures for implementing the compatibility policies under the alternative process. . Release draft polices on noise, safety, airspace and overflight, and draft implementation procedures. . Hold publiC meetings with local agencies to review draft materials. Element 5 - Initiate Adoption Process . Prepare a complete administrative draft compatibility plan for staff review. . Release a draft compatibility plan for public review. . Prepare the Housing Displacement Analysis. . Prepare an administrative draft Initial Study of Environmental Effects. . Develop an administrative draft staff report. Airport Consultant Team For this project, Mead & Hunt has assembled an experienced team of professionals. The key staff from each firm and their responsibilities are listed below: Mead & Hunt . David Dietz (Senior Airport Planner) will have overall responsibility for this project. He will be the principal presenter at public meetings, lead staff during working sessions, and principal author. Ms. Ross June 11, 2007 Page 3 of 4 . Ken Brody (Senior Airport Planner) will play two critical roles during this study. At the beginning of this study, he will lead development of a planning process to integrate compatibility planning efforts by the affected locai agencies. He will also guide the formulation and refinement of compatibility polices. . Maranda Thompson (Airport Planner) will contribute to the development of compatibility policies. She will also playa key role in coordinating with California Division of Aeronautics staff on implementation of the alternative process. Harris Miller Miller & Hanson . Eugene Reindei (Principal Consultant, and Manager, Sacramento office) will lead his firms work on this project. He will review all noise-related products developed under this project, and contribute to the formulation of noise policies. . Robert Behr (Senior Consultant) will lead acquisition of noise and flight track data, and preparation of noise contours. He will also participate in the development of noise policies for the compatibility plan. Dudek . Shawn Sham Iou (Project Manager) will oversee the development of the GIS products for this study. He will playa critical role in designing the methodology to be used in the Housing Displacement Analysis. . Koman Diabate (GIS Specialist for Airport Projects) will be principally responsible for development of the Housing Displacement Analysis and other GIS products for this study. Mr. Diabate will work with San Bernardino County and the relevant cities to ensure that the GIS mapping accurately reflects their land use policies. Environmental Science Associates . Steven Alverson (Director, ESA Airports) will lead his firm's work. He will review all noise related data to identify lis potential impacts on land use. He will also contribute to the development of noise policies for the plan and participate in publiC meetings as needed. . Lisa Harmon (Project Manager) will be principally responsible for development of CEQA documents for this study. She will review proposed policies for their potential to create direct or indirect environmental effects, identify appropriate strategies for CEQA compliance, and oversee the development of the required CEQA documents. Budget Given the uncertainties inherent in developing a plan for multiple agencies this project's budget has been formatted as time-and-expense with a not-to-exceed cap. We propose that the budget cap be set at $200,000. Depending upon the complexity of the policy development process, it is possible that this cap may need to be increased. The current rate sheets for each consulting firm are attached. Schedule A project schedule will be prepared once the initial round of agency consultations has occurred. Based upon our experience with airport compatibility plans, refinement of preliminary draft policies wllh the involvement of local agency staff is expected to take between six and nine months. We anticipate that it will take about one year to com piete all of the tasks in this scope. TU Ms. Ross June 11, 2007 Page 40f4 Closing We hope that this scope of services is acceptable, and look forward to starting this project. Sincerely, MEAD & HUNT, Inc. Lee B. Moen, P. E. Vice President Attachments: Rate Sheets X:\1951~\07001 \CFEE\SBD seope.rev.doc , ~~' ~ -- ATTACHMENT A-2a MEAD & HUNT, Inc. Standard Billing Rate Schedule Western United States Effective January 1, 2007 Standard Billing Rates Clerical............................................................................................................................ ..... $55.00 / hour Interior Designer, Technical Editor .............................................."""...................""...........$76.00 / hour Senior Editor .... ............... ......... ......... ........................ ......... ......... ............ ............... ... ...."... $120.00 / hour Registered Land Su rveyor........................................................"......................................... $95.00 / hour Accounting, Administrative Assistant................................................................................... $74.00 / hour Technician I, Technical Writer ...."""".".............."."""...........""""................"."...............$65.00/ hour Technician II, Surveyor - Instrument Person ".............."."""..........."""."..............."".......$80.00 / hour Technician III ....................................................................................................................... $90.00 / hour Technician IV................................................................................................................... ,. $1 00.00 / hour Senior Technician ..""..... ....."""".".. ......... ...."""..". ..........""."......................... ............". $135.00 / hour Engineer I, Scientist I, Architect I, Planner 1......."""..............."."...................""................$95.00 / hour Engineer II, Scientist II, Architect II, Planner 11.............""................""......................."....$105.00 / hour Engineer III ........................................................................................................................ $120 .00 / hour Senior Engineer, Senior Scientist, Senior Architect, Senior Planner, Senior Economisl...$135.00 / hour Project Engineer, Project Scientist, Project Architect, Project Planner....""""................. $150.00 / hour Senior Project Engineer, Senior Project Scientist, Senior Project Architect, Senior Project Planner...... ""."...... .........."".""..... ......""""............. .."""""....... ...."" "".. $170.00 / hour Senior Associate............................................."................................................................. $21 0.00 / hour Principal....................................................................................................................... ...... $220 .00 / hour Senior Client/Project Manager..... ..... ...................................... ............ ........ ........ ....... ........ $220.00 / hour Expenses Geographic Information or GPS Systems ..".""."............."""".............."".".................",,$32.00 / hour Total Station Survey Equipment."."""".........".""."............"""................"""...................$16.00/ hour Charges for other equipment may appear in a proposal Out-Of-Pocket Direct Job Expenses...........""""............."."................""...............""."....cost plus 15% Such as reproductions, sub-consultants / contractors, etc. Travel Expense Company or Personal Car Mileage ..........".""............."""............""""................""........... $0.65/ mile Air and Surface Transportation........................................................ ............... ....................cost plus 15% Lodging and Sustenance."................""................."".............."""..............."".................cost plus 15% Billing & Payment Traveltime is charged for work required to be performed out-of-office. A minimum of two hours will be billed for any work out-of-office. Invoicing is on a monthly basis for work performed. Payment for services is due within 30 days from the date of the invoice. An interest charge of 1.5% per month is made on the unpaid balance starting 30 days atter the date of invoice. This schedule of biiling rates is effective January 1, 2007, and will remain in effect until December 31,2007, unless unforeseen increases in operational costs are encountered. We reserve the right to change rates to reflect such increases. I HARRIS MILLER MILLER & HANSON INC. Standard Billing Rates By Labor Category Supervisory Consultant Principal Consultant/Engineer I Principal Consultant/Engineer II Senior Consultant/Scientist I Senior Consultant/Scientist II Senior Consultant/Scientist III Consultant I Consultant II Consultant III T&M Rate 255.00 225.00 200.00 175.00 150.00 130.00 120.00 110.00 100.00 rates are by category; individuals promoted to new categories will be billed at their new category rate. updated 8-14-06 1 ATTACHMENT A-2b Labor Category (continued) T&M Rate Sr. Project Support 180.00 Project Support I 95.00 Project Support II 90.00 Programmer/Software Support 175.00 Senior Programmer/Software Support 225.00 ~ ATTACHMENT A-2c DUDEK 2007 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director ...........................................$190.00/hr Program Manager .......................................$180.00/hr Principal Engineer 1I....................................$170.00/hr Principal Engineer 1.....................................$160.00/hr Senior Project Manager...............................$150.00/hr Project Manager ..........................................$135.00/hr Resident Engineer...................................... .$130.00/hr Senior Engineer 11........................................$125.00/hr Senior Engineer I ........................................$120.00/hr Associate Engineer ....................................$115.00/hr Project Engineer IV .....................................$110.00/hr Project Engineer 11I......................................$100.00/hr Project Engineer 11.........................................$95.00/hr Project Engineer 1..........................................$85.00/hr Field Engineer 1I..........................................$105.00/hr Field Engineer i .............................................$95.00/hr Engineering Assistant................................... .$80.00/hr Right-ol-Way Management Services Principal ROW Manager..............................$165.00/hr ROW Project Manager ................................$135.00/hr ROW Senior Engineer.................................$120.00/hr ROW Engineer ............................................$11 O.OO/hr ROW Technician .........................................$1 OO.OO/hr ROW Research Analyst ................................$70.OO/hr Environmental Services Principal..................................................... .$200.00/hr Senior Project Manager/Specialist ..............$185.00/hr Environmental SpecialisUPianner VI ...........$160.00/hr Environmental SpecialisUPlanner V ............$140.00/hr Environmental SpecialisUPlanner IV ...........$130.00/hr Environmental SpecialisUPlanner 11I............$115.00/hr Environmental SpecialisUPlanner 11.............$105.00/hr Environmental SpecialisUPlanner 1................$95.00/hr Analyst........................................................ ..$80.00/hr Planning Research Assistant ........................$65.00/hr Construction Management Services Principal/Manager..................................... ..$185.00/hr Senior Construction Manager .....................$170.00/hr Senior Project Manager...............................$150.00/hr Construction Manager .................................$140.00/hr Project Manager ..........................................$135.00/hr Resident Engineer.......................... ...........$130.00/hr Construction Engineer............................... ..$125.00/hr On-site Owner's Representative .................$100.00/hr Construction Inspector 11I............................$115.00/hr Construction Inspector 11.............................$105.00/hr Construction Inspector I ................................$95.00/hr Hydrogeological Services Principal.................................................... ..$190.00/hr Practice Manager ........................................$175.00/hr Senior Environmental Engineer...................$175.00/hr Sr. HydrogeologisUSr. Proj Mgr...................$160.00/hr Project Manager/Hydro ...............................$140.00/hr Associate HydrogeologisUEngineer.............$125.00/hr Hydrogeologist IV/Engineer IV ....................$115.00/hr Hydrogeologist III/Engineer 11I.....................$105.00/hr Hydrogeologist II/Engineer 1I.........................$95.00/hr DUDEl< Hydrogeologist I/Engineer 1...........................$85.00/hr Technician................................................... ..$75.00/hr District Management & Operations District General Manager ............................... $165.00/hr District Engineer ............................................. $140.00/hr District Manager ............................................ $135.00/hr District Secretary/Accountant .......................... $85.00/hr Collections System Manager...... .............. .....$85.00/hr Grade V Operator........................................... $1 OO.OO/hr Grade IV Operator............................................ $85.00/hr Grade III Operator ............................................ $75.00/hr Grade II Operator ............................................. $63.00/hr Grade I Operator .............................................. $60.00/hr Operator in Training ......................................... $50.00/hr Collection Maintenance Worker II..................... $48.00/hr Collection Maintenance Worker I ..................... $36.00/hr Office Services T echnicallDraffinglCADD Services 3D Graphic Artist............................................ $130.00/hr Senior Designer ............................................. $115.00/hr Designer ......................................................... $1 OO.OO/hr Assistant Designer ........................................... $75.00/hr GIS Specialist IV............................................ $130.00/hr GIS Specialist 1I1.............................................$115.00/hr GIS Specialist II.............................................. $1 05.00/hr GIS Specialist I................................................. $95.00/hr CADD Operator II............................................. $90.00/hr CADD Operator I.............................................. $80.00/hr CADD Drafter ................................................... $75.00/hr CADD Technician............................................. $60.00/hr Surveying Services (Coachella Valley) Professional Land Surveyor ........................... $150.00/hr 3-Person Survey Crew................................... $225.00/hr 2-Person Survey Crew................................... $195.00/hr 1-Person Survey Crew................................... $105.00/hr Survey Analyst ............................................... $105.00/hr Asst.Survey AnalysUCADD Mapper ................. $75.00/hr Support Services Technical Editor ............................................. $1 05.00/hr ComputerlWord Processing ............................. $75.00/hr Clerical Administration...................................... $65.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 1.75 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.5 limes the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at 48.5 cents per mile. Per diem where overnight stay is involved is charged at cost Invoices, late Charges. - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within thirty (30) days from the date of the invoice. Client agrees to pay a monthly late charge equal to one percent (1%) per month of the outstanding balance until paid in full. Effective January 1, 2007 "1-- ATTACHMENT A-2d ENVIRONMENTAL SCIENCE ASSOCIATES & SUBSIDIARIES 2007 SCHEDULE OF FEES I. Personnel Category Rates Charges will be made at the Category rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the Category rate times I. 5. Executive Director Senior Director II Senior Director I Director II Director I Senior Managing Associate / Technical Associate II Senior Managing Associate / Technical Associate I Managing Associate / Technical Associate II Managing Associate / Technical Associate I Senior Associate II Senior Associate I Associate III Associate II Associate I Environmental Tech II Environmental Tech I Senior Administrative / Graphics Administrative / Graphics Clerical $220.00 $200.00 $185.00 $175.00 $170.00 $160.00 $155.00 $145.00 $140.00 $125.00 $115.00 $100.00 $90.00 $80.00 $70.00 $60.00 $95.00 $80.00 $65.00 (a) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates. (b) ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in its operating costs. l' ESA 2007 SCHEDULE OF FEES STANDARD SCHEDULE A II. ESA Expenses A. Travel Expenses 1. Transportation a. Company vehicle - $0.45 per mile b. Common carrier or car rental - actual multiplied by 1.15 2. Lodging, meals and related travel expenses - direct expenses multiplied by 1.15 B. Communications Fee In-house costs for phone, e-mail, telecopier, regular postage, walk-up copier, and records retention - project labor charges multiplied by 3% C. Printing/Reproduction Rates ITEM 81/2x II b/w 11 x 17b/w 81/2x 11 color 11 x 17 color Covers Binding HP Plotter RATE/PAGE $0.05 0.10 1.00 2.00 0.20 0.75 25.00 D. Equipment Rates ITEM RATE/DAY RATEIWEEK Vehieles Laptop Computers LCD Projector Noise Meter Sample Pump Surveying Kit Field Traps Digital Planimeter CamerasNideo/Cell Phone Miscellaneous Small Equipment GIS Computer Time Trimble GeoXT GPS GIS Imagery GIS Web Maps Tablet GPS Laser Level Garmin GPS $40.00 ' 50.00 200.00 50.00 25.00 20.00 40.00 40.00 20.00 5.00 120.00 b 75.00 1.50 c $180.00 200.00 600.00 350.00 100.00 60.00 25.00 200.00 d 400.00 a Half day rate is $20.00. Actual project charges will be either $0.45 per mile or the day rate, whichever is higher. b GIS computer time will be charged at $15.00 per hour. C A GIS image is based on 800 x 1,000 pixels. Custom size will be charged accordingly. d GIS Web Maps will be charge in $200 per unit of disk space. 2 'T' ESA 2007 SCHEDULE OF FEES STANDARD SCHEDULE A III. Subcontracts Subcontract services will be invoiced at cost multiplied by 1.15. IV. Other There shall be added to all charges set forth above amounts equal to any applicable sales or use taxes legally levied in lieu thereof, now or hereinafter imposed under the authority of a federal, state, or local taxing jurisdiction. 3 r-- Agreement for Services (This document is the same as Attachment A to Exhibit 3) 10 '~ . ATTACHMENT 1 , ATTACHMENT B REIMBURSEMENT AGREEMENT FOR THE SAN BERNARDINO INTERNATIONAL AlPRORT AIRPORT LAND USE COMPATIBILITY PLAN This Reimbursement Agreement for the San Bernardino International Airport Authority, Airport Land Use Compatibility Plan (this "Agreement"), is entered into and shall be effective as of this _ day of June, 2007, by and between the San Bernardino International Airport Authority, a joint powers authority organized and existing pursuant to Government Code Section 6500, et seq. ("SBlAA"), and the City of San Bernardino, a charter city established and existing pursuant to the Constitution and laws of the State of California and the City Charter (the "City"). SIBAA and the City are each referred to herein as a "Party" and are collectively referred to as the "Parties." Recitals A. SBIAA issued a Request for Qualifications ("RFQ") in furtherance of obtaining a consultant to assist the City in the preparation of an Airport Land Use Compatibility Plan ("ALUCP") pursuant to the California Public Utilities Code ("PUC") Section 21670, et seq., and certain resolutions adopted by the County of San Bernardino and the Cities of Colton, Highland, Lorna Linda, and San Bernardino in 1995. SBIAA has obtained a proposal from Mead & Hunt, Inc. (the "Consultant") as the only consulting firm responding to the RFQ as so issued by SBIAA for the consulting project that involves the preparation of the ALUCP which shall be later submitted to and adopted and approved by the City. The proposed Agreement for Services with Mead & Hunt, Inc. to be approved by the City is attached hereto as Attachment 1 and incorporated herein by reference; and B. The proposal from the Consultant in response to the RFQ includes provisions for the scope of services as identified therein plus additional services that may be required on a time and materials basis in the manner as provided in the proposed Agreement for Services, and City staff shall be authorized to direct the Consultant to provide such other services as are reasonably required to complete the scope of services in furtherance of the preparation of the ALUCP; and C. The City adopted a certain Resolution No. 95-128 on May 3, 1995, wherein the City recognized that the alternative process for the adoption of the ALUCP under the PUC would be undertaken by the City in cooperation with adjacent impacted jurisdictions and the SBIAA and the Inland Valley Development Agency ("NDA"); and D. The City also agreed by the adoption of said Resolution No. 95-128 that the alternative process in lieu of a County Airport Land Use Commission would be utilized in connection with the land use compatibility planning in the area adjacent to the San Bernardino International Airport (the "Airport") within the City and within the adjacent impacted communities, and that the City had previously undertaken certain planning efforts on the former Norton Air Force Base upon which is located the Airport through the adoption of an Interim Airport Operating Plan and the approval of a Specific Plan for the non-aviation areas on the former Norton Air Force Base at the request of the NDA; and 1 T E. The Parties collectively seek to memorialize their agreement and understandings on the terms and conditions under which the City will undertake the preparation ofthe ALUCP for the San Bernardino International Airport and the terms pursuant to which SBIAA will reimburse or pay directly the fees and expenses of the Consultant incurred in furtherance of the approved scope of servIces. Agreements The Parties hereby agree as follows: 1. Approval of Consultant Agreement. a. Approval of Consultant Agreement bv the Citv. The City shall approve the Agreement for Services with the Consultant and expeditiously commence the preparation of the ALUCP for the Airport in the manner as required by the PUC Section 21670, et seq. The City shall control all aspects of the Consultant Agreement and SBIAA shall have no authority to direct the Consultant other than to provide suggestions to the City staff as to the manner and scope in which the ALUCP shall be undertaken and prepared. The City shall not be required to proceed with any phase of the Agreement for Services and commencement of work until such time as funds are on deposit with the City in a dollar amount sufficient to provide for the completion of the then current phase of the Consultant Scope of Services. b. Coordination of the ALUCP Preoaration. The City shall direct the Consultant in full conformity with the terms of the Agreement for Services, to perform as expeditiously as possible, consistent with the funding limitations as stated in subsection a. above and in accordance with good land use planning practices. SBIAA staff will be permitted to participate in meetings conducted by City staff with the Consultant and representatives of the adjacent impacted jurisdictions. The City shall designate a management person in the Development Services Department to be the lead City staff person in furtherance of the preparation ofthe ALUCP and the coordination with SBIAA and the adjacent impacted jurisdictions. As soon as practicable after the date of this Agreement, the City staff shall issue a written request to SBIAA and to the planning directors of the County of San Bernardino and the cities of Colton, Highland and Lorna Linda for designation of an individual to participate in an "ALUCP Working Group Committee" under the direction and supervision of the City together with the Consultant. The City shall also ensure that the representatives ofCaltrans, Division of Aeronautics, are fully informed and cognizant of the process and the status ofthe preparation of the ALUCP and the coordination among the City, SBIAA and the adjacent impacted jurisdictions. c. Compliance with Applicable Laws. The City warrants and represents that it will undertake the preparation and adoption ofthe ALUCP in a manner that fully complies with all applicable State laws including the alternative process pursuant to the PUC, the previously referenced City Resolution No. 95-128, and the provisions of the California Environmental Quality Act of 1970, as amended ("CEQA"). d. Final Work Product. The City shallforward to SBIAA a copy of the final draft ALUCP for purposes of obtaining the preliminary consent of the governing body ofSBIAA as to the 2 content and substance of the ALUCP prior to the submittal by the City staff to the Mayor and Common Council for final consideration and approval. Upon the final approval of the ALUCP by the Mayor and Common Council of the City, five (5) final bound copies of the ALUCP shall be submitted to SBlAA and such other number of copies of the final ALUCP as may be requested by the adjacent impacted jurisdictions shall likewise be provided for their use and consideration. The City shall request that each of the adjacent impacted jurisdictions comply with the provisions contained in their respective resolutions as adopted in 1995 to amend any and all general plans and specific plans and applicable zooming ordinances of the adjacent impacted jurisdictions to be consistent with the final ALUCP as may be adopted and approved by the City. e. Payment to the Citv bv SBlAA. (i) The City shall provide to SBlAA an invoice for the costs to be incurred by the City for the applicable phase of the preparation of the ALUCP by the Consultant pursuant to the Consultant Agreement for Services for Services that shall be undertaken for the benefit of SBlAA. SBlAA shall pay such amount related to the Consultant costs within thirty (30) calendar days after receipt of such invoice. Failure of SBIAA to remit the required amounts in a timely manner shall allow the City to terminate this Agreement immediately upon notice delivered to SBlAA and allow the City, at its election, to proceed with the preparation of the ALUCP without participation ofSBlAA staff in the formative process. (ii) The City shall provide SBlAA with a copy of any written request to the Consultant for additional time and materials and services within five (5) calendar days after the date on which the City staff elects to direct the Consultant to provide additional services on a time and materials basis as provided in the Consultant Agreement for Services. If change requests are required in connection with the Consultant Agreement for Services after the date of the approval of the Agreement for Services by the City that increase the total compensation to be paid to the Consultant, the City shall only authorize such change orders with the prior written approval of SBIAA, which approval shall not be unreasonably withheld or delayed, and with the payment of the applicable dollar amount of such change order payable to the City from SBlAA at the time of approval of such change by the City. In the event that SBlAA fails to approve a change request and to deposit the required dollar amount value of such change request with the City, the City shall not approve or otherwise undertake such change except at the sole financial obligation of the City. The City shall present SBlAA with an invoice for the anticipated cost of each phase ofthe preparation of the ALUCP prior to the date that the City staff directs the Consultant to proceed with each identified phase of the preparation of the ALUCP and prior to the date that the City incurs any contractual liability for the notice to proceed for each such phase of the Consultant Agreement for Services. SBlAA shall deposit to the account of the City as shall be designated in writing from the City to SBlAA prior to each notice to proceed to be issued by the City under the Consultant Agreement for Services the dollar amount as required by the City to satisfy the contractual obligations as shall be incurred by the City in each phase of the preparation of the ALUCP. In the event that SBlAA does not remit the required dollar amounts for the preparation of the ALUCP, the City shall be entitled thereupon to either proceed with the preparation of the ALUCP or terminate this Agreement effective upon delivery of notice to SBIAA and after all financial obligations of SBlAA to the City incurred as of such date have been fully satisfied. Any resulting financial liability of the City to the Consultant for any termination ofthe Consultant Agreement for Services for Services shall be paid by SBlAA to the City within thirty (30) calendar days after the date. of the City's invoice to SBlAA seeking the payment of such costs. 3 I , I "I (iii) The SBIAA agrees to reimburse the City for the costs of a consulting planner, the need of which is necessitated by the assignment of a management staff member to this work effort. f. Insurance. The City shall cause Consultant, as well as any subcontractors to the Consultant, to carry insurance acceptable to the SBIAA, which insurance shall be primary; shall name SBIAA, its directors, officers, employees, consultants and agents as additional insureds by endorsement; and shall provide that SBIAA shall be given at least fifteen (15) calendar days' advance notice in the event of proposed cancellation for nonpayment of premiums. The City shall cause the Consultant, as well as any subcontractors to the Consultant, to provide such certificates of insurance to the City before the Consultant, or any subcontractor to the Consultant, commences work on the preparation of the ALUCP. 2. Administration of Consultant Agreement. a. General Management and Oversight of the ALUCP. The City agrees that it shall be responsible for the general management and oversight for the preparation of the ALUCP during the term of this Agreement and the term of the Consultant Agreement for Services. SBIAA shall have no right or obligation to manage or oversee the daily activities of the Consultant in the preparation of the ALUCP. b. Indemnification. Each Party shall defend and indemnify the other Party and the other Party's directors, officers, employees, agents and authorized volunteers from and against all claims, demands, or liability for damages arising out of the Party's performance of the terms of this Agreement where such liability is caused or claimed or alleged to be caused by the willful misconduct, sole negligence or active negligence of the Party or any person or organization for whom or which the Party is legally liable. 3. Administration of Agreement. a. Books and Records. Each Party shall have access to and the right to examine the other Party's pertinent books, documents, papers or other records (including, without limitation, records contained on electronic media) relating to the performance of that Party's obligations pursuant to this Agreement. The Parties shall each retain all such books, documents, papers or other records to facilitate such review. Access to each Party's books and records shall be during normal business hours only. Nothing in this paragraph shall be construed to operate as a waiver of any applicable privileges. b. Disputes. The Parties recognize that there may be disputes regarding the , obligations of the Parties or the interpretation of this Agreement. The Parties agree that they may attempt to resolve disputes as follows: (I) Statement Describing Alleged Violation of Agreement. A Party or Parties alleging a violation of this Agreement (the "Initiating Party" or "Initiating Parties") shall provide a written statement describing all facts that it believes constitute a violation of this Agreement to the Party or Parties alleged to have 4 'I violated the terms of this Agreement (the "Responding Party" or the "Responding Parties"). (2) Response to Statement of Alleged Violation. The Responding Party or Responding Parties shall have sixty (60) calendar days from the date of the written statement to prepare a written response to the allegation of a violation of this Agreement and serve that response on the Initiating Party or Initiating Parties or to cure the alleged violation to the reasonable satisfaction of the Initiating Party or Initiating Parties. The Initiating Party or Initiating Parties and the Responding Party or Responding Parties shall then meet within thirty (30) calendar days after the date of the response to attempt to resolve the dispute amicably. (3) Mediation of Dispute. Ifthe Initiating Party or Initiating Parties and the Responding Party or Responding Parties cannot resolve the dispute within ninety (90) calendar days after the date of the written response, they shall engage a mediator, experienced in public entity contracts disputes, to attempt to resolve the dispute. Each Party shall ensure that it is represented at the mediation by a Director or Official. These representatives ofthe Initiating Party or Initiating Parties and the Responding Party or Responding Parties may consult with staff and/or technical consultants during the mediation and such staff and/or technical consultants may be present during the mediation. The costs of the mediator shall be divided evenly between the Initiating Party or Initiating Parties and the Responding Party or Responding Parties. (4) Reservation of Rights. Nothing in this subsection 3.c shall require a Party to comply with the dispute resolution process contained herein and each Party retains and may exercise at any time all legal and equitable rights and remedies it may have to enforce the terms of this Agreement; provided, that prior to commencing litigation, a Party shall provide at least five (5) calendar days' written notice of its intent to sue to all Parties. 4. General Provisions. a. Authoritv. Each signatory of this Agreement represents that they are dully authorized to execute this Agreement on behalf of the Party for which such signatory executes this Agreement. Each Party represents that it has the appropriate legal authority to enter into this Agreement and to perform all obligations under this Agreement, including, but not limited to, the payment of dollar amounts to the other Party as required herein. b. Amendment. This Agreement may be amended or modified only by a written instrument executed by each of the Parties to this Agreement and approved by their respective governing boards. c. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, except for its conflicts oflaw rules. Any suit, 5 action or proceeding brought under the scope ofthis Agreement shall be brought and maintained to the extent allowed by law in the County of San Bernardino, California. d. Headings. The paragraph headings used in this Agreement are intended for convenience only and shall not be used in interpreting this Agreement or in determining any of the rights or obligations of the Parties to this Agreement. e. Construction and Interpretation. This Agreement has been arrived at through negotiations and each Party has had a full and fair opportunity to revise the terms of this Agreement. As a result, the normal rule of construction that any ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation of this Agreement. f. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter ofthis Agreement and supersedes any and all prior oral or written agreement, understanding orrepresentation relating to the subject matter of this Agreement. g. Partial Invaliditv. If, after the date of execution of this Agreement, any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable. However, in lieu thereof, there shall be added a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and as may be legal, valid and enforceable. h. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the respective Parties to this Agreement. No Party may assign its interests in or obligations under this Agreement without the written consent of the other Parties, which consent shall not be unreasonably withheld or delayed. i. Waivers. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement and forbearance to enforce one or more of the remedies provided in this Agreement shall not be deemed to be a waiver ofthat remedy. j. Attornevs' Fees and Costs. The prevailing Party in any litigation or other action to enforce or interpret this Agreement shall be entitled to reasonable attorneys' fees, expert witnesses' fees, costs of suit and other and necessary disbursements in addition to any other relief deemed appropriate by a court of competent jurisdiction. The costs, salaries, and expenses of the City Attorney and members of his office, shall be considered as attorneys' fees for the purposes of this Agreement. k. Necessary Actions. Each Party agrees to execute and deliver additional documents and instruments and to take any additional actions as may be reasonably required to carry out the purposes of this Agreement. 1. Renresentations and Warranties. Each representation and warranty contained herein or made pursuant hereto shall be deemed to be material and to have been relied upon and shall survive the execution, delivery and termination of this Agreement. 6 r---- n____ '''I m. Compliance with Law. In performing their respective obligations under this Agreement, the Parties shall comply with and conform to all applicable laws, rules, regulations and ordinances. n. Third Partv Beneficiaries. This Agreement shall not create any right or interest in any non-Party or in any member of the public as a third party beneficiary. o. Countemarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. p. Notices. All notices, requests, demands or other communications required or permitted under this Agreement shall be in writing unless provided otherwise in this Agreement and shall be deemed to have been duly given and received on: (i) the date of service if served personally or served by facsimile transmission on the Party to whom notice is to be given at the address or addresses as provided below, (ii) on the first day after mailing, if mailed or dispatched by Federal Express, U.S. Express Mail, or other similar overnight courier service, postage prepaid and addressed as provided below, or (iii) on the third (3rd) business day after mailing if mailed to the Party to whom notice is to be given by first class mail, registered or certified, postage prepaid, addressed as follows: To SBIAA: San Bernardino International Authority 294 S. Leland Norton Way, Suite I San Bernardino, CA 92408 909.382.4100 909.382.4105 (FAX) Attn: Executive Director To the City: City of San Bernardino 290 N. "D" Street San Bernardino, CA 92401 909.384.5122 909.3845138 (FAX) Attn: City Manager 7 "l^ REIMBURSEMENT AGREEMENT FOR THE SAN BERNARDINO INTERNATIONAL AlPRORT AIRPORT LAND USE COMPATIBILITY PLAN IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first above written. SBIAA SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, a joint powers authority organized and existing pursuant to Government Code Section 6500, et seq. By: Donald L. Rogers Interim Executive Director Attest: By: Kelly Berry, Secretary Approved as to Form: Timothy J. Sabo, General Counsel CITY CITY OF SAN BERNARDINO, CALIFORNIA By: Patrick J. Morris Mayor Attest: By: Rachel Clark, City Clerk Approved as to Form: ,~ James F. Penman, City Attorney 8 ~ Attachment 1 Agreement for Services (This document is the same as Attachment A to Exhibit 3) 9 .. '"f"' Attachment 2 Form of Contractor and Subcontractor Insurance Requirements 10