ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY

Agenda Item # _ _ June 8, 2010 Chris Bazar Agency Director

May 25, 2010 224 West I/vinton Avenue Room 110

Hayward California 94544-1215 phone 510 670.5333 fax 510.670.6374

w,wl.dcgOV.org/cda

Honorable Board of Supervisors Administration Building Oakland, CA 94612 Dear Board Members:

SUBJECT: AUTHORIZE AMENDMENT NO.1 TO PURCHASE ORDER CMDEV2703, ESTABLISHING PROCUREMENT CONTRACT NO. 5227 WITH LAMPHIER-GREGORY TO COMPLETE THE PERIODIC REVIEWS OF SURFACE MINE AND RECLAMANATION PERMITS

RECOMNIENDATION: It is recommended that your Board approve and execute Amendment No.1 to Purchase Order CMDEV2703, establishing Procurement Contract No. 5227 between the County of Alameda and Lamphier-Gregory (Principal: Scott Lamphier; Location: Oakland) to increase the amount by $30,500 from $24,500 to $55,000 with no change to the contract end date of December 31,2010.

DISCUSSION/SUMMARY: On March 4, 2010, the Community Development Agency entered into Purchase Order Contract CMDEV2703 to obtain assistance in the review of permit applications under the Municipal Code of Alameda County, Chapter 6.80, Surface Mines (CODE), the California Environmental Quality Act (CEQA) and the State of California Surface Mining and Reclamation Act (SMARA). Lamphier-Gregory's role is to review submitted applications for conformance with the CODE, CEQA, and SMARA; coordinate and schedule meetings with mine operators, County staff, property owners, consultants/professionals, other agencies having jurisdiction, and the general public; review all pertinent data; assist staff in resolving technical issues related to the applications; prepare written reports, photographs and other documentation for staff, the Planning Commission, and general public; and, attend community meetings as needed.

Board of Supervisors May 25, 2010 Page 2

The initial budget for this project was limited in that Lamphier-Gregory's scope of work was primarily focused on a single permit, SMP28. However, the Periodic Review for a second permit, SMPI6, has also become a high priority, and in order to meet specific deadlines it is necessary to augment the Lamphier-Gregory scope ·ofwork. Therefore, the Community Development Agency is requesting that the contract be increased by $30,500 for this additional, expedited work. All work contained in the original Contract, as well as the Amendment, will be concluded by the December 31, 2010 deadline. SELECTION CRlTERlAIPROCESS:

On October 14, 2009, the Community Development Agency (CDA) solicited informal bids for the Periodic Review ofSurface Mining Permit services to seven firms. In response, two bids were received: one from Resource Design, Inc., and one from Lamphier-Gregory, Inc. Bids were reviewed by staffand were equally ranked based on services to be performed and the bid amount of $24,500. Lamphier-Gregory, Inc., was selected because it is a Small Local Emerging Business (SLEB)-certified local firm. FINANCIAL CONSIDERATIONS There is no Net County Cost as a result of this action. Funding for this contract is generated by the fees collected from the Quarry operators.

Very truly yours,

~~

Chris Bazar, Director Community Development Agency

cc:

Susan Muranishi, County Administrator Richard Winnie, County Counsel Patrick O'Connell, Auditor-Controller Louie Martirez, County Administrator's Office Brian Washington, Office of the County Counsel D.B. Singh, CDA Finance Director

COUNTY OF ALAMEDA

AMENDMENT #1 TO CONTRACT #CMDEV2703

BETWEEN THE COUNTY OF ALAMEDA

AND

LAMPHIER-GREGORY, INC.

THIS AMENDMENT modifies CONTRACT #CMDEV2703 entered into on the 4th day of March, 20 W, by and between the COUNTY OF ALAMEDA, a body corporate and politic of the State of Califomi a, hereinafter referred to as COUNTY, and LAMPHIER-GREGORY, INC., hereinafter referred to as CONTRACTOR. I.

Standard Services Agreement, Page I: Delete:

"The compensation payable to Contractor hereunder shall not exceed Twenty-four thousand, Jive-hundred and no thousandths dollars ($24,500) for the term ofthis Agreement. " And replace it with:

"The compensation payable to Contractor hereunder shall not exceed Fifty-Five Thousand ($55,000) for the term ofthis Agreement." 2.

Standard Services Agreement, Page II: Delete:

"20.

TERMINATION: The County has and reserves the right to suspend, terminate or abandon the execution ofany work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate or suspend the Contractor's work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date ofsaid suspension, termination or abandonment. Said payment shall be computed in accordance with Exhibit B hereto, provided that the maximum amount payable to Contractor for its Scope ofServices shall not exceed Twenty four thousandJive hundred dollars ($24,500) payment for services provided hereunder prior to the effective date ofsaid suspension, termination or abandonment. " .

And replace it with:

"20.

TERMINATION: The County has and reserves the right to suspend, terminate or abandon the execution ofany work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate or suspend the Contractor's work, the Contractor

shall be entitled to payment for services provided hereunder prior to the effective date ofsaid suspension, termination or abandonment. Said payment shall be computed in accordance with Exhibit B hereto, provided that the maximum amount payable to Contractor for its Scope ofServices shall not exceed Fifty-Five Thousand Dollars ($55,000) for services provided hereunder prior to the effective date ofsaid suspension, termination or abandonment. " 3.

Standard Services Agreement, Exhibit B: Delete:

Exhibit B in its entirety. And replace it with:

Amended Exhibit B.

IN WITNESS WHEREOF, the parties hereto have executed this amendment. LAMPHIER-GREGORY, INC.

COUNTY OF ALAMEDA

By:

- - - - - -Signature --------

By:

----'--'-=::..--==-t-_-'--

Name:- - - - ' - - - - - - - - - - - - ­ (Printed)

Name: Scott Gregory (Printed)

Title: President of the Board of Supervisors

Title: President

Date:

_

------------

Approved as to Form:

By:_---=~=---y_~·_·._~_----=-

County Counsel Signature

_

By signing above, signatory warrants and represents that he/she executed this Agreement in hislher authorized capacity and that by hislher signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement

EXHIBIT B - AMENDED

PAYMENT TERMS I.

County will pay Contractor upon successful completion and acceptance of the following services listed below, within thirty (30) days, upon receipt of invoice. The Contractor shall be paid an hourly rate, plus expenses, for the term of this Agreement. The hourly rate for each employee is as follows: President Principal Senior Planner Associate Planner Planner Administrative Support Staff

$190.00/hour $190.00/hour $150.00/hour $130.00/hour $llO.OO/hour $ 70.00/hour

The hourly rate of any other staff assigned to work on the project shall be agreed to by the County in advance of any work or billing. Reimbursement for expenses shall be compensated mileage reproduction black/white letter reproduction color letter reproduction tabloid scanmng

as follows: $ .585/mile .IO/copy $ .IO/copy $ 1.25/copy $ .50/scan $

2.

Invoices will be approved by the County: Damien Gossett, Assistant Deputy Director.

3.

Total payment under the terms of this Agreement will not exceed the total amount of Fifty-Five Thousand Dollars ($55,000). This includes all taxes and all other charges.

4.

Upon award of this Agreement by County, County and Contractor shall forthwith jointly create a schedule governing the timely performance of the Contractor's services hereunder. The agreed-upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreement in conformance with the schedule.

5.

Upon notice to proceed from County, Contractor shall perform in accordance with the following schedule: Schedule to be negotiated between County and Contractor after execution.