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CD General Plan 2040 Project Management; Amendment 1FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BARRY J. MILLER FOR PROFESSIONAL PLANNING SERVICES THIS FIRST AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and BARRY J. MILLER, (hereinafter "CONTRACTOR"), is made and entered into as of the 15 day of I , 2019. RECITALS WHEREAS, on June 190', 2017, the City Council adopted Resolution No. 14357, authorizing the execution of an Agreement between the CITY and the CONTRACTOR for professional planning services for General Plan 2040 project management (the "Agreement"); and WHEREAS, the CITY has twice exercised the option in the Agreement to extend the term by one (1) year; and WHEREAS, due to the efforts of the CONTRACTOR, the CITY was awarded grant funding from the Metropolitan Transportation Commission to provide financial support for the creation of a Downtown Precise Plan; and WHEREAS, the increase in work associated with the creation of a Downtown Precise Plan was not included in the CITY's initial scope of work under the Agreement; and WHEREAS, the CITY has appropriated sufficient funds in the General Plan Special Revenue Fund #218 for FY 2019/20 to support an amendment to the Agreement to include the additional work by CONTRACTOR needed in connection with the Downtown Precise Plan; AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Paragraph 2 of the Agreement, entitled "DUTIES OF CONTRACTOR" is hereby amended to include the additional services described in CONTRACTOR'S June 3, 2019 letter with the subject "General Plan 2040 Contract Amendment" attached as Exhibit "A" to this First Amendment and incorporated herein by reference. 2. Paragraph 4 of the Agreement, entitled "COMPENSATION," is hereby amended to include additional compensation payable to CONTRACTOR for the services described in Exhibit "A" to this First Amendment, on a time and materials basis, in y-3-L'SI a not -to -exceed amount of $25,000, thereby increasing the compensation amount for the current (third) year of the Agreement from $90,000 to $115,000, and increasing the total amount payable under the Agreement from $270,000 to $295,000. 3. Except as specifically amended herein, all other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL z ��Wa J C UTZ, City Ma g r ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: �C ROBERT F. EPSTEIN, ity Atto ey CONTRACTOR r BARRY J. MI�, Barry) l 817 Alvarado Road Miller �� Berkeley, CA 94705 FAR 1' 510-847-0068 barry@barrymiller.net + �_ SUBJECT: General Plan 2040 Contract Amendment June 3, 2019 Raffi Boloyan, Planning Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Dear Raffi: On June 19, 2017, the City Council adopted Resolution No. 14358 authorizing an Agreement for Professional Planning Services with Barry Miller as Project Manager for the City's General Plan 2040. Work under this Agreement began on July 1, 2017. The Agreement included a provision for up to two (2) additional one-year extensions, upon approval of the City Manager. The first one-year extension was approved on June 7, 2018, extending the Agreement to June 30, 2019. This letter requests the second one-year extension, to June 30, 2020. I am also requesting that the terms of the Agreement be modified to recognize a substantive change in the scope of services being provided. The initial Agreement covered only the 2040 General Plan. In May 2018, the City was awarded a grant to prepare a Downtown Precise Plan. I have effectively served as the City's Downtown Plan Project Manager for the last year. In May 2019 alone, roughly 2/3 of my hours in San Rafael were spent on the Downtown Plan, largely due to the Downtown charr•ette on May 8-11. This work was not anticipated by my Agreement with the City and was not budgeted. I have completed a month -by -month review of my hours between January 1, 2018 and June 1, 2019 and determined that 157 hours were spent on tasks related to the Downtown Precise Plan over this 17 -month period. This represents 15% of my total hours in San Rafael. The work was completed without any increase in the budget for my services. As of June 1, 2019, I have billed $169,342 of the $180,000 total available for the two- year period (July 1, 2017 -June 1, 2019). This includes roughly $149,100 on the General Plan and $21,200 on the Downtown Precise Plan. The amount billed to the General Plan has been less than anticipated due to the time demands of the Downtown Plan and the overall dollar limit set by my contract. EAw �j I rc, IT A Looking ahead, I am proposing that my contract limit for 2019-2020 be raised by $25,000. Thus, the total for the three-year (2017-2020) contract term would be $295,000 instead of the $270,000 covered by the initial agreement. The additional $25,000 would cover services associated with the Downtown Precise Plan. I will increase my San Rafael time from two days a week to something closer to three days a week for the next year, although the extra time will likely be worked in my Berkeley office. In the event an increase in the budget cap is not viable, I will continue to work under the terms of my current Agreement (e.g., not to exceed $90,000 for Year 3) assuming it is extended for the third year. However, the budget will likely run out several months before June 30, 2020 due to the increased time demands of managing both projects. I am open to other approaches to moving the contract extension forward. Working for the City of San Rafael has been a privilege! I look forward to bringing both the General Plan and the Downtown Precise Plan to their successful completion over the coming year. Sincerely, Barry Miller, FAICP 2 0=910110j11[4]ki101IQ&C131TO RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH BARRY J. MILLER WHEREAS, on June 19th, 2017, the City Council adopted Resolution No. 14357, authorizing the execution of an Agreement between the City of San Rafael and Barry J. Miller for professional planning services for General Plan 2040 project management (the "Agreement"); and WHEREAS, the City of San Rafael has twice exercised an option to extend the Agreement by one (1) year and the Agreement is now in its third year and set to expire on June 30, 2020; and WHEREAS, due to the efforts of Barry J. Miller, the City of San Rafael was awarded grant funding from the Metropolitan Transportation Commission to provide financial support for the creation of a Downtown Precise Plan; and WHEREAS, the increase in work associated with the creation of a Downtown Precise Plan was not included in the initial scope of work under the Agreement; and WHEREAS, the City of San Rafael has appropriated sufficient funds in the General Plan Special Revenue Fund #218 for FY 2019/20 to support an amendment to the Agreement to include the additional work by Barry J. Miller needed in connection with the Downtown Precise Plan; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby authorizes the City Manager to execute a First Amendment to the Professional Services Agreement with Barry J. Miller, in a form approved by the City Attorney, to expand the scope of services to include work needed in connection with the Downtown Precise Plan and to provide for additional compensation payable in the third year of the Agreement in an amount not to exceed $25,000. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 15th day of July 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: -COUNCILMEMBERS: None Page 1 of 1 LINDSAY LARA, City Clerk P� RA f s 2 0 WITH P' NA CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development Project Manager: Raffi Boloyan Extension: x3095 Contractor Name: Barry J. Miller Contractor's Contact: Barry Miller Contact's Email: barry@barrymiller.net ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 6/21/2019 ❑x EBG Click here to b. Email contract (in Word) & attachments to City enter a date. Atty c/o Laraine.Gittens@cityofsanrafael.org ❑ 2 City Attorney a. Review, revise, and comment on draft agreement 7/1/2019 © LG and return to Project Manager 7/1/2019 ❑x LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 4 Project Manager When necessary, * contractor -signed agreement ❑ N/A agendized for Council approval *PSA > $75,000; or Purchase > $75,000; or Or NX EBG Public Works Contract > $175,000 7/15/2019 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 8/13/19 EBG Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed ir/j� 4 agreement 7 City Attorney Review and approve insurance in PINS, and bonds _I kt- (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official k16 l 9 City Clerk Attest signatures, retains original agreement and p forwards copies to Project Manager p I Le I