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CD General Plan 2040 Project Management; Amendment 2SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Second Amendment to Agreement for Professional Planning Services ("Second Amendment") is made and entered into as of the IP day of July 2020, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and BARRY J. MILLER (hereinafter "CONTRACTOR"). WHEREAS, on June 19, 2017, CITY and CONTRACTOR entered into an Agreement for Professional Planning Services pursuant to which CONTRACTOR agreed to provide services as Project Manager for the CITY'S General Plan 2040 (the "Agreement"). The Agreement provided for a maximum contract amount of $270,000 and a term of July 1, 2017 through June 30, 2020, subject to annual review and extension after each year of the term; and WHEREAS, CITY has twice approved extensions to the Agreement and it is now due to expire on June 30, 2020; and WHEREAS, in February 2018, CITY received a $500,000 One Bay Area (OBAG) grant to prepare a Precise Plan for Downtown San Rafael (City Council Resolution No. 14469), for which the project management was assigned to CONTRACTOR, in conjunction with the General Plan update; and WHEREAS, on July 15, 2019, pursuant to City Council approval, the parties entered into a First Amendment to the Agreement to include CONTRACTOR'S additional services for project management of the Downtown Precise Plan, and increasing the total compensation under the Agreement by $25,000 (from $270,000 to $295,000); and WHEREAS, the originally anticipated completion date for the General Plan 2040 and Downtown Precise Plan was July 2020, but this will not be achieved due to greater time, effort and outreach required to complete tasks to date, and the recent COVID-19 pandemic impacts. Therefore, there is a need for additional time and budget for CONTRACTOR to complete the project; and WHEREAS, the CONTRACTOR has submitted an updated scope of work, budget and billing rate dated June 1, 2020, to cover the additional services necessary to complete the project, as provided in Exhibit A to this Second Amendment, including: a) an extension of the term of the Agreement by one (1) year (through June 30, 2021); b) the reduction of CONTRACTOR'S billing rate from $135/hr. to $125/hr. during the extended term; and c) increasing the total contract amount by $75,000 (from $295,000 to $370,000), including a $25,000 contingency to cover additional work, revisions or tasks that may arise during the unpredictable public review process; and WHEREAS, the CITY has appropriated sufficient funds in the General Plan Special Revenue Fund # 218 for FY 2020/21 to support the amendment of the Agreement to include the additional work by CONTRACTOR needed to complete the General Plan 2040 and Downtown Precise Plan; Professional Services Agreement Between City of San Rafael and Barry J Miller Page I AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement, as amended on July 15, 2019 by the First Amendment, as follows: 1. Section 2 of the Agreement, entitled "DUTIES OF CONTRACTOR" is hereby amended to include the additional services described in CONTRACTOR'S June 1, 2020 letter attached as Exhibit A to this Second Amendment and incorporated herein by reference. 2. Section 4 of the Agreement, entitled "COMPENSATION", is hereby amended to read in its entirety as follows (amendments noted in s*F'�4",m/underline format): 4. COMPENSATION. For the performance of services pursuant to this Agreement, CONTRACTOR shall bill for services on a "time and material" basis, as work is needed by CITY. CONTRACTOR's billing rate shall be $135 an hour through June 30, 2020 and then $125 an hour for the period July 30, 2020 through June 30, 2021. Any reimbursable expenses shall be billed at cost, with no administrative mark-up. Notwithstanding the foregoing, CONTRACTOR's compensation hereunder shall be subject to the following not -to -exceed limits: A. CONTRACTOR's monthly billings shall not exceed $7,500 in any given calendar month, excluding reimbursable expenses, without prior approval in writing by the PROJECT MANAGER. B. CONTRACTOR's billings during the term of this Agreement, and during any subsequent extension of the term hereof, shall not exceed $90,000 per year, excluding reimbursable expenses, without prior approval by the Project Director, provided that in no event shall CONTRACTOR's total compensation of this contract, over the tree (3) year period four (4) year period shall be $270;A90-$370,000, excluding reimbursable expenses. The total compensation limit includes a $25,000 contingency reserved to cover additional work, research or revisions that arise during the public review process The need for the use of the contingency shall be requested by the CONTRACTOR and approved by the PROJECT MANAGER, prior to performing the work. C. Reimbursable expenses for purposes of this Agreement shall include, but not be limited to: reproduction costs, graphics preparation, supplies and materials necessary for performing tasks, etc. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. Section 5 of the Agreement, entitled "TERM OF AGREEMENT" is hereby amended to read in its entirety as follows (amendments noted in s*~i�,f/underline format): Second Amendment to Professional Services Agreement Between City of San Rafael and Barry J Miller Page 2 5. TERM OF AGREEMENT. The services to be performed under this Agreement shall commence on July 1, 2017 and shall continue feF one "` 5, through June 30, 2.044 2021, unless earlier terminated as provided in Section 6 of this Agreement. Upe : mutual agfeement of the ^^Pies, an subjeet to the approval of the CiPy Manager-, this Agr-eement may be exteaded fef UP to twe (2) additional one (1) year- teFms, pFevided that sueh no sueh exteasion shall ineFease the total eempensation authorized in Seetien 4 of this Agreement. 4. Except as specifically amended herein, all of the other sections, provisions, terms and obligations of the Agreement for Professional Planning Services, executed on June 19, 2017 and amended on July 15, 2019, shall remain valid and shall be in force with the execution of this Second Amendment. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the day, month and year first above written. CITY OF SAN RAFAEL r JIB SC UTZ, Cit Hager ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, CijQy Attorney CONTRACTOR By: Name: Barry Miller Title: Princi Exhibit A: Letter from Barry Miller Re: Extension of Contract with Barry Miller, FAICP, with San Rafael General Plan 2040: Scope of Work for July 1, 2020 forward, dated June 1, 2020, Second Amendment to Professional Services Agreement Between City of San Rafael and Barry J Miller Page 3 1■E_N T EXHIBIT A loom BarryJ Miller, FAICP 1 2512 Ninth Street ba1 1 1.1 Suite jjN1i11L'l_Berkeley, CA 94710 510-647-9270 AICP S O barry@barrymiller.netr.J rnr 7aI,^0nniry; June 1, 2020 Raffi Boloyan, Planning Manager City of San Rafael Community Development Department 1400 Fifth Avenue, 3`d Floor San Rafael, CA 94901 Re: Extension of Contract with BarryMiller, FAICP Dear Raffi: My contract with the City of San Rafael is scheduled to expire on June 30, 2020. While we are very close to having a Draft General Plan and EIR ready for public release, the original schedule anticipated a release earlier in the year, with adoption by July 1, 2020. As a result of several factors, including the addition of Downtown Precise Plan management to the scope of work and the disruptions caused by the COVID-19 pandemic, work on the Plan has proceeded at a slower pace than was forecast. We are now anticipating release of the Plan during Summer 2020, with adoption hearings in the Fall. Accordingly, I am requesting an extension of my contract for one year, and a budget supplement not to exceed 575,000 to cover continued services. The budget supplement would include $50,000 for further work on the General Plan/ Downtown Precise Plan and a $25,000 contingency in the event that the need for supplemental services arises during the adoption process. Please note that in support of the City's cost -reduction goals, I am reducing my rate by $10/hour for the duration of the project. The scope of work performed during the extended time period will primarily cover tasks related to Plan adoption. This includes revisions to the Draft General Plan and Downtown Precise Plan, responses to comments on the EIR, production of the Final General Plan, Downtown Plan, and FEIR, and attendance at Board and Commission meetings, Council meetings, and other community meetings that may be scheduled during the adoption process. It has been a pleasure working with the City of San Rafael, and it's exciting to contemplate the release and adoption of the Plan in the months ahead. Thank you for your consideration. Best regards, Barry Miller, FAICP Second Amendment to Professional Services Agreement Between City of San Rafael and Barry J Miller Exhibit A-1 EXHIBIT A San Rafael General Plan 2040 Scope of Work for July 1, 2020 forward for Barry Miller, FAICP Task 1: Plan Publication A. Draft General Plait. Barry Miller will make necessary edits to Admin Draft General Plan 2040 to incorporate final changes and Staff comments. He will prepare the formatted Public Review Draft General Plan, including finalized maps, photos, and graphics. He will coordinate final review/ screencheck of the document as well as publication and notification of appropriate parties upon its release. B. Draft EIR. Barry Miller will coordinate release of the Public Review Draft EIR, including relaying edits and revisions to the Admin Draft EIR to the consultant preparing that document. He will work as the staff point of contact for filing notices related to that document, and initiating the public review process. C. Draft Downtown Precise Plait. Barry Miller will coordinate revision of the Admin Draft Downtown Precise Plan. He will work with City staff, General Plan Steering Committee members, the consultant team, and City commissions and stakeholders to identify necessary edits prior to publication of the document as a Public Review Draft. Task 2: Plan Adoption This task includes all work conducted between the time the General Plan, Downtown Precise Plan, and EIR are released and the point where they are adopted. Barry will continue to serve as Project Manager and represent the General Plan team during this process. This task includes attendance at all public meetings, preparation of staff reports and resolutions, and revisions to the Plan. Again, close coordination with members of the consultant team will be necessary, particularly during tasks such as Planning Commission and City Council hearings and the preparation of responses to comments. The specific sub -tasks include: • Managing communication about the Plan, including organizing and attending Plan - related meetings between the release of the Public Draft and the hearings Second Amendment to Professional Services Agreement Between City of San Rafael and Barry J Miller Exhibit A- 2 EXHIBIT A • Working as a liaison between Fehr and Peers, Community Development, and Public Works during the update of the traffic mitigation fee (included in Fehr and Peers' scope as a task to be completed early in the adoption process) • Responding to questions about the Plan, and collecting comments • Preparing Plan addenda and identifying proposed changes to the Draft document to reflect public comment. More than one Plan addenda may be prepared as the adoption process transpires. • Preparing responses to EIR comments, in collaboration with the EIR consultant • Attending Planning Commission and City Council adoption hearings • Attending other Commission hearings to provide briefings on the Plan and gather input • Preparing resolutions and staff reports supporting Plan adoption Task 3: Revisions to Document and Production of Final Plan This task will take place after the City Council adopts the Plan. Barry Miller will prepare a Final General Plan which incorporates edits made through the public hearing process. This will involve flowing the Plan Addendum into the General Plan and finalizing all graphics and photographs. Task 4: Project Management Project management tasks include participation in regular team meetings and City staff meetings, project management conference calls, tracking of budget, monitoring the performance of other contractors, and general administrative duties related to the project. Second Amendment to Professional Services Agreement Between City of San Rafael and Barry J Miller Exhibit A- 3 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 - 2nd Amendment to GP 2040 Project Manager contract Project Manager: Raffi Boloyan Extension: x3095 Contractor Name: Barry Miller Contractor's Contact: 510-647-9270 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 6/3/2020 N RB b. Email contract (in Word) & attachments to City 6/3/2020 Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 6/16/2020 N LG and return to Project Manager 6/16/2019 N 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 6/25/2020 © RB contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement ❑ agendized for Council approval *PSA> $20,000; or Purchase > $35,000; or Scheduled for Council Public Works Contract > $125,000 Council approved approved 7/6 7/6/20 PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 7/13/2,GT6 N RB Attorney with printed copy of this routing formZo 6 City Attorney Review and approve hard copy of signed agreement 7/1g62D 7 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) Agreement executed by Council authorized official Attest signatures, retains original agreement andv forwards �1 < �t,or4-L 8 City Manager/ Mayor 9 City Clerk copies to Project Manager