1 SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PLEASANT HILL AND MINTIER HARNISH
This Second Amendment to the Agreement for Professional Services between the City of Pleasant Hill and Mintier Harnish is made on by and between the City of Pleasant Hill (“City”) and Mintier Harnish (“Consultant”) (collectively, the “Parties”).
RECITALS
WHEREAS, City and Consultant entered into an Agreement for Environmental Consulting Services on April 1, 2019 (the “Agreement”) to complete the preparation of an Update to the General Plan, including environmental review, for the City; and WHEREAS, City and Consultant entered into a First Amended Agreement for Environmental Consulting Services on April 7, 2021 (the “Agreement”) to complete the preparation of an Update to the General Plan, including the Housing Element and environmental review, for the City; and
WHEREAS, due to necessary work associated with the rezoning that was uncovered as part of the zoning map update and due to additional study sessions with the City Council to review the comprehensive zoning ordinance update the City wishes to amend the Agreement; and
WHEREAS, City and Consultant now wish to amend the Agreement to revise the scope of work to allow for the additional work necessary for the comprehensive zoning ordinance update.
NOW, THEREFORE, the Parties agree as follows:
AMENDED TERMS
1. Exhibit 1 to the Agreement, Scope of Services and Schedule of Charges, is hereby amended to include the additional tasks referenced by this Amended Agreement; the complete amended version of Exhibit 1 is attached hereto, now entitled Additional Scope of Services and Schedule of Charges for Additional Work, and incorporated herein by reference.
2. Paragraph 3 of the Agreement, Compensation, is hereby amended in its entirety to read as follows:
“Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, Additional Scope of Services and Schedule of Charges for Additional Work, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed $1,313,885 without additional authorization from the City. Payment by City under this Amended Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.” 2 3. All other provisions of the Agreement shall remain in effect.
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to the Agreement for Professional Services to be executed on the date first written above.
CITY OF PLEASANT HILL: CONSULTANT:
__________________________ By (signature):
Ethan Bindernagel, City Manager Name/Title: Jim Harnish, Principal/Owner Business License #: 0000043365
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Janet E. Coleson Lyone Conner
City Attorney City Clerk