Amendment No. 4 to Agreement/ Mintier Harnish – Zoning Code Update Page 1 Rev. 10/25/2019
Ebix Insurance No. S200003854
AMENDMENT NO. 4
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
MINTIER HARNISH, LP
PREAMBLE
This agreement (“Amendment No. 4”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Mintier Harnish, a California Limited Partnership (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for the Performance of Services by and Between the City of Santa Clara, California, and Mintier Harnish, LP”, dated November 10, 2017 (the “Original Agreement”); B. The Agreement was previously amended by Amendment No. 1, dated August 27, 2019, Amendment No. 2, dated June 29, 2020, Amendment No. 3 dated November 9, 2021 and is again amended by this Amendment No. 4. The Agreement and both previous amendments are collectively referred to herein as the “Agreement as Amended”; and
C. The Parties entered into the Origi nal Agreement for the purpose of having Contractor prepare a comprehensive Zoning Code update, and the Parties now wish to amend the Agreement as Amended to expand the scope and funding as well as extend the termination date.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. Section 5 of the Agreement as Amended, entitled “Term of Agreement,” is hereby amended to revise the termination date of the Agreement to December 31, 2024.
2. Exhibit A of the Agreement as Amended, entitled “Revised Scope of Services,” is hereby appended with the attached “Additional Work,” dated January 4, 2023.
3. That Exhibit B of the Agreement as Amended, entitled “Revised Fee Schedule,” is hereby appended with the attached “Budget for Additional Work,” dated January 4, 2023, and the total to not exceed amount of the agreement is revised to three hundred seventy-three thousand six hundred and ninety dollars ($373,690).
Amendment No. 4 to Agreement/Mintier Harnish – Zoning Code Update Page 2 Rev. 10/25/2019
4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 4, the provisions of this Amendment No. 4 shall control
5. Counterparts: This Amendment No. 4 may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
Office of the City Attorney
City of Santa Clara
Office of the City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax:
(408) 241-6771
“CITY”
MINTIER HARNISH, LP
a California Limited Partnership
Dated:
By (Signature):
Name: Jim Harnish
Title: Principal/Owne r
Principal Place of
Business Address:
1415 20th Street
Sacramento, CA 95811
Email Address: Jim @MintierHarnish.com
Telephone: (916) 446-0522
Fax: (916) 446-7520
“CONSULTANT”
I:\PLANNING\Admin\Contracts\Mintier Harnish\Amendment No. 4\Amendment No. 4 - Mintier Harnish CoSC Zoning Code Update.doc
City of Santa Clara Zoning Code Update
Additional Work
January 4, 2023
Phase 6 Adoption
Tasks 6.1/6.2 Hearing Support
The Consultant will provide support for the Zoning Code adoption hearings. The Consultant will attend up to five Planning Commission and City Council hearings via zoom.
Task 6.3 Final Zoning Code
The Consultant will assist City staff with additional Code revisions that result from public hearings or changes to State law, including SB6 and AB2011. We will prepare an Administrative Final Zoning Code for City staff review. We will facilitate work sessions with City staff to review and discuss the revisions. Based on direction from City staff, we will prepare a Final Zoning Code for publication.
Phase 7 Zoning Map
Task 7.1 Hearing Support
The Consultant will provide support to City staff for the Zoning Map adoption hearings. The Consultant will attend up to three Planning Commission and City Council hearings via zoom.
Task 7.2 Revise Zoning Designations
The Consultant will work with City staff to identify and add new land uses to adopted zoning designations to ensure that existing land uses to continue as conforming uses. We will prepare revised zoning designation descriptions for City staff review. We will facilitate work sessions with City staff to review and discuss the revisions. Based on direction from City staff, we will prepare final zoning designations.
Task 7.3 Prepare General Plan Land Use Designations
The Consultant will assist City staff with revising General Plan land use designations (if necessary) to allow existing uses to continue. We will prepare revised land use designation descriptions for City staff review. We will facilitate work sessions with City staff to review and discuss the revisions. Based on direction from City staff, we will prepare final land use designations.
City of Santa Clara Zoning Code Update
Budget for Additional Work
January 4, 2023
City of Santa Clara Zoning Code
Additional Work
Phase/Task Harnish Gibbons Jacobson Hours Cost
Phase 6
Tasks
6.1/6.2
8 12 12 32 $7,780
Task 6.3 4 24 24 52 $12,440
Subtotal 12 36 36 84 $20,220
Phase 7
Task 7.1 4 8 8 20 $4,840
Task 7.2 4 16 4 24 $5,760
Task 7.3 4 16 4 24 $5,760
Subtotal 12 40 16 68 $16,360
Project
Management
16 24
8 48
$11,720
Total Hours 40 100 60 190
Hourly Rate $260 $235 $240
Labor $10,400 $23,500 $14,400 $48,300
Direct
Expenses
$1,000
Contingency $700
TOTAL
COST
$50,000
Prepared by Mintier Harnish