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HomeMy WebLinkAbout2016 CON Tierra West Advisors - West Side Specific Plan Amortization Services - Amendment #1FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TIERRA WEST ADVISORS, INC. THIS FIRST AMENDMENT TO THE AGREEMENT, is entered into this 1st day of November, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and Tierra West Advisors, Inc., a California Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY and CONSULTANT entered into an Agreement on March 5, 2016 to provide Implementation Services for the Amortization of Non -conforming Uses in the Westside Specific Plan Area (the "PROJECT") for the not to exceed amount of $25,000; and WHEREAS, the CITY and CONSULTANT have identified additional necessary services and several remaining outstanding tasks required to complete the PROJECT; and WHEREAS, the current PROJECT budget not to exceed amount of $25,000 has been depleted; and WHEREAS, the CONSULTANT has prepared a revised timeline and budget for the additional services and tasks that are necessary to complete the PROJECT; and WHEREAS, the parties desire to amend the Agreement to increase the not to exceed amount by $25,000 with a total AMENDED AGREEMENT budget to a not to exceed amount of $50,000, and to increase the scope of work as set forth in attached Exhibit "A". NOW, THEREFORE, the parties hereto agree that the Agreement entered into on November 1, 2016 shall be amended as follows: 1. The Scope of Work shall be increased to include the scope as set forth in Exhibit A for the not to exceed amount of $25,000, for a total not to exceed amount of $50,000. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated March 5, 2016, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. [Signature Page to Follow] CITY OF NATIONAL CITY Leslie Deese City Manager APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney TIERRA WEST ADVISORS, INC. (Corporation — signatures of two corporate officers) 1/1A\71 iOnv\ N \.(uno1 (Print) 1VAC1 (Title). By:(.t�--. (Name) PsCO\ \( oM\ (Print) CC (Title) EXHIBIT A T IERRAWEST ADVISORS October 1 1 , 2016 Brad Raulston Community Development Director of National City 1 234 National City Boulevard National City, CA 91950 Dear Mr. Raulston, Pursuant to our conference call on September 28th, Tierra West Advisors, Inc. (Tierra West) and City Staff have identified additional required services and several remaining outstanding tasks required to complete the Westside Specific Plan Amortization project ("Project"). The Timeline outlined below is based on the schedule discussed on our call of the 28th; the schedule may be dynamic and subject to constituent, City Staff and Elected responses. The outline provides a detailed budget breakdown of hours estimated for each task and based on the assumption that the Project will be completed by the Spring of 2017. As of October 11, 2016 we have almost reached the original budget amount of $25,000 billed so far. We've estimated that an additional budget of 155 hours of consultant work is required to thoroughly address the eight (8) remaining tasks required to complete the Project. As a result of the shortfall in budget, Tierra West is requesting an amendment to the current contract for a budget increase of $25,000 for a total of $50,000. The following tasks and hours were estimated by Tierra West: Task 8 Date Tasks Estimated Hours 1 City Council Meeting 2 60 - day noticing period 3 60 - day noticing period 4 60 - day noticing period 5 60 - day noticing period 6 Planning Commission Meeting 7 City Council Meeting 8 City Council Meeting Total Hours 1/17/2017 1/18/2017 - 3/20/2017 1/18/2017 - 3/20/2017 1/18/2017 - 3/20/2017 1/18/2017 - 3/20/2017 4/3/2017 4/18/2017 5/2/2017 City Staff/TWA presents agenda item - publish Ranking, intent to meet with Top 10 on Ranking, and intent to amortize 5 non -conforming uses TWA responses (field phone calls from Business and Property Owners) 5 meetings with property owners, coordination and reachout for these meetings 2 meetings with Business Valuation Consultant to determine amortization period Refinement of Rankings PC approval 1st Reading of the Ordinance for Final Order 2nd Reading of the Ordinance for Final Order 10 20 60 10 25 10 10 10 155 Should you have any questions or concerns please do not hesitate to contact us. Respectfully, TIERRA WEST ADVISORS, INC. ohn Yona Principal rew ee nior Associate CERTIFICATE OF LIABILITY INSURANCE DATE-.DD,Yrz) v THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDmONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorserrient(s). +vrarxlcm BOUERMASTER & ASSC INS AGENCY/PBS 181918 P: (866) 467-8730 F: (888) 443-6112. PO BOX 33015 SAN ANTONIO M.' 78265 CONTACT NAt1E: WAC.No. Ecr; (866) 467-8730 rax ,,,,,: (888) 443-6112 INSURERS` AFFORDING CCVEPAGE NAM INSURER A: Twln ,;it: Ff.2.y in. �J TIERRA WEST ADVISORS, INC. 2616 E 3RD ST LOS ANGELES CA 90033 rnvirpAtZVC INSURER D 1NSUREi C: INS.IRERD: INSURER E: 1Nf'SRE, F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND COMMONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ L1;t TYPE O 1"..C1;....v.;G ADDL BM. SUM I•m FOLIC:T.'/NB-1: F.:J2CPFtF Y.0 '/la�_- I-JLJLY.,d' 1Otr_.'r:af.1 L1EC7 COMMERCIAL GENERAL LIABILITY EACH OCC[RRRVCE CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occuncnce) MED EXP (Any cne person) PERSONAL & ADJ INJURY GEN'L AGalEGATE LIMIT APPLIES PER: GENERAL AGGREGATE ma- POLICY ri JECT LOC PRODUCTS - COMP/OP :GG . OTHER AUTOMOBILE LWBILMTY COMBINED SINGLE LIMIT Fa sacklent) i ANY AUTO BODILY INJURY ,"Per parson) •; OWNED :,CHED'JLED — AUTOS ONLY AUTOS BODILY 1NJU.2Y (Per auidar) HIRED NON _ ONLY -OWNED AI'TOS ONLY PROPERTY DAMAGE (Per arc:dent) Jj u LIAUTOS UMBRELLA ABr C7cUR EACH OCCU F.EJCE EXCESS LIAH CLAIMS -MADE ; ,CRECATE DEri RETENTION s ^C'L . oli.te:',, rJW AAiJE'a".LJY..• ; L'.1r? r,1 IPEP % I b"D'ATUTE mi- ER ANY PROPRIETOR/PARTNER/Ei.ECC,T14 cy/N OFFICER/MEMBER EXCLUDED? EL. EACH ACCIDENT ' 1, 000, 000 .i':._ efandeny' NH) k.A 7'. WEC Lf54: if" /n7,.:J1ti 3.0 u1,'_n17 ELDISEASE-EAEMPLOYEE '1, 000, 000 If ;,es, describe under E.L. DISEASE - POLICY LIMIT ' 1 , 000, 000 , DESCRIPTION OFOPERA T1CNS/LOCATIONS/ VEHICVISORD 101 Additional Remarks Schedule, may be attached if more space le required) Those usual to the Insuzed's Operations. SEE COVER PAGE nrnrIr.ra-r YYIN. r.irw CANCELLATION City of National City and Conuaunitl Attn: Attorney's Office 1243 NATIONAL CITY BLVD NATICNAL CITY, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRETAnvE 0 1988-2015 ACORD CORPORATION. All rights reserved. CORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AWRO TIERWES-01 JDOAN CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0D79613 Bowermaster & Associates Insurance Agency, Inc. 10805 Holder Street, Suite 350 Cypress, CA 90630 INSURED Tierra West Advisors, Inc. 2616 East 3rd Street Los Angeles, CA 90033 CONTACT NAME: PHONE (A/c, No, Ext): (714) 733-6200 FAX No):(714) 252-8253 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Ohio Security Insurance Company INSURER B : Twin City Fire Insurance Company 129459 INSURER C : Scottsdale Insurance Company 41297 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INK)WVD SUBR POLICY NUMBER POLICY EFF (MM/DD/YYYY1 POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X BZS55709073 10/01/2016 10/01/2017 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR E TO RENTED PREMISESjEaoccurrence) $ 2,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 4,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES JET PER: LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED x SCHEDULED AUTOS AUT S ONLY BZS55709073 10/01/2016 10/01/2017 COMBINED SINGLE LIMIT (Ea accident) 2,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY accident) DAMAGE $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTIONS B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER ANY OFFICER/MEMBER XRTNER/ ? EXECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N / A X 72WECLY5490 10/01/2016 10/01/2017 " PERTUTE OTH- E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C C Misc. Profess. Liabi Misc. Profess. Liabi EKI3196975 EKI3196975 08/15/2016 08/15/2016 08/15/2017 08/15/2017 Each Claim/Aggregate Retention 2,000,000 15,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of National City and Community Development Commission of the City of National City are Additional Insured as respects General Liability per form General Liability per form BP79960713. Waiver of Subrogaiton applies to Work Comp per form WC040306. ANCELLATION Cityof National Cityand CommunityDevelopment p Commission of the City of National City Attn: City Attorney's Office 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ad> THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEC LY5490 Endorsement Number: Effective Date: 10 / 01 / 16 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: TIERRA WEST ADVISORS, INC. 2616 E 3RD ST LOS ANGELES, CA 90033 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD C/O CITY ATTORNEYS OFFICE NATIONAL CITY CA 91950 ATTN: GREG CARPENTER CONTRACT PLANNINA SU000RT CITY OF EL SEGUNDO, PLANNING & SERVICES BUILDING SAFETY DEPARTMENT, 350 MAIN ST EL SEGUNDO, CA 90245 CITY OF GARDEN GROVE 11222 ACACIA PARKWAY GARDEN GROVE, CA 92840 Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 0 8 / 13 / 16 CONSULTING FOR CITY GENERAL PLAN UPDATES Authorized Representative Policy Expiration Date: 10 / 01 / 17 AGENCY CUSTOMER D: LOCO: ADDITIONAL REMARKS SCHEDULE Page of AGENCY BOWERMASTER & ASSC INS AGENCY/PHS POLICY NUMBER SEE ACORD 25 CARRIER SEE ACORD 25 NAIC CODE NAMED INSURED TIERRA WEST ADVISORS, INC. 2616 E 3RD ST LOS ANGELES CA 90033 EFFEmumwaE SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE City of National City and Community, Development Commission of the City of National City, its elected, officers, agents and employees and the Community Development Commission of the City of National City are Additional Insureds per the Business Liability Coverage Form SS0008 attached to this policy. Waiver of Subrogation applies in favor of the Certificate holder per the Extended Broad Form Endorsement WC990302 attached to this policy. WM MM mom MUM IMO ACORD 101 (2014/01) ©2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD r clarai November 16, 2016 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk Mr. John Yonai Tierra West Advisors, Inc. 2616 East 3rd Street Los Angeles, CA 90033 Dear Mr. Yonai, On November 1 St, 2016, a First Amendment to an Agreement was entered into between the City of National City and Tierra West Advisors, Inc. We are enclosing for your records a fully executed original Amendment. Michael R. Dalla, CMC City Clerk Enclosure