Rancho Palos Verdes City Council
   

AUGUST 3, 2004AMENDMENT TO AGREEMENT BETWEEN THE CITY AND THE PEER REVIEW PANEL REVIEWING THE OCEAN TRAILS PROJECT

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: AUGUST 3, 2004

SUBJECT: AMENDMENT TO AGREEMENT BETWEEN THE CITY AND THE PEER REVIEW PANEL REVIEWING THE OCEAN TRAILS PROJECT

Staff Coordinator: Gregory Pfost, AICP, Deputy Planning Director

RECOMMENDATION

That the City Council authorize the Mayor and City Clerk to execute the proposed First Amendment to Agreements for Professional Services between the City and the Peer Review Panel Members.

DISCUSSION

On September 2, 2003, the City Council approved an agreement between VH Properties and the City; establishing a Peer Review Panel to review a geologic dispute pertaining to Landslide A at the Ocean Trails site. The Council also approved individual contracts between the City and the three respective Peer Review Panel Members.

On July 16, 2004, the City Council approved a Second Agreement between the City and VH Properties. The Agreement expanded the Peer Review Panel's scope of work to include other geologic disputes, including the proposed Clubhouse Expansion and Clay Cap/As-built Report.

This item is simply to amend the existing contracts between the City and the Peer Review Panel Members so as to incorporate the Second Agreement between VH Properties and the City noted in the preceding paragraph.   There are no other changes to the individual Panel Member contracts. 

FISCAL IMPACT

There are no fiscal impacts associated with this decision.

Respectfully submitted:

Joel Rojas, AICP

Director of Planning, Building and Code Enforcement

Reviewed By:

Les Evans

City Manager

ATTACHMENTS

First Amendment to Agreement for Professional Services with Geokinetics

First Amendment to Agreement for Professional Services with AMEC Earth and Environmental

First Amendment to Agreement for Professional Services with Earth Consultants International

FIRST AMENDMENT TO AGREEMENT

FOR PROFESSIONAL SERVICES

THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into as of this ____ day of _________, 2004, by and between the City of Rancho Palos Verdes, a municipal corporation, hereinafter designated as "City", and Earth Consultants International, hereinafter designated "Consultant."

RECITALS

A. City previously entered into an agreement with Consultant, dated September 2, 2003 ("Agreement"), so that one of Consultantís employees, Mr. Eldon Gath, could serve as a member of a panel of three experts ("Panel"), which will provide City and V.H. Properties Corporation ("Developer") with independent third-party review of certain geological and/or geotechnical data that has been prepared in connection with the golf course and single-family development commonly known as Ocean Trails (the "Ocean Trails Project").

B. City and Developer have entered into a Second Agreement so that the Panelís scope of work could be expanded to include other geologic issues affecting the Ocean Trails Project.

C. City and Consultant wish to amend the Agreement to incorporate the provisions of the Second Agreement between Developer and City into this Agreement.

NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

Section 1. Recital A of the Agreement is hereby amended to read as follows:

A. City desires to utilize the services of one of Consultantís employees, Mr. Eldon Gath, to be a member of a panel of three experts that will provide City and V.H. Properties Corporation ("Developer") with independent third-party review of certain geological and/or geotechnical data that has been prepared in connection with the golf course and single-family development commonly known as Ocean Trails (the "Ocean Trails Project"). City and Developer have entered into an Agreement regarding this process, which is attached hereto as Exhibit "A" and incorporated herein by this reference. City and Developer subsequently entered into a Second Agreement regarding this process, which is attached hereto as Exhibit "A-1" and incorporated herein by this reference.

Section 2. Except as expressly amended by this First Amendment to Agreement For Professional Services, all of the provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

CITY OF RANCHO PALOS VERDES

By: _____________________________

Mayor

ATTEST:

By: ________________________

City Clerk

EARTH CONSULTANTíS INTERNATIONAL

"CONSULTANT"

By: __________________________

Eldon Gath

By: __________________________

Exhibit " A-1"

Second Agreement Between City and Developer

FIRST AMENDMENT TO AGREEMENT

FOR PROFESSIONAL SERVICES

THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into as of this ____ day of _________, 2004, by and between the City of Rancho Palos Verdes, a municipal corporation, hereinafter designated as "City", and AMEC Earth & Environmental, Inc., hereinafter designated "Consultant."

RECITALS

A. City previously entered into an agreement with Consultant, dated September 2, 2003 ("Agreement"), so that one of Consultantís employees, Mr. Scott Kerwin, could serve as a member of a panel of three experts ("Panel"), which will provide City and V.H. Properties Corporation ("Developer") with independent third-party review of certain geological and/or geotechnical data that has been prepared in connection with the golf course and single-family development commonly known as Ocean Trails (the "Ocean Trails Project").

B. City and Developer have entered into a Second Agreement so that the Panelís scope of work could be expanded to include other geologic issues affecting the Ocean Trails Project.

C. City and Consultant wish to amend the Agreement to incorporate the provisions of the Second Agreement between Developer and City into this Agreement.

NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

Section 1. Recital A of the Agreement is hereby amended to read as follows:

A. City desires to utilize the services of one of Consultantís employees, Mr. Scott Kerwin, to be a member of a panel of three experts that will provide City and V.H. Properties Corporation ("Developer") with independent third-party review of certain geological and/or geotechnical data that has been prepared in connection with the golf course and single-family development commonly known as Ocean Trails (the "Ocean Trails Project"). City and Developer have entered into an Agreement regarding this process, which is attached hereto as Exhibit "A" and incorporated herein by this reference. City and Developer subsequently entered into a Second Agreement regarding this process, which is attached hereto as Exhibit "A-1" and incorporated herein by this reference.

Section 2. Except as expressly amended by this First Amendment to Agreement For Professional Services, all of the provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

CITY OF RANCHO PALOS VERDES

By: _____________________________

Mayor

ATTEST:

By: ________________________

City Clerk

AMEC EARTH & ENVIRONMENTAL, INC.

"CONSULTANT"

By: __________________________

By: __________________________

Exhibit " A-1"

Second Agreement Between City and Developer

FIRST AMENDMENT TO AGREEMENT

FOR PROFESSIONAL SERVICES

THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into as of this ____ day of _________, 2004, by and between the City of Rancho Palos Verdes, a municipal corporation, hereinafter designated as "City", and Geokinetics, Inc., hereinafter designated "Consultant."

RECITALS

A. City previously entered into an agreement with Consultant, dated September 2, 2003 ("Agreement"), so that one of Consultantís employees, Mr. Glenn Tofani, could serve as a member of a panel of three experts ("Panel"), which will provide City and V.H. Properties Corporation ("Developer") with independent third-party review of certain geological and/or geotechnical data that has been prepared in connection with the golf course and single-family development commonly known as Ocean Trails (the "Ocean Trails Project").

B. City and Developer have entered into a Second Agreement so that the Panelís scope of work could be expanded to include other geologic issues affecting the Ocean Trails Project.

C. City and Consultant wish to amend the Agreement to incorporate the provisions of the Second Agreement between Developer and City into this Agreement.

NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

Section 1. Recital A of the Agreement is hereby amended to read as follows:

A. City desires to utilize the services of one of Consultantís employees, Mr. Glenn Tofani, to be a member of a panel of three experts that will provide City and V.H. Properties Corporation ("Developer") with independent third-party review of certain geological and/or geotechnical data that has been prepared in connection with the golf course and single-family development commonly known as Ocean Trails (the "Ocean Trails Project"). City and Developer have entered into an Agreement regarding this process, which is attached hereto as Exhibit "A" and incorporated herein by this reference. City and Developer subsequently entered into a Second Agreement regarding this process, which is attached hereto as Exhibit "A-1" and incorporated herein by this reference.

Section 2. Except as expressly amended by this First Amendment to Agreement For Professional Services, all of the provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

CITY OF RANCHO PALOS VERDES

By: _____________________________

Mayor

ATTEST:

By: ________________________

City Clerk

GEOKINETICS

"CONSULTANT"

By: __________________________

By: __________________________

Exhibit " A"

Second Agreement Between City and Developer