Report to Carson Reclamation Authority
Wednesday, November 07, 2018
Consent
SUBJECT:
Title
CONSIDER AMENDMENT NUMBER 8 TO A SPECIAL COUNSEL ENGAGEMENT AGREEMENT WITH GREENBERG TRAURIG, LLP FOR LEGAL SERVICES RELATED TO RISK MANAGEMENT AND REGULATORY ISSUES THROUGH DECEMBER 31, 2018, IN A NOT-TO-EXCEED AMOUNT OF UP TO $312,950
Body
I. SUMMARY
The Authority originally contracted in May, 2016 with Greenberg Traurig, LLP (GT) to provide it and the Authority's legal counsel specific legal assistance in the procurement of a new Pollution and Remediation Legal Liability Policy and associated negotiations on the Environmental Protection Program Policy and with Tetra Tech, the environmental contractor. The firm continues to provide technical legal work to the CRA in a number of environmental areas.
The Second Amendment took the contract to May 31, 2017 and included follow-on work on the financial assurance, negotiating the Master Horizontal Developer contract, structuring the insurance programs in cooperation with Macerich (OPPI wrap program), as part of the Macerich MOU, prevailing wage issues in the O&M contract, and other technical regulatory issues with DTSC.
The Third Amendment was to approve a Legal Project Management system to create the unified document portal for all of the developers and contractors containing regulatory documents, contracts, plans, designs, budgets, etc.
The 4th amendment was largely focused on the placement of the Development PLL in a facultative reinsurance product, as well as providing legal support to the CRA on insurance, indemnity and surety issues related to a number of new contractors being added to the project through the RES Environmental Risk Manager contract. Also included was the development of a number of new regulatory documents, including the "Roadmap to Occupancy" (being developed by RES), resolution of the "site soils" issue, the Environmental Covenant, Institutional Control Plan and Environmental CCRs.
The 5th Amendm...
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