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AMENDMENT NO. 14 TO AGREEMENT
TO PROVIDE PROFESSIONAL ENGINEERING AND RELATED
ENVIRONMENTAL SUPPORT SERVICES BETWEEN
THE CITY OF FRESNO AND ERM-WEST, INC. (FORMERLY ERM
REMEDIATION & CONSTRUCTION MANAGEMENT WEST, INC.)
THIS AMENDMENT NO. 1 4 TO AGREEMENT TO PROVIDE PROFESSIONAL ENGINEERING AND RELATED ENVIRONMENTAL SUPPORT SERVICES , is made and entered into effective ________________, 2022, by and between the CITY OF FRESNO, a municipal corporation (City), and ERM-WEST, INC., a California Corporation, formerly ERM REMEDIATION & CONSTRUCTIO N MANAGEMENT WEST, INC., an Arizona corporation (Consultant).
RECITALS
WHEREAS, the City on behalf of itself, the Boeing Company (Boeing), and the United States Army Corps of Engineers (USACE) entered into an Agreement to Provide Professional Engineering and Related Environmental Support Services with Consultant dated December 21, 2006 (the "Agreement"), Amendment No. 1 to the Agreement dated February 4, 2011; Amendment No. 2 to the Agreement dated February 17, 2012; Amendment No. 3 to the Agreement dated December 11, 2012; Amendment No. 4 to the Agreement dated September 16, 2013; Amendment No. 5 to the Agreement dated January 30, 2014; Amendment No. 6 dated September 8, 2014; Amendment No. 7 dated February 2, 2015 ; Amendment No. 8 dated March 21, 2016; Amendment No. 9 dated November 16, 2016 ; Amendment No. 10 dated March 27, 2018; Amendment No. 11 dated March 16, 2019 ; Amendment No. 12 dated F ebruary 27, 2020; and Amendment No. 13 dated December 10, 2020 for professional engineering , environmental and remedial actions concerning ground water contamination emanating from the Fresno Yosemite International Airport (“Airport” or, sometimes, “Old Hammer Field”), which services are hereinafter collectively referred to as the "Project"; and WHEREAS, the City, USACE, and Boeing (collectively, the “Parties”) have entered a Settlement Agreement and Order in Case No. 1:06-CV-01559-OWW-GSA, where under these parties entered an Operating Agreement to coordinate the ongoing clean- up including selection and retention of consultants and contractors; and WHEREAS, Consultant is the P arties’ remediation contractor identified in the Settlement Agreement; and
WHEREAS, the City desires to amend the Agreement to provide for certain ongoing additional services; and
WHEREAS, the Parties concur in the ongoing retention of Contractor to perform the ongoing scope of work in this Amendment No. 14 to the Agreement and c oordinate with the Regional Water Quality Control Board (“RWQCB”), as provided herein.
AGREEMENT
NOW THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree as follows:
DocuSign Envelope ID: FAF9F12A-FF5C-4EBD-8B71-B5B61CB23A7F -2-
1. The Consultant shall perform the additional services described in “Proposed 2022 Tasks, Remedial Actions Implementation and Site Monitoring, Old Hammer Field, Fresno California”, attached hereto as Exhibit 1 and incorporated herein (Additional Services).
2. The total fee for satisfactory performance of the Additional Services shall not exceed $361,014, and the total not to exceed fee for satisfactory performance of all services required or rendered pursuant to the Agreement , as amended hereby and as previously amended by Amendment Numbers 1 through 14, shall not exceed $4,674,925.
3. Consultant acknowledges and agrees that pursuant to the Settlement Agreement and Order in City of Fresno v. United States of America, et al. (Case No. 1:06- CV-01559-OWW-GAS in the Federal District Court sitting in Fresno, California) , ninety percent (90%) of the total fees due under this Amendment is to be provided to the City from Boeing (which shall pay 22% of the total payments due to Consultant hereunder to City) and from USACE (which shall pay 68% of the total payments due to Consultant hereunder to City). Accordingly, the City shall not be obligated to compensate Consultant beyond the ten percent (10%) City share until the City has received the foregoing shares from Boeing and USACE.
4. Consultant shall report directly to the City of Fresno, Director of Aviation or a designated representative.
5. Except as expressly provided herein, or as previously set forth in Amendment Numbers 1 through 1 3, all provisions of the Agreement shall continue in effect.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
DocuSign Envelope ID: FAF9F12A-FF5C-4EBD-8B71-B5B61CB23A7F -3-
IN WITNESS WHEREOF, the Parties authorized agents have executed this Amendment No. 14 to Agreement to Provide Professional Engineering and Related Environmental Support Services at Fresno, California, the day and year first above written.
CIT
Y OF FRESNO,
a California municipal corporation
By:
Dire
ctor of Aviation
APPRO
VED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Brandon M. Collet Date
Senior Deputy
AT
TEST:
TODD STERMER, CMC
City Clerk
By:
Deput
y
Addr
esses:
CI
TY:
City of Fresno
Attention: Richard Madrigal
4995 East Clinton Way
Fresno, CA 93727
Phone: (559) 621-4528
ERM-WEST , INC.,
A California corporation
By:
Name: Gregory J. Wheeler
Title:
(If corporation or LLC., Board
Chair, Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any
Applicable Professional License:
Number:
Name:
Date of Issuance:
CONS
ULTANT:
ERM-WEST, INC.
Attention: Gregory J. Wheeler
Partner
5001 California Ave, Suite 205
Bakersfield, CA 93309 - 1692
Phone: 949-623-4700
FAX: 949-623-4711
At
tachment: Exhibit 1
Partner - Area Manager
2472
P.G.
2006
DocuSign Envelope ID: FAF9F12A-FF5C-4EBD-8B71-B5B61CB23A7F 12/20/2021
12/13/2021
EXHIBIT 1
PROPOSED 2022 TASKS
REMEDIAL ACTIONS IMPLEMENTATION AND SITE MONITORING
OLD HAMMER FIELD, FRESNO, CALIFORNIA
TASK DESCRIPTION BUDGET
TOE-OF-PLUME
System O&M - Operate and maintain the toe-of-plume ground water extraction and treatment system. - Conduct monthly water sampling.
- Optimize system operation, as needed.
- Monitor system performance in accordance with WDRs (RWQCB, 2008) and approved RDIP (ERM, 2007). - Redevelop extraction well (one event).
- One carbon change out.
Notes: The routine O&M monthly costs are decreased by approximately $20,000 due to two of the three well redevelopment events estimated for 2021 not occurring. These unused costs will be carried over for use in 2022. $138,564
SITE MONITORING
Ground Water Monitoring (including - Conduct quarterly ground water monitoring in accordance with the approved monitoring plan.
Water Supply Contingency Plan - Monitor supply wells in accordance with the approved Water Supply Contingency Plan (ERM, 2006).
Requirements) - Conduct water level monitoring associated with Well 70 rehabilitation and pump replacement activities. - Prepare quarterly progress reports.
- Complete hydrocapture analysis for TOP and Well 70 pumping activity. - Management of Equis database and setup of analytics dashboard for capture zone. - Assumes the need to install two wells in the B-zone and two wells in the C-zone to meet the request by RWQCB for delineation.
Notes: The estimated spend for 2022 has increased compared to 2021 because of the possible need to install and monitor two additional wells in the C-zone for delineation as requested by the RWQCB. The cost to abandon well HFMW-44B via pressure grout is also included for 2022. In 2021 two additional C-zone wells and well abandonment activities were not included. The estimated cost of well abandonment and to install, sample, and report on those two additional C-zone wells is $110,000. The 2022 costs are decreased by approximately $60,000 due to a delay in the well installation activities. $203,835
PROJECT MANAGEMENT
Project Management - Provide project management, including regulatory interactions, client communications, cost and schedule management, and invoicing.
Notes : The Project Management costs are similar to the 2021 costs. $18,615
Anticipated 2022 Budget Needs/Request = $361,014
REMAINING/UNUSED AUTHORIZED BUDGET FROM 2021 TO BE USED IN 2022 System O&M Phase 10 Approximately $20,000 of the approved budget will remain at the end of 2021 for Phase 10. This is due to only one of the three proposed well development activities from 2021 occurring due to blockage in the wells and the reduced need to visit the site as often with the installation of the remote telemetry. The 2022 proposed budget for System O&M reflects this carry over of 2021 unused budget. $20,000
Site Monitoring Phase 40 Approximately $60,000 of the approved budget will remain at the end of 2021 for Phase 40. The 2022 proposed budget for Site Monitoring reflects this carry over of 2021 unused budget. $60,000 Project Management Phase 50 Approximately $0 of the approved budget will remain at the end of 2022 for Phase 50. $0
Anticipated 2021 Unused Budget to be Used in 2022 = $80,000