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AMENDMENT NO. 16 TO AGREEMENT
TO PROVIDE PROFESSIONAL ENGINEERING AND RELATED
ENVIRONMENTAL SUPPORT SERVICES BETWEEN
THE CITY OF FRESNO AND ERM, INC.
THIS AMENDMENT NO. 16 TO AG REEMENT TO PROVIDE PROFESSIONAL ENGINEERING AND RELATED ENVIRONMENTAL SUPPORT SERVICES, is made and entered into effective ________________, 2025, by and between the CITY OF FRESNO, a municipal corporation (City), Environmental Resources Management (ERM), Inc., a Pennsylvania 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 Envir onmental 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 February 27, 2020; Amendment No. 13 dated December 10, 2020; Amendment No. 14 dated March 10, 2022; and Amendment No. 15 dated May 31, 2023 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 Amendmen t No. 16 to the Agreement and coordinate with the Regional Water Quality Control Board (“RWQCB”), as provided herein.
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AGREEMENT
NOW THEREFORE, in consideration of th e 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:
1. The Consultant shall perform the additional ser vices described in “Proposed 2025-2026 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 $707,575, and the total not to exceed fee for satisfactory performance of all services required or re ndered pursuant to the Agreement, as amended hereby and as previously amended by Amendment Numbers 1 through 16, shall not exceed $6,171,514.
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 t he 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 15, all prov isions of the Agreement shall continue in effect.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the Parties authorized agents have executed this Amendment No. 16 to Agreement to Provide Professional Engineering and Related Environmental Support Services at Fresno , California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
B y :
Georgeanne A. White
City Manager
B y :
Henry Thompson, A.A.E., C.A.E.,
IAP
Director of Aviation
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
B y :
Christine C. Charitar
Deputy City Attorney
ATTEST:
Todd Stermer, MNC
City Clerk
B y :
Deputy
Addresses:
CITY:
City of Fresno
Attention: PROJECTS
4995 East Clinton Way
Fresno, CA 93727
Phone: (559) 498-5549
ERM, INC.
A Pennsylvania corporation
B y :
Name:
Title:
(If corporation or LLC, Board
Chair, Pres. or Vice Pres.)
B y :
Name:
Title:
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
CONSULTANT:
ERM, INC.
Attention: Gregory J. Wheeler
1920 Main Street,
Suite 300, Irvine, CA 92614
Phone: 949-623-4700
FAX: 949-623-4711