-1-
AMENDMENT NO. 13 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. 13 TO AGREEMENT TO PROVIDE PROFESSIONAL ENGINEERING AND RELATED ENVIRONMENTAL SUPPORT SERVICES , is made and entered into effective ________________, 2020, by and between the CITY OF FRESNO, a municipal corporation (City), and ERM-WEST, INC., a California Corporation, formerly ERM REMEDIATION & CONSTRUCTION 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 ( 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; and Amendment No. 12 dated February 27, 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 Agr eement 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. 13 to the Agreement and coordinate 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:
December 10th
DocuSign Envelope ID: AD636128-ED12-4ADA-A847-93F70C1B89CF DocuSign Envelope ID: C69FF484-1CEE-4482-84C6-7C9B71610E34 -2-
1. The Consultant shall perform the additional services described in “Proposed 2021 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 $210,732, 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 A mendment Numbers 1 through 1 3, shall not exceed ($4,313,911).
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 Dis trict 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 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 2, all provisions of the Agreement shall continue in effect.
[Signatures follow on the next page.]
DocuSign Envelope ID: AD636128-ED12-4ADA-A847-93F70C1B89CF DocuSign Envelope ID: C69FF484-1CEE-4482-84C6-7C9B71610E34 -3-
IN WITNESS WHEREOF, the Parties authorized agents have executed this Amendment No. 13 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
By:
Kevin Meikle
Director of Aviation
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Brandon M. Collet Date
Senior Deputy
ATTEST:
YVONNE SPENCE, CMC MMC
City Clerk
By:
Deputy
Addresses:
CITY:
City of Fresno
Attention: Kevin R. Meikle
4995 East Clinton Way
Fresno, CA 93727
Phone: (559) 498-5549
ERM-WEST, INC.,
A California corporation
By:
Name:
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:
CONSULTANT:
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
Gregory J. Wheeler
Partner - Area Manager
2472
P.G.
2006
DocuSign Envelope ID: AD636128-ED12-4ADA-A847-93F70C1B89CF 11/23/2020
11/23/2020
DocuSign Envelope ID: C69FF484-1CEE-4482-84C6-7C9B71610E34 12/11/2020
-1-
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 DocuSign Envelope ID: 9EAEFE2B-4D24-48EA-9B93-1F5C98140AAC 3/10/2022
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AMENDMENT NO. 15 TO AGREEMENT
TO PROVIDE PROFESSIONAL ENGINEERING AND RELATED
ENVIRONMENTAL SUPPORT SERVICES BETWEEN
THE CITY OF FRESNO AND ENVIRONMENTAL RESOURCES MANAGEMENT, INC. (FORMERLY ERM-WEST, INC.) (FORMERLY ERM
REMEDIATION & CONSTRUCTION MANAGEMENT WEST, INC.)
THIS AMENDMENT NO. 1 5 TO AGREEMENT TO PROVIDE PROFESSIONAL ENGINEERING AND RELATED ENVIRONMENTAL SUPPORT SERVICES , is made and entered into effective ________________, 2023, by and between the CITY OF FRESNO, a municipal corporation (City), and Environmental Resources Management , INC., a Pennsylvania Corporation, formerly ERM-West, formerly ERM REMEDIATION & CONSTRUCTION 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 February 27, 2020; Amendment No. 13 dated December 10, 2020; and Amendment No. 14 dated January 13, 2022 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 here inafter 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. 15 to the Agreement and coordinate with the Regional Water Quality Control Board (RWQCB), as provided herein.
DocuSign Envelope ID: A40A3F4E-0566-4415-BBAB-721BEBF56ACC DocuSign Envelope ID: 8CEFB037-4593-4B1F-AF48-581ED571351D 5/31/2023
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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:
1. The Consultant shall perform the additional services described in “Proposed 2023 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 fo r satisfactory performance of the Additional Services shall not exceed $789,014, 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 15, shall not exceed $5,463,939.
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 4, all provisions of the Agreement shall continue in effect.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
DocuSign Envelope ID: A40A3F4E-0566-4415-BBAB-721BEBF56ACC DocuSign Envelope ID: 8CEFB037-4593-4B1F-AF48-581ED571351D -3-
IN WITNESS WHEREOF, the Parties authorized agents have executed this Amendment No. 15 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:
Henry Thompson
Dir
ector of Aviation
APPRO
VED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Brandon M. Collet Date
Supervising Deputy City Attorney
AT
TEST:
TODD STERMER, CMC
City Clerk
By:
Deput
y
Addr
esses:
CI
TY:
City of Fresno
Attention: Henry Thompson
4995 East Clinton Way
Fresno, CA 93727
Phone: (559) 498-5549
Env
ironmental Resources Management ,
INC.
A Pennsylvania corporation
By:
Nam
e:
Tit
le:
(If corporation or LLC., Board
Chair, Pres. or Vice Pres.)
By:
Nam
e:
Tit
le:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any
Applicable Professional License:
Number:
Name:
Date of Issuance:
Env
ironmental Resources Management,
INC.
Attention: Gregory J. Wheeler
Partner
5001 California Ave, Suite 205
Bakersfield, CA 93309 - 1692
Phone: 949-623-4700
FAX: 949-623-4711
2472
P.G.
2006
Gregory J. Wheeler
Secretary
Truong Mai
Vise President
DocuSign Envelope ID: A40A3F4E-0566-4415-BBAB-721BEBF56ACC 4/27/2023
4/27/2023
4/27/2023
4/27/2023
DocuSign Envelope ID: 8CEFB037-4593-4B1F-AF48-581ED571351D 5/31/2023
6/1/2023
-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 DocuSign Envelope ID: 9EAEFE2B-4D24-48EA-9B93-1F5C98140AAC -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
DocuSign Envelope ID: 9EAEFE2B-4D24-48EA-9B93-1F5C98140AAC 3/10/2022
3/15/2022