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HomeMy WebLinkAboutERM-West - Amdt. No. 13 - Engineering and Enviornmental Support Services - 2020-1- 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 Parties’ 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. 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-A847-93F70C1B89CFDocuSign 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 Amendment Numbers 1 through 13, 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 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 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 12, all provisions of the Agreement shall continue in effect. [Signatures follow on the next page.] DocuSign Envelope ID: AD636128-ED12-4ADA-A847-93F70C1B89CFDocuSign 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