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HomeMy WebLinkAboutSecond Amendment to Consulting Agreement - Extend Current Agreement through Dec 31, 2021 Managing Remedial Work – Veritas, LLC1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 10, 2020 Mr. Richard T. Brown Veritas, LLC 30845 Rockinghorse Ln. Niles, MI 49120 Rick.BrownkVeritasllc. koutlook. com RE: Second Amendment to Consulting Agreement Dear Mr. Brown: PHoNE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on November 10, 2020, approved the above referenced amendment to extend the current agreement through December 31, 2021, for managing remedial work at Beck's Lake Site to assist with EPA deliverables not to exceed the amount of $200,000. Enclosed please find the original of the amendment for your signature. Please sign and return the original amendment to lhensley(a,southbendin.gov. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR SECOND AMENDMENT TO BECK'S LAKE PROJECT CONSULTING AGREEMENT This Second Amendment to Beck's Lake Project Consulting Agreement (this "Second Amendment") is made effective as of January 1, 2021 (the `Effective Date"), by and between the City of South Bend, Indiana, acting by and through its Board of Public Works, having its principal offices at 227 W. Jefferson Blvd., South Bend, IN 6601 (hereafter the "City"), and Veritas, LLC, owned by Mr. Richard T. Brown, with primary offices at 30845 Rockinghorse Lane, Niles, MI 49120 (hereafter the "Contractor") (each a "Party" and collectively, the "Parties"). RECITALS A. The City and the Contractor entered into that certain Beck's Lake Project Consulting Agreement dated June 26, 2018 (the "Agreement"), consulting period from July 1, 2018 through December 31, 2018, for provision of project coordinator services to the City and Honeywell International, Inc., to manage the Superfund project, as defined in the Agreement; and B. The City and the Contractor entered into a First Amendment of the Agreement effective January 1, 2018, extending the consulting period until December 31, 2020; and C. The City and the Contractor now desire to further amend the terms of the Consulting Agreement to extend the consulting period through December 31, 2021 in this Second Amendment. NOW THEREFORE, in consideration of the mutual promises and obligations in this Second Amendment, the First Amendment and the Consulting Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: Sections 1(a) and 5(a) of the Agreement are amended as follows: (a) Term. The term of the Agreement is extended through December 31, 2021. (b) Compensation. Compensation will be at One Hundred Dollars ($100.00) per hour, with the total not to exceed $200,000 during the 2021 term of the Agreement. 2. The "Funding and Timeline" section of Exhibit A is amended as follows: Funding and Timeline (a) The fee for calendar year 2021 is One Hundred Dollars ($100.00) per hour for up to 2,000 hours of works, i.e., up to $200,000. Hours will be recorded each month and invoiced on the last day of the month. (b) Agreement expires on December 31, 2021. (c) Contractor will spend on average approximately 16 hours per week on the Project with the understanding that the nature of this Project may require less or more effort depending on the requirements of the PRPs, USEPA, or the established schedule of project events and deliverables. 3. Unless expressly modified by this Second Amendment, the terms and provisions of the Agreement remain in full force and effect. 4. Capitalized terms used in this Second Amendment will have the meanings set forth in the Agreement unless otherwise stated herein. 5. This Second Amendment may be executed in multiple counterparts, each of which shall be deemed an original. (Signatures appear on the following page) 2 IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to Beck's Lake Project Consulting Agreement to be effective as of the Effective Date stated above. VERITAS, LLC Richard T. Brown BOARD OF PUBLIC WORKS Gary A. Gilot, President Title Date Elizabeth A. Maradik, Member tcDe_ �(Tietu.- Therese J. Doran, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: -42111da 01' aR2itz Linda M. Martin, Clerk 3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date November 5, 2020 Name Stephanie Steele Department Law BPW Date November 10, 2020 Phone Extension Ext. Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ® Attorney Name Dept. Attorney ® Attorney Name Purchasing ❑ Check the Appropriate Item I Professional Services Agreement ❑ Contract ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. I -I Other: Clara McDaniels Clara McDaniels — Reauired for All Submissions ® Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution Ease./Encroach Company or Vendor Name Richard T. Brown, Independent Contractor, Veritas, LLC New Vendor ❑ Yes❑ If Yes, Approved by Purchasing ® No MBE/WBE Contractor ❑ MBE Completed E-Verify Form Attached ❑❑ Yes No Project Name Beck's Lake Superfund Project Project Number NA Funding Source Professional Services EPA Account No. 226-0412-672-39-02 Amount $200,000 Terms of Contract Extension of engagement through December 31, 2021 Purpose/Description Manage remedial work at LaSalle Park area of Beck's Lake to assist with EPA deliverables commencing the Spring of 2021. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease ( % Time Extension Amount: New Completion Date: