HomeMy WebLinkAboutAmendment No. 3 to Beck’s Lake Project Consulting Agreement – Richard T. Brown, Independent Contractor, Veritas LLC
ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
December 21, 2021
Mr. Richard T. Brown, Independent Contractor
Veritas LLC
30845 Rockinghorse Lane
Niles, MI 49120
rick.brown.veritasllc@outlook.com
RE: Amendment No. 3 to Beck’s Lake Project Consulting Agreement
Dear Mr. Brown:
At its December 21, 2021 meeting, the Board of Public Works approved the above
referenced amendment for the Extension of Engagement through December of 2022.
Enclosed please find the original of the amendment for your signature. Please sign and
return the original amendment to lhensley@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/ Laura Hensley/Acting
Clerk
Enclosures
THIRD AMENDMENT TO BECK’S LAKE PROJECT
CONSULTING AGREEMENT
This Third Amendment to Beck’s Lake Project Consulting Agreement (this “Third
Amendment”) is made effective as of January 1, 2022 (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 entered into a Second Amendment of the
Agreement effective January 1, 2021, extending the consulting period until December 31,
2021; and
D.The City and the Contractor now desire to further amend the terms of the
Consulting Agreement to extend the consulting period through December 31, 2022 in this
Third Amendment.
NOW THEREFORE, in consideration of the mutual promises and obligations in this
Third Amendment, the Second Amendment, the First Amendment and the Consulting
Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree
as follows:
1.Section 1(a) of the Agreement is amended as follows:
Term. The term of the Agreement is extended through December 31, 2022.
2.Section 5(a) of the Agreement is amended as follows:
Compensation. Compensation will be at One Hundred Dollars ($100.00) per
hour, with the total not to exceed $160,000 during the 2022 term of the
Agreement.
3.The “Funding and Timeline” section of Exhibit A is amended as follows:
Funding and Timeline
(a)The fee for calendar year 2022 is One Hundred Dollars ($100.00) per
hour for up to 2,000 hours of work, i.e., up to $160,000. Hours will be
re16corded each month and invoiced on the last day of the month.
(b)Agreement expires on December 31, 2022.
(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.
4.Unless expressly modified by this Third Amendment, the terms and provisions of the
Agreement remain in full force and effect.
5.Capitalized terms used in this Third Amendment will have the meanings set forth in
the Agreement unless otherwise stated herein.
6.This Third Amendment may be executed in multiple counterparts, each of which
shall be deemed an original.
(Signatures appear on the following page)
IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment to
Beck’s Lake Project Consulting Agreement to be effective as of the Effective Date stated above.
VERITAS, LLC CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Richard T. Brown
Elizabeth A. Maradik, President
Title
Gary A. Gilot, Member
Date
Jordan V. Gathers, Member
Joseph R. Molnar, Member
Murray L. Miller, Member
ATTEST:
Laura Hensley, Interim Clerk
December 21, 2021
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date: 12/14/2021
Name: Sandra Kennedy Law Department
BPW Date: 12/21/2021 Phone Extension: Ext. 9241
Required Prior to Submittal to Board
BPW Attorney X Attorney Name
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name Richard T. Brown, Independent Contractor, Veritas LLC
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Beck’s Lake/LaSalle Park Superfund Project
Project Number NA
Funding Source Professional Services EPA
Account No. # 226-04-405-412-431016
Amount $160,000
Terms of Contract Extension of engagement through December of 2022
Purpose/Description Manage remedial work at LaSalle Park area of Beck’s Lake to assist with
EPA deliverables commencing the Spring of 2022.
For Change Orders Only
Amount of Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
Decrease
%
( %)
Time Extension Amount:
New Completion Date: