Loading...
HomeMy WebLinkAboutAmendment No 4 to Consulting Agreement - Beck's Lake 12-31-2023 – Veritas, LLC1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS March 14, 2023 Mr. Richard Brown Veritas, LLC 30845 Rockinghorse Ln. Niles, MI 49120 RE: Amendment No. 4 to Consulting Agreement Dear Mr. Brown: At its March 14, 2023 meeting, the Board of Public Works approved the above referenced amendment to extend the consulting agreement period for the Beck's Lake Project until December 31, 2023 in the amount of $100 per hour in an amount not to exceed $160,000. Enclosed please find a copy of the amendment for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER FOURTH AMENDMENT TO BECK'S LAKE PROJEcr CONSULTING AGREEMENT This Fourth Amendment to Beck's Lake Project Consulting Agreement (this "Fourtm Amendment") is made effective as of January 1, 2023 (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 46601 (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" 1_ 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 entered into a Third Amendment of the Agreement effective January 1, 2022, extending the consulting period until December 31, 2022; and E. The City and the Contractor now desire to further amend the terms of the Consulting Agreement to extend the consulting period through December 31, 2023 in this Fourth Amendment. NOW THEREFORE, in consideration of the mutual promises and obligations in this Fourth Amendment, 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, 2023. 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: Eu—nding and Timeline a. The fee for calendar year 2023 is One Hundred Dollars ($100.00) per hour for up to 1,600 hours of work, i.e., up to $160,000. Hours will be recorded each month and invoiced on the last day of the month. b. Agreement expires on December 31, 2023. c. Contractor will work diligently 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 Fourth Amendment, the terms and provisions of the Agreement, as amended remain in full force and effect. 5. Capitalized terms used in this Fourth Amendment will have the meanings set forth in the Agreement unless otherwise stated herein. 6. This Fourth 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 Fourth Amendment to Beck's Lake Project Consulting Agreement to be effective as of the Effective Date stated above. VERITAS, LLC Richard T. Brown Title Date CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS lam" Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member "7TL Joseph R. Molnar, Vice President Jordan V. Gathers, Member 611 //. Attest: Theresa M. Heffner, Clerk Date: March 14, 2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 3/3/23 Name Michael Schmidt Department Legal BPW Date 3/14/23 Phone Extension 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-1 Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Michael Schmidt Michael Schmidt — Reauired for All Submissions ® Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information Veritas, LLC U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution Ease./Encroach ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No ❑ WBE Completed E-Verify Form Attached ❑❑ Neos 4th Amendment Beck's Lake Project Consulting Agreement 226-04-405-412-431016 $100/hour not to exceed $160,000 _PO 14509 For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change: New Amount Increase % Decrease ( % Increase % Total Percent of Change: Decrease % Time Extension Amount: New Completion Date: