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Home My WebLink AboutAmendment No 5 to Beck's Lake Project Consulting Agreement - Veritas Consulting, LLC ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU 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 February 13, 2024 Mr. Richard T. Brown Veritas, LLC 30845 Rockinghorse Ln. Niles, MI 49120 rick.brown.veritasllc@outlook.com RE: Amendment No. 5 to Beck's Lake Project Consulting Agreement Dear Mr. Brown: At its February 13, 2024 meeting, the Board of Public Works approved the above referenced amendment for consulting for Beck’s Lake Remediation in an amount not to exceed $80,000 or 800 hours of work. 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, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh FIFTH AMENDMENT TO BECK'S LAKE PROJECT CONSULTING AGREEMENT This Fifth Amendment to Beck's Lake Project Consulting Agreement (this "Fifth Amendment") is made effective as of January 1, 2024 (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"). 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, 2020, 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, 2020, 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 l, 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 entered into a Fourth Amendment of the Agreement effective January 1, 2023, extending the consulting period until December 31, 2023; and F. The City and the Contractor now desire to further amend the terms of the Consulting Agreement to extend the consulting period through December 31, 2024 in this Fifth Amendment. NOW THEREFORE, in consideration of the mutual promises and obligations in this Fifth Amendment, 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 l(a) of the Agreement is amended as follows: Term. The term of the Agreement is extended through December 31, 2024. 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 $80,000 during the 2024 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 2024 is One Hundred Dollars ($100.00) per hour for up to 800 hours of work, i.e., up to $80,000. Hours will be recorded each month and invoiced on the last day of the month. b. The Agreement expires on December 31, 2024. 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. The Parties agree to review this relationship upon the completion of the LaSalle Park improvements which is expected to occur near the end of the 2nd Quarter of 2024. 4. Unless expressly modified by this Fifth Amendment, the terms and provisions of the Agreement, as amended remain in full force and effect. 5. Capitalized terms used in this Fifth Amendment will have the meanings set forth in the Agreement unless otherwise stated herein. 6. This Fifth 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 Fifth 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 February 13, 2024 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 1/18/24 Name: Michael J Schmidt Department of Public Works – Engineering Division BPW Date: 2/13/24 Phone Extension: Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney Attorney Name Michael Schmidt Purchasing Mickey Lovy 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 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 5th Amendment to Professional Services Agreement Project Number Funding Source 226-04-405-412-431016 Account No. PO #14519 Amount Not to exceed $80,000 or 800 hours of work Terms of Contract Special Contract Provisions Purpose/Description Beck’s Lake Remediation Work Consultation For Change Orders Only Amount of Increase Decrease $80,000 NTE ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: