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HomeMy WebLinkAbout24-11 Approving the First Amendment to the Professional Services Agreement with New IPT INCRESOLUTION NO.24-11 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND NEW IPT INC WHEREAS, upon the Town of Firestone's Board of Trustee's adoption of Resolution 23- 53 the Town of Firestone ("Town") entered into a Professional Services Agreement ("Agreement") with New IPT INC for it to perform services related to the St. Vrain Water Treatment Plant concerning the operation of the injection well and EPA permit compliance; and WHEREAS, New IPT INC has incurred costs not included in the Agreement's Scope of Services because a test for the EPA permit was required much earlier than the parties anticipated; and WHEREAS, it is thus necessary to amend the Agreement's not to exceed amount to include the testing costs incurred by New IPT INC. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The First Amendment to the Professional Services Agreement between the Town of Firestone and New IPT INC is approved in substantially the same form as the copy attached hereto and made a part of this Resolution and the Mayor is authorized to execute the First Amendment on behalf of the Town. INTRODUCED, READ AND ADOPTED this to day of January 2024. ATTEST: Kristi K. Bashor, CMC Town Clerk APPROVED AS TO ]A William P. Hayashi, T Attorney TOWN FIREST NE, COLORADO Drew Alan Peterson, Mayor ���ESTON� �' TOWN m i SEA10 F )16 IVTY.G� FIRST AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND NEW IPT, INC. FOR PROFESSIONAL SERVICES THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is made and entered into effective as of the ! o "/day of 7*#1ua r y, 2024, by and between the TOWN OF FIRESTONE, a Colorado municipal corporation, hereinafter referred to as the "Town", and NEW IPT, INC., a Delaware corporation, hereinafter referred to as the "Consultant" with reference to that certain Professional Services Agreement between the Town and Consultant executed by the Town on May 10, 2023 , known as W2021-9543.01 Firestone Injection Well Support Services, approved with Resolution 23-53, and hereinafter referred to as the "Original Agreement." WHEREAS, the Original Agreement Scope of Services included assistance with well permit compliance, EPA submittals, and coordination with third parties for well testing and improvements, and: WHEREAS, Consultant has expended more time on some elements of the Scope of Services than reasonably anticipated, and: WHEREAS, based on the summary of costs for additional time provided by Consultant, the Parties believe it to be in the best interest to amend the Original Agreement as set forth herein. NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows: Section III of the Original Agreement is hereby amended to increase the not -to -exceed amount of the Original Agreement by $15,000.00 for a new total not -to -exceed amount of $94,786.75. The Original Agreement, as herein amended by this First Amendment, is hereby ratified and confirmed and remains in full force and effect in accordance with its terns. IN WITNESS WHEREOF, the Parties have executed this First Amendment to Consulting Agreement effective as of the day and year first above set forth. Page - 1 TOWN OF FIRESTONE, a Colorado Municipal Corporation f TOWN m SEAL Io° OG CO, �O NTY, GO .e �, By: %% est: 1- Kr•i i " • oi•, ,own erlc I Approved as to Form: By: William a , o orney CONSULTANT: NEW IPT, INC. a Delaware corporation. By: Brian Ervin 3 1'-?uDY Date Title: Managing Director Attest: 'G :)W C� Na e , 2 Date Title: Page - 2