21-112 Approving First Amendment of Part 2B Construction Phase with Integrated Water Services Inc St Vrain Water Treatment Plan Project_11.10.2021 with agreementRESOLUTION NO. 21-112
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING THE FIRST AMENDMENT OF
PART 2B CONSTRUCTION PHASE OF THE TOWN OF FIRESTONE
AND INTEGRATED WATER SERVICES INC.'S ST. VRAIN WATER
TREATMENT PLAN PROJECT AGREEMENT WHEREAS, by adoption of Resolution No. 19-54, the Board of Trustees of the Town of Firestone ("Board") approved an Agreement between the Town of Firestone and Integrated Water Services, Inc., ("IWS") for the St. Vrain Water Treatment Plant Project ("Project") under which IWS 's first task was to provide design services; and WHEREAS, by adoption of Resolution No. 20-56, the Board, in accordance with the Agreement entered into Part 2A Initial Construction Services by which the Town of Firestone ("Town") issued IWS a Notice of Award, accepted IWS's Price Proposal, executed a Notice to Proceed, and approved the parties' Construction Manager Risk on the basis of Cost-Plus Agreement; and WHEREAS, by adoption of Resolution No. 20-89, the Board issued IWS a Notice of Award for Part 2B Construction Phase of the Agreement; and WHEREAS, it has since been determined that the agreement set fmih in Resolution No. 20-89 was a draft and the patiies now desire to adopt the intended final agreement as set forth in the First Amendment of Part 2B Construction Phase of the Town of Firestone and Integrated Water Services Inc. 's St. Vrain Water Treatment Plant Project Agreement ("First Amendment") which is attached hereto and made a part of this resolution; andWHEREAS, the substantive changes to the First Amendment are that the Substantially Complete Work date is 355 calendar days, not 480 calendar days, as set forth in the adopted Part 2B agreement, and that the amount of liquidated damages for completion of the remaining work is $4,000 per day instead of the unspecified amount in the adopted Pati 2B agreement; and WHEREAS, the Total Cost of Work, Construction Manager at Risk Fees, and Guaranteed Maximum Price set fmih in the adopted Part 2B remain unchanged. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The First Amendment to Part 2B Construction Phase of the St. Vrain Water Treatment Plant Project Agreement between the Town of Firestone and Integrated Water Services, 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.