HomeMy WebLinkAboutC24-223 Acme Roofing dba Umbrella Roofing_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ACME ROOFING, LLC D/B/A UMBRELLA ROOFING THIS THIRD AMENDMENT (“Third Amendment”) is effective as of ______________ by and between Acme Roofing, LLC d/b/a Umbrella Roofing, a Colorado limited liability company (hereinafter “Contractor”), and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 28th day of June, 2021, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated May 5th, 2022 the term of the Original Agreement was extended to June 28th, 2023; and WHEREAS, by a Second Amendment dated May 10th, 2023 the term of the Original Agreement was extended to June 28th, 2024; and WHEREAS, the term of the Original Agreement expires on the 28th day of June, 2024 and the parties desire to extend the term of the Original Agreement for an additional year and update the compensation amount. THIRD AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to extend the term to the 28th day of June, 2025. 2. County shall compensate Contractor for the performance of the Services in accordance with the fee schedule set forth in Exhibit A3, attached hereto and incorporated herein by reference 3. Capitalized terms in this Third Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Third Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Third Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. DocuSign Envelope ID: DB583F8B-4743-4ABF-AF63-1C6B5C800D5B 5/14/2024 2 5. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR: ACME ROOFING, LLC D/B/A UMBRELLA ROOFING By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: DB583F8B-4743-4ABF-AF63-1C6B5C800D5B Managing Member Deric Barton Acme Roofing, LLC dba: Date: April 29th, 2024 Hourly Rate: $92 per man hour Material Mark up: Cost plus 15% EXHIBIT A3DocuSign Envelope ID: DB583F8B-4743-4ABF-AF63-1C6B5C800D5B