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Home My WebLink AboutC25-201 Sun-Up Sealcoats LLC_second amendment SECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND SUN-UP SEALCOATS LLC THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _______________, by and between Sun-Up Sealcoats LLC, 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 twenty-sixth day of June, 2024, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Contractor would perform certain duties with compensation in an amount not to exceed $91,425.61; and WHEREAS, County and Contractor entered into a first amendment to the original agreement dated the ninth day of October, 2024, for certain Services (the “First Amendment”); and WHEREAS, the First Amendment contemplated that the Contractor would perform certain duties with compensation in an amount not to exceed $95,869.69; and WHEREAS, County desires to have Contractor perform additional Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the fifteenth day of November, 2026, but should be amended to clarify expiration on the fifteenth day of November, 2025. SECOND 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 include additional Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $159,186.72 or a total maximum compensation under the Original Agreement, the First Amendment, and this Second Amendment of $255,056.41. Docusign Envelope ID: 5D3D7C6D-AAC5-4521-B9C9-B4E261C8C5CD 5/21/2025 1.Paragraph 3 of the Original Agreement is hereby amended as follows: “Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 15th day of November, 2025.” 2.Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this Second 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. 4. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _____________________________ Becky Close, Clerk to the Board CONTRACTOR Benjamin Barron, Sun-up Sealcoats By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: 5D3D7C6D-AAC5-4521-B9C9-B4E261C8C5CD Owner Benjamin Barron EXHIBIT 1 SCOPE OF SERVICES, SCHEDULE, FEES Scope of services includes parking lot maintenance services to include single-coat seal coat, crack cleaning and filling, and special pavement markings of the Justice Center and Justice Center Annex, Fairgrounds and Animal Shelter, Freedom Park Pavilion/ Picnic Shelter/ WECMRD Sheriff Substation, Miller Ranch Child Care Center/ Community Center, Road and Bridge Shop (El Jebel), and the El Jebel County Building. The parking lot maintenance for all lots noted above will be complete by no later than November 15, 2025. Estimated Quantities: Contractor Unit Pricing: Total Cost of Additional Work: $159,186.72 Docusign Envelope ID: 5D3D7C6D-AAC5-4521-B9C9-B4E261C8C5CD Locations: Justice Center 885 Chambers Avenue Eagle, CO 81631 Docusign Envelope ID: 5D3D7C6D-AAC5-4521-B9C9-B4E261C8C5CD Eagle River Center @ Fairgrounds 971-1097 Fairgrounds Road Eagle, CO 81631 Docusign Envelope ID: 5D3D7C6D-AAC5-4521-B9C9-B4E261C8C5CD Eagle County Animal Shelter 1400 Fairgrounds Road Eagle, CO 81631 Docusign Envelope ID: 5D3D7C6D-AAC5-4521-B9C9-B4E261C8C5CD Freedom Park Pavilion /Picnic Shelter and WECMRD Sheriff Substation 450 Miller Ranch Road Edwards, Colorado 81632 Docusign Envelope ID: 5D3D7C6D-AAC5-4521-B9C9-B4E261C8C5CD Miller Ranch Child Care & Community Center 25 Mill Loft Street Edwards, CO 81632 Docusign Envelope ID: 5D3D7C6D-AAC5-4521-B9C9-B4E261C8C5CD Road and Bridge Shop 1050 JW Drive El Jebel, Colorado 81623 Docusign Envelope ID: 5D3D7C6D-AAC5-4521-B9C9-B4E261C8C5CD Eagle County Building, El Jebel Annex 20 Eagle County Drive El Jebel, Colorado 81623 Docusign Envelope ID: 5D3D7C6D-AAC5-4521-B9C9-B4E261C8C5CD