R2022-22 Second Amendment to J.W. Cheatham ContractRESOLUTION 2022-22
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO THE CONTRACT
WITH J.W. CHEATHAM, LLC FOR MILLING, RESURFACING AND STRIPING OF
VILLAGE ROADWAYS TO MODIFY THE SCOPE AND INCREASE THE COST;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2021-85 on September 23, 2021, the Village Council
approved a Contract with J.W. Cheatham, LLC in the amount of $622,758.50 for the milling, resurfacing,
striping and crosswalk improvements on specified Village roadways; and
WHEREAS, through the adoption of Resolution No. 2021-98 on December 9, 2021, the Village Council
approved an Amendment to the Contract to modify the scope of work to add header curbs and regrade
swales at a total additional cost of $46,191.90; and
WHEREAS, the parties wish to execute a Second Amendment to the Contract to again modify the scope of
work to extend the milling and surfacing area and provide for additional striping services at a total additional
cost of $44,729.29; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of
the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Second Amendment to the existing Contract with
J.W. Cheatham LLC for milling, resurfacing, striping and crosswalk improvements on specified Village
roadways to modify the scope of work and increase the total amount of the Contract by $44,729.29 to
$713,679.69, with funds expended from Account No. I7321-66210 (Public Works/Streets & Grounds -
Construction & Major Renovation). The Village Council further authorizes the Mayor and Village Council
to execute the Second Amendment on behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to
the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
OF MARCH, 2022.
MA , -O
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SECOND AMENDMENT TO CONTRACT
THIS SECOND AMENDMENT is made as of this 24th day of March, 2022, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida
33408, a Florida municipal corporation (hereinafter “VILLAGE”), and J.W. CHEATHAM LLC,
7396 Westport Place, West Palm Beach, Florida 33413, a Florida limited liability company
hereinafter “CONTRACTOR”), whose F.E.I. Number is 20-1928479.
RECITALS
WHEREAS, the VILLAGE and CONTRACTOR executed a Contract dated September 23, 2021
for milling, resurfacing and striping on specified Village roadways (Kingfish Road, Dogwood
Road, Lagoon Drive, Westwind Drive, Fairwind Drive, Golfview Drive, McClaren Road, and Inlet
Road), as well as milling and resurfacing and crosswalk improvements at the intersection of
Anchorage Road and Lighthouse Drive; and
WHEREAS, the VILLAGE and CONTRACTOR executed an Amendment to the Contract on
December 9, 2021 to modify the scope of the Contract to include adding header curbs at the outside
edge of the asphalt between the new sidewalk approaches and re-grading the swales at the
intersection of Lighthouse Drive and Anchorage Drive and to adjust the compensation to
incorporate the additional work; and
WHEREAS, the parties wish to again modify the scope of the Contract to extend the milling and
resurfacing eastward on Lighthouse Drive and add additional striping for crosswalks at Lighthouse
Drive and U.S. Highway One, as well as intersection striping and shoulder striping, and to adjust
the compensation to incorporate the additional work.
NOW THEREFORE, in consideration of the mutual promises set forth in the Contract, as
modified herein, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. The foregoing recitals are ratified and incorporated herein.
2. Section 3.A. of the Contract is amended to include the additional milling and resurfacing
work, as well as the additional striping, as detailed in the CONTRACTOR’s Application for
Payment dated February 28, 2022, a copy of which is attached hereto and incorporated herein by
reference.
3. Section 3.B of the Contract is amended to increase the cost of such services by $44,729.29
to $713,679.69
4. All other provisions of the Contract, to the extent not expressly modified herein, shall
remain in full force and effect.
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DocuSign Envelope ID: 1A21010A-0754-430B-B96F-222601A19428DocuSign Envelope ID: 54C57341-ED64-4719-BBBA-7A496D5DDBCA
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IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Second Amendment as of the day and year first above written.
J.W. CHEATHAM LLC
By:
Print Name:__________________________
Position:_____________________________
VILLAGE OF NORTH PALM BEACH
By: ________________________________
MAYOR
ATTEST:
BY:________________________________
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
DocuSign Envelope ID: 1A21010A-0754-430B-B96F-222601A19428
President
Thomas Uhrig
DocuSign Envelope ID: 54C57341-ED64-4719-BBBA-7A496D5DDBCA