R2021-98 Amendment to Contract with J.W. Cheatham LLCRESOLUTION 2021-98
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE EXISTING
CONTRACT WITH J.W. CHEATHAM LLC FOR MILLING, RESURFACING AND
STRIPING OF SPECIFIED 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, parties wish to execute 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 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 an 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 $46,191.90 to
$668,950.40), 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 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 All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed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.
PASSED AND ADOPTED THIS 9TH DAY OF DECEMBER, 2021.
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AMENDMENT TO CONTRACT
THIS AMENDMENT is made as of this 9th day of December, 2021, 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 parties wish 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.
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 work detailed in the Proposal
from CONTRACTOR dated November 18, 2021, 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 $46,191.90 to
668,950.40.
4. All other provisions of the Contract, to the extent not expressly modified herein, shall
remain in full force and effect.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Amendment as of the day and year first above written.
J.W. CHEATHAM LLC
By:
Print Name:__________________________
Position:_____________________________
DocuSign Envelope ID: E0BFFD36-B30D-4ABD-8537-6FF173353741
Thomas Uhrig
President
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VILLAGE OF NORTH PALM BEACH
By: ________________________________
DARRYL AUBREY
MAYOR
ATTEST:
BY:________________________________
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
DocuSign Envelope ID: E0BFFD36-B30D-4ABD-8537-6FF173353741