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R95-159ATTEST: Cit~'Clerk (Corporate Seal) CDgG. Phase III Final Payrr~nt,9,'29/95 RESOLUTION NO. R95-/~"'~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PAYMENT TO ROSSO PAVING & DRAINAGE, INC., IN THE AMOUNT OF $4,854.14 REPRESENTING FINAL PAYMENT FOR THE PAVING AND DRAINAGE PORTION OF THE THIRD PHASE OF THE C.D.B.G. PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has previously entered into a Contract with Rosso Paving, Inc. (Rosso) in the amount of $54,562.00 for the paving and drainage portion of the third phase of the C.D.B.G. Project; and WHEREAS, work on this project is now complete and there remains due and owing to Rosso the sum of $4,854.14 on said Contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby authorizes payment in the amount of $4,854.14 to Rosso Paving, Inc., representing final payment for the paving and drainage portion of the third phase of the C.D.B.G. Project. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of October, 1995. CITY OF BOYNTON BEACH, FLORIDA M~ay~r ~ Vice Mayor ~, em FINAL ESTIMATE RECONCILIaTIoN AGREEMENT This Final Estimate Reconciliation Agreement covering the period from June 16 , 19 95 , to August 31 , 1995 , supersedes any and all previous correspondence or verbal agreement regarding deletions or additions to the scope of work in the performance of the contract dated April 24, 1995for construction of Block Grant No. 027-392-95,/ and all appurtenant VSMG work thereto' in the City of Boynton Beach Palm Beach County, Florida. It is hereby agreed and understood that all quantities and prices shown on the attached Final Estimate No. 3 are correct and the amount of $ 4,854.14 constitutes final payment, including retainage, and Change Order No. 0 for all materials furnished and work performed by RO$SO PAVING & DRAINAGE INC. , Contractor, and all other contractors, in the construction and completion of the above project, all which were to be performed in strict accordance with the terms of the original contract. It is further agreed and understood that the one-year warranty period of workmanship and materials furnished shall commence on final completion and acceptance by the Owner, City of Boynton Beach , as outlined in Paragraph C-15 of the original agreement. FER 1 RECO~ENDED FOR APPROVAL: ROSSO PAVING & DRAINAGE INC. ~ N~y Rosso Donnell P~ident By.~ ACCEPTED: By: Date: FER 2 WARRANTY The undersigned, Nancy Rosso Donnell, President of Rosso Paving & Drainage, In~ , hereby agrees for a period of one (1) year from the date hereof, to repair any defect or damages resulting from the work conveyed to the City of Boynton Beach (the "City"), pursuant to that certain Bill of Sale or Plans dated 027-392-95/VSMG which is result of a defec= in the ma%erials or workmanship. The undersigned, upon notice of such defect, shall make the foregoing repairs as soon as reasonably possible or, if such repairs 'have already been made by the City, the undersigned, upon receipt of evidence of the costs reasonably incurred by the City in the making of such repairs, shall forthwith refund same to the City. Anything herein to the contrary notwithstanding, the City shall have the sole obligation to perform all maintenance required. Accordingly, the undersigned shall have no liability hereunder in the event that the repairs result from the failure of the City to properly maintain same or misuse or abuse (except, however, nothing contained herein shall be construed to release the undersigned from liability for damage or defect caused by acts of the undersigned or its employees or agents in connection with the completiOn by the undersigned of the project). WARR 1 DATE August 31, 1995 ~--Pr~_k~ent Nancy Rosso Donnetl Rosso Pavi~j& Drainage Inc. Name of Company (CORPORATE SEAL) STATE OF FLORIDA ) SS: COUNTY OF .Palm Beach ) I, HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Nancy Rosso Donnell , Florida Corporation and general President ~ of Rosso Paving & Drainage Inc. A Florida limited partnership, to me known to be person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the uses and purposes therein expressed. My Commission Expires: WARR ~ary Publi~, ~-tat~of Florida WARRANT~F TITLE To be executed with each and every payment or draw request STATE OF FLORIDA COUNTY OF PALM BEACH Nancy Rosso Donnell and says as follows: , being first duly sworn, deposes SHe is Presiden~ (Title) a Florida Contract dated the 24th of Rosso Pavinq& Drainage Inc. (Name of Corporation or Firm) corporation which is named in Construction day of April 1995 between said corporation as the CONTRACTOR and the City of Boynton Beach , Florida as the OWNER, for the construction Community Development Block Grant Sub Area 1 of Tmprnv~m~n~ Pha~e TIT, B~d No. 027-392-95/VSMC and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, material;s and equipment covered by the attached Periodical Estimate for Payment dated August 31, 1995 19.95 passes to the Owner at the time of payment free and clear of all. liens, and all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical Estimate for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. 'x ''~ Sworn to and subscribed before me this ql day_Do~_ August ~ ~ 19 95 Notary Publi~ S tare- o~~d~l~ ~.. ~, 1~ My Commission expires: ~1_~_ ,~,'_ ..... .:- .... ~' .~,;:......::=~ (SEAL) fiant Nancy Rosso Donnell END OF WARRANTY OF SEAL