Ordinance No. 1,968ORDINANCE NO.1968
AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OFBAYTOWN,
TEXAS,FINDINGTHAT THE CONSTRUCTION OF DRAINAGE AND
EARTH WORK ONTHE WEST TEXAS AVENUE PROJECT IS SUBSTAN
TIALLY COMPLETED IN ACCORDANCE WITH THE TERMS OF THE
CONTRACT;ACCEPTING THE ENGINEER'S CERTIFICATE OF
SUBSTANTIAL COMPLETION;AUTHORIZING THE PAYMENT TOSTAR
CONCRETE CONSTRUCTION OF A SUM SUFFICIENT TO INCREASE
TOTAL PAYMENT TOONE HUNDRED (100%)PERCENT OF THE
CONTRACT SUM,LESS RETAINAGES SPECIFIED BY THE ENGINEER
FOR ALL INCOMPLETE WORK AND UNSETTLED CLAIMS AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS,the City of Baytown contracted with Star
Concrete Construction for the construction of drainage and
earth work on the West Texas Avenue Project;and
WHEREAS,the said improvements,as provided for in the
plans and specifications heretofore prepared bythe Consulting
Engineer,and as approved and adopted by the City Council,
have been substantially completed in accordance with the
terms and provisions of the aforesaid contract;and
WHEREAS,the Consulting Engineer in the manner provided
by the terms of the said contract andthe plans and specifi
cations thereof,has conditionally approved and accepted
said work and improvements and has heretofore issued his
Certificate of Substantial Completion and has certified same
to the City Council and recommended that it conditionally
accept and receive said work and improvements as constructed
and substantially completed bythe saidStar Concrete
Construction;and
WHEREAS,there remains and owing to the said contractor
the sum of Forty-Two Thousand Nine Hundred Thirteen and
29/100 ($42,913.29)Dollars,the sum of Four Hundred Seventy-
Three Thousand Three Hundred Sixty-Five and 71/100 ($473,365.71)
Dollars heretofore advanced to the contractor in partial
payments under the provisions of the contract;and
WHEREAS,the Consulting Engineer has determined that
certain items of work remain to be completed or corrected
and that a retainage in the amount of Six Thousand and
No/100 ($6,000.00)Dollars is sufficient to cover all
incompleted work and unsettled claims;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1:That the City Council hereby approves and
accepts said work and improvements conditioned upon satisfactory
completion of all unfinished work and correction of any
discrepancies noted by the Engineer,and hereby finds and
determines that the said improvements have been substantially
completed as provided in the plans and specifications
therefore,and in accordance with the terms and provisions
of the aforesaid contract.
Section 2:That the Certificate of Substantial Completion
heretofore issued by the Consulting Engineer and certified
to the City Council is hereby accepted andreceived.
Section 3:That payment to the said Star Concrete
Construction in the amount of Thirty-Six Thousand Nine
Hundred Thirteen and 29/100 ($36,913.29)Dollars is authorized
and directed.
Section 4:This ordinance shall take effect from and
after its passage by the City Council of the City of Baytown,
Texas.
INTRODUCED,READ and PASSED by the affirmative vote of
the City Council of the City of Baytown,this 11th day of
March ,1976.
ATTEST:
TOM GENTRY,'Mayor \/v
E-ILEEN P.HALL',City Clerk
APPROVED:
NEEL RICH/RDSON,"City"Attorney*
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