Ordinance No. 2,2037429
ORDINANCE NO. 2203
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, FINDING THAT THE EXPANSION AND REMODELING OF
STERLING MUNICIPAL LIBRARY IS SUBSTANTIALLY COMPLETED
IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING
THE CONSULTING ARCHITECT'S CERTIFICATE OF SUBSTANTIAL
COMPLETION; AUTHORIZING THE PAYMENT TO SPAW GLASS, INC.
OF A SUM SUFFICIENT TO INCREASE TOTAL PAYMENT TO ONE
HUNDRED (100%) PERCENT OF THE CONTRACT SUM, LESS RETAINAGES
SPECIFIED BY THE ARCHITECT FOR ALL INCOMPLETE WORK AND
UNSETTLED CLAIMS AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
WHEREAS, the City of Baytown contracted with Spaw
Glass, Inc. for the expansion and remodeling of Sterling
Municipal Library; and
WHEREAS, the said construction, as provided for in the
plans and specifications heretofore prepared by the Consulting
Architects, 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 Architect in the manner provided
by the terms of the said contract and the 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 by the said Spaw Glass, Inc.;
and
WHEREAS, there remains and owing to the said contractor
the sum of Ninety -One Thousand Fifty and No /100 ($91,050.00)
Dollars, the sum of Six Hundred Eight Thousand One Hundred
Eighty -Eight and No /100 ($608,188.00) Dollars heretofore
advanced to the contractor in partial payments under the
provisions of the contract; and
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WHEREAS, the Consulting Architect has determined that
certain items of work remain to be completed or corrected
and that a retainage in the amount of Twelve Thousand Eight
Hundred Twenty -Two and No /100 ($12,822.00) 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 Architect, and hereby finds and
determines that the said improvements have been substantially
completed as provided in the plans and specifications there-
fore, 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 Architect and certified
to the City Council is hereby accepted and received.
Section 3: That payment to the said Spaw Glass, Inc.
in the amount of Seventy -Eight Thousand Two Hundred Twenty-
Eight and No /100 ($78,228.00) 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 14th day
of April , 1977.
ATTEST`: TOM GENTRY, Mayor
EILEEN P. HALL, City Clerk
APPROVED:
_Z I X' "9-
R HARDSON, City Attorney
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