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Ordinance No. 2,537W ORDINANCE NO. 2537 80914 -7 AN ORDINANCE FINDING THAT THE CONSTRUCTION OF THE COUNTRY CLUB WATER LINE REPLACEMENT PROJECT IS SUB- STANTIALLY COMPLETED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ENGINEERS' CERTIFICATE OF SUBSTANTIAL COMPLETION; AUTHORIZING THE PAYMENT TO R. T. BISHOP CONSTRUCTION COMPANY, INC., AND R. T. BISHOP, JOINT VENTURE, OF A SUM SUFFICIENT TO INCREASE TOTAL PAYMENT TO ONE HUNDRED (1000 PER CENT OF THE CONTRACT SUM, LESS RETAINAGES SPECIFIED BY THE ENGINEERS FOR ALL INCOMPLETE WORK AND UNSETTLED CLAIMS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City of Baytown contracted with R. T. Bishop Construction Company, Inc., and R. T. Bishop, Joint Venture, for the construction of the Country Club Water Line Replacement Project; and WHEREAS, the said construction, as provided for in the plans and specifications heretofore prepared by the Consulting Engineers, 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 Engineers, in the manner provided by the terms of the said contract and the plans and specifi- cations thereof, have conditionally approved and accepted said work and improvements and have heretofore issued their Certificate of Substantial Completion and have 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 R. T. Bishop Con- struction Company, Inc., and R. T. Bishop, Joint Venture; and WHEREAS, there remains and owing to the said contractor the sum of Forty -Six Thousand Eight Hundred Eighty -Six and 34/100 ($46,886.34) Dollars, the sum of Two Hundred Seventy Thousand Five Hundred Fifty and 73/100 ($270,550.73) Dollars heretofore advanced to the contractor in partial payments under the provisions of the contract; and W ''1 80914 -7a WHEREAS, the Consulting Engineers have determined that certain items of work remain to be completed or corrected and that a retainage in the amount of Fifteen Thousand and No /100 ($15,000.00) 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 Engineers, 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 Engineers and certified to the City Council is hereby accepted and received. Section 3: That payment to the said R. T. Bishop Construction Company, Inc. and R. T. Bishop, Joint Venture, in the amount of Thirty -One Thousand Eight Hundred Eighty- Six and 34/100 ($31,886.34) Dollars is authorized and directed. Section 4: This ordinance shall take effect from and after its passage. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this 14th day of September , 1978. ATTEST: EILEEN P. HALL, City Clerk APPROVED: SCOTT BOUNDS, City Attorney Zo EMMETT 0. HUTTO, Mayor -2-