1977-0111_BRAEGER ,ART A._Agenda Report MEMORANDUM January 11, 1977
TO: David B. Smith, Administrative Services Officer
FROM: Dennis Bushore, Principal Engineering Aide
SUBJECT: RELEASE OF RETENTION (EL CAMINO REAL PARK)
Reference is made to the Final Report, dated November 17 , 1976,
attached hereto. The City Council determined that the total project
cost was $128 , 544 . 56 , and by Council action assessed A. Art Braeger
$5, 000. 00 liquidated damages. The 10% retention in the amount of
$12,854 . 46 was retained and the thirty-five (35) days from the re-
cording of the Notice of Completion has expired. In addition to the
retention, $6, 174 . 73 was withheld as the summation of stop notices
received prior to November 17 , 1976.
The following is the current payment status, chargeable cost, and
recommended final payment:
Total Project Cost $128, 544 . 56
Less Previous Progress Payments 104 , 515. 37
(1) Less Stop Notices Paid 7,724 .73
Less Liquidated Damages 5, 000 . 00
(2) Less City Charges 136. 73
TOTAL FINAL PAYMENT $ 11,167. 73
NOTE: See Breakdown Below
Amounts Retained
10% Retention $12, 854 . 46
Total Stop Notices
(Prior 11/17/76) 6,174. 73
TOTAL RETAINED $19 , 029. 19
(l) Stop Notices Paid
(Per A. Art Braeger
Authorization)
1. Canterbury Design Inc. $ 2 ,879. 71
(9/21/76)
2. Boething Treeland
Farm Inc. (10/19/76) 3 , 295. 02
3 . Patterned Concrete
(12/7/76) 1,550. 00
LESS TOTAL STOP NOTICES $ 7 , 724 . 73
David B. Smith -2- January 11, 1977
(2) City Charges
(See Attachment)
1. Remove Broken Asphalt $ 136.73
LESS CITY CHARGES $ 136.73
TOTAL FINAL PAYMENT $ lljl67.73
It is noted that on January 4 , 1977, I did receive a phone call from
the flag pole supplier regarding the submittal of a possible stop
notice in the amount of approximately $6, 000. 00 . It was ruled by
the City Attorney that the 30-day period after the recording of the
Notice of Completion had expired and any additional stop notices
would not be valid.
I recommend that the final payment in the amount of $11, 216. 96 be
forwarded to A. Art Braeger at your earliest convenience.
Dennis Bushore
Principal Engineering Aide
DB:cj
Attachment
cc : A. Art Braeger
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, am in receipt of a total of three stop notices as
described above in reference to the above mentioned project.
MARY ANANOVER,
N City Clerk of the
City of an Juan Capistrano