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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