1976-1117_BRAEGER ,ART A._B1_Agenda Report AGENDA ITEM November 17, 1976
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: E1 Camino Real Park - Final Report & Notice of Completion
SITUATION:
In accordance with the plans and specifications of the subject project,
A. Art Braeger has completed said construction.
Within the executed contract there is a stipulation of liquidated
damages amounting to $100 per day for each and every day of delay
beyond the time prescribed to complete the work. The City has com-
pensated the contractor for delays due to weather, administration
or additional work requested. However, the contractor has accumulated
fifty (50) calendar days of damages during the course of the work,
totalling $5,000. The Council may modify these damages at their
discretion. Also, during the course of construction, the City has
received two payment stop notices in the amount of $6, 174. 73.
The current payment status is as follows:
Total Project costs $128,544.56
Less Liquidated damages (-)a_!. ,) 5,000.00
Less 10% retention 12,854.48
Less as per stop notices 6, 174.73
Total due to date 104, 515.37
Previous progress payments 1027707.26
Amount due this payment $ 1,808.11
FINANCIAL CONSIDERATIONS
The approved budgeted amount for this project was $150,000. Two-thirds
of the construction costs will be shared equally by the State Park Bond
Fund and the Orange County Revenue Sharing Program.
ALTERNATE ACTIONS
1. Determine the work completed and enforce liquidated damages .
2 . Determine the work completed and delete liquidated damages .
3 . Determine the work completed and modify the liquidated damages .
4. Refer to Staff for additional information.
I
r
FOR CITY COUNCIL AGENDA ......
James S. Mocalis, City Manager
E1 Camino Real Park - Final Report
November 17, 1976
Page 2
RECOMMENDATION: '
By Resolution, determine that the work has been completed in
accordance with the contract documents and declare the work to
be accepted. The total amount of work performed under the
contract is in the sum of $128, 544.56 . Within ten (10) days
from the date of acceptance, file a Notice of Completion with
the Orange County Recorder.
By motion, direct taff to make payment to Art Braeger in the
amount of upon expiration
of thirty-five (35) days from the date of recording of Notice of
Completion, and retain the sum of $6, 174. 73 for further legal
action.
Re�spectfully submitted,
1
4.
W. D. M rp y /
WDM: DB: rm
Encls .