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<br />6.1E <br />Page 2 <br />were executed and paid. The last change order, which the Building, Infrastructure, and <br />Transportation Department values at approximately $32,196.00, has not been executed <br />by the Contractor and cannot be paid until a final agreement regarding cost is reached <br />and a final application for payment is submitted. <br /> <br />Several subcontractors providing labor and materials for this project have filed stop <br />notices alleging nonpayment; one subcontractor has initiated a lawsuit to enforce that <br />subcontractors stop notice claim. The City will continue to take appropriate action to <br />protect and represent the City's interest as a stakeholder in an effort to resolve this <br />lawsuit. In order to reduce further risk exposure on this project and the lawsuit, staff is <br />recommending that Council determine that this project is complete. All fieldwork was <br />completed, in place, and in good working order per approved plans and specifications <br />on January 4,2010. <br /> <br />Upon determining the project is complete, the City will file a Notice of Completion with <br />the County Recorders Office. Filing the Notice of Completion will limit the filing of <br />additional stop notices 30 days after recordation of the notice. The City will continue to <br />work towards resolving the final change order amount in order to achieve project close <br />out. At that time, staff will return with a recommendation to the City Council to accept <br />this project. <br /> <br />ALTERNATIVES <br />Council may choose not to determine that the project is complete; however, without a <br />determination of completion, more stop notices may be filed against this project. <br /> <br />FISCAL IMPACT <br />Funds have been appropriated from the Water Revenue Bond proceeds. The City has <br />issued a series of Water Revenue Bonds totaling $72 million to finance Phase 1 of the <br />Recycled Water Project. Available project funds, less unattributed interest, total <br />$2,694,775.20 as of June 30, 2010. <br /> <br />~~ <br /> <br />Phong OUt PE <br />Senior Civil Engineer <br /> <br />~ \l -t= <br /> <br />Pete Vo~ametsanti, PEl PTOE, CFM <br />City Engineer <br /> <br />~ ~~ ~r <br />CtJJ'Chang, P~ <br />Building, Infrastructure and <br />Transportation Director <br /> <br />p~erC.I~ <br />City Manager <br /> <br />ATTACHMENTS <br />Project Map <br /> <br />RELATED DOCUMENTS IN CITY CLERK'S OFFICE <br />None <br />