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CC 2024-03-12_09d Acceptance of 191 Tally Ho Road Frontage ProjectItem 9.d. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shannon Sweeney, City Engineer SUBJECT: Consideration of Acceptance of the 191 Tally Ho Road Frontage Improvements Project, PW 2023-09 DATE: March 12, 2024 SUMMARY OF ACTION: Consider accepting the 191 Tally Ho Road Frontage Improvements Project and beginning the one-year warranty period for defects that may arise. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The final contract cost of $84,212 and change orders from contingency of $1,764 resulted in a total construction cost of $85,976 to the City. This project was identified in the FY 2023-24 Capital Improvement Program budget and funded from sales tax in the amount of $110,000. The $85,976 in construction costs is within the funding available for this project. The remaining budget is being applied to the asphalt repair in front of 191 Tally Ho Road, which is assoc iated with the 2022 Streets Repair Project. RECOMMENDATION: 1) Accept the project improvements as constructed by JJ Fisher Construction, Inc. in accordance with the plans and specifications for the 191 Tally Ho Road Frontage Improvements Project, PW 2023-09; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of retention, thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed. BACKGROUND: At its August 8, 2023 meeting, the City Council awarded a construction contract to JJ Fisher Construction, Inc., to complete the 191 Tally Ho Road Frontage Improvements Project (PW 2023-09) in the amount of $84,212 and authorized the City Manager to approve change orders from contingency in the amount of $8,421.20 (10% of the overall Page 52 of 134 Item 9.d. City Council Consideration of Acceptance of the 191 Tally Ho Road Frontage Improvements Project, PW 2023-09 March 12, 2024 Page 2 cost) for unanticipated costs during the construction phase of this project. The contractor’s final construction cost for the project, including contingency, is $85,976. The 191 Tally Ho Road Frontage Improvements Project consisted of acquisition of private property that protruded into the vehicle travel way in exchange for street Right of Way, grading, replacement of retaining walls, and a fence, drainage, utility relocation, and site cleanup. The installation of concrete curb and gutter and the resurfacing of the street were completed as part of the annual Pavement Management Program. This project was deemed substantially complete on January 26, 2024, at which time City staff and the contractor documented a punch list of minor items that needed to be addressed prior to considering the project fully complete. Those items include epoxying wall caps, removing debris, placing topsoil, finishing elements to the fence posts , and resolution to the western gap between the fence and sidewall. The last of these items was completed on February 2, 2024. ANALYSIS OF ISSUES: The contractor has completed the work in accordance with the approved plans and specifications within the contract time frame, under the available budget, and there are no deficiencies that have been noted by city staff and no complaints have been received . It is, therefore, recommended that the City Council accept the 191 Tally Ho Road Frontage Improvement Project and begin the one-year warranty period for defects that may arise. Shown below are a before and after view of the project. Before Page 53 of 134 Item 9.d. City Council Consideration of Acceptance of the 191 Tally Ho Road Frontage Improvements Project, PW 2023-09 March 12, 2024 Page 3 After ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Accept the 191 Tally Ho Frontage Improvements Project; 2. Do not accept the project; or 3. Provide other direction to staff. ADVANTAGES: The project is complete and accepting the improvements will allow staff to close out the project. DISADVANTAGES: No disadvantages have been identified in accepting this project. ENVIRONMENTAL REVIEW: At its August 8, 2023 meeting, City Council determined that construction of this project was categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Class 2 Section 15302 Replacement or Reconstruction. No further environmental review is required. Page 54 of 134 Item 9.d. City Council Consideration of Acceptance of the 191 Tally Ho Road Frontage Improvements Project, PW 2023-09 March 12, 2024 Page 4 PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Notice of Completion Page 55 of 134 ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF ARROYO GRANDE 300 EAST BRANCH STREET ARROYO GRANDE, CA 93420 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner or agent of owner of the interest or estate or the property hereinafter described as stated below. 2. The FULL NAME of the OWNER is: The City of Arroyo Grande 3. The FULL ADDRESS of the OWNER is: 300 East Branch Street, Arroyo Grande, California 93420 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee 5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: NAMES ADDRESSES None 6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR’S in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvements herein referred to: NAMES ADDRESSES None 7. All work of improvement on the property hereinafter described was COMPLETED February 2, 2024 8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: J.J. Fisher Construction, Inc. 9. The street address of said property is: 191 Tally Ho, Arroyo Grande, CA, 93420 10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of California, and is described as follows: 191 TALLY HO IMPROVEMENTS, PW 2023-09 Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. _________________________________________________ Bill Robeson, Assistant City Manager/Public Works Director March 12, 2024 Arroyo Grande, California -- END OF DOCUMENT -- Page 56 of 134