TITLE:
title
ACCEPTANCE OF THE LIONS PARK PROJECTS, CITY PROJECT NO. 17-03
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DEPARTMENT: PUBLIC WORKS DEPARTMENT/GENERAL SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: PATRICK BAUER, DEPUTY PUBLIC WORKS DIRECTOR, (714) 754-5029
RECOMMENDATION:
recommendation
Staff recommends the City Council:
1. Accept the work as complete, performed by Tovey/Shultz Construction, Inc., 18261 Collier Avenue, Unit A, Lake Elsinore, CA 92530, for The Lions Park Projects, City Project No. 17-03, and authorize the City Clerk to file the Notice of Completion.
2. Authorize the City Manager to release the Labor and Material Bond seven (7) months after the filing date and release the Faithful Performance Bond at the conclusion of the one-year warranty period. Retention monies have been released pursuant to Public Contract Code section 7107(c).
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BACKGROUND:
On July 18, 2017, a construction contract for $28,739,822 was awarded to Tovey/Shultz Construction, Inc. for The Lions Park Projects located at 1845 and 1855 Park Avenue.
The project site encompasses the Donald Dungan Library, the Norma Hertzog Community Center (NHCC), the Lions Park event lawn, and the area between the Costa Mesa Historical Society building and Anaheim Avenue.
The improvements to Lions Park include the demolition of the pre-existing Neighborhood Community Center (NCC); construction of a new, two story, 24,000 square foot (SF) LEED Gold Donald Dungan Library, and renovation of the pre-existing library to be repurposed as the new, 9,000 SF LEED Gold NHCC. Construction also included the new Lions Park event lawn, parking lot improvements, storm drain improvements, landscape and irrigation improvements, off-site street improvements to Park Avenue and Anaheim Avenue, and building signs and directional/wayfinding signs.
Additional improvements include $209,562.50 in a contract change order to implement the Community Center Capri Courtyard concrete, electrical, lighting, landscaping and irrigation improvements.
Additionally, on November 13, 2023, a change order in the amount of $1,929,805 was executed to include the construction of Café Mesa located at 1851 Park Avenue. Café Mesa provides 1,100 SF of operational space to a contracted vendor to provide concessions to parkgoers.
ANALYSIS:
The work required by the contract documents has been completed to the satisfaction of the City Engineer and the Deputy Public Works Director. The original contract cost plus the change orders to implement the NHCC Capri Courtyard and Café Mesa, a Purchase Order residual reduction of $20,798.47 prior to the execution of the Café Mesa change order, and miscellaneous quantity adjustments, amounted to a final contract cost of $30,757,588.75. A report of the final costs is included as Attachment 1.
A summary of the costs is as follows:
Total Revised Contract Cost: $30,858,391.03
Final Quantity Adjustments: ($ 100,802.28)
Final Contract Cost: $30,757,588.75
The final contract price reflects a 0.3% decrease to the total contract as a result of final quantity adjustments.
As of this date, there are no Stop Notices filed against the monies due to Tovey/Shultz Construction, Inc.

ALTERNATIVES:
This item is administrative in nature and there are no alternatives to be considered.
FISCAL REVIEW:
The project was funded through appropriated Gas Tax Fund (Fund 201), Park Development Fees (Fund 208), Drainage Fees (Fund 209), Capital Improvement Funds (Fund 401), and the Lions Park Project 2017 Bond Fund (Fund 418).
LEGAL REVIEW:
The City Attorney’s Office has reviewed this agenda report and approves it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This project worked towards achieving the following City Council goals:
• Strengthen the public’s safety and improve the quality of life.
• Maintain and enhance the City’s facilities, equipment and technology.
CONCLUSION:
Staff recommends the City Council:
1. Accept the work as complete performed by Tovey/Shultz Construction, Inc., 18261 Collier Avenue, Unit A, Lake Elsinore, CA 92530, for The Lions Park Projects, City Project No. 17-03, and authorize the City Clerk to file the Notice of Completion.
2. Authorize the City Manager to release the Labor and Material Bond seven (7) months after the filing date and release the Faithful Performance Bond at the conclusion of the one-year warranty period. Retention monies have been released pursuant to Public Contract Code section 7107(c).