Agenda Report
Fullerton City Council
MEETING DATE: September 20, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: meg mcwade, public works director
PREPARED BY: STEPHEN BISE, CITY ENGINEER
SUBJECT: HUNT LIBRARY PHASE III – BUILDING REPAIRS CONTRACT AWARD
SUMMARY
Request to deny bid protest and award a $2,459,823 construction contract to SS+K Construction, Inc. for Hunt Library Phase III – Building Repairs Project.
RECOMMENDATION
Approve Project 55050 Hunt Library Phase III – Building Repairs Project plans and specifications.
Deny bid protest submitted by PCN3. Inc., award a $2,459,823 construction contract for Project 55050 Hunt Library Phase III – Building Repairs Project to SS+K Construction, Inc. and authorize City Manager, or designee, to execute and administer contract, in a form approved by the City Attorney.
Authorize Public Works Director, or designee, to approve any future change orders for construction and professional engineering construction support services within the approved project budget.
CITY MANAGER REMARKS
The City is under budget by approximately $800,000 for this project and will need to identify funding.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Infrastructure and City Assets.
FISCAL IMPACT
The FY 2022-23 Adopted CIP Budget has sufficient funding allocated to Project 55050 – Hunt Library Phase III – Building Repairs Project for the award of this contract, which includes the carry-forward of remaining grant funds awarded in prior fiscal years. However, staff anticipated needing additional funding for the final phase of site improvements. The City will address the project funding gap during next year’s CIP budget process.
The following describes the Hunt Library Construction funding:
Anticipated Project Cost
Total Funding
$5.250 million
Less:
Set Aside for Programming
$(0.250) million
* Expended and reserved for work to date (YTD as of 08/31/2022) $(1.781) million
Building repair
$(3.200) million
* Remaining Estimated Costs:
Site improvement
$(0.80) million
Total Anticipated Project Cost
$(6.031) million
Anticipated Surplus (Deficit)
$(0.781) million
* Estimates and subject to change.
Staff has attached a Budget Data Sheet / Summary of Bids and the contractor’s Bid Schedule for reference (Attachments 1 and 3 respectively).
DISCUSSION
The Hunt Library building and site is listed as a local historical landmark and on the National Register of Historic Places. The building functioned as a City library until closing in 2013. The City is renovating the building and site to provide limited library services and partner with an entity to provide public programming. The City received a $2.5 million grant for renovation from the California State Library in 2019 with a $1.25 million allocation in FY 2020-21 and a $1.25 million allocation in FY 2021-22. The State awarded an additional $2,750,000 grant in FY 2022-23. The City will use $250,000 of this grant for start-up arts, cultural and library programming and services. Assemblymember Sharon Quirk-Silva requested the first $2.5 million grant and State Senator Josh Newman and Assemblymember Sharon Quirk-Silva requested the second $2.75 million.
Staff programmed the overall project in the following five phases due to the scope of the renovations:
Phase 1 – Roof Replacement (under construction)
Phase 2 – Water and Sewer Improvements (complete)
Phase 3 – Building Repairs / Renovations
Phase 4 – Site Fencing Improvements (under construction) Phase 5 – Site Improvements (design in progress).
The building repairs include the following:
ADA compliant restrooms construction
exterior glass and aluminum storefront system and trim repair carpet replacement
main entry door replacement
ceiling retexturing and repainting, where applicable
interior plaster finish repair and repainting, where applicable HVAC system replacement
plumbing, and electrical (including over 70 receptacles) lighting replacement with new LED lamps
exterior flood lights replacement
new Intelligent Technologies (IT) infrastructure (over 35 data drops, including WiFi ready locations) six interior and eight exterior security cameras installation exterior courtyards rehabilitation
utility ready warming kitchen.
The City received two bids for the Hunt Library Phase III – Building Repairs Project on August 22, 2022. SS+K Construction, Inc. of Mission Viejo, CA submitted the lowest responsible bid totaling $2,459,823. The low bid, as submitted, is approximately eighteen percent below the $3,000,000 engineer’s estimate.
PCN3, Inc. filed a bid protest on the apparent low bidder (SS+K Construction, Inc.) on August 25, 2022. The protest claims the City should consider SS+K Construction, Inc. non-responsive for three reasons. Staff reviewed the protest and provided a response letter to PCN3, Inc. on August 31, 2022, advising that staff found PCN3, Inc.’s reasons unsubstantiated and considers the SS+K Construction, Inc. bid acceptable (see Attachment 5). The letter includes the date, time and place that City Council will make a decision on this issue. Staff has advised PCN3, Inc. that they will have the opportunity to address City Council to appeal the staff decision and recommendation.
Staff recommends awarding the project to SS+K Construction, Inc. Staff estimates the cost for the building repairs will total approximately $3,200,000 with contingency and inspection.
Staff has prepared an environmental assessment in accordance with California Environmental Quality Act guidelines and determined that the project is categorically exempt.
Attachments:
Attachment 1 – Budget Data / Summary of Bids
Attachment 2 – Project Location Map
Attachment 3 – Bid Schedule
Attachment 4 – Standard Contract / Agreement
Attachment 5 – Bid Protest Response Letter
cc: City Manager Eric J. Levitt
Hunt Library Phase III – Building Repairs
September 20, 2022 - Page 2