CITY OF FULLERTON
_______________________________________________________________________________________________________________________________ Public Works Department – Engineering Division
THE EDUCATION COMMUNITY
303 West Commonwealth Avenue, Fullerton, California 92832-1775 (714) 738-6845 • www.cityoffullerton.com
August 31, 2022
Brian Abghari, President
PCN3, Inc.
11082 Winners Circle, Unit B
Los Alamitos, CA 90720
RE: Bid Protest – Hunt Library Phase III – Building Repairs City of Fullerton CIP 55050
The City has received your letter of bid protest and associated attachments dated August 25, 2022. The bid protest suggests SS+K Construction, Inc. is a nonresponsive bidder
City staff has researched your protest and find the following:
Protest #1: Per requirement of page 4 of bid package "List of Subcontractors" the bidder shall list names and business address of each subcontractor. Per attached copy of SS+K bid package (exhibit #1), SS+K failed to provide business address, Item# and Item% for all its listed subcontractor. Failure to adhere to instruction to bidders will make SS+K's bid nonresponsive.
Response: Subcontractor address is obtainable on the California Department of Consumer Affairs Contractors State License Board. The required information includes the name, license number, & DIR number, which were provided in the bid. In addition, language on BD-4 indicates “failure to comply with this requirement may render the Bid as non-responsive.” SS+K did provide the required sub-contractor information and therefore is considered responsive.
Protest #2: SS+K did not list any sub for restorative cleaning and protective treatments, and they don't have 5 years of successful experience in work similar to requirements of this project as required by paragraph 045730.1.5.B (exhibit 2). Since they can't perform what they promised to do in their bid documents, it makes their bid nonresponsive. Also, we believe SS+K missed this scope of work since the quote that we got on bid day from qualified subcontractor for this scope of work (exhibit 3) is 3 times the budget SS+K has for line item 5 on their bid schedule.
Response: Self-performance of certain work, including restorative cleaning and protective treatments is allowed. The historic Architect (TSA, Inc.) confirmed a specialized sub- contract is not required if the prime contractor has sufficient experience with restorative cleaning and protective treatments on historic buildings. SS+K confirmed their employed crews have substantial experience in restoration of historic buildings, including the Proper Hotel and Case Hotel in Downtown Los Angeles. This experience in historic treatment work, not only similar, but much more extensive and complex than what’s prescribed in the contract documents for the subject project. As an example/sample, the aforementioned crew, was able to successfully complete the conversion of a historic 1920s 13-story edifice into a 107,000sf 148-room boutique hotel, which involved full historic rehab including restoration of the hi storic façade, all inspected and approved by the State Historic Preservation Officer (SHPO).
The General Contractor’s Supervisor overseeing the historic treatment will be on the Project Site during times that historic treatment work is in progress. TSA, Inc. will also be on-site during certain restoration activities to ensure appropriate materials and techniques are used. Staff has determined SS+K’s qualification and experience are acceptable to self-perform this work.
Protest #3: SS+K did not list any subcontractor for design-built "service counters, bookshelves, reading/study cubicles, computer workstations, cabinets, display tables, etc." per Note 2 on page 1 of 75 (exhibit 4). Also, we believe SS+K missed this scope of work since the quote that we got on bid day from qualified subcontractor for this scope of work is much higher than the budget SS+K has for line item 7 on their bid schedule.
Response: The intent of Note #2 on page 1 of 75 is to inform bidders/contractors that design-build/deferred submittal will be subject to a separate permit/approvals. There was no specific scope for “service counters, bookshelves, reading/study cubicles, computer workstations, cabinets, display tables, etc." in the plans and/or specifications. There were no Requests for Information (RFI’s) submitted requesting clarification on this item. SS+K confirmed they accounted for minimal case work in their bid and are therefore considered responsive.
As a result, staff will be recommending award of the project to SS+K Construction, Inc. at the September 20, 2022 City Council meeting. City Council meetings start at 5:30pm and are in Council Chambers at 303 West Commonwealth Avenue, Fullerton, California 92832. Please note, PCN3, Inc. has the right to address City Council and appeal our recommendation. The City Council’s decision will be considered final.
Questions regarding this response shall be directed to Stephen Bise at (714) 738-6852 or [email protected]
Sincerely,
Stephen Bise, P.E.
City Engineer | Assistant Director of Public Works