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CC - (1) Rejection of G.B. Cooke, Inc.’s Bid Proposal as Non-Responsive; (2) Award of a Construction Contract to Beador Construction Company in the Amount of $1,259,700 for the Mesmer Low-Flow Diversion Project, PR-005 as the Lowest Responsive and Responsible Bidder; and (3) Authorize the Public Works Director/City Engineer to Approve Change Orders in an Amount Not-to-Exceed $125,970.
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Meeting Date: December 10, 2021
Contact Person/Dept: Sean Singletary/Public Works - EPO
Phone Number: 310-253-6457
Fiscal Impact: Yes [X] No [ General Fund: Yes [] No [x]
Public Hearing: [] Action Item: [] Attachments: []
Commission Action Required: Yes [] No [] Date:
Public Notification: (E-Mail) Meetings and Agendas - (12/07/2021)
Department Approval: Yanni Demitri, Public Works Director (10/26/2021)
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RECOMMENDATION
Staff recommends the City Council (1) reject G.B. Cooke, Inc.’s bid proposal as non-responsive; (2) award of a construction contract to Beador Construction Company in the amount of $1,259,700 for the Mesmer Low-Flow Diversion Project, PR-005 as the lowest responsive and responsible bidder; and (3) authorize the Public Works Director/City Engineer to approve change orders in an amount not-to-exceed $125,970.
BACKGROUND/DISCUSSION
On December 28, 2012, the Los Angeles County Municipal Separate Storm Sewer System Permit (MS4 Permit) became effective in accordance with the Clean Water Act. The Los Angeles MS4 Permit covers unincorporated areas of Los Angeles County, the Los Angeles County Flood Control District, and 84 cities within Los Angeles County, including the City of Culver City. Various milestones were set for the treatment of pollutants in stormwater. The City’s deadline to address dry weather bacteria and metals exceedances in storm drains was January 2016 and was extended by approval of the Los Angeles Regional Water Quality Control Board through a Time Schedule Order (TSO). The Mesmer Project is one of three projects approved in the TSO to comply with the Ballona Creek Bacteria Total Maximum Daily Load (TMDL) for dry weather bacteria flows. The Mesmer Project is jointly funded by Cities of Los Angeles, Culver City, Inglewood, and the County of Los Angeles. The following three regional projects collectively comply with the final water quality based effluent limitations during dry weather as specified by the Ballona Creek bacterial TMDL:
1. Low Flow Treatment Facility (LFTF) #1 Project at Ballona Creek
2. Low Flow Treatment Facility (LFTF) #2 Project at Sepulveda Channel
3. Mesmer Low Flow Diversion Project at Centinela Creek
Culver City is taking the lead in managing both design and construction of the Mesmer Project, while the City of Los Angeles is managing the LFTF #1 and LFTF #2 Projects. The project partners are currently working on a cost-sharing memorandum that will come before Council for approval in 2022, however, in the interest of compliance, Culver City is proceeding with our project now with grant and local funding.
This Project is a low flow diversion system that will divert dry weather run-off from the Centinela Creek Channel into the existing decommissioned Mesmer Pump Station where the run-off will be pumped into an existing sewer main for conveyance to City of Los Angeles’ Hyperion Water Reclamation Plant (Hyperion) for treatment. A low flow diversion pump station will be installed upstream of the existing sanitary wet well, along with appurtenant demolition, piping and connections in the Pump Station property.
The Mesmer Project plans were submitted to several agencies including the US Army Corp of Engineers for review and approval. The US Army Corps of Engineers granted its permission for the Mesmer Project, pursuant to its authority under federal law 33 USC 408 (408 Permit) in January 2021. An agreement with Los Angeles County Flood Control District (LACFCD) to modify the Centinela Creek channel was approved by City Council on August 10, 2020. The Los Angeles Regional Water Quality Control Board issued a Clean Water Act Section 401 Water Quality Certification on August 17, 2021.
On October 14, 2021, staff received four bids in the following amounts:

*G.B. Cooke, Inc.’s bid was not signed, and did not have required signatures on bid guaranty and non-collusion submittals; therefore, it was deemed non-responsive.
Staff reviewed the contractor bid documents and determined Beador Construction Company (Beador) submitted the lowest responsive total base bid. Staff reviewed the bid proposal and found the bid documents responsive and complete. Staff also contacted the references listed in the bid documents. Beador is a well-known contractor and has successfully completed many similar storm drain projects in cities throughout Southern California with satisfactory performance. Staff recommends that the City Council award a construction contract to Beador per their total base bid amount of $1,259,700 as the award amount.
Construction is expected to begin in February 2022 and slated to be completed by May 2022. The construction occurs in the Centinela Creek channel and on the City’s Mesmer Pump Station property and impacts to residents are anticipated to be minimal. The design phase (including outreach and permitting) of this project began in FY 2018 with a total amount of $264,162 being expended on the effort (43480000.730100. PR005).
FISCAL ANALYSIS
Funding Sources
The California Department of Water Resources (DWR) issued Proposition 1 Integrated Regional Water Management (IRWM) Grant Program Guidelines and Proposal Solicitation Package in April 2019 for water resources-related projects that address water supply, water quality and habitat/open space needs in a region. The City’s Mesmer Project was awarded $607,857 through DWR’s Proposition 1 program to be administered by the LACFCD. The agreement between LACFCD and the City of Culver City was approved by Council on November 9, 2020.
In November 2018, Los Angeles County voters approved Measure W, Los Angeles County’s Safe Clean Water Program to improve water quality, increase local water supply, and enhance communities. The program provides local dedicated funding through a parcel tax to increase local water supply, improve water quality, and protect public health. Public Works Environmental Programs & Operations Division (EPO) applied for Measure W Regional Infrastructure Funds in the amount of $950,000 for this project, and funding was approved by the Los Angeles County Board of Supervisors on October 13, 2020.
The following is a breakdown of project revenue sources and the anticipated construction costs for the project:

ATTACHMENTS
None
MOTION
That the City Council:
1. Reject G.B. Cooke, Inc.’s bid as non-responsive; and
2. Award a construction contract to Beador Construction Inc. in the amount of $1,259,700 for the Mesmer Low-Flow Diversion Project, PR005 as the lowest responsive and responsible bidder; and,
3. Authorize the Public Works Director/City Engineer to approve change orders in an amount not to exceed $125,970; and,
4. Authorize the City Attorney to review/prepare the necessary documents; and,
5. Authorize the City Manager to execute such documents on behalf of the City.