COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

April 12, 2007

BOARD MEETING DATE:

April 24, 2007

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

David J. Clarke, Acting Director of Public Works

SUBJECT:

Installation of a Metal Beam Guardrail Barrier on Westborough Boulevard from the West End of an Existing Metal Barrier near West Orange Avenue, Westerly towards a Landscaped Island near Junipero Serra Boulevard (Project No. RK701, F-36 [381])

Recommendation

Adopt a resolution:

1.

Adopting plans and specifications dated March 20, 2007, determining prevailing wage scales, determining the low bidder and authorizing execution of a contract for the above referenced project, and

2.

Waiving the requirement of compliance with the County’s Contractor Employee Jury Service Ordinance.

Vision Alignment

Commitment: Ensure basic health and safety for all.

Goal 7: Maintain and enhance the public safety of all residents and visitors.

The installation of the metal beam guardrail barrier will improve the traffic safety condition of this section of Westborough Boulevard for the benefit of the public.

Background

Previous Board Action

1.

Directed the Department of Public Works to install an approximately 1,000 foot-long section of metal beam barrier on the median in the unincorporated section of Westborough Boulevard near West Orange Avenue in 2003.

2.

Adopted Resolution Number 068549 on February 13, 2007, which authorized the Director of Public Works to proceed with the design for the installation of a metal beam guardrail barrier on Westborough Boulevard from the west end of an existing metal barrier near West Orange Avenue, westerly towards a landscaped island near Junipero Serra Boulevard, and to proceed with the advertisement for bids for the construction.

3.

Adopted the Contractor Employee Jury Service Ordinance in August 2006.

Discussion

The proposed project consists of the installation of approximately 2,500 feet of metal beam guardrail barrier in the median on Westborough Boulevard at the above-mentioned limits, as shown on Exhibit “A”.

The project qualifies for a Categorical Exemption pursuant to Section 15301.C of the Guidelines for Implementation of the California Environmental Quality Act (CEQA), and a Notice of Exemption has been filed with the County Clerk Recorder as provided by County guidelines.

On April 10, 2007, bids were accepted for this project and subsequently referred to this office for checking and recommendation. There was only one responsive bid received for the project.

M. Bumgarner, Inc. (MBI)

1175 Greenville Road

Livermore, CA 94550

The bid was for $170,750. The Engineer's estimate was $171,000.

However, while the Contractor can assure compliance with the required County contract provisions concerning insurance, hold harmless, non-discrimination and equal benefits, the Contractor is subject to a collective bargaining agreement and cannot certify compliance with the County's Contractor Employee Jury Service Ordinance. The Ordinance does not apply to those contractors who had collective bargaining agreements in place as of September 1, 2005, but does apply to contracts awarded after the effective date of the next collective bargaining agreement.

However, the Ordinance provides that the Board of Supervisors may waive the requirements of this chapter when it determines that it is in the best interests of the County. Examples of such situations are where the contractor is a sole source of a service, or where no compliant contractors are capable of providing goods or services that respond to the County’s requirements. In addition, the timely installation of the barrier is consistent with public safety in that it will minimize the number of traffic accidents on Westborough Boulevard. For these reasons, it is recommended that your Board waive of the requirement of compliance with the Contractor Employee Jury Service Ordinance for this contract.

A resolution has been approved as to form by County Counsel.

Fiscal Impact

The total estimated cost of this project is $187,850.00, which includes a ten percent (10%) contingency (approximately $17,100) as the work is bid on a unit price basis (i.e., linear foot of barrier, etc.). The contingency is used to pay the contractor for any additional material placed as the actual length of barrier installed is determined in the field. The project is proposed to be financed as follows:

San Mateo County

$155,900.00

City of South San Francisco (17%)

$ 31,950.00

Total Estimated Cost

$187,850.00

The work within City of South San Francisco will be included in the contract and reimbursed by the City as the City Council has agreed to pay 17% of the costs of the project, proportional to the length of the project located within City of South San Francisco City limits.

Sufficient road funds have been budgeted to finance the project.

There is no impact to the General Fund.