Resolution No. _____________

Board of Supervisors, County of San Mateo, State of California

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Resolution

(1) Adopting Plans and Specifications, Determining Prevailing Wage Scales, Determining the Low Bidder, and Authorizing Execution of a Contract 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 (Project No. RK701, F-36 [381]), and
(2) Waiving the Requirement of Compliance with the County’s Contractor Employee Jury Service Ordinance

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, this Board of Supervisors did, on February 13, 2007, adopt Resolution No. 068549, which authorized the Director of Public Works to proceed with the design of 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 bid for said project; and

WHEREAS, plans and specifications, dated March 20, 2007, were prepared and approved by the Director of Public Works 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 as described above and as shown on Exhibit “A” attached hereto and made a part hereof, and said plans and specifications were filed in the office of the Director of Public Works; and

WHEREAS, a schedule of prevailing wage scales for each craft or type of workman needed to execute these plans and specifications in the locality in which said work is to be performed has been established by the Department of Industrial Relations and has been referred to in said plans and specifications; and

WHEREAS, the Department of Public Works did issue a call for sealed proposals to be received at the Office of the County Manager / Clerk of the Board of Supervisors, Hall of Justice and Records, 400 County Center (formerly 401 Marshall Street), Redwood City, California, until the hour of 2:30 p.m., Tuesday, April 10, 2007; and

WHEREAS, the Department of Public Works did cause the notice inviting sealed proposals to be published two (2) times in the Independent Newspaper Group, a newspaper printed and published in this County, and obtained an affidavit of said publication, a copy of which has been filed with the Clerk of the Board of Supervisors; and

WHEREAS, said bids were then publicly opened and declared in the County Manager / Clerk of the Board of Supervisors’ offices; and

WHEREAS, the Board of Supervisors has caused an analysis of said sealed proposals to be made by the Director of Public Works of the County of San Mateo, and has, in open session, fully reviewed and considered said proposals and the analysis thereof; and

WHEREAS, the only responsible bid was submitted by M. Bumgarner, Inc. (MBI), in the amount of One Hundred Seventy Thousand Seven Hundred Fifty and No/100 Dollars ($170,750.00) based on an estimate of the amount of work to be done; and

WHEREAS, in August 2006, this Board adopted the County Contractor Employee Jury Service Ordinance, which provides that compliance can be waived by the Board of Supervisors if it is in the best interest of the County to do so, such as instances in which 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; and

WHEREAS, because there was only one bid for the project, which bid was below the engineer’s estimate, and whereas the timely installation of the barrier is consistent with public safety in that it will minimize the number of traffic accidents on Westborough Boulevard, this Board finds that waiver of the requirement of compliance with the Contractor Employee Jury Service Ordinance for this contract is in the County’s best interest.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED as follows:

1.

The plans and specifications dated March 20, 2007, for the aforesaid project, on file in the Office of the Director of Public Works, to which reference is hereby made for further particulars, are hereby approved and are adopted as the plans and specifications to be adhered to in letting and performing the work under a contract for said improvements.

2.

The schedule of prevailing wages referred to in said plans and specifications has been determined to contain the general prevailing rates of wages in the locality in which said work is to be performed for each craft or type of workman needed to execute said contract.

3.

That it is to the best interest of the County of San Mateo to award the contract 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 (Project No. RK701, F-36 [381]) to:

M. Bumgarner, Inc. (MBI)

1175 Greenville Road

Livermore, CA 94550

4.

That the County of San Mateo shall enter into a written contract with
M. Bumgarner, Inc. (MBI) for the doing of said work as required by the plans and specifications, as hereinbefore mentioned.

5.

That the President of this Board of Supervisors shall be, and is hereby, authorized and directed, for and on behalf of the County of San Mateo, to enter into said written contract with M. Bumgarner, Inc. (MBI) for the doing of said work, as hereinbefore mentioned and to receive and approve the Faithful Performance Surety Bond and the Labor and Material Surety Bond required to be posted by the said Contractor with the County of San Mateo in connection therewith.

6.

That all payments to the Contractor be in accordance with the plans and specifications, and other contract documents, based on the Director of Public Works' written estimates of work actually done.

7.

That, Paragraph 6 above notwithstanding, aggregate payments to Contractor shall not exceed the sum of One Hundred Eighty-Seven Thousand Eight Hundred Fifty and No/100 Dollars ($187,850.00) without this Board's approval.

8.

That the Clerk of the Board of Supervisors, County of San Mateo, shall be, and is hereby, authorized and directed to attest the signature of the President of this Board of Supervisors to said written contract.

9.

It is in the County’s best interest to waive compliance with the County’s Contractor Jury Service Ordinance for this agreement, and compliance is therefore waived for this agreement.

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