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RESOLUTION NO. 129-2009
AWARDING A CONSTRUCTION CONTRACT AND AUTHORIZING AN
ENCROACHMENT AGREEMENT WITH CENTRAL CONTRA COSTA SANITARY
DISTRICT FOR THE INSTALLATION OF METAL RAIL FENCING AND GROUP
PICNIC AREA SHADE STRUCTURES AT HAP MAGEE RANCH PARK, CIP NOS.
B-451 AND B-520
WHEREAS, the Danville Town Council approved a call for bids for the installation of
metal rail fencing via Resolution No. 76-2009 and for the erection of group picnic area
shade structures via Resolution No. 108-2009 at Hap Magee Ranch Park, CIP Nos. B-451
and B-520 respectively; and
WHEREAS, the Danville Town Council has appropriated funding for the project costs in
the adopted Capital Improvement Program; and
WHEREAS, the City Clerk of this Town did, in open session on the 1st day of December,
2009, publicly open and read aloud the sealed bids received as required by law; and
WHEREAS, the lowest responsive bidder is Bugler Construction of Pleasanton, CA and the
City Engineer has recommended awarding a construction contract for the projects to said
contractor; and
WHEREAS, the shade structures will encroach within an easement owned by the Central
Contra Costa Sanitary District according to the grant of easement recorded on February 19,
1968 in Book 5578 at Page 432 in the office of the County Recorder; and
WHEREAS, the District and Town have negotiated an Encroachment Agreement for
execution by both agencies; now, therefore, be it
RESOLVED, by the Danville Town Council, that the Town award construction contract for
the metal rail fencing and group picnic area shade structures at Hap Magee Ranch Park,
CIP Nos. B-451 and B-520, respectively, to Bugler Construction of Pleasanton, CA; and, be it
further
RESOLVED, by the Danville Town Council, that the Town Manager be and hereby is
authorized to execute, on behalf of the Town, an Encroachment Agreement with Central
Contra Costa Sanitary District to construct the group picnic area shade structures within a
District easement at Hap Magee Ranch; and, be it further
RESOLVED, by the Danville Town Council, that the Town Manager be and hereby is
authorized to execute, on behalf of the Town, a written contract with Bugler Construction
for $112,725 plus a 20% construction contingency of $22,545, for a total budget of $135,270
for work in connection therewith, and the City Clerk is hereby directed to attest same and
affix thereto the official seal of the Town; and, be it further
RESOLVED, that the City Clerk shall within five (5) days of the adoption of this resolution,
transmit an Extract of Public Works contract award to the Department of Industrial
Relations, Division of Apprenticeship Standards, and P.O. Box 603, San Francisco, CA
94101. (Note: Should a finding of any discrepancy regarding this ratio of apprentices to
journeymen be made, the Town shall notify the Division of Apprenticeship Standards of
such findings.)
APPROVED by the Danville Town Council at a regular meeting on December 15, 2009 by
the following vote:
1\YES: Doyle, Stepper, Andersen, Arnerich, Storer
NOES: None
1\BST 1\INED: None
1\BSENT: None
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1\PPROVED 1\S TO FORM:
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CITY ATTORNEY I
.
1\ TTEST:
P 1\GE 2 OF RESOLUTION NO. 129-2009