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HomeMy WebLinkAboutRES NO 010-14RESOLUTION NO. r . 010 -14 A RESOLUTION DETERMINING THAT CERTAIN CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS CITED WITHIN THIS RESOLUTION ARE TO BE CLASSIFIED AS SUBSTANTIALLY COMPLEX FOR PURPOSES OF PUBLIC CONTRACT CODE SECTION 7201 AND AUTHORIZING THE INCREASE OF THE RETENTION FROM FIVE PERCENT TO TEN PERCENT FOR SAID CIP PROJECTS WHEREAS, Section 7201 of the Public Contract Code (applicable to charter cities) restricts retention proceeds in public construction contracts from exceeding five percent of the total contract payment; and WHEREAS, Section 7201 applies to all public construction contracts and will remain in effect until January 1, 2016; and WHEREAS, public entities may withhold retention proceeds exceeding five percent on specific projects where, before putting the project out to bid: The governing body or designee approves a finding during a regular and properly noticed public hearing that the proposed project is substantially complex and requires a retention amount greater than five percent; and 2. The public entity includes both the finding and the designated retention amount in the bid documents for the project; and WHEREAS, the City's definition of substantially complex projects will be based upon the number of various disciplines and trades involved in the construction of a project; and WHEREAS, for those CIP projects which are determined to be substantially complex, a retention of ten percent will be applied to contract payments; and WHEREAS, the following CIP projects are to be considered substantially complex since various disciplines and trades are involved in the construction of these projects: • Fire Station 8 Remodel (Ward 3) • Manor Street Bridge over the Kern River (Ward 3) • Mesa Marin Phase 2 (Ward 3) • Police Department Firing Range Facility (Ward undetermined) • Sports Village Phase 3 (Ward 6) s � r U � -- Page 1 of 3 Pages -- ORIGINAL NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. The following CIP projects are to be considered substantially complex: • Fire Station 8 Remodel • Manor Street Bridge over the Kern River • Mesa Marin Phase 2 • Police Department Firing Range Facility • Sports Village Phase 3 3. Retention for substantially complex CIP projects will be increased from five percent to ten percent for the above referenced projects. 4. The bid /construction documents for these CIP projects shall include notice to the bidders of this finding and of the higher retention rate. - - - - - -- 000- - - - - -- o<1gPKE9 � r ORIGINAL -- Page 2 of 3 Pages -- HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on JAN 0 8 2014 by the following vote: �•` ✓ ✓ ✓ ✓ ✓ ✓ ✓ COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER: 12bm ABSTAIN: COUNCILMEMBER: ri ABSENT: COUNCILMEMBER: no(' QL' ROBERTA GAFFORD, C CITY CLERK and Ex Of cio Clerk of the Council of the City of Bakersfield JAN 0 8 2034 APPRO HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Att rn y ,a By: ANDREW HEGLUND � Deputy City Attorney G: \GROUPDAT \ADMINRPT \2013 \11 -06 \Substantially Complex- Resolution.doc -- Page 3 of 3 Pages -- o``�AKF9T s m � O ORIGINAL