HomeMy WebLinkAboutRES NO 010-14RESOLUTION NO.
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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)
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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.
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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
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