HomeMy WebLinkAboutRES NO 093-14RESOLUTION NO. 0 9 3 � 4
A RESOLUTION DETERMINING THAT THE
HOSKING AVENUE & SR -99 INTERCHANGE
PROJECT IS 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
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 the Hosking Avenue & SR -99 Interchange Project which is
determined to be substantially complex, a retention of ten percent will be applied
to contract payments; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as
follows:
The above recitals are true and correct and incorporated herein by
reference.
2. Retention for this substantially complex project will be increased from
five percent to ten percent. p,AKF9
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3. The bid /construction documents for this TRIP project 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
JUN 0 4 2014 by the following vote:
C� COUNCILMEMBER: MAxWELL, WEIR, SMITH, HAN ON, SULLIVAN, JOHNSON, RIVERRAA
NOES: COUNCILMEMBER: N 6r,%4-
ABSTAIN: COUNCILMEMBER: per_
ABSENT: COUNCILMEMBER:
4" /0��/
ROBERTA GAFFORD,
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUN 0 4 2014
44:0V
Ntr
KEN WEIR
VICE -MAYOR
APPROVED as to form
VIRGINIA GENNARO
City rney
By:
ANDREW HEGLUN
Deputy City Attorney
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NOTICE OF PUBLIC HEARING
BEFORE THE COUNCIL OF THE
CITY OF BAKERSFIELD
NOTICE IS HEREBY GIVEN that a public hearing accepting testimony will be held
before the Council of the City of Bakersfield at 5:15 p.m., or as soon thereafter as the
matter may be heard, on June 4, 2014, in the Council Chambers of City Hall located at
1501 Truxtun Avenue, Bakersfield, California, for the purpose of considering a Resolution
DETERMINING THAT THE HOSKING AVE. & SR -99 INTERCHANGE PROJECT, A THOMAS ROADS
IMPROVEMENT PROGRAM (TRIP) PROJECT, IS 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.
Anyone having questions may contact the TRIP Office at (661) 326 -3700.
PUBLIC COMMENT will be accepted in writing on or before the hearing date
indicated above at the City Clerk's Office. Any interested person may appear and be
heard as to the finding of the above referenced CIP projects as substantially complex
and increasing the retention for these projects from five percent to ten percent.
Any person challenging in court the decision made at the conclusion of such
public hearing may be limited to raising only those issues raised at such hearing or in
correspondence delivered to the City Clerk's Office prior to the close of such hearing.
May 19, 2014
ROBERTA GAFFORD, CMC
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
G: \GROUPDATWDMINRPT \2014 \06- 04 \Hosking Substantially Complex - Hearing Notice.doc
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