HomeMy WebLinkAboutCC RES 12-41RESOLUTION NO. 12-41
I 1 6 1 A Q11 I = il I I M O V. A a
WHEREAS, Public Contract Code section 7201(b)(1) provides that, with respect
to public works contracts entered into on or after January 1, 2012, between a public
entity and an original contractor, (i) the retention proceeds withheld from any payment
by the public entity from the original contractor shall not exceed five percent (5%) of the
payment and (ii) the total retention proceeds withheld by the public entity from the
original contractor shall not exceed five percent (5%) of the contract price; and
WHEREAS, Public Contract Code section 7201(b)(4) provides that,
notwithstanding this limitation, the retention proceeds withheld from any payment by a
city from the original contractor may exceed five percent (5%) on a specific project
where the governing body of the city has approved a finding during a properly noticed
and normally scheduled public hearing and prior to bid that the project is substantially
complex and therefore requires a higher retention amount than five percent (5%) and
the city includes both this finding and the actual retention amount in the bid documents
for the project;
WHEREAS, the City of Tustin intends to competitively bid and award a contract
for construction of the Tustin Legacy Fire Station — Relocation of Station #37 Project
(the "Project"); and
WHEREAS, City staff has determined that the Project is a substantially complex
project for purposes of requiring a retention amount greater than five percent (5%) and
that such a larger retention amount is necessary to ensure the Project is timely
completed and to maximize the protection of the City's finances given the complexity of
the Project; and
WHEREAS, on May 15, 2012, at a regularly and properly noticed meeting, the
Tustin City Council held a duly noticed public hearing to consider and determine
whether the Project is substantially complex and thus requires a higher retention
amount than five percent (5%), and at which all interested persons were given an
opportunity to be heard; and
WHEREAS, the City Council duly considered all information, reports, and oral
and written public comments presented at the public hearing.
Resolution 12-41
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NOW THEREFORE, the City Council of the City of Tustin hereby resolves as
follows:
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Section 1 The above recitals are true and correct.
Section 2. Based on all available information, including, but not limited to, reports,
analyses, presentations by City staff, and/or public comment reviewed by the City
Council in connection herewith, and pursuant to Public Contracts Code section
7201(b)(4), the City Council hereby finds and determines that the Project is substantially
complex and therefore requires a retention amount higher than five percent (5%). The
facts upon which this finding are based include, but are not limited to, the following:
a. The Project consists of construction of an approximately 9,600 square foot
fire station facility, which is a specialized building type supporting
numerous specialized functions and security systems.
b. The fire station will be constructed to serve as an "essential services"
building following a disaster and is thus subject to more stringent State
Health and Safety and Building Code requirements applicable to "essential
services" buildings.
C. The Project needs to be constructed in a manner that will facilitate
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achievement of SEED certification. 1 1 1 1 11 - 1
Section 3. The City Council hereby approves an actual retention amount ten percent
(10%) for the Project and approves the withholding of retention proceeds in an amount
up to ten percent (10%) of each payment to the original contractor and of the total
contract price.
Section 4. The findings set forth in Section 2 and the actual retention amount shall be
included in the bid documents for the Project.
Section 5. If any provision, section, subsection, sentence, clause, phrase or word of
this Resolution is for any reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Resolution.
The City Council hereby declares that it would have passed and adopted this
Resolution, and each and all provisions hereof, irrespective of the fact that one or more
provisions may be declared invalid.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 15th day of May 2012.
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A,
A
JOHN,NIELSEN,
Mayor
Resolution 12-41
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PAMELA S
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE SS
CITY OF TUSTIN
1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 12-41 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day
of May 2012 by the following vote:
Z.
Nielsen, Murray, Amante, Gavello, Gomez (5)
None (0)
None (0
None (0
MINIM lhik�-
PAMELA STOKER,
City Clerk
Resolution 12-41
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