HomeMy WebLinkAbout04-129 - Resolutions RESOLUTION NO. 04-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, MAKING FINDINGS,
DENYING OBJECTIONS, AND APPROVING THE REQUEST OF
DOUGLAS E. BARNHART, INC.,TO SUBSTITUTE COAST ROOF
CO. FOR ZSOLT KISS,INC.,DBA GOLDEN STATE ROOFING,ON
THE CENTRAL PARK SENIOR/COMMUNITY CENTER PROJECT
WHEREAS,the City of Rancho Cucamonga is constructing certain improvements in
the City of Rancho Cucamonga known as the Central Park Senior/Community Center Construction
Project (the "Project').
WHEREAS, Douglas E. Barnhart, Inc. ('Barnhart"), is the prime contractor on the
Project.
WHEREAS, Zsolt Kiss, Inc., dba Golden State Roofing ("Golden State"), is a
subcontractor to Barnhart.
WHEREAS, Barnhart has requested that it be permitted to substitute Coast Roof Co.
in place of Golden State as a subcontractor pursuant to Public Contract Code Section 4107(a).
WHEREAS, Golden State objected to the proposed substitution and requested a
hearing by the City pursuant to Public Contract Code Section 4107(a).
WHEREAS,the City Council has previously adopted Resolution No. 04-008 providing
that in any situation specified in California Public Contract Code Section 4107 or 4107.5 requiring
the conduct of an evidentiary hearing to resolve a dispute as to whether a prime contractor should
be allowed to substitute a subcontractor for a subcontractor listed in a submitted bid, the City
Attorney, or designee thereof, shall conduct the hearing in accordance with the provisions of said
sections of the Public Contract Code.
WHEREAS,a hearing was held pursuant to Resolution No. 04-008 on April 6,2004,
before Darold Pieper, Deputy City Attorney, acting as the Hearing Officer, and he has prepared a
Statement of Decision dated April 14, 2004.
WHEREAS, the transcript of the hearing, all exhibits, affidavits and declarations
admitted in evidence during the hearing, a statement of decision, and a resolution constituting a
proposed decision have been transmitted to the City Council as required by Resolution No.04-008.
WHEREAS,the City Council has considered the statement of decision,the transcript,
the evidence admitted during the hearing,and the public testimony given at the City Council meeting
of April 21, 2004.
Resolution No. 04-129
Page 2 of 3
WHEREAS, pursuant to Resolution No. 04-008 the City Council shall consider the
Statement of Decision, the transcript, other materials and resolution submitted to it, and the
proposed resolution,and shall take action thereon;the City Council,in its sole discretion, may adopt
the submitted resolution, modify the submitted resolution and then adopt it,or direct the preparation
of another resolution for its consideration and adoption; and the City Council's adoption of a
resolution in reference to the dispute shall be the final action of the awarding authority taken to
resolve the dispute.
NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho
Cucamonga does find and decree as follows:
1. The Statement of Decision, including its Findings of Fact and Conclusions of
Law, is true and correct and is adopted in its entirety as the Findings of Fact and
Conclusions of the Law of the City Council.
2. The objections of Golden State to the substitution request of Barnhart are
overruled.
3. Barnhart is authorized to substitute Coast Roof Co., Inc., in place of Golden
State, pursuant to its written request of February 10, 2004, as authorized by
Public Contract Code Section 4107(a).
Please see the following page
for formal adoption,certification and signatures
Resolution No. 04-129
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 21"day of April 2004.
AYES: Alexander, Gutierrez, Howdyshell, Williams
NOES: None
ABSENT: Kurth
ABSTAINEDL;d4g
William . Ale nder, Mayor
ATTEST:
4&A�Q aj*�
Debra J. Ada , CMC, City Clerk
I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do
hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City
Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held
on the 21" day of April 2004.
Executed this 22nd day of April 2004, at Rancho Cucamonga, California.
Debra J. Adams, C, City Clerk