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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