HomeMy WebLinkAbout10-047 - Resolutions RESOLUTION NO. 10-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA DENYING THE REQUEST OF UST
DEVELOPMENT INC. TO SUBSTITUTE GATES LANDSCAPING
INC. AS A SUBCONTRACTOR ON THE WILSON AVENUE
LANDSCAPING AND TRAIL FROM CARNELIAN TO EAST OF
CARNELIAN PROJECT, AND MAKING FINDINGS IN SUPPORT
THEREOF
A. Recitals.
(i) UST Development, Inc. ("UST" hereinafter) advised the City of Rancho
Cucamonga in writing that it was substituting out of City's Wilson Avenue Landscaping —
Carnelian Avenue Project ("the Project") Gates Landscaping, Inc. ("Gates") as a subcontractor.
(ii) Gates timely objected to UST's substitution request.
(iii) Pursuant to California Public Contracts Code § 4107 and 4107.5 and Resolution
04-008 of this Council, a hearing on the above-referenced substitution request was conducted
and concluded by the City Attorney.
(iv) The City Attorney has supplied a transcript of the hearing and copies of all
exhibits entered in the record to this Council and has recommended the adoption of this
Resolution, thereby denying the substitution request.
(v) All prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it hereby is found, determined and resolved by the Council of the
City of Rancho Cucamonga as follows:
1. All of the facts stated in the Recitals, Part A, of this Resolution are true and
correct.
2. Based upon substantial evidence presented during the hearing referred to above,
this Council does specifically find as follows:
a. UST's purported basis for substituting Gates out as a subcontractor on
the Project was that Gates did not supply adequate manpower to timely complete its work and,
further, that that factor delayed completion of the Project for a period of one to two months.
b. No substantial evidence was presented at the hearing to support UST's
position stated in 2a above.
C. Gates was precluded from completing its work installing landscaping
materials and a sprinkler system for the Project because of delays caused by Southern
California Edison in supplying electricity to the job site and Cucamonga Valley Water District in
supplying water to the job site.
d. Due to the delays noted in 2c above, Gates could not commence the
installation of plant materials until mid-December of 2009.
e. In December, 2009, Gates announced to UST that Gates would not
complete its work on the Project until Gates was paid what it then was owed pursuant to its
contract with UST.
f. Gates never has been paid by UST for any labor or materials supplied to
the Project.
g. The only payment which UST made to Gates connected with the Project
was made with a check returned for lack of sufficient funds on deposit.
h. The contract between UST and Gates concerning the Project provided
that Gates could suspend work on the Project if not paid in accordance with the terms and
provisions of the contract.
3. Based upon substantial evidence presented during the above-referenced hearing
and on the facts stated in paragraph 2 of this resolution based on that evidence, this Council
hereby denies UST's request made to the City to substitute Gates out as a subcontractor on the
Project.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 10-047 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 7 t day of April 2010.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
r C2—onald J. Kurth, D., Mayor
ATTEST:
1
4 -v
J ji�ice C. Reyn "Ids, City-Clerk
I, JANICE C. REYNOLDS, 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 7th day of April 2010.
Executed this 8`h day of April 2010, at Rancho Cucamonga, California.
Olt
Jan C. Reynolds, City Clerk
Resolution No. 10-047 - Page 3 of 3