HomeMy WebLinkAboutReso 011-89 CivCntrGypsumRESOLUTION NO. 11 - 89
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING SUBSTITUTION OF SUBCONTRACTOR
CIVIC CENTER PROJECT - GYPSUM WALLBOARD
WHEREAS, Section 4107 of the California Public Contract Code sets forth the
procedure for substitution of listed subcontractors; and
WHEREAS, Dickman-Nourse, Inc. (DNI), is the prime contractor for Agreement No.
87-9: Dublin Civic Center; and
WHEREAS, DNI has requested authorization to substitute Aderholt Specialty Co.,
Inc., for Olympia Drywall Company, (OLYMPIA); and
WHEREAS, notice of these proceedings has been duly given and Olympia has filed
written objections to the substitution; and
WHEREAS, DNI has provided substantial evidence representing that a substitution is
warranted pursuant to Sections 4107(a)(3) and 4107(a)(7) of the California Public
Contract Code; and
WHEREAS, the City Council conducted a public hearing on February 13, 1989; and
WHEREAS, at said public hearing, Olympia Drywall Co., presented testimony
objecting to the substitution.
NOW, THEREFORE, BE IT RESOLVED that based on the attached "Findings of Fact" and
in accordance with the California Public Contract Code, the City Council of the City of
Dublin hereby authorizes Dickman-Nourse, Inc. to substitute Aderholt Specialty Co.,
Inc. in place of Olympia Drywall Co., as the subcontractor for specified work on the
Dublin Civic Center Project No. 87-9.
BE IT FURTHER RESOLVED that as an expressed condition of the City Council
authorization to substitute the subcontractor, DNI shall execute the attached Letter of
Indemnification, attached hereto and by reference made a part hereof.
BE IT FURTHER RESOLVED, this authorization shall be subject to all pertinent
sections of Contract 87-9 by and between Dickman-Nourse, Inc., and the City of Dublin.
PASSED, APPROVED AND ADOPTED this 13th day of February, 1989.
AYES: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt
NOES: None
ABSENT: None
ATT~
FINDINGS OF FACT
1. The City of Dublin awarded contract No. 00400, Project 87-9 to
Dickman-Nourse, Inc., as general contractor.
The City of Dublin was presented with a request for substitution by
Dickman-Nourse, Inc., in accordance with the Public Contract Code on or
about January 23, 1989. Said request proposed that Olympia Drywall
("Olympia") Company be substituted as the gypsum wallboard
subcontractor and proposed substituting Aderhold Specialty Company,
Inc., in place of Olympia as the gypsum wallboard subcontractor.
The City of Dublin mailed a notice of the request to substitute to
Olympia on January 24, 1989. The document was received by Olympia on
January 25, 1989.
4. Olympia filed written objections to the substitution. The objection
was received by the City on January 30, 1989.
5. Olympia was advised of the scheduled hearing in a notice received on
February 3, 1989.
The City Council conducted a public hearing on February 13, 1989, at
which it heard testimony and received evidence. The Council hereby
takes official notice of documents presented at the public hearing,
including the staff report and all documents included therein.
Olympia was awarded the subcontract to perform certain work on Project
No. 87-9 by Dickman-Nourse, Inc., pursuant to a Subcontract Agreement
dated December 21, 1987, wherein Olympia agreed (1) to furnish and
install Section 05400 Light Steel Structural Framing, (2) Section 09100
Metal Framing and Support Systems, and (3) Section 09250 Gypsum
Wallboard.
Olympia has refused, and continues to refuse (1) to furnish and install
Section 05400 Light Steel Structural Framing, pursuant to the
Subcontract Agreement, and (2) to proceed with work as changed, as
provided in Section 6 in the Subcontract Agreement.
9. The actions of Olympia, as set forth in Finding #8, have substantially
delayed and disrupted the progress of work on Project No. 87-9.
10. The City Council makes no findings as to Dickman. Nourse, Inc.'s
compliance or non-compliance with the Subcontractor's Listing Law.
LETTER OF INDEMNIFICATION
TO: Richard C. Ambrose, City Clerk
Dickman-Nourse, Inc. (DNI), has requested that the Dublin City
Council authorize the substitution of Aderholt Specialty Co., Inc.,
for Olympia Drywall Company.
In accordance with all applicable sections of the California Public
Contract Code, the City Council has conducted a hearing on the
matter. The City Council has approved the substitution contingent
upon an authorized representative of DNI executing this letter.
Dickman-Nourse, Inc. (DNI), hereby acknowledges that in consideration
for authorization herein granted, DNI agrees to indemnify and hold
harmless and release the City of Dublin, its officers, agents and
employees from any and all claims of action and suits arising out of
or in any way connected with the City Council authorization to
substitute the above referenced subcontractors.
e~/~/K.~Nourse, II
President, DNI
Dated: