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HomeMy WebLinkAboutMinutes 1961-09-13 Bsettxement.wi.tri Jonn j~. Artukovich Sons, Contrac~2-3 Inc. • , . • ~ Lee M.Nelson,Paul 0.Brown,T.A. Dunn,Conrad Hohener,Sidney L.Lowry, C.’Arthur Niseon,Jr.,Harry Billings, Jim Karino,Jack Boettner and Fred~A. Harper,Secretary The General Counsel reviewed the legal ramifications of the claims submitted by the’Contractor and concuri~ed with the recommendation of the Contract Committee:sinc~e the negotiated amount represented settlement only..for’obstructions not shown on the plans and the retained percentage less-;$l9~3OO for liquidated damages.di.ie the.District;and,that the Contractor further agreed to waive all rights to~.~‘.and aU.other’claims against th&District In connection With.thi~contract.: _______________________ Moved,seconded and duly carried: ____________________ That Change Order No.3,adopted ________________________ November 9,1960 be resëinded and made of ~no further e!fe~t since the the section referred to in this change original plans rather than In accord No.3. MINUTES OF THE ADJOURNED REGULAR MEETING • .. BOARD OF”DIRECTORS,COUNTY SANITATIQN DISTRICTNO.2 ~-‘ OF ORANGE COUNTY,CALIFORNIA ‘.:.. • . .September 13,1961 .at 7:00 p.m. . Room:239.,1104 West Eighth.Street Santa Ana,.CalifOrnia Pursuant to adjournment of the regular meeting on August 9, 1961 the Board of Directors of County Sanitation District No.2 of Orange County,California,met in art adjourned regular meeting.at 7:00 p.m.September 13,1961.in Room 239~at 1104 West”Eighth Street, Santa Ana,California..:. . The Chairman.called The roliwas..called. Board present. the meeting to order at•7:00 p.m. and the Secretary reported a quorum of the Directors present:Frank.J.1.Schweitzer,Jr.(Chairman), Henry Boer,Howard M.Cornwell, Glenn 0.Fry,Dale H.Heinly,.James .Hock,Rex A.Parks,Walter W.Walker and Wil1iamHirstein:.~ .D1recto~s absent:John M.Pe].ierin Others present.:.. Report of the Special A verbal report~of the Special Contract .Coimi~ittee on ~,Contract Committee,comprised of - Dire’~tors Schweitzer,Cornwell, ________________________ Walker and Fry,was made’by Chairman ______________________ Schweitzer who repo~’tedthat the Committee had met with the General Counsel,the staff’and the Contractor’s representatives to discuss the claims of John.A...-.Artukovich Sons,.. mO.on Contract No.2-3,and the Committee’s recommendation was that the Board approve the’.settlement for additional work as presented.in Change Order No.5•. . ,‘,“•~. ‘‘- Rescindin~Change.Order No..-3 to the.plans and specifications.‘for Con tract No.2-3 Contractor constructed order according to the ance with Change Order —1— Approving and adopting Change Order No.5 to the plans and specifications for Contract No.2~ ________________________ That Change Order No.5 dated September 13,1961 to the plans and specifications for the Newhope-Placentia Tr~tnk Sewer,Con tract No.2-3,is hereby approved and adopted and that total addition of $51,891.78 is hereby authorized to be made to the contract with John A.Artukovich~Sona,Inc.,Contractor.Copy of this change order is attached hereto and made a part of these minutes.. .. . - That Change Order No.6 dated September 13,1961 to the plans and specifications for the Newhope—Placentia Tri.ink Sewer,Con tract No.2-3,is herebyapproved and adopted and that total~, addition of $3,123.00 is hereby authorized to b~made to the: contract with John A.Artukovich Sons,Inc.,Contractor.Copy of this change order is attached hereto and made a part of these minutes. I~oved,seconded and duly carried:. Approving and adopting Ôhange Order No.b to the plans and specifications for contract No.2-3 Moved,seconded and duly carried: Approving and adoptirig Change Moved,seconded and duly carried: Order No.7 to the plans and specifications for Contract That Change Order.No.7 dated No.2-3 . September 13,1961 .to the plans and specifications for the Newhope—Plácéntia.Trunk Sewer,Contract No.2-3;,.is hereby approved and adopted.(JohnA.Artukovich Sone,Inc.,.Con tractor)Copy of this change.order is attached~heretd and made a part of these minutes. Accepting as completed the Moved,seconded and duly carried: construction of Contract No.2-3,and author~z1ng That the Board of Directors adopt Notice of Completion of Resolution No..98’4-2,accepting Work ..as completed the construction of the Newhope-Placentia Trunk Sewer, aontract No.2-3,and authorizing execution and recordation of Notice of Completion of Work.:Certified copy of this reso].u— tion is attached hereto and made a part of thes;e minutes.. Authorizing execution of Moved,seconded and duly carried: Agreement for Full and Final Settlement of.Con-.~~That the Chairman and the Secretary tract No.2—3 .of the District be authorized to sign Agreement for Full and Final Settlement of Contract No.?-3,dated September~13.,1961,be tween the Di~trict and John A..Artukovich Sone,~Inc.,Contractor. Approving and authorizing Moved,seconded and duly carried: execution of Utilities Agreement with State That the Board of ]~irectors adopt Division of Highways Resolution No.978-2,approving and authorizing execution of Utilities Agreement No.7Ut-2063,dated September l3,.l9~1,with the State of California,Department of Public Works,Division of Highways,in connection with encasement of 2L1._inch trunk sewer-.- within the construction area of Route 179 Freeway.Certified copy of this resolutIon is attachcd.hereto and made a part of these minutes.., —2— 1.1 and similarly so designated in that certain action in eminent domain #88751 now pending in the Superior Court of the State of California in and for the County of Orange,and the temporary easement described in Resolution No.817-2 as Parcel 2-T and similarly so designated in said eminent domain action #88751 for the sum of money hereinafter set forth to be paid from the Construction Fund of County Sanitation District No.-2 to the defendants herein after named: (2)That said sum of money shall be paid by the Auditor of the District upon entry of the Interlocutory Judgment in Condemnation (or Pre1im~nary Order)in said lawsuit for the interest of said defendants and all other persons having ownership interests in the real property indicated by said parcel numbers hereinabove enumerated,as desig nated in the complaint in eminent domain filed in the lawsuit hereinabove described. FURTHER MOVED: That C.Arthur Nisson,Jr.,General Counsel,Ia hereby autho rized and directed to sign warrant register and warrant demand for payment of the above amount upon entry of the interlocutory judgment or judgments (or Preliminary Order). Adjournment Moved,seconded and duly carried: That this meeting of the Board of Directors of County Sanitation District No.2 be adjourned. Authorizing acquisition of Moved,seconded and duly carried: ~ight of way from Anaheim Union Water Company,and That Miller,Nisson,Kogler and authorizing payment there - Wenke,attorneys for the County ror (Contract 2-7 Sanitation District No.2 are hereby authorized to enter into a stipulation or stipulations for judgment in favor of the District providing easements required by the District for the completion of its construction and maintenance of sewerage facilities (Contract 2-7)are obtained for the use and enjoy ment of the District in form app’oved by C.Arthur Nisson,Jr., and providing for the hereinafter set forth payment of money. (1)That the permanent easements described in Resolution No.817-2 as Parcels 2-P and 3—P Th:Anaheim Union Water Company, a corporation Parcels 2—?,3—P and 2-T $2,100.00 1~Jhereupon the Chairman declared the meeting so adjourned at 7:25 p.m.,September 13,1961. Chairman,Board of Directors County Sanitation District No.2 Of Orange County,California ATTEST: Secretary,Board of Directors County Sanitation District No.2 Of Orange County,California —3—