HomeMy WebLinkAboutResolution 1982 - 0055RESOLUTION NO.82-55-5
AUTHORIZING AND CONSENTING TO AN ASSIGNMENT OF
CONTRACT NO.5-12-2 FROM PASCAL &LUDWIG,INC.
TO ADVANCO CONSTRUCTORS,INC
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.5 OF ORANGE COUNTY,
CALIFORNIA AUTHORIZING AND CONSENTING TO AN
ASSIGNMENT OF CONTRACT NO.5-12-2 FROM PASCAL
&LUDWIG,INC.TO ADVANCO CONSTRUCTORS,INC.
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WHEREAS,on December 9,1981,the District Directors
adopted Resolution No.81-207-5,receiving and filing bid
tabulation,awarding a contract for converting gravity sewer
force mains by the installation of liner pipe,Job No.5—12-2,
to Pascal &Ludwig,Inc.;and,
WHEREAS,Pascal &Ludwig,Inc.filed a petition with the
U.S.Bankruptcy Court under Chapter 11 of the Bankruptcy Act
designated as Case No.SB—81-03597-WH;and,
WHEREAS,pursuant to said Petition,the Bankruptcy Court
issued its order dated February 26,1982,assigning all execu
tory contracts of Pascal &Ludwia,Inc.to Advanco Constructors,
Inc.;and,
WHEREAS,Pascal &Ludwig,Inc.and Advanco Constructors,
Inc.have requested the consent of the District to an assignment
of the contract and all right,duties and obligations,relating
thereto,from Pascal &Ludwig,Inc.to Advanco Constructors,
Inc.;and,
WHEREAS,the District has determined that Advanco Con
structors,Inc.is fully qualified to perform the terms and
conditions of said contract and assignment thereof would pose
no additional risk or burden upon the District.
NOW,THEREFORE,the Board of Directors of County Sanitation
District No.5 of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That certain agreement between the District
and Pascal &Ludwig,Inc.dated December 30,1981,for Contract
No.5-12-2,may be assigned from Pascal &Ludwig,Inc.to
Advanco Constructors,Inc.,and the District expressly consents
thereto,subject to the posting of new bonds,securing the per
formance and payment of labor and materials,certificates of
insurance and other legal documents as required by the plans
and specifications of the contract,and in a form approved
by the District’s General Counsel.
PASSED AND ADOPTED at a regular meeting held this 12th
day of May
,1982.
—2—
STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE
I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of County
Sanitation District No.5 of Orange County,California,do hereby certify that
the foregoing Resolution No.82—55—5 was passed and adopted at a regular
meeting of said Board on the 12th day of May,1982,by the following vote,to
wit:
AYES:Jacqueline Heather (Chairman),John C.Cox,Jr.,Thomas F.
Riley
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.S of Orange County,California,this
12th day of May,1982.
J.Wayne S~1v,éster,Secretary
Board of Di~ctors of County
Sanitation ‘~‘istrict No.5
/
~f Orange County,Caiifornia