HomeMy WebLinkAboutResolution 1984 - 0078RESOLUTION NO.84-78
AUTHORIZING THE GENERAL MANAGER TO APPROVE SUPPLEMENTAL
AGREEMENTS TO CONSTRUCTION CONTRACTS FOR SUBSTITUTION
OF SECURITIES
A RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY
SANITATION DISTRICTS NOS.1,2,3,5,6,7,AND 11
OF ORANGE COUNTY,CALIFORNIA,AUTHORIZING THE GENERAL
MANAGER TO APPROVE AND EXECUTE SUPPLEMENTAL AGREEMENTS
TO CONSTRUCTION CONTRACTS TO PROVIDE FOR THE SUBSTITU
TION OF SECURITIES AS AUTHORIZED BY GOVERNMENT CODE
SECTION 4590
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WHEREAS,the Districts enter into numerous agreements
for construction and maintenance of plant and sewer line and
related structures and facilities;and,
WHEREAS,all of said construction agreements authorize
the Districts to retain a portion of the monies due to the
construction contractor as security for the guaranteed per
formance of the work;and,
WHEREAS,Government Code Section 4590 has been recently
enacted into law to provide that upon request of the contractor,
certain approved securities may be presented to the Districts
to be held in lieu of the retention monies otherwise due and
owing under the terms of the construction contract;and
WHEREAS,the Districts’Boards desire to authorize its
General Manager or his designee to approve these supplemental
agreements in a form as recommended and approved by the
Districts’General Counsel.
NOW,THEREFORE,the Boards of Directors of County Sanitation
Districts Nos.1,2,3,5,6,7 and 11 of Orange County,
California,
DO HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That upon receipt of a request by any contractor
performing work pursuant to an agreement with the Districts
for the construction,repair or maintenance of any of Districts’
facilities,including trunk sewers,treatment plants and all
related structures and facilities,for the posting of securities
in lieu of monies to be retained by the Districts,as authorized
by Government Code Section 4590,the General Manager is authorized
to approve and execute such supplemental agreement on behalf
of any District,or the Joint Administrative Organization.
Section 2 The form of the supplemental agreements,
including escrow agreement and assignments,must be in a form
as recommended and approved by the Districts’General Counsel
prior to execution by the General Manager.
PASSED AND ADOPTED at a regular meeting of the Boards
of Directors held this 13th day of June,1984.
—2—
STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE
I,RITA J.BROWN,Secretary of the Boards of Directors of County
Sanitation Districts Nos.1,2,3,5,6,7 and 11 of Orange County,
California,do hereby certify that the foregoing Resolution No.84—78 was
passed and adopted at a regular meeting of said Boards on the 13th day of
June,1984,by the following vote,to wit:
AYES:Ruth Bailey,Oscar Brownell,Buck Catlin,Sam Cooper,Norman
Culver,Richard B.Edgar,Bruce Finlayson,Henry R.Frese,Don
R.Griffin,Dan Griset,Robert Hanson,Evelyn Hart,John
Holmberg,Carol Kawanami,Gerald Mullen,James Neal,Arthur
Newton,Ron Pattinson,Bob Perry,Ruthelyn Plummer,Don Roth,
Donald J.Saltarelli,Don E.Smith,Roger Stanton,Charles B.
Sylvia,John Thomas,Bill Vardoulis,James Wahner~Henry W.
Wedaa
NOES:None
ABSENT:Martha V.Weishaupt
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.1 on behalf of itself and Districts
Nos.2,3,5,6,7 and 11 of Orange County,California,this 13th day of June,
1984.
s~c~
Rita J.Brown,Secretary
Boards of Directors,County
Sanitation Distrdcts Nos.1,2,3,
5,6,7 and 11 of Orange County,
California