HomeMy WebLinkAboutResolution 1992 - 0174RESOLUTION NO.92-174
APPROVING SETTLEMENT AGREEMENT RE DISPUTES
OVER CENTRAL POWER GENERATION SYSTEM AT
TREATMENT PLANT NO.2.JOB NO.J-19-2,AND
PURCHASE OF SPARK-IGNITED ENGINES FOR USE
IN CENTRAL POWER GENERATION SYSTEMS,JOB
NO.J-19A
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF
COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7,
11,13 AND 14 OF ORANGE COUNTY,CALIFORNIA,
APPROVING SETTLEMENT AGREEMENT WITH COOPER ENERGY
SERVICES AND BRINDERSON CORPORATION REGARDING CLAIMS
OF BREACH OF CONTRACTS RE CENTRAL POWER GENERATION
SYSTEM AT TREATMENT PLANT NO.2,JOB NO.J-19-2,AND
PURCHASE OF SPARK—IGNITED ENGINES FOR USE IN CENTRAL
POWER GENERATION SYSTEMS,JOB NO.J-19A
WHEREAS,the Districts and C-B Reciprocating Energy Services
Group (“Cooper”)entered into an Agreement effective December 31,
1987,wherein Cooper is to manufacture eight internal combustion
reciprocating engines for use by the Districts in their Central
Generation Projects at Treatment Plants Nos.1 and 2;and,
WHEREAS,the Districts and Brinderson Corporation
(“Brinderson”)entered into an Agreement effective March 19,
1990,wherein Brinderson was to construOt facilities and install
five of the Cooper-built engines in said facilities;and,
WHEREAS,during the course of the installation of said
engines and initial operations,it was determined that said
engines contained various contaminants resulting in damage and
probable additional future damage to said engines;and,
WHEREAS,Cooper,Brinderson and Districts failed to have a
full and complete agreement as to the cause of the contaminants,
the extent of the damage and the responsibility for any repair
and reinediation of said engines;and,
WHEREAS,Cooper,Brinderson and Districts desire to get the
engines inspected,repaired and restored to full operating
condition in accordance with the plans and specifications,so as
to allow their full utilization by Districts;and,
WHEREAS,the parties have proposed a Settlement Agreement to
provide for procedures and protocols relating to the inspection,
repair and restoration of said engines,and a final resolution on
issues of determining cause and responsibility for any damages
that result from the contaminants;and,
WHEREAS,Cooper and Brinderson have approved said Agreement,
and the Management and General Counsel of Districts are
recommending approval of said Agreement.
NOW,THEREFORE,the Boards of Directors of County Sanitation
Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,
California,
DO HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That certain Agreement dated November 18,1992,
calling for the settlement of issues of dispute with an ultimate
agreement to have remaining disagreements resolved by an
arbitration procedure is hereby approved.
Section 2 The General Manager and Board Secretary are
authorized to execute the Agreement on behalf of the Districts,
in a final form approved by the Districts’General Counsel.
PASSED AND ADOPTED at an adjourned regular meeting held
November 18,1992.
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,PENNY KYLE,Assistant Secretary of the Boards of Directors of County
Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,
California,do hereby certify that the foregoing Resolution No.92—174 was
passed and adopted at an adjourned regular meeting of said Boards on the
18th day of November,1992,by the following vote,to wit:
AYES:Fred Barrera,Buck Catlin,John Collins,John C.Cox,Jr.,
Norman E.Culver,Barry Denes,James V.Evans,James H.Flora,
Don R.Griffin,John M.Gulllxson,Barry Harnond,Evelyn Hart,
Frank Laszlo,William D.Mahoney,Eva G.Miner,Carrey J.
Nelson,Glenn Parker,Richard Partin,Irv Pickler,
Ruthelyn Plumer,Leslie A.Pontious,Charles E.Puckett,
Don R.Roth,Thomas R.Saltarelli,Sal A.Sapien,Jim Silva,
Roger R.Stanton,Peer A.Swan,Charles E.Sylvia,James A.
Wahner,Henry W.Wedaa,Grace H.Winchell,George L.Zlaket
NOES:None
ABSENT:Arthur G.Newton,Miguel Pulido,Robert Richardson
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.2,3,5,6,7,11,13 and 14 of Orange County,California,this 18th day
of November,1992.
ny
Boards of Di County
Sanitation Districts Nos.1,2,3,5,
6,7.~11,13 and 14 of Orange County,
California