HomeMy WebLinkAboutResolution 1992 - 0175RESOLUTION NO.92-175
APPROVING AGREEMENT RELATING TO CHANGE ORDER
NO.16 TO CENTRAL POWER GENERATION SYSTEM AT
TREATMENT PLANT NO.2,JOB NO.J-19-2
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 AN AGREEMENT WITH BRINDERSON CORPORATION
TO PROVIDE FOR CHANGE ORDER NO.16 TO CENTRAL POWER
GENERATION SYSTEM AT TREATMENT PLANT NO.2,JOB
NO.J-19-2
WHEREAS,Brinderson Corporation (“Brinderson”)and the
Districts have entered into an Agreement dated March 19,1990,
for Central Power Generation System at Treatment Plant No.2,Job
No.J-19-2,for the construction of facilities and the
installation of five internal combustion engines manufactured by
C—B Reciprocating Energy Services Group (“Cooper”),•in the newly—
constructed facilities;and,
WHEREAS,by mid-1992,Brinderson had completed a major
portion of the facilities,including engines installation,in
accordance with the terms and conditions of said contract;and,
WHEREAS,prior to final completion and installation and
during the course of the required testing of the newly-installed
engines,contaminants were discovered in said engines which have
resulted in damage and the prospect of additional future damage
to said engines;and,
WHEREAS,a dispute has arisen among Cooper,Brinderson and
the Districts as to the cause of the contaminants and the fault
and responsibility of the respective parties for said
contaminants and resulting damages;and,
WHEREAS,Brinderson,Cooper and Districts have this date
approved a Settlement Agreement providing for a procedure to have
the damaged engines inspected,repaired and restored to full
operating condition and to establish procedures for the final
resolution of issues relating to cause of the contaminants and
responsibility for damages incurred;and,
WHEREAS,Brinde~son installed,as a portion of Job
No.J-19-2,the lube oil piping system on each of the engines in
accordance with the design and specifications,as provided by the
engine manufacturer and the Districts’Design Engineer;and,
WHEREAS,the parties have determined a desirability and
necessity of a redesign and reconfiguration of the lube oil
system;and,
WHEREAS,the Districts desire to have Brinderson undertake
the removal of the originally—constructed lube oil system and to
reinstall said system in accordance with the new design and
specifications;and,
WHEREAS,the parties have agreed as to the cost of the
removal and replacement of the lube oil system,for which the
Districts will compensate Brinderson in addition to the existing
Job No.J-19-2 amount.
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,DETERNINE AND ORDER:
Section 1 That certain Agreement between Brinderson
Corporation and the Districts dated November 18,1992,providing
for (a)the approval of Change Order No.16 to Job No.J-19-2;
(b)the final acceptance of portions of the project;
(C)commencement of warranties;(d)payment of funds owing;and
(e)other miscellaneous provisions,is hereby approved.
Section 2 The General Manager and Board Secretary are
authorized to execute said Agreement in final form approved by
the 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—175 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.GuI1ixson,Barry Harrinond,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.
Penny Kyle,As Secretary
Boards of Dire&tor~(County
Sanitation Districts Nos.1,2,3,5,
6,7,11,13 and 14 of Orange County,
California