HomeMy WebLinkAboutResolution 1994 - 0053RESOLUTION NO.94-53
APPROVING SETTLEMENT AGREEMENT WITH
FRONTIER PACIFIC INSURANCE COMPANY RE
SPECIFICATION NO.M-044
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 FRONTIER PACIFIC INSURANCE
COMPANY PROVIDING FOR COMPLETION OF OFFICE TRAILER
RELOCATIONS AT PLANTS NOS.1 AND 2,SPECIFICATION
NO.M-044
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WHEREAS,the Boards of Directors of County Sanitation
Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,
California,entered into a contract with Park Rose Construction,
Inc.,on June 25,1993,for construction of Office Trailer
Relocations at Plants Nos.3.and 2,Specification No.M-044,in
the amount of $199,200.00;and,
WHEREAS,said contractor has been unable to furnish required
insurance for said project and,further,has abandoned the work
without completing said project;and,
WHEREAS,the Districts have placed formal demand upon Park
Rose Construction,Inc.’s surety,Frontier Pacific Insurance
Company,for Park Rose Construction,Inc.’s failure to perform
said work;and,
WHEREAS,Frontier Pacific Insurance Company has agreed that
the Districts will rebid and award a contract for Office Trailer
Relocations at Plants Nos.1 and 2,Specification No.M—044,and
that Frontier Pacific Insurance Company will reimburse the
Districts for any difference in price between the rebid contract
for said project and Park Rose Construction,Inc.’s bid and
contract in the amount of $199,200.00 for said job.
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 the certain Settlement Agreement with
Frontier Pacific Insurance Company,surety for Park Rose
Construction,Inc.,contractor for Office Trailer Relocations at
Plants Nos.1 and 2,Specification No.M-044,providing for
resolution of Districts’claim for breach of contract and claim
for performance under the corporate surety bond for the contract
f or said specification,be and is hereby,approved.
Section 2 That,pursuant to said Settlement Agreement,the
Districts will rebid Office Trailer Relocations at Plants Nos.1
and 2,Specification No.M—044,and award a contract therefore to
the lowest responsible bidder,and that Frontier Pacific
Insurance Company will reimburse the Districts for any difference
in price between the rebid contract for said project and Park
Rose Construction,Inc.’s bid and contract in the amount of
$199,200.00 for said job.
Section 3 That the Chairman and Secretary of District
No.1,acting for itself and on behalf of Districts Nos.2,3,5,
6,7,11,13 and 14,are hereby authorized and directed to
execute said agreement in form approved by the General Counsel.
PASSED AND ADOPTED at a regular meeting held April 13,1994.
rog98.053
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.94-53 was passed and adopted at
a regular meeting of said Boards on the 11th day of May,1994,by
the following vote,to wit:
AYES:Fred Barrera,Bob Bell,George Brown,Buck Catlin,
John Collins,John C.Cox,Jr.,Jan Debay,
Burnie Dunlap,Norman Z.Eckenrode,James M.
Ferryman,James H.Flora,Don R.Griffin,John M.
Gullixson,Barry Hammond,Victor Leipzig,
Wally Linn,Thomas E.Lutz,William D.Mahoney,
Pat McGuigan,Ted R.Moreno,
Linda Moulton—Patterson,Carrey J.Nelson,
Joyce C.Nicholson,Glenn Parker,Irv Pickler,
Jim Potts,Margie L.Rice,Thomas R.Saltarelli,
Phil Sansone,Sal A.Sapien,Sheldon S.Singer,
Roger R.Stanton,William G.Steiner,Peer A.
Swan,Charles E.Sylvia,James A.Wahner,
Daniel T.Welch,Grace A.Winchell,George L.
Zlaket
NOES:None
ABSENT:None
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 11th day of May,1994.
P~~ylA~t Secretary
Boards of ire ors,County
Sanitation Districts Nos,1,2,3,
5,6,7,11,13 and 14 of
Orange County,California