HomeMy WebLinkAboutOCSD 98-28RESOLUTION NO.OCSD 98-28
AUTHORIZING THE GENERAL MANAGER TO APPROVE
SUPPLEMENTAL AGREEMENTS TO CONSTRUCTION
CONTRACTS FOR SUBSTITUTION OF SECURITIES
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT,AUTHORIZING THE
GENERAL MANAGER TO APPROVE AND EXECUTE
SUPPLEMENTAL AGREEMENTS TO CONSTRUCTION
CONTRACTS TO PROVIDE FOR THE SUBSTITUTION OF
SECURITIES AS AUTHORIZED BY GOVERNMENT CODE
SECTION 4590
WHEREAS,the Orange County Board of Supervisors,by approval on April 14,
1998 of County Resolution No.98-1 40,has ordered the Consolidation of County
Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,California (the
“Predecessor Districts”)into a single new District,to be known as the Orange County
Sanitation District (“District”);and
WHEREAS,pursuant to Government Code Section 57500,the District succeeds
to all of the powers,rights,duties,obligations,functions and properties of the
Predecessor Districts;and
WHEREAS,the District enters 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 District to retain a
portion of the monies due to the construction contractor as security for the guaranteed
performance of the work;and,
WHEREAS,Government Code Section 4590 has been enacted into law to
provide that upon request of the contractor,certain approved securities may be
presented to the District to be held in lieu of the retention monies otherwise due and
owing under the terms of the construction contract;and,
WHEREAS,the District’s Board desires to authorize its General Manager or his
designee to approve these supplemental agreements in a form as recommended and
approved by the District’s General Counsel.
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NOW,THEREFORE,the Board of Directors of Orange County Sanitation
District,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That upon receipt of a request by any contractor performing work
pursuant to an agreement with the District for the construction,repair or maintenance of
any of District’s 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 District,as authorized by Government Code Section 4590,the General Manager is
authorized to approve and execute such supplemental agreement on behalf of the
District.
Section 2 The form of the supplemental agreements,including escrow
agreement and assignments,must be in a form as recommended and approved by the
District’s General Counsel prior to execution by the General Manager.
PASSED AND ADOPTED at a Special Meeting held July 1,1998.
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