02/23/2005 Board of Public Works Special Meeting Minutes

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SPECIAL MEETING FEBRUARY 23, 2005 005 ;7 The special meeting of the Board of Public Works was convened at 9:35 a.m. on Wednesday, February 23, 2005, by Board Member Carl P. Littrell with Mr. Donald E. Inks present. President Gary A. Gilot was not present. Also present was Attorney John Livingston. AWARD BID — HOTEL LASALLE VAULT FILL PROJECT — PROJECT NO 104-066 (DOWNTOWN TIF) Mr. Jason Durr, Engineering, advised the board that on January 24, 2005, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Durr recommends that the Board award the contract to the lowest responsible and responsive bidder, Kaser Spraker Construction, 25487 West State Road 2, South Bend, Indiana, in the amount of $144,100.00, which is the base bid only. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion, which carried. APPROVAL OF SETTLEMENT AGREEMENT AND RELEASE INSURANCE RECOVERY ACTION — STUDEBAKER CORRIDOR In a memo to the Board, Assistant City Attorney Cheryl Greene stated that the City, through the South Bend Redevelopment Commission, acquired from Allied Products Corporation several properties that include the former Stamping Plant facility. These properties were acquired by way of a series of negotiations arising out of Allied's Chapter 11 bankruptcy proceeding that is still pending before the Untied States Bankruptcy Court for the Northern District of Illinois, Eastern Division. Legal Counsel has been continuing to negotiate with Allied and its insurers through the Bankruptcy Court in order to recover certain insurance proceeds for environmental claims related to these properties. The parties have now reached a negotiated settlement by way of a Confidential Settlement Agreement. As the title indicates, the Settlement Agreement is strictly confidential and once it is approved by the parties, it must then be approved by the Bankruptcy Court. After final approval, the Confidential Settlement Agreement will be filed under seal with the Bankruptcy Court and will be subject to full disclosure only in very limited circumstances. The terms of the Settlement Agreement permit legal counsel to disclose the following information: Parties: The Travelers Indemnity Company Century Indemnity Company, as successor to CCI Insurance Company, as successor to the Insurance Company of North America Pacific Employers Insurance Company The City of South Bend, Indiana The South Bend Redevelopment Commission The Settlement Amount is $950,000.00. It is the_ opinion of Legal Counsel that the Settlement Agreement is in the best interests of the City and its.citizens and Ms. Greene recommended that the Board of Public Works approve the Confidential Settlement Agreement. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Confidential Settlement Agreement was approved. APPROVAL OF RESOLUTION NO. 12-2005 - RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND RECOMMENDING APPROVAL OF THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS AND TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2004 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the following Resolution was approved and adopted by the Board of Public Works: RESOLUTION NO: 12-2005 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND RECOMMENDING APPROVAL OF THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS AND TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2004