Resolution No 59-2022 -Negotiate & Execute Settlement Agreement w Inland Waters Pollution Control, Inc.

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RESOLUTION NO. 59-2022 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS APPROVING A SETTLEMENT AGREEMENT ON PROJECT NO. 118-093 WHEREAS, the City of South Bend Board of Public Works (“Board”) is the contracting body for the City of South Bend, Indiana (“City”); and WHEREAS, on December 20, 2018, the City, through its Board, awarded Inland Waters Pollution Control, Inc. (“Inland”) the Sewer and Manhole Rehabilitation Project No. 118-093 during its Board of Public Works meeting in the amount of $2,015,380.50. This award was for the base bid as well as alternates A & B. On February 7, 2019, the City subsequently awarded Inland alternates C-E, K-AH, CL-CN, CR-CT for an additional $1,108,896 (collectively, the “Agreement”; and WHEREAS, a dispute between the City and Inland arose regarding the final amount payable to Inland for the work completed pursuant to the Agreement; WHEREAS, in an effort to resolve the dispute amicably, to avoid needless expenses related to prolonged litigation, and with the interests of the community in mind, the City and Inland have agreed to settle the dispute; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS AS FOLLOWS: 1. The Board hereby ratifies and approves the settlement amount with Inland for Project No. 118-093 in the amount of Seven Hundred Ninety-Nine Thousand, Five Hundred Twenty-Four and 27/100 ($799,524.27). 2. The Board authorizes members of the Department of Law to negotiate the remaining terms of the settlement agreement on its behalf. 3. The President and Clerk of the Board, or their designees, are authorized and instructed to execute and attest, respectively, the settlement agreement as negotiated by the Department of Law and executed by Corporation Counsel. 4. This Resolution will be in full force and effect upon its adoption by the Board. Signature Page Follows