HomeMy WebLinkAboutResolution No 59-2022 -Negotiate & Execute Settlement Agreement w Inland Waters Pollution Control, Inc.
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
ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held
on December 20, 2022.
.
December 20, 2022
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BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 12/20/2022
Name Michael Schmidt Department Legal
BPW Date December 20, 2022 Phone Extension Ext. 5860
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name Resolution __-2022
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name NA
Project Number NA
Funding Source NA
Account No. NA
Amount NA
Terms of Contract
Purpose/Description Resolution authorizes the Corporation Counsel to negotiate and execute
Settlement Agreement on behalf of BPW with Inland Waters Pollution
Control, Inc.
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______________________________________________________________
_ _____________________________________________________
For Change Orders Only
Amount of Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
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%
( %)
Time Extension Amount:
New Completion Date:
x Michael Schmidt
x