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HomeMy WebLinkAboutResolution 249-R-26 Approving Settlement and Release with Ballard Marine Construction (1) 09/28/2026 249-R-26 A RESOLUTION Authorizing the Settlement and Release of all Claims in a Dispute with Ballard Marine Construction, LLC WHEREAS, the City of Evanston and Ballard Marine Construction, LLC engaged in a contract dispute involving the 1909 Raw Water Intake Replacement Project, City Project/Bid No. 22-35; and WHEREAS, the parties seek to settle and release all claims pursuant to the terms of a Release and Settlement Agreement (“Settlement Agreement”) negotiated by attorneys of record after participating in a series of mediation sessions on June 4, 2026, July 1, 2026, and August 20, 2026 with the Honorable Margaret A. Brennan (Ret.) of ADR Systems in Chicago, Illinois; WHEREAS, the terms of the Settlement Agreement are recommended by Judge Brennan based on these mediation sessions and substantial briefing provided by the Parties; WHEREAS, Ballard Marine Construction, LLC shall issue a credit to the City for $1,612,314.05 (“Credit”) and the City shall pay the portion of the Adjusted Contract Price to Ballard as provided for by the Contract and Settlement Agreement and contained in Pay App 41, which provides for the payment of $8,016,535.62 as authorized by City Council as Pay App 41 on the bills list on September 28, 2026, with a remaining unpaid amount of $2,329,445.80, inclusive of retainage in the amount of $1,150,962.33; WHEREAS, Ballard Marine Construction, LLC shall waive and release Ballard Delay Claims, the Ballard Cost Overruns, the Ballard Change Claims, and the Page 1 of 2 249-R-26 Ballard Intake Claims, and all claims for additional compensation or any adjustment of the Contract Price or Contract Time, which are in excess of $2,000,000.00; WHEREAS, pursuant to the terms of the “Settlement Agreement,” the City and Ballard Marine Construction, LLC will execute a deductive change order in the amount of $1,612.314.05, which will make the new contract price $46,038,489.18 (Change Order No. 2); and WHEREAS, in compliance with Section 2(e) of the Open Meetings Act, 5 ILCS 120/2(e), the City must approve final action on settlement in open session. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City is hereby authorized to approve settlement with Ballard Marine Construction, LLC pursuant to the terms of the Settlement Agreement, execute said Settlement Agreement, and execute the referenced deductive change order (Change Order No. 2). SECTION 3: Resolution 249-R-26 shall be in full force and effect from and after its passage and approval, in the manner provided by law. _______________________________ Daniel Biss, Mayor Approved as to form:Attest: ____________________________________________________________ Alexandra B. Ruggie, Corporation CounselStephanie Mendoza, City Clerk Adopted: _________________, 2026 Page 2 of 2 September 28