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
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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
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September 28