12/22/2020 Resolutions 2020-352RESOLUTION 2020-352
WHEREAS, on June 10, 2014, by Resolution No. 2014-163, Van Kirk Brothers
Contracting of Sutton, Nebraska was awarded a contract for Sanitary Sewer District No. 528 and
530T in the amount of $3,374,118.70; and
WHEREAS, final completion was established July 2016; and
WHEREAS, in November 2014, Van Kirk Brothers submitted a proposed Change
Order in the amount of $827,456.82 for claimed extra work by the subcontractor Iowa Trenchless;
and
WHEREAS, this proposed change order was denied on December 2, 2014; and
WHEREAS, a lawsuit was filed against both Van Kirk Brothers and the City of Grand
Island by the subcontractor Iowa Trenchless; and
WHEREAS, the lawsuit against Van Kirk Brothers was settled and the suit against the
City was dismissed; and
WHEREAS, a threatened separate legal action against the City by Iowa Trenchless has
been pending since May 2019; and
WHEREAS, mediation on this matter was held on December 16, 2020; and
WHEREAS, a settlement agreement was reached whereby Iowa Trenchless will execute a
full and complete release of the City of Grand Island from all claims arising out of the denied change
order; and
WHEREAS, as part of the settlement, the City of Grand Island will pay seventy-five
thousand dollars ($75,000.00) to Iowa Trenchless.
NOW, THEREFORE, BE IT RESOLVED BY TI� MAYOR AND COUNCII., OF TI-�E
CITY OF GRAND ISLAND, NEBRASKA, that the settlement agreement between the City of Grand
Island and Iowa Trenchless in the amount of $75,000.00 is hereby approved.
BE IT FUTF�R ESOLVED, that the Mayor is hereby authorized and directed to execute
such agreement on behalf of the City of Grand Island.
Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2020.
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RaNae Edwards, City Clerk
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Roger . Steele, Mayor
Approved as to Form ►�
December 21, 2020 tt City Attomey