PILLAR: Core - Organizational Support
AGENDA DATE: September 9, 2026
COUNCIL DISTRICT(S): N/A
DEPARTMENT: City Attorney’s Office
PRIORITY: Government Efficiency
______________________________________________________________________
SUBJECT
Title
Authorize settlement of a claim from Energy Resources, Inc. d/b/a ER Dredging, Inc., Claim No. CONT-23-60828 - Not to exceed $344,610.00 - Financing: Liability Reserve Fund
Body
BACKGROUND
On March 9, 2022, the City Council awarded Dallas Water Utilities Contract No. 21-319 (SDM-2022-00018508) to Energy Resources, Inc. (“ER Dredging”), for dredging of the pond located within Watercrest Park at Lake Highlands Town Center, in an amount not to exceed $2,800,700.00, by Resolution No. 22-0478 (“the Contract”), and said Contract was amended by Change Order No. 1, approved by the City Council on April 13, 2023, to increase the contract amount for additional work associated with the dredging of the pond, in an amount not to exceed $499,605.67, increasing the original contract amount from $2,800,700.00 to $3,300,305.67, by Resolution No. 23-0500.
ER Dredging has filed a claim, Claim No. CONT-23-60828, against the City of Dallas for an additional amount of $1,774,995.00 for alleged additional dredging work done beyond the scope of the Contract. The parties have reached a proposed settlement, subject to City Council approval. Plaintiff is represented by Bryan Cave Leighton Paisner LLP.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On March 9, 2022, the City Council authorized a construction services contract with Energy Resources, Inc. for dredging of the pond located within Watercrest Park at Lake Highlands Town Center located at 7070 Skillman Street by Resolution No. 22-0478.
On April 12, 2023, the City Council authorized an increase in the construction services contract with Energy Resources, Inc., for additional work associated with the dredging of the pond located within Watercrest Park at Lake Highlands Town Center by Resolution No. 23-0500.
A confidential memorandum regarding this matter will be provided to the City Council on September 4, 2026.
FISCAL INFORMATION
|
Fund |
FY 2026 |
FY 2027 |
Future Years |
|
Liability Reserve Fund |
$344,610.00 |
$0.00 |
$0.00 |