Resolution 2024-55 Resolution No. 2024-55
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS APPROVING A CHANGE ORDER RELATING
TO THE 2024 WATER MAIN IMPROVEMENT PROJECT
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and
WHEREAS, the City had approved a contract in the amount of $2,719,454.25 with
Winninger Excavating, Inc. ("Winninger"), for a project commonly known as the 2024 Water
Main Improvements—Contract B Fox Industrial,the price of which has decreased from the original
contract amount in the amount of$145,641.85 (the "Change Order") due to additional sidewalk
replacement, curb and gutter replacement and parking restoration; and
WHEREAS, all change orders must meet the required findings that circumstances
necessitating the change were not reasonably foreseeable at the time the contract was signed; or
the change is germane to the original contract as signed; or the Change Order is in the best interest
of the City as required by Section 33E-9 of the Illinois Criminal Code(720 ILCS 5/33E-9); and
WHEREAS, it has been recommended to the Mayor and City Council (the "Corporate
Authorities")that a Change Order decreasing the total contract price to the amount of$145,641.85
is necessary, as set forth in the proposal from Winninger.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois:
Section 1.The foregoing recitals are hereby incorporated in this Resolution as the findings
of the Corporate Authorities.
Resolution No.2024-55
Page 1
Section 2.The Corporate Authorities hereby find and declare that the Change Order to the
2024 Water Main Improvements — Contract B Fox Industrial with Winninger Excavating, Inc.,
which results in a total decrease of$145,641.85, is required and that such decrease is in the best
interests of the City and is authorized by law.
Section 3.The Change Order is hereby approved, and the City Administrator is authorized
to execute the Change Order as hereinabove identified.
Section 4. That this resolution shall be in full force and effect from and after its passage
and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
26th day of November, A.D. 2024.
I CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING ABSENT
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this a day of OCCILM ir , A.D. 2024.
MAYOR
ttest:
CITY CLERK
Resolution No. 2024-55
Page 2
CHANGE ORDER
Order No. 1 (Final Balancing)
Date: November 19, 2024
Agreement Date: February 15, 2024
NAME OF PROJECT: 2024 Water Main Improvements — Contract B (Fox Industrial)
OWNER: United City of Yorkville
CONTRACTOR: Winninger Excavating, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
Change of CONTRACT PRICE:
Original CONTRACT PRICE: $2,719,454.25
Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $2,719,454.25
The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by:
$145,641.85
The new CONTRACT PRICE including this CHANGE ORDER will be: $2,573,812.40
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by 0 calendar days.
The date for substantial completion for all work except restoration
The date for completion for all work will be
Justification
Please see attached spreadsheet. Quantities based on final measurement in the field.
Approvals Required .-
Requested by: / United City of Yorkville
Recommended by: _. --Engineering Enterprises, Inc.
Accepted by: Winninger Excavating, Inc.