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Resolution 2025-003 Resolution No. 2025-03 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A BID TO CONSTRUCT THE ELDAMAIN WATER LOOP NORTH PORTION OF A WATER AND SEWER EXTENSION PROJECT (Cl Yorkville, LLC) 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, Cl Yorkville, LLC, a Delaware limited liability company("Cl Yorkville"), submitted a proposal to the City to develop approximately 229 acres at the northeast corner of Eldamain and Faxon Roads(the"Development Site")for the purpose of developing a secured data center campus with nine buildings, six stormwater basins and an on-site electric substation (collectively,the"Cl Project"); and WHEREAS, the Cl Project will require the City to extend water and sewer service to the Development Site, including the engineering design for the extensions and acquisition of required temporary and permanent easements necessary to construct the Cl Project (the "Utility Project"); and WHEREAS,the Mayor and City Council (the "Corporate Authorities") approved City of Yorkville Ordinance No. 2024-31 on July 9, 2024, approving certain agreements with Cl Yorkville, wherein the City agreed to construct the Utility Project on the condition that Cl Yorkville bear all costs incurred in constructing the Utility Project; and WHEREAS, in compliance with all applicable Illinois laws, bids were accepted to complete a portion of the Utility Project, known as the "Eldamain Water Loop —North", and a public bid opening was held at 11:00 a.m. on November 27, 2024; and Resolution No. 2025-03 Page 1 WHEREAS, the City's engineers and staff find that the lowest responsible bidder is J & S Construction Sewer and Water, Inc., P.O. Box 760, Oswego, Illinois 60543 ("J & S Construction"), with a total bid amount of$1,999,133.68 (the "Project Cost"); and WHEREAS, it has been recommended to the Corporate Authorities that the bid by J & S Construction be accepted, contingent upon receipt of funds from Cl Yorkville to pay the Project Cost. 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. Section 2. The Corporate Authorities hereby find and declare that a bid by is J & S Construction Sewer and Water, Inc., P.O. Box 760, Oswego, Illinois 60543, to complete the "Eldamain Water Loop—North"project at a cost of$1,999,133.68 is the lowest responsible bid, and therefore accept the bid, contingent on receipt of adequate funds from Cl Yorkville to pay the Project Cost. Section 3. That this resolution shall be in full force and effect from and after its passage and approval according to law. [Remainder of page intentionally left blank. Roll call vote follows.] Resolution No.2025-03 Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 14th day of January, A.D. 2025. *Ate3eitiA.14 ITY CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS ABSENT RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this 11 tday of T\fUa , A.D. 2025. MAYOR Attest: tuuivwi, Y CLERK Resolution No.2025-03 Page 3 NOTICE OF AWARD TO: J & S Construction Sewer and Water Inc. P.O. Box 760 Oswego, IL 60543 PROJECT Description: of Eldamain Water Main Loop — North Contract; which consists of the installation of approximately 11,000 feet of 16-inch and 25 feet of 12-inch water main and appurtenances. The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for BIDS dated October 30, 2024, and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of$ $1,999,133.68 . You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance BOND, Payment BOND, and certificates of insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this f t day of 01��R U1 , 201J . nited City of Yorkville L— Owner By Title Mayor ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by this day of , 20 By Title NA-01