Resolution 2025-046 Resolution No. 2025-46
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS APPROVING A CHANGE ORDER RELATING
TO THE SOUTHERN SANITARY SEWER CONNECTION
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$ 826,384.00 with Fischer
Excavating, Inc. ("Fischer"), for a project commonly known as the Southern Sanitary Sewer
Connection (the "Project"); and
WHEREAS, C1 Yorkville, LLC, a Delaware limited liability company ("CI Yorkville")
has agreed to pay the costs of the Project, as it is necessary to a data center project that C1 Yorkville
plans to develop; and
WHEREAS, the price of the Project has since increased in the amount of$88,682.00 (the
"Change Order") as the method of taking the sanitary sewer connection across Rob Roy Creek
has changed, due to Illinois Department of Natural Resources designating Rob Roy Creek as
biologically significant; and
WHEREAS, all change orders increasing or decreasing the cost of a public contract by at
least $25,000 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
Resolution No.2025-46
Page 1
WHEREAS, it has been recommended to the Mayor and City Council (the "Corporate
Authorities") that a Change Order increasing the total contract price to the amount of$915,066.00
is in the best interest of the City, as set forth in the proposal from Fischer.
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 Change Order No.
1 to the Southern Sanitary Sewer Connection contract with Fischer Excavating, Inc., which results
in a total increase in the amount of$88,682.00, is required and that such increase is in the best
interests of the City.
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.
[Remainder of Page Intentionally Blank; Roll Call Vote to Follow]
Resolution No. 2025-46
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this 251h day of March, A.D. 2025.
Cl Y CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
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 ����day of 1�f��a, l' �1 , A.D. 2025.
�. MAYOR
Attest:
I
3
�CI Y CLERK
Resolution No. 2025-46
Page 3
CHANGE ORDER
Order No. 1
Date: March 25, 2025
Agreement Date: January 17 2025
NAME OF PROJECT: Southern Sanitary Sewer Connection
OWNER: United City of Yorkville
CONTRACTOR: Fischer Excavating Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
1) Removal of the Rob Roy Creek Crossing / Addition of the Bore and Jack at the creek
and additional dewatering
$88,682.00
Change of CONTRACT PRICE:
Original CONTRACT PRICE: $ 826,384.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 826,384.00
The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(d8^��a) by:
$ 88,682.00
The new CONTRACT PRICE including this CHANGE ORDER will be $ 915,066.00
Justification:
1) IDNR considers Rob Roy Creek biologically significant and it would require extensive
permitting that would require multiple months and add significant cost in order to cross
the creek as originally intended. The Contractor requires additional dewatering to bore
and jack across Rob Roy Creek per the change order.
Change to CONTRACT TIME:
The contract time is increased/decreased by 0 days.
Requested by: Fischer Excavating, Inc.
Recommended by: r Engineering Enterprises, Inc.
Accepted by: United City of Yorkville
C:\Users\mcisija\AppData\Local\Microsoft\Windows\INetCache\Content.6utlook\RC5S105l\3.Change Order 1 -Remove Creek
Crossing.doc