Resolution 2025-063Resolution No. 2025-63
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS APPROVING A SECOND 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, an earlier change order, approved by Resolution No. 2025-46, adopted March
25, 2025, increased the total price of the Project to $915,066.00; and
WHEREAS, C1 Yorkville, LLC, a Delaware limited liability company ("C1 Yorkville")
has agreed to pay the costs of the Proj ect, as it is necessary to a data center project that C 1 Yorkville
plans to develop; and
WHEREAS, the price of the Project has since increased in the amount of $85,000.00 (the
"Change Order") as, due to the size and number of boulders encountered while Fischer was
constructing the Project, the casing used in the Project must be increased from 20" to 30" and
additional work will result from increasing the size of the casing; 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 5133E-9); and
Resolution No. 2025-63
Page I
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
$1,000,066.00 was not reasonably foreseeable at the time the contract was signed, 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.
2 to the Southern Sanitary Sewer Connection contract with Fischer Excavating, Inc., which results
in a total increase in the amount of $85,000.00, 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. 2025-63
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
27`� day of May, A.D. 2025.
QN - 1k, 6wav(-
L�y CLERK
KEN KOCH
AYE
DAN TRANSIER
ABSENT
ARDEN JOE PLOCHER
ABSENT
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
RUSTY CORNEILS
AYE
RUSTY HYETT
AYE
APPROVED` ,by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this day of ��Qll� , A.D. 2025.
MAYOR
Attest:
JUMOK
Y CLERK
Resolution No. 2025-63
Page 3
CHANGE ORDER
Order No. 2
Date: May 20, 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) Upsize steel casing to 30-inches in diameter $85,000.00
Change of CONTRACT PRICE. -
Original CONTRACT PRICE: $ 826,384.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 915,066.00
The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(�'^�ed) by:
$ 85, 000.00
The new CONTRACT PRICE including this CHANGE ORDER will be $ 1,000,066.00
Justification:
1) During the casing installation under Rob Roy Creek, several small boulders were
encountered. These boulders drastically slowed the progress of the work and resulted in
the Contractor spending one whole day advancing the 20-inch casing only 10-feet. Thus,
it is recommended that the casing be upsized to 30-inch diameter so these obstructions
can be more easily removed. Otherwise, there will be a significant cost increase to shut
down the progress of the work while they are removed via other means.
Change to CONTRACT TIME:
The contract time is increased/decreased by 0 days.
Requested by:
Recommended by:
Accepted by:
5-13c)(25
rises. Inc.
LaAgendas - Packets\Packets\2025 Packet$\Public VVorks105-20-251Southern Sanitary Sewer Change Order 213. Change Order
2.doc
CHANGE ORDER
Order No. 2
Date: May 20 2025
Agreement Date: JgnWary 17 2025
NAME OF PROJECT: Southern Sanitary Sewer Connection
OWNER: United CiN of Yorkville
CONTRACTOR: Fischer Excavatin , Joe.
The following changes are hereby made to the CONTRACT DOCUMENTS:
1) Upsize steel casing to 30-inches in diameter $85,000.00
Chanae of CONTRACT PRIG;
Original CONTRACT PRICE: $ 826 384.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 915 066.00
The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(desr$ased) by:
$ 85.000.00
The new CONTRACT PRICE including this CHANGE ORDER will be $ 1.000 066.00
Justificatiorl:
1) During the casing installation under Rob Roy Creek, several small boulders were
encountered. These boulders drastically slowed the progress of the work and resulted in
the Contractor spending one whole day advancing the 20-inch casing only 10-feet. Thus,
it is recommended that the casing be upsized to 30-inch diameter so these obstructions
can be more easily removed. Otherwise, there will be a significant cost increase to shut
down the progress of the work while they are removed via other means.
Change t9 CONTRACT TIM :
The contract t
Requested by
Recommende
Accepted by: United it of orkville
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and Quantities\Change Orders\Change Order No. 2 Increase Casing Size\3. Change Order 2.doc