Resolution 2025-078 Resolution No. 2025-78
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS APPROVING A CHANGE ORDER RELATING
TO THE ELDAMAIN WATER MAIN LOOP—SOUTH
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 $2,679,397.65 with
Winninger Excavating, Inc. ("Winninger"), for a project commonly known as the Eldamain Water
Main Loop—South(the"Project"); and
WHEREAS, Cl Yorkville, LLC, a Delaware limited liability company ("Cl Yorkville")
has agreed to pay the costs of the Project, as it is necessary to a data center project that Cl Yorkville
plans to develop; and
WHEREAS, the price of the Project has since increased in the amount of$77,744.00 (the
"Change Order") as Cl Yorkville has decided to keep an existing private railroad track in place
on the Project site, requiring Winninger to purchase additional materials for the Project and
conduct boring under the tracks; 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.2025-78
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
$2,757,141.65 is in the best interest of the City, 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.
Section 2. The Corporate Authorities hereby find and declare that Change Order No.
1 to the Eldamain Water Main Loop - South contract with Winninger Excavating, Inc., which
results in a total increase in the amount of$77,744.00, 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.2025-78
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Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
24th day of June, A.D. 2025.
1 66u/oriel
STY CLERK
KEN KOCH AYE DAN TRANSIER ABSENT
ARDEN JOE PLOCHER AYE 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 ay of lin , A.D. 2025.
M OR
Attest:
exua
TY CLERK
Resolution No.2025-78
Page 3
CHANGE ORDER
Order No. 1
Date: June 4, 2025
Agreement Date: January 17, 2025
NAME OF PROJECT: Eldamain Water Main Loop - South
OWNER: United City of Yorkville
CONTRACTOR: Winninger Excavating, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
1) Addition of 86 LF of Steel Casing Pipe 30-Inch Bored and Jacked $77,744.00
Change of CONTRACT PRICE:
Original CONTRACT PRICE: $ 2,679,397.65
Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 2,679,397.65
The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased) by:
$ 77,744.00
The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,757,141.65
Justification:
1) Due to the developers changing of plans to no longer remove the private tracks between
Eldamain and Beacher Rd. An additional 86 feet to Pay Item number 14 (Steel Casing
Pipe, 30-Inch, Jack and Bored) was required.
Change to CONTRACT TIME:
The contract time is increased/decreased by 0 days.
Requested by: Winnin er Excavatin Inc.
Recommended by: /^7/ €Engineering Enterprises, Inc.
Accepted by: y United City of Yorkville