Resolution 2025-129Resolution No. 2025-129
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS APPROVING A THIRD 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 "ProjecC); and
WHEREAS, a first change order to this Project, approved by Resolution No. 2025-46,
adopted March 25, 2025, increased the total price of the Project to $915,066.00; and
WHEREAS, a second change order to this Project, approved by Resolution No. 2025-63,
adopted May 27, 2025, increased the total price of the Project to $1,000,066.00; 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 Cl Yorkville
plans to develop; and
WHEREAS, the price of the Project has since decreased in the amount of $121,257.00
(the "Change Order") due to final balancing of the contract cost upon completion of the Project;
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
Resolution No. 2025-129
Page 1
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
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 $878,809.00
is in the best interests 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.
3 to the Southern Sanitary Sewer Connection contract with Fischer Excavating, Inc., which results
in a total decrease in the amount of $121,257.00, is required and that such decrease 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. 2025-129
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
251h day of November, A.D. 2025.
QA:�'C4 CA
IT CLERK
KEN KOCH
AYE
DAN TRANSIER
AYE
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 e day of ,,D-eC em bifC , A.D. 2025.
Attest:
C ty Clerk
Resolution No. 2025-129
Page 3
CHANGE ORDER
Order No. 3 — Final Balancing _
Date: November 18, 2025
Agreement Date: 2/2/2025
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. Final balancing of Contract quantities $ (121,257.00)
Change of CONTRACT PRICE:
Original CONTRACT PRICE: $ 826,384.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $1,000,066,_00
The CONTRACT PRICE due to this CHANGE ORDER will be (i^^ a)(decreased) by:
$ 121,257.00
The new CONTRACT PRICE including this CHANGE ORDER will be: $ 878,809.00
Justification:
This final balancing change order adjusts the Contract value to quantities final measured
in the field.
Chance to CONTRACT TIME:
The contract
Requested b!
Accepted by:
C:\Users\wfischerWppData\Local\Microsoft\Windows\lNetCache\Content0utlook\MZGWOJGM\03. Y02420 Change Order 1 Final
Salancing.doc