HomeMy WebLinkAboutResolution 2026-047Resolution No. 2026-47
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS APPROVING A CHANGE
ORDER EXTENDING COMPLETION DATE
WHEREAS, the United City of Yorkville, Kendall County, Illinois (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, on February 25, 2025, the Mayor and City Council (the "Corporate
Authorities") approved a contract with Winninger Excavating, Inc., 8845 Schoger Drive,
Naperville, IL 60564 ("Winninger"), for the replacement of water mains pursuant to its Water Main
Replacement Program (the "Project"); and
WHEREAS, it was agreed by Winninger that the Project would be completed by June 30,
2026; however, in order to comply with Illinois Environmental Protection Agency funding
requirements, the completion date must be extended to December 31, 2026; and
WHEREAS, all change orders increasing or decreasing the time of completion for a public
contract by 180 days or more 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
WHEREAS, given that the extension is not within the control of Winninger and was not
reasonably foreseeable, the Corporate Authorities have determined that approval of the change in
the completion date should be approved as hereinafter provided.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The foregoing preambles are hereby incorporated in this Resolution as the
findings of the Corporate Authorities.
Resolution No. 2026-47
Page 1
Section 2. The Corporate Authorities hereby approve the extension of the completion date
of the Project as stated in the agreement between the United City of Yorkville and Winninger
Excavating, Inc. to December 31, 2026.
Section 3. That this Resolution shall be in full force and effect upon its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
261h day of May, A.D. 2026.
QC�� CC 1
TY 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 a day of Q , A.D. 2026.
MAYOR
Attest:
t�YAC;LFRK
Resolution No. 2026-47
Page 2
CHANGE ORDER
Order No.
Date: 5/19/2026
Agreement Date: 7/7/2025
NAME OF PROJECT: 2025 Water Main Imorovements
OWNER: United City of Yorkville
CONTRACTOR: Winninger Excavating Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. The final completion date is extended to 12/31/2026.
Justification:
1. The completion date is being extended to comply with ]EPA funding requirements. No
construction engineering is reimbursed by the IEPA following the completion date. This
updated date is needed for closing the project out this fall.
Change of CONTRACT PRICE:
Original CONTRACT PRICE:
$ 4,775,774.55
Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 4,775,774.55
The CONTRACT PRICE due to this CHANGE ORDER will be ('^^wed) (decreased) by:
$ 0.00
The new CONTRACT PRICE including this CHANGE ORDER will be $ 4,775,774.55
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (�'^^�sed) by 184 calendar days.
The date for completion of all work will be 12/31/2026 (Date.)
Approvals Required:
To be effective this order must be approved by the agency if it changes the scope or objective of
the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL
CONDITIONS.
Requested by: Winninger Excavating Inc.
Recommended by:
Accepted by:
ROXII
al t 01
Enaineerina E
of Yorkville
CHANGE ORDER
Order No.
Date: 5/19/2026
Agreement Date: 7/7/2025
NAME OF PROJECT: 2025 Water Main Improvements
OWNER: United City of Yorkville _
CONTRACTOR: Winninger Excavating Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. The final completion date is extended to 12/31/2026.
Justification:
1. The completion date is being extended to comply with IEPA funding requirements. No
construction engineering is reimbursed by the IEPA following the completion date. This
updated date is needed for closing the project out this fall.
Change of CONTRACT PRICE:
Original CONTRACT PRICE: $ 4,775 774.55
Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 4,775,774.55
The CONTRACT PRICE due to this CHANGE ORDER will be (i^sed) (decreased) by:
The new CONTRACT PRICE including this CHANGE ORDER will be
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by
The date for completion of all work will be 12/31/2026
Approvals Required:
184
$ 0.00
$ 4,775,774.55
calendar days.
(Date.)
To be effective this order must be approved by the agency if it changes the scope or objective of
the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL
CONDITIONS.
Requested by. -
Recommended by:
Excavatin
ineerino Enterorises. Inc.
Accepted by: United City of Yorkville.
CO-01