HomeMy WebLinkAboutResolution 2026-060Resolution No. 2026-60
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS APPROVING CHANGE ORDER NUMBER THREE 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
Wimlinger 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 C1 Yorkville
plans to develop; and
WHEREAS, a first change order that increased the price of the Project in the amount of
$77,744.00 to a total contract price of $2,757,141.65, was approved by Resolution No. 2025-78,
adopted June 24, 2025; and
WHEREAS, a second change order that increased the price of the Project in the amount
of $84,580.00 to a total contract price of $2,841,721,65, was approved by Resolution No. 2025-
128, adopted November 25, 2025; and
WHEREAS, the price of the Project has since decreased by $69,878.86 (the "Change
Order") due to final measurement of Contract quantities and the inclusion of previous change
orders; 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
Resolution No. 2026-60
Page 1
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, 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
$2,771,842.79 was not reasonably foreseeable at the time the contract was signed, and 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.
3 to the Eldamain Water Main Loop — South contract with Winninger Excavating, Inc., which
results in a total decrease in the amount of $69,878.86, is required and that such decrease was not
reasonably foreseeable at the time the contract was signed and 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. 2026-60
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
28`h day of July, A.D. 2026.
ITY 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 ��day of u�+ , A.D. 2026.
Attest:
1
TY CLERK
Resolution No. 2026-60
Page 3
CHANGE ORDER
Order No. 3 -- FINAL BALANCING
Date: July 28, 2026
Agreement Date: February 27, 2025
NAME OF PROJECT: Eldamain Water Main Loop - South
OWNER: United Citv of Yorkville
CONTRACTOR: Winninger Excavating, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
1) Final Balancing
Chanae of CONTRACT PRICE:
$ (69, 878.86)
Original CONTRACT PRICE: $ 2,679,397.65
Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 2,841,721.65
The CONTRACT PRICE due to this CHANGE ORDER will be (i"'^�ed)(decreased) by:
$ (69,878.86)
The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,771,842.79
Justification:
1) This Change Order is a final balancing change order based upon final quantities as
measured in the field.
Change to CONTRACT TIME:
The contract time is increased
Requested by:
Recommended by:
ased by 0 days.
United Citv of Yorkville.
rises. I
Accepted by: Winninger Excavating, Inc