HomeMy WebLinkAboutResolution 2026-073Resolution No. 2026-73
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS APPROVING CHANGE ORDER NUMBER FOUR RELATING
TO THE 2025 WATER MAIN REPLACEMENT
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 for a value of $4,775,774.55 (the "Project"); and
WHEREAS, three previous change orders added certain wage rates to the contract and
extended the completion date of the project to December 31, 2026; and
WHEREAS, the price of the Project has since increased by $174,562.51 (the "Change
Order") due to miscellaneous additions encountered throughout the performance of the Project
that were necessary to complete the Project as originally planned; 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
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
$4,950,337.06 was not reasonably foreseeable at the time the contract was signed, 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, as follows:
Resolution No. 2026-73
Page 1
Section 1. The foregoing preambles 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.
4 to the 2025 Water Main Improvements Project contract with Winninger Excavating, Inc., which
results in a total increase of $174,562.51, is hereby approved, and the City Administrator is
authorized to execute the Change Order as hereinabove identified
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
25"' day of August, A.D. 2026.
Y CLERK
KEN KOCH
AYE
DAN TRANSIER
ABSENT
ARDEN .TOE 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 York vil dall County, Illinois
thisday of , A.D. 2026.
Attest:•
(6Y CLERK
MAYOR
Resolution No. 2026-73
Page 2
CHANGE ORDER
Order No. 4
Date: 8/18/2026
Agreement Date: 7/7/2025
NAME OF PROJECT: 2025 Water Main Improvements
OWNER: United City of Yorkville
CONTRACTOR: Winninaer Excavatina Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. The Contract Price has been increased to $4,950,337.06.
Justification:
1. During the course of construction, several additional efforts were discovered that were
necessary in order to complete the Contract as originally intended. This change order
summarizes most of those required efforts.
Chance 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 (increased) (�+^�ed) by:
$ 174,562.51
The new CONTRACT PRICE including this CHANGE ORDER will be $ 4,950,337.06
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (�'^�ot,) by
The date for completion of all work will be
Approvals Required:
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
Accepted by:
LP
nninaer Excavatina
Enaineerina Enterprises. Inc.
CO-04