HomeMy WebLinkAboutResolution #5298 RESOLUTION NO. 5298
A RESOLUTION APPROVING SURVEYING SERVICES FROM RON CLONINGER
AND/OR CLONINGER LAND SURVEYING FOR THE
ANNEXATION OF CANTON LAKE
WHEREAS,the City Council of the City of Canton,Illinois (the"City")is considering an
annexation of certain areas of land that include all or part of Canton Lake, located East of the
current corporate limits;
WHEREAS, it is anticipated that the main parcels to be annexed will be parcels currently
owned by the City;
WHEREAS, a survey is necessary to determine the boundaries and legal description for
the parcel(s) anticipated to be annexed;
WHEREAS, the City desires to enter into an agreement with Cloninger Land Surveying
and/or Ron Cloninger to conduct the surveying services necessary to accomplish the foregoing;
WHEREAS, the City Council has determined that it is necessary and in the best interests
of the City of Canton for the City to obtain surveying services from Cloninger Land Surveying
and/or Ron Cloninger.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the Mayor, in consultation with the City Engineer and City Attorney, is hereby
authorized to enter into any and all agreements and execute any other documentation
necessary to obtain surveying services from Cloninger Land Surveying and/or Ron
Cloninger, in an amount not to exceed $10,000.00, for surveying related to the
annexation of Canton Lake and/or nearby properties;
5. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 19th
day of January, 2021 upon a roll call vote as follows:
AYES: Alderman Justin Nelson, Angela Lingenfelter, Jeff Fritz,Angela Hale, Craig West,
Quin Mayhew, Andra Chamberlin
NAYS: None
ABSENT: Alderman John Lovell
APPROVED:
ent cDowell, ayor
ATTES
Diana Pavley-Rock, City Clerk
EXHIBIT A
STANDARD CONTRACT FOR PROFESSIONAL SERVICES
This is a Contract made as of January 15, 2021 by and between City of Canton, Illinois
2 North Main Street (Name)
Canton, IL 61520 {CLIENT}
(Address) (Phone#)
and Cloninger Land Surveying {CLS}, for Professional Land
Surveying services.
{Project}
CLIENT intends to retain the services of CLS to provide the following Scope of Services:
Survey and prepare boundary plat with descriptions of part of parcels with PIN 09-08-24-300-006 &
PIN 09-08-24-200-002 as shown by sketch identified as Canton Lake Annexation and dated
12/15/2020. Prepare Annexation Plat with description for parcels shown said Canton Lake
Annexation Sketch. The Annexation Plat project will be limited to my previously preformed work,
limited preliminary survey work to locate any existing monuments needed for boundary
determinations, research of records at the Fulton County Courthouse and preparation of the
Annexation Plat with description. This project will start within 2 weeks after notice to proceed is
given and should be completed in 60 days, subject to weather conditions and other unknown
conditions.
Fee Basis: (Check Box) O Lump Sum $8,000.00 0 Multiplier of x DPE
of
❑ Hourly Rates: $125 per hour for a Professional Land Surveyor
$80 per for a Survey Technician
The undersigned hereby state that they are duly authorized agents of CLS and CLIENT and that the
terms and conditions stated in this Contract are understood by them and herewith agreed to and
accepted. CLS is authorized and directed by CLIENT to proceed with the work outlined in the Scope
of Services.
(CLIENT Signature) (Date)
(Print Name&Title)
at.4
/-- 165"--- 202!
(CLONINGER L ND SURVE G Signature (Date)
Ronald E. Cloninger, PLS Owner
(Print Name&Title)
Cloninger Land Surveying,27472 East County 23 Hwy, Canton, Illinois 61520
309-251-5559 Cell Phone, 309-647-5559 Phone&Fax(Call First)
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GENERAL CONDITIONS
TERMS OF PAYMENT:CLS will submit Invoices for work which has been completed and reimbursable expenses incurred. If any invoice is not paid
within 30 days of invoice date,late payment charges of 1.5%per month,or fraction of a month,or the highest lawful interest rate of the state in which
the CLIENT'S office is located,will be due. Fees are not contingent on CLIENT receipt of funds. If invoices under this Contract,or any other contract
with CLIENT,are not timely paid,CLS may,after giving seven day's written notice to CLIENT,suspend services under this Contract.
CLIENT shall pay CLS on the basis of one of the following methods. The method to be used is stated on the front page of this Contract.
In the event that collection proceedings are required to collect unpaid bills for CLS's services and expenses,CLIENT shall be responsible for all unpaid
bills,due interest, and all costs incurred in the collection proceedings, including but not limited to attorney's fees,costs,travel, and employee wages,
overhead and expenses at the rate specified in this Contract,or at CLS's current hourly rate if no rate is specified.
LUMP SUM:When the Lump Sum method is utilized,the total amount billed shall include all Direct Payroll Expense costs,overhead business costs,
profit,Reimbursable Expenses,and Subconsultant Expenses incurred by CLS. The Lump sum shall be a fixed amount unless a change of scope in the
Scope of Services occurs. If a change of the Scope of Services occurs, such change shall be considered additional services and billed at CLS's
current Hourly Rates. Monthly invoice statements will be submitted based on an estimated percent of completion of the services.
HOURLY RATE:When the Hourly Rate method is utilized,the hourly rate shall include all Direct Payroll Expense,overhead business costs,and profit
due CLS for the services. Hourly Rates are established for technical classifications of individuals. If Hourly Rates are not listed in the Contract,they
shall be the rates currently in use by CLS for the type of work being done.
REIMBURSABLES:Reimbursable Expenses and Subconsultant Expenses incurred by CLS for the services shall be billed in addition to the hourly rate
charges at an amount equal to actual cost plus 10 per cent.
Reimbursable Expense is defined as the actual non-labor expenditure incurred on the project, and may include travel, printing, telephones, mailing,
specialized equipment tests or others. •
ESTIMATES OF FEES, BASED ON OPE OR AT HOURLY RATE: If an estimate of CLS's fee is stated in this Contract,the estimate shall not be
considered a firm figure unless specifically stipulated as a"maximum not to exceed"amount.
NOTIFICATIONS: CLIENT represents and warrants that CLIENT has notified CLS of any known or suspected to CLIENT presence of hazardous
materials or pollutants at the Site of the Project. Unless the Scope of Services includes investigation for hazardous or pollutant materials, CLS's
extent of responsibility shall be to notify CLIENT if the presence of hazardous materials or pollutants on the Site of the Project becomes known by CLS.
ACCESS TO SITE:Unless otherwise stated, CLS will have access to the site for activities necessary for the performance of the Scope of Services.
CLS will take reasonable precautions to minimize damage to property during these activities,but has not included the cost of repairing or restoring any
resulting damage in the Fee,and will not be responsible for the cost of such.
CERTIFICATIONS, GUARANTEES, OR WARRANTIES: CLS shall not be required to execute any document that would result in CLS certifying,
guaranteeing,or warranting the existence of any conditions or the result of the Scope of Services.
STANDARD OF CARE: Services performed by CLS under this Contract will be conducted in a manner of care and skill ordinarily exercised by
members of the profession in the same locale practicing under similar circumstances and conditions. No other representation expressed or implied,
and no warranty or guarantee is intended or included in this Contract,or in any report,opinion,document,or otherwise.
LIMITATION OF LIABILITY: It is understood that CLS's portion of the work on the total project is small,and that CLS's liability shall be limited to a
maximum amount which shall be the maximum amount of Fee paid for the Scope of Services. This limitation of liability shall be given by
indemnification provided by the CLIENT to CLS against any and all losses incurred by CLS relative to any action taken by CLS regarding this project.
INDEMNITY: Subject to the provisions set forth herein,CLS and CLIENT hereby agree to indemnify and hold harmless each other and their respective
shareholders, directors, officers, employees, agents(and each of their successors and assigns)from any and all claims, demands, liabilities, suits.
causes of action,judgments,costs,and expenses,including reasonable attorneys'fees,arising or allegedly arising from personal injury,death,property
damage,including loss of use thereof,due in any manner to the negligence of either of them,their agents,or employees. In the event both of them are
at fault,then the liability shall be apportioned between them pursuant to their pro-rata share of negligence or fault. CLS and CLIENT further agree that
their liability to any third party shall,to the extent permitted by law,be several and not joint. These indemnities shall not terminate upon termination or
expiration of this Contract.
OWNERSHIP OF DOCUMENTS AND ELECTRONIC DATA:All documents and electronic data produced by CLS under this Contract shall remain the
property of CLS and shall not be used by the CLIENT for any other purpose with out the permission of CLS.
TERMINATION OF SERVICES:This Contract may be terminated by the CLIENT or CLS should the other fail to perform its obligations hereunder. In
the event of termination,all reimbursable expenses and all Scope of Services rendered to date shall be paid by the CLIENT to CLS.
DELAY OF SERVICES: If a delay of services beyond the schedule agreed upon occurs for any reason other than for CLS's fault,it is understood and
agreed to that such may result in additional fees,which shall be paid by CLIENT to CLS. If additional fees will be necessary,CLS will notify CLIENT
prior to continuing the services.
ARBITRATION: Claims disputes or other matters in question arising out of or relating to this contract or the breach thereof shall be subject to and
decided by arbitration in accordance with the Construction Arbitration Association. The arbitration award shall be final and judgment may be entered
upon it in any court having jurisdiction.
APPLICABLE LAWS:Unless otherwise specified,this Contract shall be governed by the laws of the State of Illinois.
COMPLETE AGREEMENT:This Contract represents the entire understanding of the parties and may not be modified except in writing.
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