1995-61W
o �
RESOLUTION NO.9561
A RESOLUTION APPROVING AN AGREEMENT FOR NEGOTIATION SERVICES FOR
THE BUSCH PARKWAY AND DEERFIELD PARKING INTERSECTION IMPROVEMENT
WHEREAS, the Village President and Board of Trustees
desire to proceed with the Busch Parkway and Deerfield Parkway
Intersection Improvement; and,
WHEREAS, an agreement with a qualified negotiation
service is necessary for the acquisition appraisals for the
right -of -way acquisition for the project;
NOW, THEREFORE, BE IT RESOLVED by the Village President
and Board of Trustees of the Village of Buffalo Grove, Lake and
Cook Counties, Illinois as follows:
1. The agreement entitled, "Proposal for Negotiation Services"
is hereby approved.
2. The Village Manager is authorized and directed to execute
the agreement for the Village. A copy of said agreement is
attached hereto and made a part hereof.
AYES:
NAYES:
ABSENT:
PASSED:
Attest:
6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
n _ NT---
0 - None
Village Clerk
H \reolut \busch3.wpd
VILLAGE OF BUFFALO GROVE
STATE OF ILLINOIS
COUNTY OF LAKE
PROPOSAL FOR NEGOTIATION SERVICES
1. Proposal of Mathewson and Mathewson whose address is 18430 South Halsted
Street, Glenwood, IL 60425 hereinafter referred to as "NEGOTIATOR" for the
furnishing to the Village of Buffalo Grove, hereinafter referred to as "VILLAGE"
certain negotiation services for the acquisition of right -of -way for future road
improvements.
2. Negotiation services called for in this proposal will be conducted personally by
the following named individual or individuals whose qualifications have been
approved by the Village: Mark D. Mathewson and Mary Slattery Mathewson.
3. Said Negotiation Services shall be furnished by NEGOTIATOR on 2 Parcels at the
rate of $950.00 per parcel ( *) in accordance with the Negotiation Section 3.00
and Acquisition Section 4.00 of the Land Acquisition Policies and Procedures
Manual, Exhibits and Visual Guide of the Illinois Department of Transportation
Division of Highways, copies of which shall be furnished by the Village for the
exclusive use of NEGOTIATOR during the term of this contract to be returned to
the VILLAGE upon termination of said contract. The above per parcel fee shall
include all transportation, food, lodging, telephone, or any other operating
expenses incurred by NEGOTIATOR in the performance of said services incurred
by NEGOTIATOR in the performance of said services as herein set forth,
excepting for those services set forth in Paragraph 10.
4. VILLAGE will furnish NEGOTIATOR parcel plats, legal descriptions, title reports
or evidence of ostensible ownership, forms of deeds, easements, negotiator
reports, and all such other curative documents preliminarily determined
necessary to acquire such right, title, and interest as specified by VILLAGE for
each parcel, without liability for the accuracy of the contents therein. It is
understood and agreed that the VILLAGE shall be considered to be the sole
owner of all plats, legal descriptions, ownership and occupancy records, forms
of deeds and easements, title reports, and any and all other material
( *) Each Parcel shall consist of one or more basic parcels of land required as
right- of-way for highway purposes to be acquired in fee simple .title, and such
other easements (temporary or permanent) for uses incidental to construction
of the highway but which are not considered as part of the highway right -of-
way, all of which are under the same ownership involving a complete
contiguous parcel.
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furnished, prepared or obtained by NEGOTIATOR during the course of
providing his services for each parcel assigned. Upon termination of this
contract for any cause or upon completion of the acquisition of each parcel or
upon request of VILLAGE when acquisition is determined to be by Eminent
Domain proceedings, the NEGOTIATOR'S parcel file shall be returned to
VILLAGE. NEGOTIATOR'S parcel files shall be available for inspection or review
of its contents by VILLAGE or Federal Highway Administration personnel at any
time.
5. In addition to furnishing the items set forth in Paragraph 4 above, the VILLAGE
shall also provide NEGOTIATOR a copy of an approved appraisal of each
parcel, together with Appraisal Reviewer's Certification and Improvement
Disposition Values form (to be returned to VILLAGE), Summary of Right -Of -Way
Acquisition and Offer to Purchase and Introductory Letter. In the case of an
acquisition covering the displacement of any individual, family, . business, farm
operation, or the personal property thereof, the appropriate Relocation
Introductory Letter and Brochure shall also be provided by VILLAGE.
6. Where the acquisition of a parcel involves the displacement of an owner or
tenant occupant from a residence or any personal property thereof,
NEGOTIATOR shall notify VILLAGE'S Relocation representative no less than five
(5) days prior to the intended date of initiation of negotiation for the parcel in
order to coordinate the offering of relocation assistance any payments to each
displaced owner - occupant simultaneously with initiation of negotiations and
to each displaced tenant - occupant within seven (7) days following initiation of
negotiations for the parcel.
7. NEGOTIATOR shall make every reasonable effort to negotiate settlements for the
acquisition. of each parcel based on the approved appraisal amount or an
amount approved by the Village Engineer for VILLAGE and upon closing each
acquisition obtain and furnish VILLAGE with curative documents necessary to
satisfy any and all title objections or unrecorded interests in said parcel,
(excepting that VILLAGE shall obtain all subordinations of utility easements)
sufficient for approval of title by VILLAGE and the Village's Attorney as required
or VILLAGE'S request or warrants in payment for each acquired parcel..
8. Pursuant to paragraph 3.05 -9 of the Negotiations Chapter of the Land
Acquisition Policies and Procedures Manual, no offers in excess of the approved
appraisal amount shall be made by NEGOTIATOR without prior written
approval of the VILLAGE'S Engineer.
9. In the event NEGOTIATOR, after having made every reasonable effort to
negotiate with the owner of a parcel, is unable to obtain a settlement on the
approved appraisal amount, NEGOTIATOR shall prepare and submit a written
report summarizing the progress of negotiations to date together with a copy of
the NEGOTIATOR'S Record Form completed to date with the names and
addresses of all interested parties. NEGOTIATOR'S written report shall also
include his recommendation for further procedure towards acquiring the
parcel. The Village Engineer for VILLAGE may elect to prepare and forward a
Final Offer letter (with copy to NEGOTIATOR) to the owner of the parcel and
thereafter request assignment of the Village Attorney to proceed with
preparation of a condemnation petition. In any case, said Village Engineer
reserves the right to require NEGOTIATOR to make additional negotiation
contracts with the parcel owner up until the actual date of filing a petition to
condemn the parcel.
10. It is understood that appearances in court and pretrial conferences may be
required in relation to the negotiation services called for herein and it is agreed
that such appearance or appearances shall be made upon request of VILLAGE
or its trial counsel.
In event of such services being requested, they will be provided as
follows:
(a) Rate each half day or fraction thereof for time spent in pretrial
conference $300.00.
(b) Rate each half day or fraction thereof for time spent in court
$300.00.
11. NEGOTIATOR will not furnish a copy of any appraisal or the findings of results
contained therein to any other person or agency unless authorized by VILLAGE
or upon court order.
12. Invoices for negotiation services will be submitted for payment monthly,
within five (5) days following the end of each month, in quintuplicate, through
the Village Engineer of VILLAGE accepting this proposal and will show the route,
construction section, county, job number, project number, and parcel number
or numbers. Invoices for services in connection with pretrial conferences and
court testimony will show the items listed above and in addition, will include
a statement of the nature of services performed and amount of time thereon. A
progress report showing status of all active assigned parcels shall accompany
each monthly invoice.
13. NEGOTIATOR warrants that he has not employed
or retained any company or
person, other than a bona fide employee working
solely for
him,
to solicit or
secure this contract, and that he has not paid or
agreed to
pay
any company
or person, other than a bona fide employee working
solely
for
him, any fee,
commission, percentage, brokerage fee, gift, or any other
consideration,
contingent upon or resulting from the award or
making of
the
contract. For
breach or violation of this warrant, VILLAGE shall
have the
right
to annul this
contract without liability.
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14. NEGOTIATOR hereby certifies that if any conflict of interest arises, in any of the
parcels subsequently assigned to him, he will immediately inform the Village
Engineer for VILLAGE accepting this proposal and return all material furnished
to him for reassignment to others.
15. Any dispute concerning a question of fact arising under this proposal shall be
decided by the Village Engineer for VILLAGE accepting this proposal and such
decision shall be final and conclusive.
16. Changes
in the
work to be performed
under this proposal may be made at any
time in
writing
by VILLAGE. If such
changes justify an increase or decrease in
the per
parcel
rate set forth herein, an
equitable adjustment shall be made and
this contract
shall be modified
accordingly. Documentation which is
considered inadequate
will be augmented
and errors will be corrected upon
request
without
additional cost.
17. VILLAGE may terminate this proposal at any time for any cause by a notice in
writing to NEGOTIATOR. In the event of such termination, payment will be
made to NEGOTIATOR for the services which have been completed. Parcel
negotiations in the process of completion shall be compensated for on an
equitable basis and all incomplete parcel data collected in connection with
them shall be turned over and become the property of VILLAGE; provided,
however, that should this proposal be terminated solely because the progress or
quality of work is unsatisfactory as determined by the Village Engineer for
VILLAGE accepting this proposal, then no payment will be made or demanded
by NEGOTIATOR for any negotiation services which have nor been completed
and delivered to VILLAGE prior to the date of said termination.
18. NEGOTIATOR will save harmless VILLAGE from all claims and liability due to
activities of himself, his agents, and his employees and will comply with all
Federal, State, and local laws and ordinances.
19. NEGOTIATOR agrees that this contract or any part thereof will not be sublet or
transferred without the written consent of the Village Engineer accepting this
proposal for VILLAGE.
20. In the event this proposal is accepted, it shall constitute a contract as of the
date it is approved by the President of the Village Board or his authorized
representative and shall be binding on NEGOTIATOR, his executors,
administrators, successors or assigns, as may be applicable.
21. The NEGOTIATOR in making the certifications required by this proposal in
paragraphs 22 through 31 is making these certifications on behalf of the
contracting entity and its officers and each individual authorized to do work
for the Illinois Department of Transportation and the Village of Buffalo Grove
under this proposal.
22. It is understood and agreed that Appendices A and B shall be a part of this
contract and NEGOTIATOR agrees to be bound by the terms and provisions
contained herein.
23. NEGOTIATOR certifies that he /she have not been convicted of bribery or
attempting to bribe an officer or employee of the State of Illinois and the
Village of Buffalo Grove, nor that he /she have made admission of guilt of such
conduct which is a matter of record, nor has any official, officer, agent, or
employee of this company been so convicted nor made such an admission.
If a firm,
the firm
certifies that it has not been
convicted of
bribery or
attempting
to bribe an
officer or
employee o the State
of Illinois or
the Village
of Buffalo
Grove, nor
has the firm
made an admission
of guilt of such conduct
which is a
matter of
record, nor
has an official, agent,
or employee
of the firm
committed
bribery or
attempted
bribery on behalf of
the firm and
pursuant t
the direction or authorization of
a responsible official of the firm.
24. NEGOTIATOR under penalties of perjury, certifies that 36- 3593981 (SSN # or
FEIN #) is my correct Federal Taxpayer Identification number. I am doing
business as a (please check one):
Individual
Sole Proprietorship
X Partnership
(IRS 501 (a) only)
Corporation
Trust or Estate
Not - for - Profit Corporation
Real Estate Agent
Governmental Entity
Tax Exempt Organization
Medical and Health Care Services Provider Corporation
25. NEGOTIATOR, under penalty or perjury under the laws of the United States,
certifies that, except as noted below, the company or any person associated
therewith in the capacity of owner, partner, director, officer, principal
investigator, project director, manager, auditor, or any position involving the
administration of federal funds:
is not currently under suspension, debarment, voluntary. exclusion, or
determination of ineligibility by any federal agency;
has not been suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency within the past three years;
does not have a proposed debarment pending; and
has not• been indicted, convicted, or the subject of a civil judgment by a
court of competent jurisdiction in any matter involving fraud or official
misconduct within the past three years.
Exceptions will not necessarily result in denial of award, but will be considered
in determining bidder responsibility. For any exception noted, indicate to
whom it applies, initiating agency, and dates of action. Providing .false
information may result in criminal prosecution or administrative sanctions.
(INSERT EXCEPTIONS)
None
26. Negotiator under penalties of perjury, certifies that as in accordance with
Section 11.1 of the Illinois Purchasing Act, no person who is entitled to receive
individually more than 7 1/2 percent of the total distributable .income of the
organization or together with their spouse or . minor child more than 15
percent of the total distributable income of the organization is (i) an elected
State official, a member of the General Assembly, an appointed office, a State
or County employee; (ii) an officer or employee of the Illinois Toll Highway
Authority or the Illinois Building Authority; or (iii) a spouse or minor child of
any such enumerated person.
Type of Ownership
Corporation Non - Incorporated
Individual X Partnership
Other (Please specify)
27. NEGOTIATOR certifies that he /she is not in default on an educational loan as
provided in Public Act 85 -827.
28. NEGOTIATOR certifies that he /she is not barred from bidding on State of Illinois
contracts because of violations of state law regarding bid rigging or rotating (P
A 85- 1295), Illinois Revised Statutes 1987 Supp., Ch. 38, Par. 33E -3 and 33E -4.
29. NEGOTIATOR certifies that he /she will not engage in the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance in the
performance of this contract, or if a corporation, partnership, or other entity
with 25 or more employees, have completed and signed a "DRUG -FREE
WORKPLACE CERTIFICATION."
30. NEGOTIATOR agrees by signing this proposal to the provisions as written. This
proposal shall be governed by Illinois law.
31. NEGOTIATOR shall maintain, for a minimum of five years after the completion
of the contract, adequate books, records, and supporting documents to verify
the amount, recipients, and uses of all disbursements of funds passing in
conjunction with the contract; the contract and all books,. records, and
supporting documents related to the contract shall be available for review and
audit by the Auditor General; and the contractor agrees to cooperate fully with
any audit conducted by the Auditor General and to provide full access to all
relevant materials. Failure to maintain the books, records, and supporting
documents required by this Section shall establish a presumption in favor of
the State or the County for the recovery of any funds paid by the State or the
County under the contract for which adequate books, records, and supporting
documentation are not available to support their purported disbursement.
Submitted this
Accepted this
day of �'� {-�''! 1995.
Mathewson and Mathewson (SEAL)
By: i
Mary S' Mathewson, Managing Partner
day of 1995.
Village of Buffalo Grove
whose address is
51 Raupp,
Buffalo Grove, IL 60089
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APPB= A
• During 'the performance of this contract•, the contractor, fqr itself, its
• assignees and successors in interest (hereinafter referred to as the
•Contractor"), agrees as follows:
(1) Compliance with Regulations: The contractor shall comply with
the Regulations relative to nondiscrimination -in '
federally- assisted programs of the Department of Transportation,
Title 49. Code of Federal Regulations. Part 21, as they may be
amended from time to time. thereinafter referred to as
Regulations), which are herein incorporated by reference and made
a part of this contract.
(2) nondiscrimination: The contractor, with regard to the work
performed by it during the contract, shall -not discriminate on the
ground of race, color or national origin in the selection and
-retention of subcontractors including procurements of materials
and leases of equipment: The contractor shalt not participate
either.directly or indirectly in the discrimination prohibited by
Section 21.5 of the. - Regut *tfons: inclting�empaoyment ract#ees -- -- - - --
when - the.contract covers a program set forth in Appendix B of the
Regulations.
(3) Solicitations for Subcontracts, Including Procurement of
Materials and Equipment: In all solicitations either by
' competitive bidding or negotiation made by the contractor for work
to be performed' under a subcontract, including procurement or
materials or.lease's of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations relative to
nondiscrimination on the ground of race, color or national origin.
(4) Information and_ Reports: The contractor shall provide all'
information.and. reports required by the Regulations, or directives
issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its
facilities as may be determined bx the State or the Federal
Highway Administration to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Mere any
information required of a contractor is in the exclusive
ppossession of another who fails or refuses to furnish this
information,. the contractor shall so certify to the State or the
Federal Highway Administration is appropriate and shall set forth
Nhat efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event'of the contractor's
nonco4fiance with the nondiscrimination provisions of this .
contract, the State shall impose such contract sanctions as it or
the Federal Highway Administration may determine to be
appropriate.. including, but not limited to:
APPENDIX B
EQUAL EMPLOYMENT OPPORTUNITY CLME required by the Illinois Fair
Employment Practices Commission as a material term of all public contracts:
EQUAL EMPLOYMENT OPPORUMITY. In the event of the contractor's
noncompliance with any provision of this Equal Employment Opportunity
Clause, the Illinois Fair Employment Practices Act or the Fair Employment
Practices Commission's Rules and Regulations for Public Contracts 'the
contractor many be declared nonresponsible and therefore *Ineiigibie for
future contracts or subcontracts with the State of Illinois or any of its
political subdivisions or municipal corporations, and the contract may be
cancelled or avoided in whole or in part, and such other sanctions or
penalties may be imposed and remedies invoked as provided by Statute or
regulation. -
During the performance of this contract (Agreement), the contractor
(Consultant) agrees as follows:
That- ft, will -nofi-discriminate.against any employee or applicant
for employment because of race, color, religion, sex, national
origin, or ancestry, physical or Mental handicap unrelated to
ability, or an unfavorable discharge from the military service,
and further that it will examine all job classifications to
determine if minority persons or women are,iinderutilized and will
take appropriate affirmative action to rectify any such
underutilization.
(2) That, if it, hires additional employees in order to Oerform this
contract, or any portion hereof, it will determine the
availability (in accordance with the Commission's Rules and
Regulations for Public Contracts) of minorities and women in the
area(s) from which it may reasonably recruit and it will hire. for
each job. classification for which employees are hired in such a
way. that-minorities and women are not underutilized.
(3) That, in all solicitations or advertisements for employees placed
by it or on its behalf, it will state that ail applicants will be
afforded equal opportunity without discrimination because of race,
color, religion, sex, national- origin or ancestry, physical or
mental handicap unrelated to ability, or an unfavorable discharge
from the military service.
(4) That it will send to each labor organization or representative of
workers with which it has or. is bound by a collective bargaining
or other agreement or understanding, a notice such -labor
organization: or representative of the contractor's obligations l
under the Illinois Fair Employment Practices Act and the
Commission's Rules and Regulations for Public Contracts. If any
such labor organization or representative fails or refuses to
cooperate with the contractor in its efforts to comply with such
Act and -Rules and Regulations, the contractor will promptly so
notify the Illinois Fair Employment Practices Commission and the
contracting agency and will recruit employees from other sources
when necessary to fulfill its obligations thereunder.
r. -L -L »a tom• . 10 rR rr11 r1UW0IJN s 11M � r MWOL" i u 7 S(5t345 F. 04
will submit reports as required br Iilinols fair
P1OYment Practices Cmuissian s Rules and Regulations for Public
Contracts, furnish all relevant inforution as m1/ rM tin to
• time be requested by thO Coarrission or the contractlog agency, and
• ' in all respects COM ly Wth tlae:I111nais fair
Act and the Cemmissiop's Rules � EmPloYmeot public
Contracts.
(6) That it will permit access to all relevant boons, records,. .
accounts and York sites by personnel of
the Illinois fair tAe contracting agency and
investigation to ascertain c with Fair
o!
EMPloyment Practices Act and t6 Commission's Rules and
Regulations for.Public Contracts.
(7) That it Will include verbatim or by reference the provisigns of .
Paragraphs 1 through 7 of this-clause in every performance
subcontract as defined in Section 2.10(b) of the omission's
Rules and Regulations -for' Public Contracts so th t , provisions
will be binding upon every such subcontractor; and that it will
also so include the provisions of paragraphs 1, S, 6 and 7 in
every supply subcontract-- as- def lnbd_.In_.Sectfon–zl.l01;ai 0 —di
-._Commission's Rules -and Regulations for Public Contracts - that
'Such'provisions will be binding upon every such s
the sailee manner as with other provisions of this contract, the in
contractor will be liable for Compliance With applicable
provisions of this clause by all it subt�mtractgrs; 'and further it
will promptly notify.the contracting agency and the Illinois Fair
r `
EmPlOYment Practices Commissioa in the event aln su6coatractoi-
fails or refuses to comply therewith. In.additi
Will uti l iZe MY subcontractor declared by the onCoam•issssiContractor
be
nunresponsible and therefore ineligible for contracts or
subcontracts with the State of Illinois or any of its political
subdivisions or municipal corporations.
With respect to the two types of subcontracts referred to under
of the Equal Employment Opportunity Clause above, following is an excerpt of
Section 2 of the FEPC's Rules and Regulations for Public Contracts;
Section 2,.10. The term °Subcontract" means any agreement, aArrangemnt
or understanding; written or otherwise, between a contractor and an
(in which the parties do not stand in the relationship of an y Person
employee): p employer and an
(a) for the furnishing of supplies or services or for the use of real
or personal property. including lease arrangewnts, which, is whore or
in part, is utilized in the performance: of any one or more .contracts; or
(b) under'which any portion of the contrattor's obligation under any
one or more contracts is performed, undertaken or assumed.
Signed
Firm Name
Oa to
....... TOTAL. P.04
Route SWQ Deerfield & Busch
Section Parkways
County
Project No.
Job No.
VILLAGE OF BUFFALO GROVE
Proposal for Appraisal Services
1. Proposal of "T" Engineering Service Ltd.
whose address is 2021 Midwest Road, Oak Brook, Illinois 60521
hereinafter referred as "Appraiser" or the furnishing to the
-Village of Euffalt, Grove
hereinafter referred to as "Division," certain appraisal services described on
Exhibit A attached hereto and made a part hereof for the project and rates set
forth on said Exhibit.
2. Appraisal reports called for on said Exhibit A will be prepared independently
of any other appraiser employed under a similar proposal to furnish appraisal
services on said project and personally by the following named individual or
individuals whose qualifications have been approved by
Division: Fred R. Tadrowski
3. Division will furnish to Appraiser prescribed appraisal report forms, parcel
plats, legal descriptions, ostensible owner and a statement of items generally
noncompensable under the law of Illinois.
4. Appraiser acknowledges for self and the-individual or individuals designated in
Item 2 above that they are familiar with the contents of the affidavit attached
.hereto as Exhibit-B and.agrees that the individual or individuals designated in.-.
Item .2-as preparing the appraisal report will execute'such an affidavit for each .
parcel appraised as well. as personally.making a physical' inspection of said parcel.
5.. It is understood that appearances in court and pretrial conferences may be
required in relation to.the appraisal services called for herein and it is agreed
that such appearance or appearances shall be made upon request of Division or its
trial counsel.
6. Appraiser will not furnish 'a copy of any appraisal or the findings or results
contained therein to any other person or agency unless authorized by Division or
upon court order.
7. Appraisal reports will be fully documented and contain the fair market value of
the whole property, the fair market value of the property taken (including
improvements) as part of the whole, the fair market value of the remainder before
and after the taking, the damage to the remainder, the compensation for easements
and the total compensation.
8. Division reserves the right to employ a specialist or specialists to prepare a
separate valuation of machinery or other specialty items for use in
BRW 321 (Rev. 12 -92) Exhibit 2.01 4A
0
o •
preparation of the appraisal reports by Appraiser. Such valuation or other data
shall be the property of the Division and may be made available to Appraiser or
others for analysis and incorporation into appraisal reports as may be deemed
appropriate by Appraiser or others under any other contract for appraisal
services.
9. Invoices for appraisal services will be submitted for payment, in
triplicate, through the District Engineer of Division accepting this proposal
and will show the route, construction section, county, job number, project
number and parcel number or numbers. Invoices for services in connection with
pre -trial conferences and court testimony will show the items listed above and,
in addition, will include a statement of the nature of services performed and
amount of time thereon.
10. Appraiser warrants that appraiser has not employed or retained any company
or person, other than a bona fide employee working solely for appraiser,.to
solicit or secure this contract, and that appraiser has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for
appraiser, any fee, commission, percentage, brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of this
contract. For breach-or violation of this warrant, Division shall have the
right to annul this contract without liability. .
11. -Appraiser hereby certifies for appraiser and the individual or individuals
named in Item 2 above that they have no interest, present or contemplated,.in
any of the aforementioned parcels. If any conflict of interest arises,
appraiser will immediately inform the District Engineer for Division accepting
this proposal and return all material furnished to appraiser for re- assignment
to others.
12. Any dispute concerning a question of fact arising under this proposal shall
be decided by the District Engineer for Division accepting this proposal and
such decision shall. be final and conclusive.
13. Changes in the�work to be. performed under this proposal may be made at any
time in writing by Divisi.on. If such changes - justify an increase or decrease in
the charges set forth in the final paragraph thereof, an equitable adjustment
shall.be made and this contract shall be modified accordingly. Documentation
which is considered inadequate will be augmented and errors will be corrected
upon request without additonal cost.
14. Division may terminate this proposal at any time and for any cause by a
notice in writing to Appraiser. In the event of such termination, payment will
be made to Appraiser for the appraisals which have been completed. Appraisals
in the process of completion shall be compensated for on an equitable basis and
all incomplete appraisals and data collected in connection with them shall be
turned over and become the property of Division; provided, however, that should
this proposal be terminated solely because the progress or quality of work is
unsatisfactory as determined by the District Engineer for Division accepting
this proposal, then no payment will be made or demanded by Appraiser for any
appraisal reports which have not been completed and delivered to Division prior
to the date of said termination.
15. Appraiser will save harmless Division from all claims and liability due to
activities of appraiser, appraiser's agents or employees and will comply with
all Federal, State and local laws and ordinances.
BRW 321 (Rev. 12 -92) Exhibit 2.01 -4A
(2
16. Appraiser agrees that this contract or any part thereof will not be sublet
or transferred without the written consent of the District Engineer accepting
this proposal for Division.
17. In the event this proposal is accepted, it shall constitute a contract as
of the date it is accepted by the District Engineer for Division and shall be
binding on Appraiser, appraiser's executors, administrators, successors or
assigns, as may be applicable. No services will be paid which are performed
prior to the date.of acceptance by the District Engineer.
18. The Appraiser in making the certifications required by this proposal in
paragraphs 19 thru 28 is making these certifications on behalf of the
contracting entity and its officers.and each individual authorized to do.work
for the Illinois Department of Transportation under this proposal.
19. It is understood and agreed. that Exhi bi t s A and B shall be a part of this
contract and Appraiser agrees to be bound by the terms and provisions contained
therein.
20. Appraiser certifies that he /she has not been convicted of bribery or
attempting to bribe an officer or employee of the State of Illinois, nor has the
he /she made an admission of guilt of such conduct which is a matter of record,
nor has any official, officer, agent or employee been so convicted nor made such
an admission.
If a firm, the firm certifies that it has not been convicted of bribery or
attempting to bribe an officer or employee of the State of Illinois, nor has the
firm made an admission of guilt of such conduct which is a matter of record, nor
has an official, agent, or employee of the firm committed bribery or attempted
bribery on behalf of the firm and pursuant to the direction or authorization of
a responsible official of the firm.
21. Appraiser under penalties of perjury, certifies that 36- 2765336
.(SSN # or. FEIN #) is my correct Federal Taxpayer Identifica ion number. am
doing.business as -_(please check one):
Individual
Sole Proprietorship
Real Estate Agent
Governmental Entity
Partnership Tax Exempt Organization
(IRS 501 (a) only)
X Corporation
Trust or Estate
Notes--Profit Corporation
Medical & Health Care Services Provider Corporation
BRW 321 (Rev. 12 -92) Exhibit 2.01 -4A
(3
0 0
22. Appraiser, under penalty of perjury under the laws of the United States,
certifies that, except as noted below, the company or any person associated
therewith in the capacity of owner, partner, director, officer, principal
investigator, project director, manager auditor, or any position involving the
administration of federal funds:
is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency;
has not been suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency.within the past 3 years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or the subject of a civil judgment by a
court of competent jurisdiction in any matter involving fraud or official
misconduct within the past 3 years.
Exceptions will not necessarily result in denial of award, but will be
considered in determining bidder responsibility. For any exception noted,
indicate to whom it applies, initiating agency, and dates of action. Providing
false information may result in criminal prosecution or administrative sanctions.
(INSERT EXCEPTIONS)
none
23. Appraiser under penalties of perjury, certifies that as in accordance with
Section 11.1 of the Illinois Purchasing Act, no person who is entitled to
receive individually more than 7 -1/2 percent of the total distributable income
of the organization or together with their spouse or minor child more than 15
percent of the total distributable income of the organization is (i) an elected
State official,.a member of the General Assembly, an appointed officer, a State
employee; (ii) an officer or employee of -the Illinois Toll Highway Authority or
the Illinois Building Authority; or (iii) a spouse or minor child of any such
enumerated person.
Type of Ownership
x Corporation Non- incorporated
Individual Partnership
Other (Please Specify)
24. Appraiser certifies that he /she is not in default on an educational loan as
provided in Public Act 85 -827.
25. Appraiser certifies that he /she is
Illinois contracts because of violations
bid rotating (PA 85- 1295), Ill Rev. Stat
BRW 321 (Rev. 12 -92)
not barred from bidding on State of
of State law regarding bid rigging or
1987 supp., ch 38 par. 33E -3 and 33E -4.
Exhibit 2.01 -4A
(4
26. Appraiser certifies that he /she will not engage in the unlawful
manufacture, distribution, dispensation, possession, or use of a controlled
substance in the performance of this contract or if a corporation, partnership
or other entity with twenty -five (25) or more employees have completed and
signed a "DRUG FREE WORKPLACE CERTIFICATION."
27. Appraiser agrees-by signing this proposal, to the provisions as written.
This proposal shall be goverened by Illinois law.
28. Appraiser shall maintain, for a mi'nimum of 5 years after the completion of
the contract, adequate books, records,'and supporting documents to verify the
amounts, recipients, and uses of all disbursements of funds passing in
conjunction with the contract; the contract and all books, records, -and
supporting documents related to the contract shall be available for review and
audit by the Auditor General; and the contractor agrees to cooperate fully with
any audit conducted by the Auditor General and to provide full access to all
relevant materials. Failure to maintain the books, records, and supporting
documents required by this Section shall establish a presumption in favor of the
State for the recovery of any funds paid by the State under the contract for -
which adequate books, records, and supporting documentation are not available to
support their purported disbursement.
BRW 321 (Rev. 12 -92) Exhibit 2.014A
(5
0 0
Submitted this 7th day of April 19 95 .
(Ifa corporation)
�
Corporate Name _T__ Engineerinq Service Ltd.
ATTEST: State Incorporated Illinois
BY ::A,/ ZA, l; President
diol . Tadrowski Fred R. Tadrowski
Corporate Seal
(If a co- partnership)
Partners doing business
under the firm name of (SEAL)
If an individual) (SEAL)
Accepted this day of
19
BRW 321 (Rev. '12 -92) Exhibit 2.01 -4A
(6 - -
N
Route Busch & Deerfield Parkways
Section
County
Project No.
Job No.
EXHIBIT A
(a) an appraisal..report on each -of the following parcels consisting of an
original and copies prepared on the standard Appraisal Report Form
(BRW 742), Valuation Report Form (BRW 229), or in such form as may be
approved. Completed appraisal reports will be delivered to the will age of
Buffalo Grove accepting this proposal within a reasonable time and in
no event more than 45 days after the date of such acceptance.
Parcel Report Parcel Report
No. Form No. Rate No. Form No. Rate
Parcel 1 BRW- 742 -1_ $1,500
Parcel 2 BRW -742 -1 $1,500
(b) rate each half day or fraction thereof for time
spent in-pre-trial conferences S 250
(c) rate each half day or fraction thereof for time
spent in court 250
BRW 321 (Rev. 12 -92) Exhibit 2.01 -4A
(7
u
EXHIBIT B
AFFIDAVIT OF APPRAISER
STATE OF )
)SS
COUNTY OF )
being duly
sworn, deposes and says:
That on (include all dates) 1 personally
inspected the property he rein appraise an at I have afforded the property
owner or designated representative the.-opportunity to accompany me at the time
of.the inspection. I have also made a personal field inspection of the
comparable sales relied upon in making said appraisal. The subject and
comparable sales relied upon in making said appraisal were as represented by
the photographs contained in said appraisal and sales data sheets.
That to the best of my knowledge and belief the statements contained in
the appraisal herein set forth are true and the information upon which the
opinions expressed therein are based is correct; subject to the limiting
conditions therein set forth.
That I understand that such appraisal is to be used in connection with
the acquisition of right -of -way for a highway to be constructed by the State
of Illinois with its funds and /or with the assistance of Federal -aid highway
funds, or other Federal funds.
That to the best of my knowledge such appraisal has been made in
conformity with the appropriate State Laws, regulations and policies and
procedures applicable to appraisal of right -of -way for.such purposes; and that
to the best of my knowledge no portion of the value assigned to such property
consists of items which are noncompensable under the established laws of the
State.
That neither my employment nor my compensation for making this appraisal
and report are in any way contingent upon the values reported herein.
That I have no .direct or indirect present or contemplated future personal
interest in such property.or in any benefit.from the acquisition of such
property. appraised.
That I have not revealed the findings and results of such appraisal to
anyone other than the proper officials-.of.the. Illinois Division. of Highways or
officials of the Federal Highway Administration, and I will not do so until so
authorized by State Officials or until I am required to do so by due process
of law, or until I am released from this obligation by having publicly
testified as to such findings.
That my opinion of the fair market value of the part taken and net damage
to the remainder, if any, as of the day of ,
19 , i§-$ . as�e —upon my independent appraisal an
the exercise of my protessional ju gment.
Signature
19 Subscribed and sworn to before me this day of
19—
SEAL
My Commission Expires
BRW 321 (Rev. 12 -92) Exhibit 2.01 4A
(8 of 14)
O
Route Busch Parkway at Deerfield
Parkway
Village of Buffalo Grove
County of Lake
Proposal for Review Appraisal Services
1. Proposal of Lorenz and Associates, Ltd., an Illinois corporation, whose address is 5901
North Cicero Avenue, Chicago, Illinois 60646, hereinafter referred to as "Reviewer ", for the
furnishing to the Village of Buffalo Grove, whose address is 51 Raupp Boulevard, Buffalo Grove,
Illinois 60089 -2198, hereinafter referred to as "Village ", certain review appraisal services
described on Exhibit A attached hereto, and made a part hereof, for the project and rates set
forth on said Exhibit.
2. Review appraisal reports called for on said Exhibit A will be prepared independently of any
other appraiser employed under a similar proposal to furnish review appraisal services on said
project and personally by the following named individual whose qualifications are being submit-
ted to the Village for review.
Francis S. Lorenz, Jr.
3. Village will furnish to Reviewer prescribed certification forms through the Illinois De-
partment of Transportation, the parcel plats, legal descriptions, ostensible owner, a statement
of items generally noncompensable under the law of Illinois and all the copies of the appraisal
reports prepared by the field appraiser.
4. It is understood that appearances in court and pretrial conferences may be required in
relation to the review appraisal services called for herein and it is agreed that such appear-
ance or appearances shall be made upon request of Village or its trial counsel.
5. Reviewer will not furnish a copy of any appraisal or review appraisal, or reveal the find-
ings or results contained therein to any other person or agency unless authorized by Village in
writing or upon court order.
6. If different than the field appraisal reports, the review appraisal reports will be doc-
umented and contain the fair market value of the whole property, the fair market value of the
property taken (including improvements.) as part of the whole, the fair market value of the re-
mainder before and after the taking, the damage to the remainder, the compensation for ease-
ments and the• total compensation. The review appraisal reports and certifications will conform
to the requirements of the Illinois Department of Transportation and will be prepared on its
forms. They will also comply with the Code of Professional Ethics and the Standards of Pro-
fessional Conduct of the Appraisal Institute.
7. Invoices for review appraisal services will be submitted for payment, in triplicate,
through the Village of Buffalo Grove Director of Public Works for the Village accepting this
proposal and will show the route, construction section, county, job number, project number and
parcel numbers. Invoices for services in connection with pre -trial conferences and court tes-
timony will show the items listed above and, in addition, will include a statement of the na-
ture of services performed and amount of time thereon.
8. Reviewer warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for him, to solicit or secure this contract, and that he has
not paid or agreed to pay any company or person, other than a bona fide employee working solely
for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration, con-
tingent upon or resulting from the award or making of this contract. For breach or violation
of this warranty, Village shall have the right to annul this contract without liability.
9. Reviewer hereby certifies for himself and the individual named in Item 2 above that he has
no interest, present or contemplated, in any of the aforementioned parcels. If any conflict of
interest arises, he will immediately inform the Village and return all materials furnished to
him for re- assignment to others.
10. Any dispute concerning a question of fact arising under this proposal shall be decided by
the Village Director of Public Works for Village accepting this proposal and such decision
shall be final and conclusive.
11. Changes in the work to be performed under this proposal may be made at any time in writing
by Village. If such changes justify an increase or decrease in the charges set forth in the
final paragraph thereof, an equitable adjustment shall be made and this contract shall be modi-
fied accordingly. Documentation which is considered inadequate will be augmented and errors
will be corrected upon request without additional cost.
12. Village may terminate this proposal at any time and for any cause by a notice in writing
to Reviewer. In the event of such termination, payment will be made to Reviewer for the review
appraisals which have been completed. Review appraisals in the process of completion shall be
compensated for on an equitable basis and all incomplete review appraisals and data collected
in connection with them shall be turned over and become the property of Village; provided,
however, that should this proposal be terminated solely because the progress or quality of the
work is unsatisfactory as determined by the Village, then no payment will be made or demanded
by Reviewer for any review appraisal reports which have not been completed and delivered to
Village prior to the date of said termination. In no event shall this be construed that Re-
viewer cannot retain a copy of the data and review appraisals for his files.
13. Reviewer will save harmless Village from all claims and liability due to activities of
himself, his agents or employees and will comply with all Federal, State and local laws and
ordinances.
14. Reviewer agrees that this contract or any part thereof will not be sublet or transferred
without the written consent of the Village.
15. In the event this proposal is accepted, it shall constitute a oontract as of the date it
is accepted by the Village and shall be binding on Reviewer his executors, administrators, suc-
cessors or assigns, as may be applicable.
16. It is understood and agreed that Exhibit B shall be a part of this contract and Reviewer
agrees to be bound by the terms and provisions contained therein; all references in Exhibit B
to the State of Illinois and its Department of Transportation shall also include the Village of
Buffalo Grove.
17. Reviewer is hereby notified that Village, in accordance with the provisions of Title VI of
the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce
(15 C.F.R., Part 8), issued pursuant to such Act, will affirmatively insure that any contract
entered into pursuant to this proposal will be awarded to the lowest responsible bidder without
discrimination on the ground of race, color or national origin.
Submitted this 31st Day of March, 1995
Lorenz and Associates, Ltd.
an Illinois corporation
• By �ZZii 5V
Attest President /
Secretary
Corporate Seal
Accepted this day of 1995
By.X
Director of Public Works
Village of Buffalo Grove
O O
Exhibit A
Route Busch Parkway at Deerfield Parkway
Village Buffalo Grove
County Lake
(a) A review appraisal report and certification on each parcel consisting of an original and
three copies prepared on the standard Appraisal Report Form (BRW 316), or in such forms as may
be approved. Completed review appraisal reports and certifications will be delivered to the
Village accepting this proposal within twenty days after receipt of the field appraiser's re-
ports and authorization to proceed.
Schedule of Fees
Parcel Fee
0001 $400.00
0002 400.00
Total Fees $800.00
(b) Rate each hour
for time spent in pre -trial conferences: $125.00 per hour
(c) Rate each hour
for time spent in court: $125.00 per hour
[Adaption of IDOT BRW 321 (Rev. 6/83)]
DEBARMENT CERTIFICATION
(Required by 49CFR29)
I, Francis S. Lorenz, Jr., individually, and as President of Lorenz and Associates, Ltd., of
the United States, certify that, except as noted below, the company or any person associated
therewith in the capacity of owner, partner, director, officer, principal investigator, project
director, manager auditor, or any position involving the administration of federal funds:
is not currently under suspension, debarment, voluntary exclusion, or determin-
ation of ineligibility by any federal agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible
by any federal agency within the past 3 years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or the subject of a civil judgment by a court
of competent jurisdiction in any matter involving fraud or official misconduct
within the past 3 years.
Exceptions will not necessarily result in denial of an award, but will be considered in deter- _
mining bidder responsibility. For any exception noted, indicate to whom it applies, initiating
agency, and dates of action. Providing false information may result in criminal prosecution or
administrative sanctions.
(INSERT EXCEPTIONS)
* ** None * **
Lorenz & Associates. Ltd. LILZy President
Francis S". Lor� Jr:
Attest: (Seal)
Secretary
1
i1
0 0
STATE OF ILLINOIS
DRUG FREE WORKPLACE CERTIFICATION
1. This certification is required by the Drug Free Workplace Act (I11. Rev. Stat., Ch.
127, Par. 152.311). The Drug Free Workplace Act, effective January 1, 1992, requires that no
grantee or contractor shall receive a grant or be considered for the purposes of being awarded
a contract for the procurement of any property or services from the State unless that grantee
or contractor has certified to the State that the grantee or contractor will provide a drug
free workplace. False certification or violation of the certification may result in sanctions
including, but not limited to, suspension of contract or grant payments, termination of the
contract or grant and debarment of contracting or grant opportunities with the State for at
least (1) year but not more than five (5) years.
For the purpose of this certification, "grantee" or "contractor" means a corporation,
partnership, or other entity with twenty -five (25) or more employees at the time of issuing the
grant, or a department, division, or other unit thereof, directly responsible for the specific
performance under a contract or grant of $5,000 or more from the State.
by: The contractor /grantee certifies and agrees that it will provide a drug free workplace
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispens-
ing, possession or use of a controlled substance, including cannabis, is
prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for viola-
tions of such prohibition.
(3) Notifying the employee that, as a condition of employment on such con-
tract or grant, the employee will:
(A) abide by the terms of the statement; and
(B) notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days
after such conviction.
(b) -Establishing a drug free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The Grantee's or contractor's policy of maintaining a drug free work-
place;
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by subparagraph (a) to each employee
engaged in the performance of the contract or grant and to post the statement in
a prominent place in the workplace.
(d) Notifying the contracting or granting agency within ten (10) days after receiv-
ing notice under part (B) of paragraph (3) of subsection (a) above from an em-
ployee or otherwise receiving actual notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug
abuse assistance or rehabilitation program, by any employee who is so convicted,
as required by Section 5 of the Drug Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counsel-
ing, treatment, and rehabilitation is required and indicating that a trained
referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through
implementation of the Drug Free Workplace Act.
THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THAT HE OR SHE IS AUTHORIZED TO
EXECUTE THIS CERTIFICATION ON BEHALF OF THE DESIGNATED ORGANIZATION.
(Lorenz & Associates, Ltd.
'�.✓ 4,fiyi ,
Signature of�Autliorize presentative Requisition /Contract /Grant ID #
Francis S. Lorenz, Jr., resident
3
Date
State of _
County of
says:
•
SS..
EXHIBIT B
AFFIDAVIT OF APPRAISER
I I
, being duly sworn, deposes and
That on (include all dates) I personally inspected the property herein appraised and that l
have afforded the property owner or his designated representative the opportunity to accompany me at the•time of the
inspection. I have also made a personal field inspection of the comparable sales relied upon in making said appraisal. The
.subject and comparable sales relied upon in making said appraisal were as represented by the, photographs contained in
said appraisal and sales data sheets.
That to the best of my knowledge and belief the statements contained in the appraisal herein set forth are true and the
information upon which the opinions expressed therein are based is correct; subject to the limiting conditions therein set
forth.
That I understand that such appraisal is to be used in connection with the acquisition of right -of -way for a highway to be
constructed by the State of Illinois with its funds and/or with the assistance of Federal aid highway funds, or other Federal
funds.
That to the best of my knowledge such appraisal has been made in conformity with the appropriate State Laws, regula-
tions and policies and procedures applicable to appraisal of right -of -way for such purposes; and that to the best of my
knowledge no portion of the value assigned to such property consists of items which are noncompensable under the
established law of said State.
That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon
the values reported herein.
That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from
the acquisition of such property appraised.
That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the Illinois
Division of Highways or officials of the Federal Highway Administration, and I will not do so until so authorized by State
Officials or until I am required to do so by due process of law, or until I am released from this obligation by having publicly
testified as to such findings.
That my opinion of the fair market value of the part taken and net damage to the remainder, if any, as of the
day of , 19 , is $ based u
exercise of my professional judgement. upon my independent appraisal and the
Subscribed and sworn to before me this day of
SEAL
My Commission Expires
,19
Signature
Notary Public
Exhibit 2.01 4A BRW 321 (Rev. 9 -90)
(5 at 12)
v
Bribery Clause Certification
The undersigned firm certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of
the State of Illinois, nor has the firm made an admission of guilt of such conduct which is a matter of record, nor has an
official, agent, or employee of the firm committed bribery or attempted bribery on behalf of the firm and pursuant to the
direction or authorization of a responsible official of the firm.
Signed
/ - Date -/CS
Exhibit 2.01 - 4A
BRW 321 (Rev. 9 -90)
(8 of 12)