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1982-04-19 - Resolution 1982-21 - ACCEPTING A PROPASAL FOR APPRAISAL SERVICES FOR PROPERTY ACQUISITION FOR THE BUFFALO GROVE ROAD (lAKE COOK RD TO IL RTE 83 STREET IMPROVEMENT v RESOLUTION NO. 82 - 21 A RESOLUTION ACCEPTING A PROPOSAL FOR APPRAISAL SERVICES FOR PROPERTY ACQUISITION FOR THE BUFFALO GROVE ROAD (LAKE-COOK ROAD TO IL. ROUTE 83) STREET IMPROVEMENT WHEREAS, the Village President and Board of Trustees desire to implement the Buffalo Grove Road (Lake-Cook Road to I1 . Route 83.) Street Improvement; and, WHEREAS, the approval of an agreement for property acquisition appraisal services is required in order to proceed with the implementation of the improvement; NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees that the agreement for appraisal services entitled "Proposal for Appraisal Services" is accepted and the Village President and Village Clerk are hereby authorized and directed to execute the agreement. A copy of said agreement is attached hereto and made a part hereof. AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske NAYS: 0 - None ABSENT: 1 - Schwartz PASSED: April 19 , 1982 APPROVED; // v Vi age President ATTEST: Vi11a Clerk Route FAU 2657 Section 79-00019-00-PV County Lake Project No. M-500 (487) Job No.R-.9u-UU9- - 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 to as "Appraiser," for the furnishing to the Village of Buffalo -Grove, Illinois for use by its Division of Highways, 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 intlividuals whose qualifications have been or are being submitted for review 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 himself and the individual or individuals designated in Item 2 above that he or 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 speciality items for use in 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 quintuplicate, through the District Engineer for 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. BRW 321 (Rev. 74) Sheet 1 of 5 10. Appraiser 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 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 himself and the individual or individuals 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 District Engineer for Division accepting this proposal and return all material furnished to him 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 Division. 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 additional 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 himself, his agents or employees and will comply with all Federal, State and local laws and ordinances. 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, his executors, administrators, successors or assigns, as may be applicable. 18. It is understood and agreed that Appendices A and B shall be a part of this contract and Appraiser agrees to be bound by the terms and provisions contained therein. 19. Appraiser is hereby notified that Division, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, 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 7th day of April , 19 82. (If Appraiser is a corporation) Corporate Name "T" Engineering Service Ltd. State ATTEST - Incorporated Illinois �6�`-62 By Secretary President Corporate Seal Carol M. Tadrowski Fred R. Tadrowski BRW 321 (Rev. 74) Sheet 2 of 5 - \1 `� (If Appraiser is a co-partnership) Partners doing business under the firm name of (Seal) (If Appraiser is an individual) (Seal) Accepted this 19 t h day of Apr i l 19 82 1:4"."6" Village of Buffalo Grove whose address is 50 Raupp Boulevard Buffalo Grove, Illinois 60090 BRW 321 (Rev.74) Sheet 3 of 5 �.1 EXHIBIT A• RouteFAU 2657 Section 79-00019-00-PV• — County Lake Project No M-5003(487) Job No.B-90-009-79 (a) an appraisal report on each of the following parcels consisting of an original and 3 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 theVillage 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 1 742 $ 550 2 742 1, 100 3 742 . 1, 200 4 742 550 5 742 550 6 742 550 7 742 1, 300 8 742 500 10 742 500 11 742 . 1, 100 12 229 500 13 742 500 14 :742 500 15 742 500 16 742 500 17 742 500 18 742 550 (b) rate each half day or fraction thereof for time spent in pre-trial conferences $ 125 (c) rate each half day or fraction thereof for time spent in court $ 125 BRW 321 (Rev. 74) Sheet 4 of 5 APPENDIX A During the performance of this contract,the contractor,for 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, (hereinafter 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 shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices 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 of materials or leases 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 by the State or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information,the contractor shall so certify to the State or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance 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: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation,termination or suspension of the contract,in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of Paragraph(1)through(6)in every subcontract, including procurements of materials and leases of equipment,unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the State of the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction,the contractor may request the State to enter into such litigation to protect the interests of the State,and,in addition, the contractor may request the United States to enter. into such litigation to protect the interests of the United States. BRW 1267-1 (Rev. 5-78) `/ c APPENDIX B EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Fair Employment Practices Commis- sion as a material term of all public contracts: EQUAL EMPLOYMENT OPPORTUNITY.In the event of the contractor's noncompliance with any provision of this EqualEmployment Opportunity Clause,the Illinois Fair Employment Practices Act or the Fair Employment Practices Commission's Rules and Regulations for Public Contracts, the contractor may be declared nonresponsible and therefore ineligible 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: (1) That it will not 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 unfavora- ble discharge from the military service and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. (2), That,if it hires additional employees in order to perform this contract,or any portion hereof,it will deter- mine 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 under- utilized. (3) That,in all solicitations or advertisements for employees placed by it or on its behalf,it will state that all 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 bar:ining or other agreement or understanding,a notice advising such labor organization or representative of the contractor's obligations 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. (5) That it will submit reports as required by the Illinois Fair Employment Practices Commission's Rules and 'Regulations for Public Contracts, furnish all relevant information as may from time to thee be requested by the Commission or the contracting agency,and in all respects comply with the Illinois Fair Employment Practices Act and the Commission s Rules and Regulations for Public Contracts. (6) That it will permit access to all relevant books, records,accounts and work sites by personnel of the contracting agency and the Illinois Fair Employment Practices Commission for purposes of investigation to ascertain compliance with the Illinois Fair Employment Practices Act and the Commission's Rules and Regulations for Public Contracts. (7) That it will include verbatim or by reference the provisions of Paragraphs 1 through 7 of this clause in every performance subcontract as defined in Section 2.1 Q(b)of the Commission's Rules and Regulations for Public Contracts so that such provisions will he binding upon every such subcontractor;and that it will also so include the provisions of paragraphs 1,, 5, 6 and 7 in every supply subcontract as defined in Section 2.1'f1(a)of the Commission's Rules and Regulations for Public Contracts so that such provisions will be binding upon every such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by all its subcontractors; and further it will promptly notify the contracting agency and the Illinois Fair Employment Practices Commission in the event any subcontractor fails or refuses to comply therewith. In addition, no contractor will utilize any subcontractor declared by the Commission to be nonresponsible 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 paragraph 7 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, arrangement or understanding, written or otherwise, between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee): (a) for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements,which,in whole or in part,is utilized in the performance of any one or more contracts;or (b) under which any portion of the contractor's obligation under any one or more contracts is performed, undertaken or assumed. R$W'1267-2 (Rev. 5-78) BRIBERY CLAUSE CERTIFICATION I, _• Fred R. Tadrowski , hereby certify that I have not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, nor that I have made admission of • . guilt of such conduct which is a matter of record. . • • • • • Signed f(70 .-77 • Date April 7, 1982 • BRW Form 1933 • - Exhibit 7.12-6A