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1982-04-19 - Resolution 1982-20 - ACCEPTING A PROPOSAL FOR NEGTIATION SERVICES FOR PROPERTY ACQUISITION FOR THE BUFFALO GROVE RD (LAKE COOK RD TO IL RTE. 83) STREET IMPROVEMENT RESOLUTION NO. 82 - 20 A RESOLUTION ACCEPTING A PROPOSAL FOR NEGOTIATION 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 Il . Route 83) Street Improvement; and, WHEREAS, the approval of an agreement for property acquisition negotiating services is required in order to proceed with the implemen- tation of the improvement; NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees that the agreement for negotiating services entitled "Proposal for Negotiating 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 APPROV : i agfl a Presi dent ATTEST: Vill Clerk • Rou\ FAU 2657 • Section 79-00019-00-PV County LAKE Project No. m-5003 (487) Job No. R-91-009-79 b1 pti lZ O��S VILLAGE OF BUFFALO GROVE Qv Proposal for Negotiation Services 1. Proposal of Thorson and Associates whose address is 221 Woodward Avenue, Geneva,. Illinois 60t34 hereinafter referred to as NEGOTIATOR for the furnishing to the Village of Buffalo Grove of the State of Illinois, hereinafter referred to as the Village certain negotiation services for the acquisition of right of way for the future construction of Buffalo Grove Road from Lake Cook Road to Illinois Route 83 2. Said Negotiation' Services shall be furnished by NEGOTIATOR on the basis of 14 parcels and at the rate of $ 645.00 per parcel (*) in accordance with the Negotiation Section 3.00 and Acquisition Section 4.00 of the Land Acquisition Policies and Procedures manual of the State of Illinois, Department of Transportation. 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 as herein set forth, excepting for those services set forth in Paragraph 9. 3. The Village will furnish NEGOTIATOR parcel plats, legal descriptions, title reports or evidence of ostensible ownership. 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 furnished, prepared or obtained by NEGOTIATOR during the course of providing his services for each parcel and shall be maintained in a separate parcel file 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 the Village when acquisition is determined to be by Eminent Domain proceedings, the NEGOTIATOR parcel file shall be returned to the Village . NEGOTIATOR'S parcel files shall be available for inspection or review of its contents by the Village State of Illinois Department of Transportation, or Federal Highway Administration personnel at any time. 4. In addition to furnishing the items set forth in Paragraph 3 above the Village shall also provide NEGOTIATOR a copy of an approved appraisal of each parcel together with Appraisal Reviewer's certification. 5. 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 the Village no less than 10 days prior to the intended date of initiation of negotiation for the parcel in order to coordinate the offering of relocation assistance and 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. (*) "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. 6. 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 • 7. 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 • 8. 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 Villaoe may elect to prepare and forward a Final Offer Letter (with copy to NEGOTIATOR) to the owner of the parcel and thereafter proceed with preparation for condemnation preceedures. In any case, said Village reserves the right to require NEGOTIATOR to make additional negotiation contacts with the parcel owner up until the actual date of filing a petition to condemn the parcel. 9. 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 the 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 conferences S 100.00 (b) Rate each half day or fraction thereof for time spent in court $ 100.00 10. NEGOTIATOR will not furnish a copy of any appraisal or the findings or results contained therein to any other person or agency unless authorized by the Village or upon court order. 11. Invoices for negotiation services will be submitted for payment when each ten (10) or more parcels have been completed or upon completion of the contract when the total number of parcels is less than ten (10). Each invoice will show the route, construction section, city/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 state— ment of the nature of services performed and amount of time thereon. 12. 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, the Village shall have the right to annul this contract without liability. 13. NEGOTIATOR hereby certifies that if any conflict of interests arises, in any of the parcels subsequently assigned to him, he will immediately inform the Village accepting this proposal and return all material furnished to him for reassignment to others. 14. Any dispute concerning a question of fact arising under this proposal shall be decided by the Village accepting this proposal and such decision shall be final and conclusive. - 3 - 15. Changes in the work to be performed under this proposal may be made at any time in writing by the 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. 16. The Village may terminate this proposal at any time and 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 the Village ; provided, however, that should this proposal be terminated solely because the progress or quality of work is unsatisfactory as determined by the Village accepting this proposal, then no payment will be made or demanded by NEGOTIATOR for any negotiation services which have not been completed and delivered to the Village prior to the date of said termination. 17. NEGOTIATOR will save harmless the 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. 18. NEGOTIATOR agrees that this contract or any part thereof will not be sublet or transferred without the written consent of the Village accepting this proposal. 19. In the event this proposal is accepted, it shall constitute a contract as of the date it is approved by the Village and shall be binding on NEGOTIATOR, his executors, administrators, successors or assigns, as may be applicable. 20. It is understood and agreed that Appendices AINHUHOtshall be a part of this contract and NEGOTIATOR agrees to be bound by the terms and provisions contained therein. Submitted this 17th day of November , 19 81 . Seal) ERIC G. THORSON Accepted this 19th day of April , 19 82 Verna L. Clayton, - Village President senA ATTEST:- .c..aw Jane , -1'vrabian,Village Clerk • - - • • AI'I'LNDIX A During the ',erforll:nice of this contract, the contra(,.n, for itself, its assignees and successors In interest(hereinafter referred to as the "Coritiactur"), agices as follows: (I) Compliance with Regulations: The cuntiactur shall comply with the Regulations relative t. nondiscrimination ni fedeially-assisted programs of the Department of Transportation,Title 49.Code o' Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as Regulations), which aie 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 nut 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 n••t participate either Jiicctly or indirectly in the discrimination prohibited by Section 21.5 of tl Regulations, including employment piactices when the contract covers a program set forth in Appendix Ii 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 fur work to be performed under a subcontract, including procurement of materials or leases of eripigcnt,each potential subcontractor o• 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 Federei Highway Administration to be pertinent to ascertain compliance with such Regulations, orders an. instructions. Where any information required of a contractor is in the exclusive possession of anothe who fails or refuses to furnish this information,the contractor shall so certify to the State or the Fe:er? Highway Administration as appropriate, and shall set forth what efforts it has made to obtain •e information. • (5) Sanctions for Norcompliance: In the event of the contractors noncompliance with rh. nondiscrimination pyuvisions of tins contract, the State shall impose such:contract sanctions as.it or :h• 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 compii•.., 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 On, Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect 3• any subcontract or procurement as the State of the Federal Highway Administration may direct es r means of enforcing such provisions including sanctions for noncompliance: Provided, however, that .r the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor u supplier as a result of such direction, the contractor may request the State to enter into such litigation c- protect the interests of the State, and, in addition, the contractor;nay request the United States to enter into such litigation to protect the interests of the United States.