1995-590 0
RESOLUTION NO. 95-59
A RESOLUTION APPROVING AN AGREEMENT FOR APPRAISAL SERVICES FOR
THE BUSCH PARKWAY AND DEERFIELD PARKWAY 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 appraiser is
necessary to proceed with necessary 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 Appraisal 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: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES : 0 - None
ABSENT:
PASSED:
0 - None
Septemb
ATTEST:
VilClerk
g
I nnr
H:resolut \buschl
Route SWn 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 n as ppraiser or the turnishing to the
--Village of Buffalo 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
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preparation of the appraisal reports
shall be the property of the Division
others for analysis and incorporation
appropriate by Appraiser or others un
services.
R 1 ® . 11 'J '1�
by Appraiser. Such valuation or other data
and may be made available to Appraiser or
into appraisal reports as may be deemed
der any other contract for appraisal
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
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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
ASSN # or FEIN #) is my correct Federal Taxpayer Identifica -ion number. i am
doing.business as -a (please check one):
Individual Real Estate Agent
Sole Proprietorship Governmental Entity
Partnership Tax Exempt Organization
(IRS 501 (a) only)
X Corporation
Trust or Estate
Not -To—r- Profit Corporation
Medical & Health Care Services Provider Corporation
BRW 321 (Rev. 12 -92) Exhibit 2.01 -4A
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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 M an elected
State o €ficial,.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 minimum 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 2.01 -4A
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Submitted this 7th day of April , 19 95 .
(Ifa corporation)
Corporate Name "T" Engineering Service Ltd.
ATTEST: State Incorporated Illinois
By s l President
droel Tadrowski Fred R. Tadrowski
Corporate teal
(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 74A
1 .
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), Val ua ion Report Form (BRW 229), or in such form as may be-.
approved. Completed appraisal reports will be delivered to the ;7i 1 lace 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
Ll
(b) rate each half day or fraction thereof for time
spent in pre -trial conferences
(c) rate each half day or fraction thereof for time
spent in court
$_250
$_250
BRW 321 (Rev. 12 -92) Exhibit 2.01 4A
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EXHIBIT B
AFFIDAVIT OF APPRAISER
STATE OF )
)SS
COUNTY OF )
being duly
sworn, deposes and says:
That on (include all dates) I personally
inspected the property herein 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 is+$ ash on my independent appraisal an
the exercise of my protessional ju gment.
Signature
19 Subscribed and sworn to before me this day of ,
SEAL
My Commission Expires
BRW 321 (Rev. 12 -92) Exhibit 2.01 -4A
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