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1995-60„,,,,,. e RESOLUTION NO. 9S- 60 A RESOLUTION APPROVING AN AGREEMENT FOR APPRAISAL REVIEW 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 an qualified appraiser is necessary to review 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 Review 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, Briaman, Hendricks, Glover NAYES : 0 - None ABSENT: 0 - None PASSED: September, 11 1995 Zr o ed: Vill Presid nt ATTEST: e Village Clerk H: \resolut \busch2 0 0 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. 1) 61 0 0 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 contract 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 Attest: f i4 , Secretary Corporate Seal Acceptdd this day of Lorenz and Associates, Ltd. an Illinois corporatioo /nP By • President i By: 1995 Director of Public Works Village of Buffalo Grove 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) 0 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. ~�..//���c2o Q C�cvyv .President Francis S. Lorenz . Attest: 8 (Seal) Secretary a 1 � t , STATE OF ILLINOIS DRUG FREE VM[PLACE CERTIFICATION 0 This certification is required by the Drug Free Workplace Act (Ill. 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. The contractor /grantee certifies and agrees that it will provide a drug free workplace by: (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. r i (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. Signature of Authori ed epresentative Requisition /Contract /Grant ID # Francis S. Lorenz, Jr., President Date 1, State of SS.: County of says: EXHIBIT B AFFIDAVIT OF APPRAISER , being duly sworn, deposes and That on (include all dates) I personally inspected the property herein appraised and that I 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- wayfor 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 pubjicly 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 1". , 19 , is $ based upon my independent appraisal and the exercise of my professional judgement. 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 of 12) 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 Exhibit 2.01 - 4A BRW 321 (Rev. 9 -90) (8 of 12)