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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. 0 0 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. 0 0 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 ,•• . .�. r�..v �,�•,r+ ,�...���.rcwxa� a rr�„a_w.�aa� ,u JJ(xf'�J 1'.l7G 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)