2001-37 RESOLUTION 2001- 37
A RESOLUTION APPROVING AN AGREEMENT FOR APPRAISAL SERVICES
FOR THE PORT CLINTON ROAD AND PRAIRIE ROAD
INTERSECTION IMPROVEMENT
WHEREAS, the Village President and Board of Trustees desire to proceed
with the Port Clinton Road and Prairie Road 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 Local Public Agency 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, Braiman, Glover, Berman, Johnson, Kahn
NAYES: 0 - None
ABSENT: 0 - None
PASSED: October 1 , 2001
APPROVED: October 1 , 2001
Approved:
Village President
ATTEST:
V#Iage Clerk/o<"
G AP WDIRGRP\LHC\PTCL\RES012.doc
Route FAU 2657 (Buffalo Grov,
PROPOSAL FOR LOCAL PUBLIC Section at Port Minton Rya)
AGENCY APPRAISAL SERVICES County Lake
Project No.
Job No.
our File No. 307
1. Proposal of "T" Engineering Service Ltd.
whose address is Midwest oad, Oak brook, Illinois
60523
hereinafter referred to as APPRAISER for the furnishing to the
v; l i acre of Euffa?o Grove hereinafter referred to as the Local
Public Agency, or LPA, certain appraisal services described on Exhibit B .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 B will be prepared independently of any
other appraiser employed under a similar proposal to fumish appraisal services on
said project and personally by the following named individual or individuals whose
qualifications Faveedbeeen R. mpp approved by LPA:
rowski
3. LPA 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 certification attached
hereto as Exhibit A and agrees that the individual or individuals designated in Item 2
as preparing the appraisal report will execute such a certification 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 LPA or its trial counsel.
6. APPRAISER will not fumish a copy of any appraisal or the findings or results
contained therein to any other person or agency unless authorized by LPA 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. LPA reserves the right to employ a specialist or specialists to prepare a separate
valuation of machinery or other specialty items for use in preparation of the appraisal
reports by APPRAISER. Such valuation or other data shall be the property of the
LPA 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
representative of LPA 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
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items listed above and,.in.addition, will include'a statement of the riafure:bf services
performed and amount-of-tirrme thereon. ` ,.#BUJ .< .- + 14c"
10. APPRAISER warrants that-APPRAISER has not employed or retained any compan.y
or'person;'.othec'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, LPA shall have the right to annul this contract without liability.
11. APPRAISER hereby certifies for self 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 representative for LPA 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 representative for LPA 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 LPA. If such changes justify an increase or decrease in the charges set
forth in the final paragraph thereof, an equitable adjustment shall be made and this
contract shall be modified accordingly. Documentation which is considered
inadequate will be augmented and errors will be corrected upon request without
additional cost.
14. LPA 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 LPA; provided, however, that.should this proposal be
terminated solely because the progress or quality of work is unsatisfactory as
determined by the representative for LPA 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-LPA pdorto-ihe-date of said termination:
15. APPRAISER will save harmless LPA 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.
16. APPRAISER agrees that this contract or any part thereof will not be sublet or
transferred without the written consent of the representative accepting this proposal
for LPA.
17. In the event this proposal is accepted, it shall constitute a contract as of the date it is
accepted by the representative for LPA 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 representative.
18. The APPRAISER in making the certifications required by this proposal 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.
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19. It is understood and agreed that Appendices A and B shall be a part of this contract
and APPRAISER agrees to be bound by the terms and provisions contained therein.
20. APPRAISER certifies that he/she has not been convicted of bribery or attempting to
bribe an officer or employee of the LPA or 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 LPA or 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 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)
22. 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 (1) an elected state official, a member of
the General Assembly, an appointed officer, a state employee; (2) an officer or
employee of the Illinois Toll Highway Authority or the Illinois Building Authority; or(3)a
spouse or minor child of any such enumerated person.
APPRAISER has not, nor has any principal of the firm (if a company), nor has the firm
been convicted of any felony, or, if so convicted, at least one year has passed since the
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date of completion of th.,e sentence. as of the effective date of this contract, 30 ILCS
505/10.3. _ ...yy.��;0ii:t����.. .
APPRAISER does not, nor does any principal of the firm,(If a company), nor does the
firm pay dues or fees on behalf of its employeesoor'agents or reimburse or otherwise
subsidize them for payment of dues or fees to any club which unlawfully discriminates.
23. APPRAISER certifies that he/she is not in default on an educational loan as provided
in 5 ILCS 385/3.
24. APPRAISER certifies that he/she is not barred from bidding on State of Illinois
contracts because of violations of state law regarding bid rigging or bid rotating (720
ILCS 5/33E-3 8t 5/33E-4.)
25. 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 the attached "DRUG FREE
WORKPLACE CERTIFICATION"
26. 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.
27. APPRAISER certifies that neither it nor any substantially owned affiliated company is
participating or shall participate in an international boycott in violation of the
provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S.
Department•of Commerce-promulgated -under that-Act. -Ibis-certification applies to
any contract or renewal, amendment or modification to an existing contract that
exceeds$10,000.
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28. Under penalties of pedury, I certify that the name, taxpayer identification number,
and legal status listed below are correct.
Name: "T" Engineering Service Ltd.
Taxpayer Identification Number:
Social Security Number
or
Employer Identification Number 3 6-2 7 6 5 3 3 6
(If you are an individual, enter your name and SSN as it appears on your
Social Security Card. If completing this certification for a sole proprietorship,
enter the owner's name followed by the name of the business and the
owner's SSN. For all other entities, enter the name of the entity as used
to apply for the entity's EIN and the EIN. The Name and Number must
match Internal Revenue Service records.)
Legal Status (check one):
Individual x Corporation
Owner of sole Other.
proprietorship
Partnership
LPA 321 (5 of 13)
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STATE OF ILLINOIS
DRUG FREE WORKPLACE CERTIFICATION
This certification is required by the Drug Free Workplace Act (III. 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 one (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, LPA, 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,
dispensing, 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
violations of such prohibition.
3. Notifying the employee that, as a condition of employment on such
contract or grant, the employee will:
(A) abide by the terms of the statement; and
(B) notify the employer of any criminal drug statute conviction fora
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
workplace;
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.
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D. Notifying the contracting or granting agency within ten (10) days after
receiving notice under part (B) of paragraph (3) of subsection (a above from
an employee 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
counseling, 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.
Printed Name of Organization
Signature of Authorized
Representative
Printed Name and Title
Date
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APPENDIX A
During the performance -of this contract, the contractor, for itself, its assignees and
successors in interest(hereinafter referred to as the"Contractor"), agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations
relative to nondiscrimination in federally-assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as Regulations), which are herein
incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the ground of race, color or national origin in the
selection and retention of subcontractors including procurements of materials and
leases of equipment. The contractor shall not participate either directly or indirectly in
the discrimination prohibited by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by
the contractor for work to be performed under a subcontract, including procurement or
materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the ground of race, color or national origin.
4. Information and Reports: The contractor shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the State or the Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the contractor shall so certify to
the State or the Federal Highway Administration is appropriate and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with
the nondiscrimination provisions of this contract, the State shall impose such contract
sanctions as it or the Federal Highway Administration may determine to be
appropriate, including, but not limited to:
• withholding of payments to the contractor under the contract until the contractor
complies, and/or
• 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 procurement of materials and
leases of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto. The contractor shall take such action with respect to any subcontract or
procurement as the State of the Federal Highway Administration may direct as a
means of enforcing such provisions including sanctions for noncompliance: Provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor
may request the State to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
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APPENDIX B
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Fair
Employment Practices Commission as a material term of all public contracts:
EQUAL EMPLOYMENT OPPORTUNITY. 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 may be declared nonresponsible and
therefore ineligible for future contracts or subcontracts with the State of Illinois or any of its
political subLPAs or municipal corporations, and the contract may be canceled or avoided
in whole or in part, and such other sanctions or penalties may be imposed and remedies
invoked as provided by Statute or regulation.
During the performance of this contract (Agreement), the contractor(Consultant) agrees as
follows:
1. That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, or ancestry, physical or
mental handicap unrelated to ability, or an unfavorable discharge from the
military service, and further that it will examine all job classifications to
determine if minority persons or women are underutilized and will take
appropriate affirmative action to rectify any such underutilization.
2. That, if it hires additional employees in order to perform this contract, or any
portion hereof, it will 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 if 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 all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, national origin or ancestry,
physical or mental handicap unrelated to ability, or an unfavorable discharge
from the military service.
4. That it will send to each labor organization or representative of workers with
which it has or is bound by a collective bargaining or other agreement or
understanding, a notice such labor organization or representative of the
contractor's obligations under the Illinois Fair Employment Practices Act and the
Commission's Rules and Regulations for Public Contracts. If any such labor
organization or representative fails or refuses to cooperate with the contractor in
its efforts to comply with such Act and Rules and Regulations, the contractor will
promptly so notify the Illinois Fair Employment Practices Commission and the
contracting agency and will recruit employees from other sources when
necessary to fulfill its obligations thereunder.
5. That it will submit reports as required by the Illinois Fair Employment Practices
Commission's Rules and Regulations for Public Contracts, furnish all relevant
information as may from time to time be requested by the Commission or the
contracting agency, and in all respects comply with the Illinois Fair Employment
Practices Act and the Commission's Rules and Regulations for Public
Contracts.
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6. That it will permit access to all relevant books, records, accounts and work sites
by personnel of the, contracting agency and the Illinois Fair Employment
Practices Commission for purposes of investigation to ascertain compliance with
the Illinois Fair Employment Practices Act and the Commission's Rules and
Regulations for Public Contracts.
7. That it will include verbatim or by reference the provisions of Paragraphs 1
through 7 of this clause in every performance subcontract as defined in Section
2.10(b) of the Commission's Rules and Regulations for Public Contracts so that
such 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 defined in Section 2.10(a) of the Commission's Rules and
Regulations for Public Contracts so that such provisions will be binding upon
every such subcontractor. In the same manner as with other provisions of this
contract, the contractor will be liable for compliance with applicable provisions of
this clause by all it subcontractors; and further it will promptly notify the
contracting agency and the Illinois Fair Employment Practices Commission in
the event any subcontractor fails or refuses to comply therewith. In addition, no
contractor will utilize any subcontractor declared by the Commission to be
nonresponsible and therefore ineligible for contracts or subcontracts with the
state of Illinois or any of its political subLPAs or municipal corporations.
With respect to the two types of subcontracts referred to under paragraph 7 of the Equal
Employment Opportunity Clause above, following is an excerpt of Section 2 of the FEPC's
Rules and Regulations for Public Contracts:
Section 2.10. The term "Subcontract" means any agreement, arrangement or
understanding, written or otherwise, between a contractor and any person (in which the
parties do not stand in the relationship of an employer and an employee):
• for the furnishing of supplies or services or for the use of real or personal
property, including lease arrangements, which, in whole or in part, is utilized in
the performance of any one or more contracts; or
• under which any portion of the contractor's obligation under any one or more
contracts is performed, undertaken or assumed.
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s •
... #XHIBIT A
CERTIFICATE OF APPRAISER
I. hereby
certify:
That on (include all dates) I personally inspected the
property herein appraised and that 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. This appraisal assignment has❑has not❑called for less than what
would otherwise be required by the specific guidelines of the Uniform Standards of Professional Practice(USPAP).
That any decrease or increase in the fair market value of real property prior to the date of valuation caused by
the public improvement for which such property is acquired, or by the likelihood that the property would be
acquired for such improvement, other than that due to physical deterioration within the reasonable control of the
owner,was disregarded in determining the compensation for the property.
That I have not given consideration to, or included in my appraisal, any allowance for relocation assistance
benefits.
That I was not required to report a predetermined value or direction in value that favors the cause of the client
or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a
subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not
base the appraisal report on a requested minimum valuation,of a specific valuation.
That I personally prepared all conclusions and opinions about the real estate that were set forth in the
appraisal report If I relied on significant professional assistance from any individual(s) in the performance of the
appraisal or the preparation of the appraisal report, I have named such individual'(s) and disclosed the specific
tasks performed by them in the reconciliation section of this appraisal report I certify that any individual so named
is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the repori;
therefore,if an unauthorized change is made to the appraisal report I will take no responsibility for it
That 1 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 LPA,the Illinois Department of Highways or officials of the Federal Highway Administration,and I will not do so
until so authorized by said 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
upon my independent appraisal and the exercise of my professional judgment.
Signature
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LPA VillagA nf BLffa1_e Grove
Route EAU 26579Buffalo Grove Rd
County Lake
Project No. at Port Clinton Rom.
Job No.
County
EXHIBIT B
A. An appraisal report on each of the following parcels consisting of hour (4) originals
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 LPA accepting this proposal within a reasonable time and in no event
later than 45 days after being given authorization to proceed.
Mitt•::,K,:,:•.rti,.n}:,; .l {::..:.,•.•.. t;4.•MIM-1,011,
:::iE.?;;�:;�t.,:::x$i;.; ;: h
f XCg:x'h
0001 229-1 $1,000
0002 229-1 $1,000
B. Rate each half day or fraction thereof for time spent in pre-trial conferences3
C. Rate each half day or fraction thereof for time spent in court $ -4nn
LPA 321 (12 of 13)
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By signing this Proposal, the APPRAISER agrees to the provisions as written. Upon
acceptance by the LPA, this Contract shall be governed by Illinois law.
FOR THE APPRAISER:
APPRAISER: "T" Engineering Service Ltd.
Address: 2021 Midwest Road
City: Oak Brook State: I11 inois Zip Code:6 n s 3
By: Date: 7-6-01
Authorized Signature
Fred R. Tadrowski
TIN/FEIN/SSN: 36-2765336 Telephone: 630-495-9750
Forthe Village of Buffalo Grove
LPA
Date: October 1, 2001
LPA Representat ve
William R. Balling, Vill a Manager
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Local Agency C� Section
Buffalo Grove Trar>sportatloft 93-00081-04-CH
Local Agency Agreement Fund Type
for Federal Participation STA
State Contract I Day Labor I Local Contract RR Foree Ataount
X
This Agreement is made and entered into between the above local agency(LA)and the state of Illinois,acting by and through its
Department of Transportation,hereinafter referred to as'STATE". The STATE and LA jointly propose to improve the designated location as
shown below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and
procedures approved and/or required by the United States Federal Highway Administration hereinafter referred to as FHWA.
Location
Local Name Buffalo Grove Road Route FAU 2657 Length 863.085 Meters
Termini At Port Clinton Road/Prairie Road Intersection
Current Jurisdiction
Project Description Existing Str.No. N/A
Right of way acquisition of two parcels for the intersection improvement of Port Clinton Road and Prairie Road.
Division of Cost
Type of Work FHWA % State % LA % Total
Participating Construction { ) ( ) ( )
Non-Participating Construction ( ) ( ) ( )
Preliminary Engineering ( ) ( ) ( )
Construction Engineering ( ) { ) ( )
Right of Way 201,200 { 80.00 ) ( ) 50,300 ( 20.00
251,500
Railroads ( ) ( ) ( )
Utilities ( ) ( ) { )
TOTAL $ 201,200 $ $ 50,300.00 $ 251,500
NOTE: The above costs are approximate and subject to change. The actual costs win be used in the final division of cost for billing and
reimbursement. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain below.
The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost.
Local Agency Appropriation
The LA on May 7, 2001 ,appropriated,by separate resolution,ordinance or road improvement statement,
$251,500.00 to pay the LA's share of the cost and will appropriate ad(ftonal funds,if required to cover the LA's total
cost. LA's share of the cost to be paid with ❑MFT Funds ®Other Funds.
Method of Financing(State Contract Work)
METHOD A—Lump Sum(95%of LA Obligation)
METHOD B— Monthly Payments of
METHOD C—LA's Share divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Construction En ineerin Ri ht-of-Wa
Job Number Project Number Job Number Project Number Job Number Project Number
R-91-021-01 CMM-7003(772)
Page 1
IL 494-0327 SLR 4251 (Rev.2101)
Agreement Provisions
THE LOCAL AGENCY AGREES:
(1) To acquire in its name,or in the name of the state if on the state highway system,all right-of-way necessary for this project in
accordance with the requirements of Titles 11 and tit of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970,and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all
requirements of Titles 11 and III of said Uniform Act have been satisfied. The disposition of encroachments,if any,will be
cooperatively determined by representatives of the L.A.and STATE and the FHWA,if required.
(2) To provide for all utility adjustments,and to regulate the use of the right-of-way of this improvement by utilities,public and
private,in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during
construction of the proposed improvement.
(4) To retain jurisdiction of the completed improvement unless speed otherwise by addendum(addendum should be accompanied
by a location map). If the improvement location is currently under road district jurisdiction,an addendum is required.
(5) To maintain or cause to be maintained,in a manner satisfactory to the STATE and FHWA,the completed improvement,or that
portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S.Department of Transportation.
(7) To maintain,for a minimum of 3 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 department;and the LOCAL AGENCY agrees to cooperate fully with any audit conducted by the Auditor General and the
department;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.
(8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of
the proposed improvement;
(9) To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA;
(10) (STATE Contracts Only) That the method of payment designated on page one will be as follows:
Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LA will pay to the STATE,in lump
sum,an amount equal to 95%of the LA's estimated obligation incurred under this Agreement,and will pay to
the STATE the remainder of the LA's obligation(including any nonparticipating costs)in a lump sum,upon
completion of the project based upon final costs.
Method B- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE,a specified
amount each month for an estimated period of months,or until 95%of the LA's estimated obligation under the
provisions of the Agreement has been paid,and will pay to the STATE the remainder of the LA's obligation
(including any nonparticipating costs)in a lump sum,upon completion of the project based upon final costs.
Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this
improvement,the LA will pay to the STATE,an amount equal to the LA's share of the construction cost divided
by the estimated total cost,multiplied by the actual payment(appropriately adjusted for nonparticipating costs)
made to the contractor until the entire obligation incurred under this Agreement has been paid.
(11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding,equipment,labor,material and
services necessary to construct the complete project.
(12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this
preliminary engineering is undertaken with Federal participation is not started by the dodo of the tenth fiscal year following the
fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this
Agreement.
(13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the
dose of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any
Federal Funds received under the terms of this Agreement.
Local Agency Section
Buffalo Grove M 93-00081-04-CH
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IL 494-0327 WA 4251(Rev.2101)
i •
(14) And certifies to the best of its knowledge and belief its officials:
(a) are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency:
(b) have not within a three-year period preceding this Agreement been convicted of or had a civl�judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a
public(Federal,State or local)transaction or contract under a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false
statements receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,local)with
commission of any of the offenses enumerated in item(b)of this certification;and
(d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal,State,local)
terminated for cause or default.
(15) To include the certifications,listed in item 14 above and all other certifications required by State statutes,in every contract,
including procurement of materials and leases of equipment.
(16) (STATE Contracts) That execution of this agreement constitutes the LOCAL AGENCY's concurrence in the award of the
construction contract to the responsible low bidder as determined by the STATE.
(17) That for agreements exceeding$100,000 in federal funds,execution of this Agreement constitutes the LOCAL AGENCY's
certification that:
(a) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee
of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making
of any cooperative agreement,and the extension,continuation,renewal,amendment or modification of any Federal contract,
grant,loan or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an
employee of a Member of Congress,in connection with this Federal contract,grant,loan or cooperative agreement,the
undersigned shall complete and submit Standard Form-LLL,'Disclosure Form to Report Lobbying',in accordance with its
instructions.
(c) The LOCAL AGENCY shall require that the language of this certification be included in the award documents for all
subawards at all ties(including subcontracts,subgrants and contracts under grants,loans and cooperative agreements)and
that all subrecipients shall certify and disclose accordingly.
(18) To regulate parking and traffic in accordance with the approved project report.
(19) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.
(20) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with current Illinois Compiled Statutes.
THE STATE AGREES:
(1) To provide such guidance,assistance and supervision and to monitor and perform audits to the extent necessary to assure
validity of the LA's certification of compliance with Titles II and III requirements.
(2) (STATE Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the
STATE(and FHWA,if required)and to award a contract for construction of the proposed improvement,after receipt of a
satisfactory bid.
(3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and
to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(4) (LOCAL Contracts) That for agreements with Federal and/or State funds in engineering,right-ofway,utility work and/or
construction work:
(a) To reimburse the LOCAL AGENCY for the Federal and/or State share on the basis of periodic billings,provided said billings
contain sufficient cost information and show evidence of payment by the LOCAL AGENCY.
(b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by
STATE inspectors of steel,cement,aggregate,structural steel and other materials customarily tested by the STATE.
Local Agency Section
Buffalo Grove M 93-00081-04-CH
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IL 494-0327 BL.R 4251(Rev.2/01)