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HomeMy WebLinkAboutRESOLUTION - 30-89 - 5/9/1989 - AGRMTS/ELMHURST RD FAUS PROJECTRESOLUTIONI NO. 30-89 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE PROPOSALS WITH LORENZ AND ASSOCIATES AS APPRAISERS; "T" ENGINEERING SERVICES AS REVIEW APPRAISERS; AND ALLEN CONSULTANTS SERVICES AS NEGOTIATORS FOR COSTS ASSOCIATED WITH LAND ACQUISITION FOR ELMHURST ROAD FAUS PROJECT NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1: That the Village President be and is hereby authorized to execute the following proposals: 1. Lorenz and Associates as appraisers at a cost not to exceed $2,000.00. 2. "T" Engineering Services as review appraisers at a cost not to exceed $1,200.00 3. Allen Consultant Services as negotiators at a cost not to exceed $2,500.00. copies which are attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 9th day of May , 1989. APPROVED this 9th ATTEST: Patricia S. Smith Village Clerk day of May , 1989. Charles S. Zettek Vi age President Route Elmhurst Road FADS Improvement Village of Elk Grove Village County of Cods. Proposal far Ammi.81 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 "Appraiser", for the furnishing to the Village of Elk Bove Village, whose address is 901 Wellington Avenue, Elk Grove Village, Illinois 60007-3499, hereinafter referred to as "Village", certain appraisal services described on 13ddbit A, attached hereto and made a part hereof for the project and rates set forth on said Wdbit. 2. Appraisal reports called for on said Rddbit A will be prepared independently of any other appraiser employed under a similar proposal to furnish appraisal services on said project and per- sonally by the following named individuals whose qualifications are being submitted for review by Village: Francis S. Lorenz, Jr. and Ronald R. Mills 3. Village will furnish to Appraiser prescribed appraisal report forms though the Illinois Department of Transportation, the parcel plats, legal descriptions, ostensible owner, and a state- ment of items generally noncampansable under the law of T11imis. 4. Appraiser acknowledges for himself and the 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 individuals designated in Item 2 as preparing the appraisal reportswill 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 rela- tion to the appraisal services called for herein and it is agreed that such appearance or appear- ances shall be made upon request of Village or its trial counsel. 6. Appraiser will not furnish a copy of any appraisal or reveal the findings or results contain- ed therein to any other person or agency unless authorized by Village 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 reminder before and after the taking, the damage to the re- mainder, the coition for easements and the total compensation. The appraisal reports 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 American Institute of Real Estate Appraisers and the Society of Real Es- tate Appraisers. 8. Village reserves the right to employ a specialist or specialists to prepare a separate valua- tion of machinery or other specialty iters for use in preparation of the appraisal reports by Appraiser. Such valuation or other data shall be the property of the Village 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, to 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 testimony will show the item listed above and, in addition, will inclride a statement of the nature of services performed and amant of time thereon. 10. Appraiser warrants that he has not employed or retained any company or person, other than a boa 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 this contract. For breach or violation of this war- ranty, Village shall have the right to annul this contract without liability. 11. Appraiser hereby certifies for himself and the individuals 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 Engineer for Village accepting this pro- posal and return all materials furnished to :him for re -assignment to others. 12. 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 conclu- sive. 13. Changes in the work to be performed oder this proposal maybe made at any time in writing by Village. If such changes justify an increase or decrease in the charges set forth on Exhibit A hereof, 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. Village 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 correction 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 & ineer, then no payment will be made or demanded by Appraiser for any appraisal re- ports which have not been completed and del:'.vered to Village prior to the date of said termina- tion. In no event shall this be construed that Appraiser cannot retain a copy of the data and appraisals for his files. 15. Appraiser will save harmless Village fn:am all claims and liability due to activities of him- self, his agents or employees and will comply with all Federal, State and local laws and ordinan- ces. 16. Appraiser agrees that this contract or any part thereof will not be sublet or transferred without the written consent of the Village accepting this proposal. 17. In the event this proposal is accepted, it shall constitute a contract as of the date it is accepted by the Village and shall be binding on Appraiser, his executors, administrators, succes- sors or assigns, as may be applicable. 18. It is understood and agreed that Appendices A and B shall be a part of this contract and Ap- praiser agrees to be bound by the terms and provisions contained therein; all references in Ex- hibit B to the State of Illinois and its Department of Transportation shall also include the Vil- lage of Elk Grove. 19. Appraiser is hereby notified that Village, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 752) 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 discrindn- ation on the ground of race, color or national origin. Submitted this 5th Day of January, 1989. Attest: Secretary Corporate Seal Accepted this 9th day of May ,1989 Lorenz and Associates, Ltd. an Illinois corporation By: President By: Alan J. Boffice Village Engineer Village of Elk Grove E ddibdt A Route Elmhurst Road FADS Lnprovenant Village of Ells Grove Village County of cook (a) An appraisal report on each of the four parcels consisting of an original and three copies prepared on the standard Appraisal Report Form (BEG 742), Valuation Report Form (BR 229), as iden- tified below, or in such forms as may be approved. Capleted appraisal reports will be delivered to the Village Engineer of Village accepting this proposal within twenty working days after re- ceipt of the plats and authorization to proceed. Parcel Report Form No. Fee OB -35-203-016 (SWC Estes) 229-2 $500.00 08-35-203-019 (NGC Greenleaf) 229-2 500.00 08-35-202-045 (SGC Greenleaf) 229-2 500.00 08-36-102-041 (SE)C Greenleaf) 229-2 500.00 Note: The above rates apply only if Appraiser is awarded the entire four parcels; if fewer than four parcels are awarded to the Appraiser, than the fee for each awarded parcel shall be increase by 107. (b) Rate each half-day for time spent in pre-trial conferences: $300.00 per half-day (c) Rate each half-day for time spent in court: $300.00 per half-day [ID(7r MW 321 (Rev. 6/83) adapted to present circunstances.] 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 of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractors 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 as 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: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of Paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by 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 ,Ath 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. BRW 1267-1 (Rev. 5-78) APPENDIX 8 enc practices Commis- ITY CLAUSE required by the Illinois Fair EfnPloym MENT OPPORTont provision of this EQUAL E KPLOY. of all Public contracts: to Wren[ Practices sion as a material term est practices Act or thrFair EmD Y responsible and pppRTUNfIY• In the event of the contractor t noncompliance ano"' EQUAL EMPLOYMIEN rtOPP Clause, the Inithe ve Ems the contractor may of its politin, subdivisions or Equal Employmele or in pa Ru'�pP° with the State of Illinois or any and such other sanctions or and Regulations o° s b ontractts sracss, in w Commissions . or be cancelled or avoiStatute o °regulation- therefore melt orations( andthe contract may rovided by as follows: municiPat corp 0I and remedies invoked as P the contractor (Consultant) agrees penalties may be imp eement), to ent beca of race. cvlor, the performance of this conimct (gal employee or applicant for emP Yrrt purin8 discriminate against any h teal or mental handicap unrelated as ability, or an un avora- (1) That it will not dtscri n or ancestry, P ro na[e affirmative action to rectify any religion, sex, national ongi• service• and, usher that it will examine all Job matt classifications to determine from the military will take app P bit discharge rsons or women are underutilized and will deter, if minonly Pers this contract, or any portion hereof, t such underutiltzatfon• to ees t order to ped°ic under- with the Commission s Rules and RKrutitiaad ,fit°wPl hire orteach 7°b (2) That, if it hires additional y which it may reasonably mine the availability (in accordance are hired in such a way that minorities and women are no• minorities and women in the ares(s) it nor on its behalf, it will state that all dassiftcation for which employ laced by on, sex, utilized- wall ci afforded equal opP°rtunity without dig nretlatted t ability o n unfavorrable discharge q) That , in all solicitations or adv.1 Opportun foal handicap r employees p. applicants . nor ancestry, Physical of me° or is bound by national origiservice- with which it has or from the military anon or representative °a workers such labor organization (q) That it will send to each labor °L1nent or understanding, vis Fair Employment Practices Act and the a collective bargairiin8 or other agr such labor organ zation or blit Contracts if any to comply nth such Act and representative of the CO and Regulattions s Pti a contractor SO �eeffnois Fair Employment Practices Commission s Rules an roto with the the contractor will Promptlyemployeesthe from other sources when necessary representative folk io refuses to Coope will recruit Rules and Re enc and sion's Ruies Commission and the contracting agency nt Practices Commis time be tions thereunder' trio Ilypois Fair Employme a from time to to fail its obliga arts � roquised by anon as m y 1 a illi the Illinois Fair That it will submit repbuc Contracts f fish all relevant information comp Y (5) tion for Pu and a all P and Regula ns Commission or the contractinf agency, lations for Pnbhc contracts- for enonnel of the requested by d the Commission s Rubs ds accounts and work sites by P Employment Practices Act anCommission for purposes of nvesti-Rules (6) That it will permrt access to all relevant books- oen, practices Comm envy and the Illinois pair Emp YEmFIOYment Practices Act and the Commission's Rules Contracting nrO7nPce vnth the IIiinots Fou l through 7 of his clause in rovision of Paragraph yon s Rules and Regulation and Regulations for Public Contracts reference the p d that it That it will include verbatim or by 1 b of the u h subcontract[ as defined in () that such provisions will be binding upO° every suppiY subcanuac rovision every performance subcontract as defined n Section 5; and 7 in ever/ for Public Contracts so r°Y1alOn$ of paragraphs 1 •,ulations for public Conuacts so that such p will also so include the P ssfon s Rules and Re, is as with other Provisions of this livable provision of lits clause by 311 its Section 2.1(l(a) of the very ch subcontractor. In trio $aztte mann nes este Illinois Fair will be binding 'P" every contracting agency l therewith- contract, the contractor will be liable for compilotfyeaPP subcontractors: and further it will pthe e Y y subcontractor fails t tell t �ommusion to be Employment Practices Commission n the event 3n In addition, no contractor will unlize any subcontractor declared by therefore neligible for Contracts or subcontracts with the State of til{np1 noniesponsible and al Corporations. i Emplovment Opportunity is political subdivisions or municip ata ach 7 of the Equa C's Rules and Regulations for Public Cuntract�ttten or two ryPC$ of SUbCO of Section 2 f trio FF�:is ref�rfrcd to der p °1 ' arrangernent or understanding, of n With respect to the excerp s any Clause above, following a an "Subcontract" mean m wh ch agreement eparties do not stand in the relationship e term d anY Person ( lease Section w1f)• Th erson21 property, tricluding otherwise, between a contractor an Malor employer and Sri employ ne or more contracts; Or If supplies or services or Co,For the of any (a) for the which, a' whole o: to part, is utilized m the P one or more convects is p arrangements, which, (b) under which any portion of the contractor s obligation under an undertaken or assumed, BRW1267.2 (Rev. 5-781 Routg hnrct Rnart from Devon Sectlo,. Avp to Retps Ave. County Project No. Job No. ELK GROVE VILLAGE Proposal for Appraisal Services 1. Proposal of "T" Engineering Service Ltd. whose address is 2021 Midwest Road, Oakroo inois bub2l hereinafter referred to as ppraiser or the urnis inq tot e ELK GROVE VILLAGE 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 description's, ostensible owner and a statement of items generally noncompensable under the law of Illinois. 4. Appraiser acknowledges for himself and the individual or individuals designated in Item 2 above that tie or 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 preparation of the appraisal reports by Appraiser. Such valuation or other data shall be the property of the Division and may be made available BRW 321 (Rev. 6-83) (1 of 5) 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 quintuplicate, 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 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 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 himself and the individual or individuals 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 District Engineer for Division accepting this proposal and return all material furnished to him 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 Division. 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 himself, his agents or employees and will comply with all Federal, State and local laws and ordinances. (2 of 5) 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, his 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. 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. 19. Appraiser certifies that he has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, nor has the appraiser 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. Submitted this ATTEST: 21st day of December 1 19 88 -77 secretary Carol M. Tadrowski Corporate Seal (If Appraiser is a corporation) Corporate Name"T" Engineering Service LTd. State Incorporated T, I i m,j= By PresidLnt� Fred R. Tadrowski (If Appraiser is a co -partnership) Partners doing business under the firm name of Accepted this day of (If Appraiser is an individual) 1-9 whose address is (3 of 5) (SEAL) (SEAL) Route Elmhurst Road from Devon Ave. Section to Estes Ave. County Cook Project No. Job No. EXHIBIT A (a) an appraisal report on each of the following parcels consisting of an original and 3 copies prepared on the standard Appraisal Report Form ( BRW 74 a nation Report Form ( BRW 229) , or in such form as may be approved. Completed appraisal reports will be delivered to the District Engineer of Division accepting this proposal within a reasonable time and in no event more than 20 days after the date of such acceptance. Parcel Appraisal Report No. Rate Form No. Reviewing Rate 1 Northwest corner of Elmhurst Road & Greenleaf Avenue $ 800 229-1 $ 375 2 Southwest corner of Elmhurst Road & Greenleaf Avenue 600 229-1 275 3 Southeast corner of Elmhurst Road & Greenleaf Avenue 600 229-1 275 4 Southwest corner of Elmhurst Road & Estes Avenue 600 229-1 275 (b) rate each half day or fraction thereof for time _ spent in pre-trial conferences $ 200 (c) rate each half day or fraction thereof for time spent in court $ 200 BRW 321 (Rev. 6-83) (4 of 5) Proposal for Negotiation Services 1. Proposal of Allen Consultant Services whose address is 960 Rand Road Suite 113B Des hereinafter referred to as the Negotiator for t Village of Elk Grove Villaae hereinafter referred to as the .Agency, certain negotiation services for the acquisition of right of way for the future construction of Ill. 83 (Elmhurst Road) 2. Said Negotiation Services shall be furnished by the Negotiator on 4 Parcels at the rate of $625.00 per parcel (*) in accordance with the Negotiation Section 3.00 and Acquisition Sec- tion 4.00 of the Land Acquisition Policies and Procedures Manual, Ex- hibits and Visual Guide of the Department of Transportation. The above per parcel fee shall include all transportation, food, lodging, telephone or any other operating expenses incurred by the Negotiator in the performance of said services as herein set forth, excepting for those services set forth in Paragraph 9. 3. The Agency will furnish the Negotiator parcel plats, legal des- criptions, title reports or evidence of ostensible ownership. It is understood and agreed that the .Agency shall be considered to be the sole owner of all plats, legal descriptions, ownership and occupancy records, forms of deeds and easements, title reports, and any and all other material furnished, prepared or obtained by the Negotiator dur- ing the course providing his services for each parcel and shall be maintained in a separate Parcel file for each parcel assigned. Upon termination of this contract for any cause or upon completion of the G acquisition of each parcel or upon request of the Agency when acqui- sition is determined to be by Eminent Domain proceedings, the Nego- tiator parcel file shall be returned to the Agency. The Negotiator's parcel files shall be available for inspection or review of its con- tents by the Agency or Federal Highway Administration personnel at any time. 4. In addition to furnishing the items set forth in Paragraph 3 above the Agency shall also provide the Negitiator a copy of an approved ap- praisal of each parcel together with Appraisal Reviewer's Certification. 5. Where the acquisition of a parcel involves the displacement of an owner or tenant occupant from a residence or any personal property thereof, the Negotiator shall notify the Agency 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 and payments to each displace owner -occupant simultaneously with initiation of negotiations and to each displaced tenant -occupant within seven (7) days following initiation of negotiations for the parcel. 6. The Negotiator shall make every resonable effort to negotiate set- tlements for the acquisition of each parcel based on the approved ap- praisal amount or an amount approved by the Agency. 7. Pursuant to Paragraph 3.05-9 of the Negotiations Chapter of the Land Acquisition Policies and Procedures Manual no offers in excess of the approved appraisal amount shall be made by the Negotiator without prior written approval of the Agency. S. In the event the Negotiator, after having made every reasonable ef- fort to negotiate with the owner of a parcel, is unable to obtain a settlement on the approved appraisal amount, the Negotiator shall pre- pare and submit a written report summarizing the progress of negotia- tions to date together with a copy of the Negotiator's Record Form com- pleted to date with the names and addresses of all interested parties. The Negotiator's written report shall also include his recommendation for further procedure towards acquiring the parcel. The Agency may elect to prepare and forward a :?inal Offer Letter (with copy to the Ne- gotiator) to the owner of the parcel and thereafter proceed with prep- eration of condemnation procedures. In any case, said Agency reserves the right to require the Negotiator to make additional negotiation con- tracts with the parcel owner up until the actual date of filling a peti- tion to condemn the parcel. -3- 9. It is understood that apperances in court and pretrial conferences may be required in relation to the negotiation services called for herein and it is agreed that such appearance or appearances shall be made upon request of the Agency 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 pre- trial conferences $125.00 (b) Rate each half day or fraction thereof for time spent in court $125.00 10. The Negotiator will not furnish a copy of any appraisal or the findings or results contained therein to any other person or agency unless authorized by the Agency or upon court order. 11. Invoices for negotiation services will be submitted for payment through the Agency 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 perfor- med and amount of time thereon. 12. The 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 war- rant, the Agency shall have the right to annul this contract without liability. 13. The Negotiator hereby certifies that if any conflict of interests arises, in any of the parcels subsequently assigned to him, he will immediately inform the Agency accepting this proposal and return all material furnished to him for reassignment to others. 14. Any dispute concerning a question of fact arising under this proposal -4 - shall be decided by the Agency accepting this proposal and such de- cision shall be final and conclusive. 15. Changes in the work to be performed under this proposal may be made at any time by the Agency. If such changes justify an increase or decrease in the per parcel rate set forth herein, an equitable ad- justment shall be made and this contract shall be modified accordingly. Documentation which is considered inadequate will be augmented and errors will be corrected upon request without additional cost. 16. The Agency may terminate this proposal at any time and for any cause by a notice in writing to the Negotiator. In the event of such termination, payment will be made to the Negotiator for the services which have been completed. Parcel negotiations in the process of com- pletion shall be compensated for on an equitable basis and all incom- plete parcel data collected in connection with them shall be turned over and become property of the Agency; provided, however, that should this proposal be terminated solely because the progress or quality of work is unsatisfactory as determined by the agency accepting this pro- posal, then no payment will be made or demanded by the Negotiator for any negotiation services which have not been completed and delivered to the Agency prior to the date of said termination. 17. The Negotiator will save harmless the Agency from all claims and liability due to activities of himself, his agents, and his employees and will comply with all Federal., State and local laws and ordinances. 18. The Negotiator agrees that this contract or any part thereof will not be sublet or transferred without the written consent of the Agency accepting this proposal. 19. In the event this proposal is accepted, it shall constitute a con- tract as of the date it is approved by the Agency and shall be binding on the Negotiator, his executors, administrators, successors or assigns, as may be applicable. 20. It is understood and agreed that Appendices A and B shall be a part of this contract and the Negotiator agrees to be bound by the terms and provisions contained therein. -cI- 21. This contact shall be considered null and void if signed by the Agency and negotiations on the project are not started within six (6) months of the date of acceptance of this contract by the Agency. Submitted this 23rd day of December 1 1988 (Seal) Accepted this day of _ , 19 Agency Attest: (*) "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 con- sidered as part of the highway right of way, all of which are under the same ownership involving a complete contiguous parcel.