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HomeMy WebLinkAbout6. NEW BUSINESS 02/19/2008 MEMORANDUM 1 Mount Prospect J ~r "BI:.. \.A-n., l)I~IO' Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 15, 2008 SUBJECT: PZ-05-08 - V ARIA nON (SECOND DRIVEWAY) 1750 AZALEA PLACE JOAN AND LARRY SCHRAMBECK - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-05-08, a Variation for a second driveway, as described in the attached staff report. The Planning & Zoning Commission heard the request at the January 24, 2008 meeting. The Subject Property is located on the west side of Basswood Lane, between Euclid Avenue and Azalea Place, and contains a single family residence with related improvements. The Petitioner currently parks a recreational vehicle on a gravel pad, located in the backyard along Basswood Lane. A gravel pad is not an approved surface and not allowed per the Village Code. Therefore, the Petitioner proposes to install a second driveway to park the vehicle on in order to comply with Village regulations. Variation approval is required for the second driveway on Basswood Lane as the Village Code allows only one driveway per lot. The Planning & Zoning Commission discussed the Petitioner's request and commented on the fact that the pad is located behind a fence and not visible from the street. They reviewed whether the pad could be considered a legal nonconforming structure because it had been in place for several years; staff explained that had already been researched and found the request did not qualify for legal nonconforming status. The Commission discussed why the second driveway was needed and its impact. Several neighbors addressed the Commissioner and spoke in favor of the Petitioner's request. One neighbor, who was in support of the request, expressed concerns of cars entering the subdivision and using the proposed apron as a turn around to avoid freight train traffic. The Commissioners discussed several design options and concluded that constructing the apron of semi-pervious pavers, if allowed by Village Code, would address the neighbors concern and be easy to remove prior to the Petitioners selling their house. They noted that the property had frontage on three streets, which was a unique feature, and that the request would have minimal impact on the character of the neighborhood. The Planning & Zoning Commission voted 4-0 to recommend that the Village Board approve a Variation allowing a second driveway to be installed off of Basswood Lane as shown on the Petitioner's exhibit date stamped January 17,2008, for the property at 1750 Azalea Place, subject to the following conditions: 1. Prior to the sale of the home, the right-of-way improvements (apron) shall be removed; and 2. The Petitioner is encouraged to use a semi-pervious paver for the right-of-way improvement. Please forward this memorandum and attachments to the Village Board for their review and consideration at their February 19, 2008 meeting. Staff will be present to answer any questions related to this matter. W(J, r~"ll . William J. coo~P H:\PLAN\Planning & Zoning COMM\P&Z 2008\MEJ Memo\PZ-05-08 ME} MEMO (1750 Azalea PI V AR 2nd driveway).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-05-08 Hearing Date: January 24, 2008 PROPERTY ADDRESS: 1750 Azalea Place PETITIONERS: Larry and Joan Schrambeck PUBLICATION DATE: January 9, 2008 PIN NUMBER: 03-25-303-027 -0000 REQUEST: Variation - second driveway MEMBERS PRESENT: Richard Rogers, Chair Joseph Donnelly Marlys Haaland Ronald Roberts MEMBERS ABSENT: Leo Floros Keith Youngquist STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Andrew Skic, Building Inspector Ryan Kast, Administrative Assistant INTERESTED PARTIES: Larry Schrambeck, Joan Schrambeck, Garry Schrambeck, David Gates, Sheila Gates, Bob Guthrie, Chris Guthrie, Rosemarie Kern, Ted Kern, Phil Leong, Chris McLaughin, Marcy Mueller, Ron Mueller, Steve Vels, Frederick Brill Chairman Richard Rogers called the meeting to order at 7:30 p.m. Marlys Haaland made a motion to approve the minutes of the October 25, 2007 meeting and Ronald Roberts seconded the motion. The minutes were approved 3-0 with Chairman Rogers abstaining. Joseph Donnelly made a motion to continue Case Number PZ-38-07 to the February 28, 2008 Planning and Zoning Commission meeting. Mr. Roberts seconded the motion. The motion was approved 4-0. After hearing four previous cases, Chairman Rogers introduced Case PZ-05-08, a request for a Variation for a second driveway at 1750 Azalea Place, at 9:32 p.m. Judith Connolly, Senior Planner, stated that the Subject Property is located on the west side of Basswood Lane, between Euclid A venue and Azalea Place, and contains a single family residence with related improvements. The Subject Property is zoned RI Single Family and is bordered by the R1 District on all sides. The Subject Property was developed under Cook County jurisdiction and annexed into Mount Prospect in the early 1970s. Ms. Connolly said the Petitioner currently parks a recreational vehicle on a gravel pad, located in the backyard along Basswood Lane. Sec. 14.2209 of the Village Code allows recreational vehicles to be parked in a residential district but only if the vehicle is parked on an approved driveway or parking pad; gravel is not an approved surface and not permitted. Staff learned of the gravel pad during a Systematic Inspection and contacted the Petitioner about removing the gravel pad. The Petitioner proposes to install a second driveway to park the vehicle on in order to comply with Village regulations. However, Sec. 14.2215 of the Village Code allows only one Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-05-08 Page 2 driveway per lot. As the Petitioner already has a driveway in the front of the house on Azalea Place, Variation approval is required for the second driveway on Basswood Lane. Ms. Connolly showed a table that compared the Petitioner's proposal to the Rl single family residence district's bulk requirements. It showed that the subject property complies with the Village's Zoning Regulations, with the exception of the gravel pad. Ms. Connolly stated that Staff reviewed old aerial photos and could not determine when the gravel was installed. In conversations with the Petitioner, Staff learned the gravel was laid around 1976. Also, the Village does not have a record of construction for a gravel pad. Since the gravel pad was installed without the benefit of a permit and it was constructed after the property was annexed into Mount Prospect, it is not considered a legal non-conformity and is not allowed to remain. Ms. Connolly said that the standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. Ms. Connolly summarized these findings: . A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; . Lack of desire to increase financial gain; and . Protection of the public welfare, other property, and neighborhood character. Ms. Connolly stated that the Petitioner proposes to install a curb cut and driveway on Basswood Lane and construct a driveway in lieu of the existing gravel pad. The recreational vehicle would be parked on an approved surface, which would comply with Village Codes. Prior to applying for the Variation, the Petitioner researched alternatives such as parking the vehicle in front of the house on the existing driveway. They found that the vehicle may extend over the sidewalk, and that the vehicle would be highly visible in this location. They researched selling the vehicle, but found that option to be financially prohibitive. They also contacted storage facilities to determine whether it was feasible to park the vehicle off-site. They found the cost to be somewhat significant, but another consideration was the inadequate level of security the facilities provide. Based on this, the Petitioner opted to apply for the Variation for the second driveway. Ms. Connolly said the Petitioner's application included a petition signed by several neighbors and an email from a neighbor, both supporting the Petitioner's request, and the email noting how minimal of an impact the driveway would have on the neighborhood. However, Staff found that the request for a second driveway was not based on a hardship as defined by the Zoning Ordinance, but would serve as a convenience to the Petitioner. Staff appreciates the Petitioner's desire to store the vehicle on-site, which is permitted by Village Code, but in order to do so, a second driveway is needed, requiring relief from the Village's Zoning Ordinance. The Petitioner has taken considerable steps to screen the vehicle in this location and would modify the surface it is parked on, but the lot is typical of most lots in the Village, and the request would not be unique to the Subject Property. Ms. Connolly stated based on this analysis, the Variation request for a second driveway fails to meet the standards for a Variation as listed in the Village's Zoning Ordinance. Therefore, Staff recommends the Planning & Zoning Commission deny the following motion: "To approve a Variation allowing a second driveway be installed off of Basswood Lane as shown on the Petitioner's exhibit date stamped January 17,2008, for the property at 1750 Azalea Place." Ms. Connolly said the Village Board's decision is final for this case. Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-05-08 Page 3 Joseph Donnelly asked if a circular driveway was considered with a drive to the backyard so the RV could be parked on the side of the house while being fenced in. Ms. Connolly stated that the Petitioner wanted to screen the vehicle as much as possible and that is why they wanted to keep it in the current location. The Petitioner did consider selling the current vehicle and purchasing a smaller RV to park on the driveway, but there was concern that the neighbors would see it as an eyesore. Chairman Rogers said he would be concerned if the RV was parked on the side of the house as the entire vehicle as opposed to only seeing the front. Further discussion continued whether or not the entire side of the RV could be seen from Euclid. Chairman Rogers swore in Garry Schrambeck, 2205 Oak Leaf Lane, Lake Villa, IL. Mr. Schrambeck was speaking on behalf of his parents', the Petitioners. Mr. Schrambeck stated that they are asking for a Variation to install a second driveway with access from Basswood Lane into the backyard of the residence. Currently, there is a gravel pad that is neat and free of weeds. The Petitioners have parked RV vehicles since 1975 and have never received one complaint from neighbors or Village employees. The location of the residence is within a few blocks of the Village Manager and several trustees who have never filed complaints. Mr. Schrambeck said in the summer of 2007, they were informed that his parents were in violation of Code 14.2209 that took effect in 1993. They called for an inspector and met with Robert Roels. According to Mr. Schrambeck, Mr. Roels stated that the backyard was kept nice and neat and believed there would be no reason why the gravel pad would not be grandfathered in since it has been there since 1975. He said Mr. Roels would provide a follow-up after speaking with his boss. He stated Mr. Roels would ask for this RV be grandfathered for the next 10-15 years and the next homeowner would not be granted use. Mr. Schrambeck said no response ever came from the Village. He stated that the Petitioners are not refusing to put in a second driveway to conform to Village Code. They are willing to pay for this major out-of-pocket expense. Mr. Schrambeck said a second driveway would require a second depression, but only one depression is allowed per Village Code. He has spotted several homes in the neighborhood that contain a second depression (circular driveway). He said the Petitioners' RV should not be an issue due to all the depressions. He continued by stating that the RV is on the road most of the year. Over the past 36 years, the Petitioners have never been in violation of any Village Codes and they're not ready to start now. Mr. Schrambeck continued by stating the Petitioners should be grandfathered in and be granted approval installing a second driveway. Parking the RV in the front of the home would be an eyesore and it would also block the viewing of a bus stop for neighbors. He said that they have letters and a petition from 25 neighbors stating that the RV should be left where it is at. The Petitioners have explored the options of storing the RV off site, but the cost, security, and loading/unloading process would take its toll on the Petitioners. Mr. Schrambeck said that several Village inspectors have been to the house over the years regarding the fence and shed, but nothing has been said about the RV. He said the Petitioners have not kept the RV a secret from the Village as a vehicle sticker has been purchased over the past 32 years. Mr. Schrambeck concluded by stating that this would be a travesty if the Petitioners lost this RV at this point in their life. Chairman Rogers asked that if the Petitioners were willing to make a permanent parking pad that contained concrete or asphalt and would run it to the street if allowed. Mr. Schram beck agreed. Chairman Rogers said he saw the property with the gate. He stated that the RV could be seen, but it is not intrusive. He said something needs to be unique in order for a hardship. Chairman Rogers said the property is unique being bordered by three streets: Euclid, Basswood, and Azalea. Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-05-08 Page 4 Chairman Rogers swore in Ronald Mueller, 1780 Azalea Place, Mount Prospect, IL. Mr. Mueller said he has resided at this address for 36 years and stated that the RV is concealed. He stated that the second driveway is not a bad idea, but it would lower the value of the home. He said the gravel pad has been maintained by the Petitioners and cannot be seen from the street. He concluded by stating the property and the motor home are both well maintained by the Petitioners. Chairman Rogers swore in Robert Guthrie, 1784 Azalea Place, Mount Prospect, IL. Mr. Guthrie has resided at this address for 16.5 years. He said the RV is not an eyesore and he has never had a problem. He does not understand why a second driveway cannot be installed. Chairman Rogers swore in Frederick Brill, 1762 Azalea Place, Mount Prospect, IL. Mr. Brill stated that he wrote a letter to the Commission. He stated that the Petitioners have been able to drive over the parkway all these years without damaging it. He said the Petitioners maintain the parkway. He does not see gravel and mentioned that there use to be trees along Basswood Lane that would hide the RV even more. These trees were diseased and eventually removed by the Village. He hopes that the Petitioners could be grandfathered in with a cement or asphalt pad without a driveway to the street and cutting of the curb. Mr. Brill concluded by stating that if a second driveway was installed, this would create a loss of parking on Basswood and would detract the beauty of an unbroken parkway. Chairman Rogers said that a driveway would be required. He said that they can't allow the Petitioners to continue driving over the grass and the curb. He realizes that the Petitioners have done a great job maintaining the parkway without any damage. Chairman Rogers swore in Chris McLaughin, 1756 Azalea Place, Mount Prospect, IL. She said she hopes this case could be grandfathered in. She is concerned with the safety if a second driveway is built. She stated that cars would use the driveway apron as a quick turnaround. Ms. McLaughin also mentioned that if the RV was on the front driveway, it would block her view of the bus stop for her children. Chairman Rogers asked if there were any provisions to take action on grandfathering the existing conditions. Ms. Connolly said no because of the way the case was published and the actual request. She said the request came in for a second driveway, not to grandfather in the gravel pad. Ms. Connolly stated that she has reviewed this case with the Petitioners. The Village Code gradually evolved over time from requiring a parking pad to be a dustless hard surface, no gravel and no clay, to where it arrived to today requiring concrete, pavers, or asphalt. Ms. Connolly said she discussed gravel pads with Public Works and they stated that gravel has been a problem over the years in the storm sewers. She appreciates the Petitioners being diligent in maintaining the parkway, but the Village cannot allow one person to be the exception, as ruts in the parkway are a significant property maintenance Issue. Mr. Donnelly asked what year the property was annexed into the Village. Ms. Connolly confirmed the year was 1971 and she was told that the pad was installed in 1976. She said Staff could not grandfather this in because the pad did not exist when the property was annexed. Discussion continued amongst the Commission and Staff regarding the grandfathering option. Mr. Donnelly asked if there could be a Conditional Use on disabilities. Ms. Connolly replied that a condition of approval could be placed on a Variation. Mr. Donnelly said he would like to leave the property the way it is; Ronald Roberts agreed with Mr. Donnelly. Mr. Roberts stated that the Schram becks sound like wonderful people and neighbors. He continued by stating that a driveway would be there forever and a hardship would decrease the property value. He would like to find a way for the Petitioners not to install a second driveway. The way the case is written is to approve a second driveway, Mr. Rogers said he would vote to approve this. Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-05-08 Page 5 Mr. Donnelly asked if they can hold off voting tonight and have the Petitioners come back with a new proposal. He wanted to know if republishing was an option. Ms. Connolly said the Petitioners could withdraw this case and submit another application. Mr. Roberts suggested that the Commission vote on the second driveway and the Petitioners could always change their plan within a certain limit of time. Ms. Connolly confirmed that the Variation is good for one year. Mr. Donnelly asked what recourse the Petitioners would have if the Commission voted on the second driveway. Ms. Connolly said that she could talk to the Village attorney about grandfathering, but as she understood the issue, there was no basis to grandfather the parking pad in as it was not there when the property was annexed. Chairman Rogers said he cannot support allowing the Petitioners to drive over the parkway, it has to be an approved surface. Mr. Roberts stated that the Commission is approving one option for the Petitioners, a second driveway. He stated that the Petitioners could seek other options. Mr. Roberts continued by mentioning that the Planning and Zoning Commission does not have the authority to say whether or not the Petitioners can drive over the parkway. He said the case being presented is for a second driveway, whether they implement this option is up to the Petitioners or the Village Board to decided. Mr. Donnelly asked if the driveway could only be where the tires are, so the driveway would not have to be the whole width. Ms. Connolly stated that the Village Code allows paving strips. There was general discussion regarding if paving strips were present, there would be less likelihood for cars to use as a turnaround. Mr. Schrambeck wanted clarification that the Petitioners could just do strips for the tires rather than do a complete apron. Further discussion involved grandfathering in the RV and the 1993 Zoning Code. Ms. Connolly stated that the 1993 Zoning Code was updated to create provisions for RVs to be parked in a residential neighborhood. Mr. Donnelly followed up this point by stating before 1993, the Village Code did not have provisions for parking RVs in residential neighborhoods. The Petitioner, Larry Schrambeck, stated that he put in a gravel pad without a permit because he thought it was not a permanent structure as it could be removed at anytime. This was the ruling in Niles, where Mr. Schrambeck worked, and he thought he did not need a permit in Mount Prospect. Gary Schrambeck said if the second driveway is approved this evening on an approved surface, it would include the strips. Ms. Connolly stated that the parallel paved strips are an approved alternative by code. However, the curb cut/depression would still be required. Further discussion involved whether or not the strips could go into the backyard. Also, it was stated that the gravel pad would still have to be removed. Ms. Connolly confirmed that they are not reviewing the materials, as those requirements are defined in Chapters 15 and 16 in the Development Code, the case presented tonight is just for the second driveway. The Petitioners could go back and revisit the paving materials after Village Board approved the second driveway. Mr. Donnelly suggested if the Petitioners create a paved surface in the backyard to market this as a patio. If strips were placed, they would have to be removed upon the sale of the home. Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-05-08 Page 6 Chairman Rogers asked Ms. Connolly if the Code allows paving bricks that allows the grass to grow through as an approved material. Ms. Connolly said she would have to check with Engineering as brick pavers are allowed in the right-of-way. Chairman Rogers called for additional questions or comments; hearing none, the public hearing was closed at 10:07 p.m. Mr. Donnelly made a motion that the Commission approve the second driveway with the condition that the driveway apron be removed upon sale of the property; Marlys Haaland seconded the motion. UPON ROLL CALL: AYES: Donnelly, Haaland, Roberts, Rogers NAYS: None Joseph Donnelly made a motion to adjourn at 10:08 p.m., seconded by Ronald Roberts. The motion was approved by a voice vote and the meeting was adjourned. .4~ Ryan Kast, Community Development Administrative Assistant H:\PLAN\Planning & Zoning COMM\P&Z 2008\Minutes\PZ-05-08 1750 Azalea Place (Var.2nd Driveway).doc , CASE SUMMARY - PZ-05-08 Village of Mount Prospect Community Development Department LOCATION: 1750 Azalea Place PETITIONER: Larry and Joan Schrambeck PROPERTY OWNERS: Larry and Joan Schrambeck PARCEL #: 03-25-303-027 -0000 LOT SIZE: 0.28 acres (12,410 sq. ft.) ZONING: R1 Single Family LAND USE: Single Family Residence REQUEST: Variation - second driveway LOCATION MAP MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JANUARY 17,2008 HEARING DATE: JANUARY 24, 2008 SUBJECT: PZ-05-08 - V ARIA nON (SECOND DRIVEWAY) 1750 AZALEA PLACE (SCHRAMBECK RESIDENCE) BACKGROUND A public hearing has been scheduled for the January 24, 2008 Planning & Zoning Commission meeting to review the application by Larry and Joan Schrambeck (the "Petitioner") regarding the property located at 1750 Azalea Place (the "Subject Property"). The P&Z hearing was properly noticed in the January 9, 2008 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted two Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the west side of Basswood Lane, between Euclid A venue and Azalea Place, and contains a single family residence with related improvements. The Subject Property is zoned Rl Single Family and is bordered by the Rl District on all sides. The Subject Property was developed under Cook County jurisdiction and annexed into Mount Prospect in the early 1970s. SUMMARY OF PROPOSAL The Petitioner currently parks a recreational vehicle on a gravel pad, located in the backyard along Basswood Lane. Sec. 14.2209 of the Village Code allows recreational vehicles to be parked in a residential district but only if the vehicle is parked on an approved driveway or parking pad; gravel is not an approved surface and not permitted. Staff learned of the gravel pad during a Systematic Inspection and contacted the Petitioner about removing the gravel pad. The Petitioner proposes to install a second driveway to park the vehicle on in order to comply with Village regulations. However, Sec. 14.2215 of the Village Code allows only one driveway per lot. As the Petitioner already has a driveway in the front of the house on Azalea Place, Variation approval is required for the second driveway on Basswood Lane. GENERAL ZONING COMPLIANCE The Subject Property complies the Village's zoning regulations, with the exception of the gravel pad. Staff reviewed old aerial photos and could not determine when the gravel was installed. Also, the Village does not have a record of construction of the gravel pad. Since the gravel pad was installed without the benefit of a permit and it is not clear when exactly it was constructed, i.e before or after the property was annexed into Mount Prospect, it is not considered a legal non-conformity and is not allowed to remain. The following table compares the Petitioner's proposal to the Rl Single Family Residence District's bulk requirements. PZ-05-08 Planning & Zoning Commission meeting January 24, 2008 Page 3 Rl Single Family District Existing Proposed Minimum Requirements SETBACKS: Front 30' 30.53' no change Exterior 20' 26' no change Interior 8.5' 10.41 ' no change 25' - house 75.37' Rear IS' - patio 63.37' no change LOT COVERAGE 45% Maximum 21 % (without gravel pad) 24% (with pad) VARIATION STANDARDS The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: . A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; . Lack of desire to increase financial gain; and . Protection of the public welfare, other property, and neighborhood character. The Petitioner proposes to install a curb cut and driveway on Basswood Lane and construct a driveway in lieu of the existing gravel pad. The recreational vehicle would be parked on an approved surface and would comply with Village Codes. Prior to applying for the Variation, the Petitioner researched alternatives such as parking the vehicle in front of the house on the existing driveway. They found that the vehicle may extend over the sidewalk, and that the vehicle would be highly visible in this location. They researched selling the vehicle, but found that option to be financially prohibitive. They also contacted storage facilities to determine whether it was feasible to park the vehicle off-site. They found the cost to be somewhat significant, but another consideration was the inadequate level of security the facilities provide. Based on this, the Petitioner opted to apply for the Variation for the second driveway. The Petitioner's application includes a petition signed by several neighbors and an email from a neighbor, both supporting the Petitioner's request, and the email noting how minimal of an impact the driveway would have on the neighborhood. However, Staff found that the request for a second driveway was not based on a hardship as defined by the Zoning Ordinance, but would serve as a convenience to the Petitioner. Staff appreciates the Petitioner's desire to store the vehicle on-site, which is permitted by Village Code, but in order to do so, a second driveway is needed, requiring relief from the Village's Zoning Ordinance. The Petitioner has taken considerable steps to screen the vehicle in this location and would modify the surface it is parked on, but the lot is typical of most lots in the Village, and the request would not be unique to the Subject Property. RECOMMENDATION Based on the above analysis, the Variation request for a second driveway fails to meet the standards for a Variation as listed in the Village's Zoning Ordinance. Therefore, Staff recommends the Planning & Zoning Commission deny the following motion: PZ-05-08 Planning & Zoning Commission meeting January 24, 2008 Page 4 liTo approve a Variation allowing a second driveway be installed off of Basswood Lane as shown on the Petitioner's exhibit date stamped January 17,2008, for the property at 1750 Azalea Place." The Village Board's decision is final for this case. I concur: ~~J~on~~tor of Community Development Ijmc H:\PLAN\Planning & Zoning COMM\P&Z 2008\StaffReport\PZ-05-08 MEMO (1750 Azalea Lane. VAR - second driveway).doc VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Variation Request Mount Prospect ~ The Planning & Zoning Commission has final administrative authority for all petitions for fence variations and those variation requests that do not exceed twenty-five (25%) of a requirement stipulated by the Village's Zoning Ordinance. PETITION FOR PLANNING & ZONING COMMISSION REVIEW Village Board Final Case Number . Z 0 pz- -08 .... E- -(,-.. Development Name/Address ~f 17 s-" /1 2/1 Lei; Pi.. "0 o Q,j r..~ Date of Submission ~.... ><2- f;I;l Hearing Date Q Z .... Common Address(es) (Street Number, Street) /15c /).7 ~L ""'II Pi. " f .::.- -t::o Tax I.D. Number or County Assigned Pin Number(s) ,~., .. r :3' '. C J... 7- (- () C (1 Z CJ.,:1'- ~~. - t.j'~ 0 .... E- -( Legal Description (attach additional sheets if necessary) ~ " 0 r.. Z .... f;I;l E- .... rJJ Z Name L,1 1'2./~(.J S (' H if;1 m t3 -e (-/C Telephone (day) 0 lLj']- (. ? Q.- '2 .S' 8 .... 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J i--f / _-t;. /1 Fax .-. ~.,- l'L-1i ( i.~-: City Il]/: F'rc,c'S p~c r Developer Name State Zip Code , 'Pj' / ",. " -'- .......... ""'~~ l~; c~..j ~ EmaiI Telephone (day) Address Fax Email . Attorney Name Telephone (day) Address Fax EmaiI Surveyor Z Name Telephone (day) 0 1 ... ~ '" Address Fax <(~ :; 5 i:l: 'Vi EmaiI o~ ~ 0 Z .... ...Q.. Q'i: Engineer Z ~ ~ e Name Telephone (day) 08- i:l:~ Address Fax "" > ~ ~ UO <(I Email = Architect Name Telephone (day): Address Fax Email Landscape Architect Name Telephone (day): Address Fax Email Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois, 60056 2 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Q w r..1;; ow >~ ~Oi ~~ ~f2 ~O rJ).... E-< U <( Code Section(s) for which Variation(s) is (are) Requested Please note that the application will not be accepted until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness prior to submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. if ' APPlicant~~ ~~ Print Name /..;fll,U .J e;., fetldl 8i;:CJ( ~ /, j) i' ,"~"VJl .".je_ lvi-#'- .:-, ....-1"..1/ i! .It! Date id-ICf-t"i7 ~ If applicant is not property owner: -:J;;, :1- Iv S (i, /I/?I'fill I" eX,k I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Print Name Date Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois, 60056 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 EUCLID Q . ... _ ...L _ ExistinQ Conditions AVE. ': ')(~J. UTILITy..... 5. ~.~.~.EME:NT ...( , . . . . --------.a....---t. , ..' ~,.. 1,,,1 _~ .!JA!. . "I,.,,,; ,,_.1 ,r~, ,t,."''''4~1 1. ~ (""I.I""~A;) (1___'.1' .fJ. $"" . (.4~ ~_,J .."..",:- d."- ~ N "l. '':1,0' -, .. f\,Q .: tp~' \. , .'.' .. 8 ., ..- 5.0.:... 1~)1'"-:{ :. t /, r to- ~~ _ . - .......,.... --... ~ cq: -.J ~ u o ~ .-.J -.J o ~ ~ ~ '-J ~ ~ ~ ~ rage 1 Ul L. 1750 Azalea Place Print Close DISCLAIMER This GIS data is providad 'as is' without warranty or any rapresentation of accuracy, timaliness or completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the requester. Printed: 12/05/200704:09:57 PM http://dbl/pvweb2-mtprospect/print.do?title= 1750+ Azalea+Place&paper=letter&orientatio... 12/5/2007 1" __ __.. .~.;~r; . ~trt\Hcatt uf fSlUfuty ~: . '" ':-'.~.:.: B. A. f"ENGER LAN') S111l1"f.rOR,' ROOM 900' In .w MAOISOtl Sf J'hnn....1 1,17'-' ' Qllr..AGO or "ores/ Mortar Urt;i No.5 in Ih~ S.W '/4 of See/ion 25 Towrtship 42 Tn'Je 11 Eosl of Ih. 3"" Prineil'ol.AMidian. in CooA Co"nly.1H,nois. EUCLID AVE. .......?\.~:.UTILlTY, 5. EASEMENT./ :' --1,~- - ---- --...... -- -'+' : " " , - \ ; j ; .........--.... ~ ~ ,-J ~ ~ , ,,' ! .i : ! , ..: to... " " "I; ~ ,. , " " ~ ~. /O,'~. I ! ' , ~ ~, ~, ! " \ti U ! '=to 0 ~ ....... .' . I J: . ~. . : >- (-I I , ',j ~ f. '"'1 ~ ""./,,,,1 ...rI -""''' . : ; "i I- 0 ,~ 1",# ..rI ~, H,.I"~'''''' ("",1., ,;..;,,~ ) ~ "4 ,J: 6--".J' '---" ~A"': #.1"4' . "" ~ . . "1 . !l.() ~ N . .., '-l. e;)' I , ~~ , I , , . cp , , . , '8 " . . ...- 5. 0 .~... . AZf1fA , :' PLACE -"._." . 71'.'1;:!: , ',;~m;';::':li:: ,: I,'\jl,i:',',., ~,f,l~t,:;T:r" ' . "...-:.;,.;"i. ' :;!!N:~i ':,' , .'.' ",:,"" ..~..~~.., ....._..............w~._.:..,... . ..... . ".:?~~' ....:..' ...... ..........,.. .! '\ ,\ ~;.r: ;',6:, EUCLID '0 ' ... _-1-_ Proposed Conditions AVE. --... ~ ~ :5 ~ ~ '" ....1 ..... 5 ..... /))', . UTILITY . EA5'~MENT ~ ~ ~ ~ ~ M 1" .1' ~ If jJt (J.~l, ., t ~~r~'\ , , , . -------.......---t' /. '('" ~ ~ .... ,6,. I,,'; _01 .!JAI. ' .1,.",1 #.~ /r-I' If'i"";'''~' " ) ~ (,..,1,1 *'/;,;.; C",'.I' ,':/,0' " ~ f\"O .: rf' \, , ."'''~/:- ~ N "l. ;).1'- .... .. 8 " ..- 5.0.:... r~I'~:( 1750 Azalea Place NT!; December 17,2007 TO: The Village of Mt. Prospect RE: Motor Home Joan & Larry Schrambeck 1750 Azalea Place To Whom It May Concern: This letter is to advise that the motor home parked in the yard of the Schrambeck's is neither a detriment nor eyesore to our neighborhood. We are Ted & Rosemarie Kern 1223 Basswood Lane & Frank & Betti Pierri 1225 Basswood Lane. We look directly at the motor home parked across the street, and truth be told, we hardly know when it is there or they are on a trip. The Schrambeck's and our families have been neighbors for 30 plus years and they have always had a motor home. How suddenly this has become a problem to the village is simply amazing. If the "neighborhood" people aren't bothered, and the village has passed a recent law, they should be "grandfathered". 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I Page 1 of2 Connolly, Judy From: Frederick Brill [fred_info@comcast.net] Sent: Friday, January 11, 20087:41 PM To: Connolly, Judy Subject: Case PZ-05-08 1750 Azalea Place Request for Variation Judy Connolly Community Development Department Village of Mount Prospect Re: Case No. PZ-05-08 Common Address: 1750 Azalea Place Pin# 03-25-303-027-0000 Owners: Larry & Joan Schrambeck Judy, Further to our conversation regarding the upcoming hearing at the Planning & Zoning Commission, I decided to write this short em ail to express our feelings about this case. Although I will try to appear the night of the hearing, in case I am not able, please pass this on to Mr. Richard Rogers for me. Statement from: Frederick & Sharon Brill 1762 Azalea Place, Mount Prospect (847) 635-7925 Dear Mr. Rogers & Members of the Commission We have lived on the same block with the house in question since July of 1971, about the same time that the Schram becks purchased their house. Through these 35+ years, we've never heard any of our neighbors express the slightest concern about the parking a motor home behind the Schrambeck's home. Rather, the Schram becks have earned an enviable reputation of being major contributors to the neighborhoods beautification. They've maintained the parkways that surround their home and have landscaped and maintained the easements that border their home with Euclid which present visitors to Boulder Point (the builder's name for our area) the best possible expectation. Specific to the matter in question, we pass the Schrambeck home several times a day and are almost oblivious to the motor home's presence behind their house. The reason for this is that it is mostly blocked from view by their house and the fence. Until recently, the parkway trees along Burning Bush and the shrubbery behind their property mostly screened the motor home. Those trees were just removed by the village and the replacements are still quite small, but as they grow, they will again hide the motor home from most eyes. We understand that the ordinance requires vehicles to be parked on paved driveways (instead of gravel surfaces), but even that requirement seems unnecessary given the location of the parking spot. If the reason for this ordinance is appearance or the possible migration of gravel into the public way or storm sewers, we can attest to the fact that this is not a problem in this situation. We walk daily, east on Azalea, turning north on Basswood and then later returning the same route home from the local park. We've never seen gravel on the sidewalk or adjacent parkway along their east fence which encloses their motor home, let alone on the street (Basswood Lane.) The idea of requiring them to pave their parking pad which is wholly within the fenced- in backyard, seems to be an unreasonable and expensive requirement to condition the granting of the requested variance. Moreover, requiring a driveway to be extended across the parkway to the street will detract from the beauty of the landscaping and should not be required, in our opinion. Mr. Schrambeck is well versed in maintaining landscaping, having worked in that capacity with the Village of Niles these past 36 years until his retirement. He's moved that motor home across the parkway through the years without ever leaving visible damage of ruts or tire tracks, so that a permanent driveway apron there would only serve in detracting from the Page 2 of2 continuity of the landscaped parkway with no benefit to the Village and considerable expense to Mr. and Mrs. Schram beck. Sharon and I thank you for considering our opinion that the Planning and Zoning Commission should consider recommending an unrestricted variance be granted by the Village Board. Sincerely, Sharon A. Brill Frederick Brill January 30, 2008 William 1. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Dear Mr. Cooney, The PlanIling & Zoning Commission n:commended approval of our request for a second driveway by a 4-0 vote. Our request is scheduled to go before Village Board for the ordinance's first reading February 19, 2008. Weare requesting that the Village Board waive the second reading, tentatively scheduled for March 4, 2008, and take final action at the February 19, 2008 meeting. We are anxious to start the project as soon as possible. I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact us at 847/699-6258. Sincerely, /'~} CL-{'L/11 ~-,,4d:'-'fl'~ Il ~p (/ ;J .. -/J. ;.......... v,.(~.O~ Joan and Larry Schrambeck 1750 Azalea Place Mount Prospect, IL 60056 jc 2/11/08 mla 2/11/08 ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION FOR PROPERTY LOCATED AT 1750 AZALEA PLACE WHEREAS, Larry and Joan Schrambeck, ("Petitioners"), have filed a petition for a Variation with respect to property located at 1750 Azalea Place ("Property') and legally described as follows: Lot 1 in the Subdivision of Forest Manor Unit NO.5 in the south west % of Section 25, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. Property Index Numbers: 03-25-303-027 -0000 and WHEREAS, the Petitioners seek a Variation to allow the installation of a second driveway; and WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ-05-08 before the Planning and Zoning Commission of the Village of Mount Prospect on the 24th of January, 2008, pursuant to proper legal notice having been published in the Journal & Topics Newspaper on the 9th of January, 2008; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees in support of the request and encouraging the Petitioner to use a semi-pervious paver for the right-of-way improvement, being the subject of PZ-05-08; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Variation for a second drive-way as shown on attached Exhibit "A" date stamped January 18, 2008, would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That as a condition of the Variation, the right-of-way improvements (apron) shall be removed prior to the sale of the home. (The Petitioner is encouraged to use a semi-pervious paver for the right-of-way improvement.) SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect grant a Variation, as provided in Section 14.203.C.7 of the Village Code to allow for installation of a second drive-way as shown on Exhibit "A" date stamped January 18, 2008, which is attached to and made a part of this Ordinance. 1 PZ-05-08, 1750 Azalea Place Page 2/2 SECTION FOUR: The Village Clerk is authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of February, 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WI N\ORDI NANC\Variationseconddrivewaypz-05-0B1750azaleafebOB.doc MEMORANDUM Village of Mount Prospect Community Development Department FROM: DIRECTOR OF COMMUNITY DEVELOPMENT '!~.~~ 2. I~ 01 TO: MICHAEL E. JANONIS, VILLAGE MANAGER DATE: FEBRUARY 15,2008 SUBJECT: PZ-02-08 - CONDITIONAL USE (DAY CARE FACILITY) 2020 CAMP MCDONALD ROAD GREGORY SZESZKO, ST. DOMINICK DAY CARE - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-02-08, a Conditional Use permit request to operate a day care facility at 2020 Camp McDonald Road, subject to the conditions listed in the staff report, and Variations for the amount of on-site parking and lot coverage, as described in the attached staff report. The Planning & Zoning Commission heard the request at the January 24, 2008 meeting. The area was annexed into the Village in 1971, most likely after the building had been built. Therefore, the existing conditions are considered legal nonconforming and are allowed to remain in its existing condition. The manner in which the site was developed creates challenges in meeting the Village's parking requirements while minimizing the amount of new lot coverage. The Petitioner worked with a design professional to modify the site to comply with the Village's parking regulations. It was the Petitioner's intention to comply with the Village's parking regulations, but still maintain an adequate play area for the children. Therefore, they submitted a site plan that indicates one new parking space will be provided, which increases the existing non-conforming amount of lot coverage from 77% to 78%. The request requires Variation approval for the increase in the already nonconforming amount of lot coverage and the site having 16 parking spaces when 17 are required by Village code, as well as Conditional Use approval to operate a day care facility. The Planning & Zoning Commission discussed the Petitioner's operating requirements and the anticipated amount of parking needed for a maximum capacity scenario. They noted the Petitioner could control the drop-off / pick- up times to a certain extent, which would minimize parking conflicts. They also discussed the need to preserve as much landscaping and trees as possible. The Planning & Zoning Commission voted 4-0 to recommend that the Village Board approve the requests for: 1. a Variation to allow 16 parking spaces, 2. 78% lot coverage, and 3. a Conditional Use permit for a daycare facility, subject to the conditions listed in the staff report for the property located at 2020 Camp McDonald Road, Case No. PZ-02-08. Please forward this memorandum and attachments to the Village Board for their review and consideration at their February 19,2008 meeting. Staff will be present to answer any questions related to this matter. ~ William J. ooney, Jr., AICP H:\PLAN\Planning & Zoning COMM\P&Z 2008\MEJ Memo\PZ-02-08 MEJ MEMO (2020 Camp McDonald Road - eu day care).doc January 29,2008 William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 or Via fax: 847/818-5329 or Via email: bcooney@mountprospect.org Dear Mr. Cooney, The Planning & Zoning Commission recommended approval of our PZ-02-08 / 2020 . CAMP MCDONALD ROAD conditional use request by a 4-0 vote. Our request is scheduled to go before Village Board for the ordinance's first reading February 19, 2008. We are requesting that the Village Board waive the second reading, tentatively scheduled for March 4, 2008, and take final action at the February 19, 2008 meeting. We are anxious to start the project as soon as possible in order~to start operation in time for the beginning of a new school year. . I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact us at 773-593-2505. Sincerely, CrdJ7 5vu,~ Gregory Szeszko St. Dominick Day Care 4148 N. Pontiac Chicago, IL 60634 . MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-02-08 Hearing Date: January 24, 2008 PROPERTY ADDRESS: 2020 Camp McDonald Road PETITIONER: Gregory Szeszko, St. Dominick Day Care PUBLICATION DATE: January 9, 2008 PIN NUMBER: 03-34-416-027 -0000 REQUEST: Conditional Use - Daycare Center MEMBERS PRESENT: Richard Rogers, Chair Joseph Donnelly Marlys Haaland Ronald Roberts MEMBERS ABSENT: Leo Floros Keith Youngquist ST AFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Andrew Skic, Building Inspector Ryan Kast, Administrative Assistant INTERESTED PARTIES: Greg Szeszko Chairman Richard Rogers called the meeting to order at 7:30 p.m. Marlys Haaland made a motion to approve the minutes of the October 25, 2007 meeting and Ronald Roberts seconded the motion. The minutes were approved 3-0 with Chairman Rogers abstaining. Joseph Donnelly made a motion to continue Case Number PZ-38-07 to the February 28, 2008 Planning and Zoning Commission meeting. Mr. Roberts seconded the motion. The motion was approved 4-0. After hearing one previous case, Chairman Rogers introduced Case PZ-02-08, a request for a Conditional Use to operate a Daycare Center at 2020 Camp McDonald Road at 7:50 p.m. Judith Connolly, Senior Planner, said the Subject Property is located on the north side of Camp McDonald Road, between River Road and Park Drive, and contains the Alexander Graham Bell Montessori School with related improvements. The Subject Property is zoned B3 Community Shopping and is bordered by the B3 District to the east and west, the R4 Multifamily District to the north, and B4 Commercial Corridor and Rl Single Family Residence District to the south. Ms. Connolly stated the Petitioner is seeking Conditional Use approval to operate a day care facility. The proposed day care facility would be located in the B3 Zoning District, which requires Conditional Use Approval. Also, a parking Variation is needed because they will be deficient one parking space and exceed lot coverage limits. Ms. Connolly summarized the Petitioner's application: . St. Dominick Day Care is an independently owned and operated child care facility; . The facility would occupy the soon-to-be former Alexander Graham Bell Montessori School building (the Montessori School is relocating because they outgrew the site); . The day care facility has a maximum capacity of 72 clients, which requires 10 staff members; Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-02-08 Page 2 . The facility would be open from 6:30 am to 6 pm Monday - Friday; . The Petitioner anticipates most children would arrive between 8am to lOam and leave between 3:30pm and 5:30pm; . The Petitioner estimates the drop-off and pick-up time to be 10 minutes; and . Anticipated ages of the children range from 2-5 years old. Ms. Connolly said the Subject Property does not comply with the Village's bulk regulations as the existing structure encroaches into the required side and rear setbacks. Also, some of the existing parking spaces are located in the 10-foot setback and the site exceeds the 75% lot coverage limitation. The area was annexed into the Village in 1971, most likely after the building had been built as Staff could not locate a building permit for the original development of the Subject Property or document that code relief had been granted for its development. She said the existing conditions are considered legal nonconforming and are allowed to remain in its existing condition. Ms. Connolly stated that the Subject Property requires relief to meet the Village's requirements. The available on-site parking would be 16 spaces once the garage is converted from storage back to a garage and one surface space is created. She said based on the proposed use, the Village's Zoning Ordinance requires 1 space per employee plus 1 space per 10 children. Based on a maximum enrollment of 72 children (7 spaces) and a staff of 10 employees, the daycare facility would require a total of 17 parking spaces. Ms. Connolly said the Petitioner submitted information on the drop-off / pick-up process. They do not anticipate needing all 16 spaces provided on-site at one time and estimate the peak usage to fall between 8 am to lOam and 3:30 pm to 5:30 pm. Therefore, they feel the proposed 16 spaces will meet the facilities needs. Ms. Connolly stated that the Village's Zoning Ordinance does not have operational requirements for daycare uses. However, the Petitioner is required to meet specific DCFS regulations, which the Petitioner is aware of and has worked with in other day care facilities. It is important to note that the Petitioner is required to follow State regulations, which will be enforced by the appropriate State agency. The DCFS requirements include regulations pertaining to play areas, providing food service, and program content. These regulations are based on the length of the child's stay at the facility. Ms. Connolly summarized other department comments. The interior of the building has to be modified to comply with the National Life Safety Code and the International Building Code for daycare centers which entails installing a fire detection system and a fire sprinkler system. While this is a Building Permit issue, it is important to note in the Staff report to eliminate the potential for confusion during another review process. Also, a complete egress evaluation will be required and must be prepared by a design professional. Ms. Connolly stated that Engineering noted that they support the proposed sliding gate to secure the play area. However, the handicapped space shown on the plan would be located in the fenced in area. As this space must be accessible at all times, the space needs to be re-striped outside the fenced area. Ms. Connolly advised that the Petitioner has already addressed this comment and the handicap space has been relocated outside the fenced area. She said a revised site plan was placed by each Commissioner's seat. Ms. Connolly mentioned that in order to approve the request, it has to meet the standards for a Variation because the Petitioner will be short one parking space. Ms. Connolly said the standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. She summarized these findings: Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-02-08 Page 3 . A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; . Lack of desire to increase financial gain; and . Protection of the public welfare, other property, and neighborhood character. Ms. Connolly stated that the Petitioner met with Staff prior to applying for the Conditional Use permit. Based on the information obtained from this meeting, the Petitioner worked with a design professional to modify the site to comply with the Village's parking regulations. It was the Petitioner's intention to comply with the Village's parking regulations, but still maintain an adequate play area for the children. Therefore, they submitted a site plan that indicates one new parking space will be provided, which increases the existing non-conforming amount of lot coverage from 77% to 78%. Because this is an increase in the amount of the non-conformity (lot coverage), a Variation is needed for the proposed amount of pavement. Ms. Connolly said that the Petitioner noted in the application that the anticipated amount of parking needed for the drop-off / pick-up process would not require using more than 15 spaces, although 16 spaces would be provided on-site. They prepared a chart documenting parking usage throughout the day, noting that even during the peak drop-off / pick-up times, the site would be able to accommodate the anticipated parking demand. Ms. Connolly stated the site was developed under Cook County regulation and currently contains a significant amount of pavement. The site will be modified to accommodate one additional space, which brings the lot coverage from 77% to 78%, with the opportunity to expand the parking lot further by removing a landscape island. However, there is a mature tree located in a landscape island and paving over the island would further increase the amount of lot coverage. In this case, should the facility experience an actual parking shortage, the Petitioner is in a position to control the drop-off / pick-up process by working with parents to stagger the drop-off /pick-up times to minimize parking shortages. Ms. Connolly said the standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. She summarized the findings: . The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; . The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; . Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and . Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Ms. Connolly stated that the proposed use would not have a detrimental impact on the public health, safety or general welfare. The use would not adversely affect the character of the surrounding neighborhood, or utility provision and it would be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. Furthermore, the Petitioner's drop-off / pick-up analysis indicates that vehicles entering/exiting the Subject Property will not have an adverse impact on the neighborhood. Ms. Connolly said the proposed use meets the Variation and Conditional Use standards contained in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-02-08 Page 4 "To approve: A) a Variation to allow 16 parking spaces, B) 78% lot coverage, and C) A Conditional Use permit for a daycare facility at 2020 Camp McDonald Road, subject to the following conditions: I) The St. Dominick Day Care facility will be designed and developed in general accordance with the site plan prepared by Studio 3 Design, revision date January 22, 2008; 2) The facility shall meet all Building Code & Fire Code requirements, which include but are not limited to the installation of sprinkler and fire alarm systems and having a design professional prepare an egress analysis as part of the Building Permit submittal; 3) The Village reserves the right to review any traffic related matters created by the use and require any necessary measures needed to address them; and 4) Prior to the Village issuing a Certificate of Occupancy, the Petitioner shall obtain the necessary permits and authorizations from the appropriate agencies (DCFS, etc.). Ms. Connolly stated the Village Board's decision is final for this case. Chairman Rogers asked Ms. Connolly if this was the same building when it was a Montessori school and the Commission previously approved a circular driveway; Ms. Connolly confirmed that it was. She clarified that the Montessori school never installed the circular driveway and eventually outgrew the site. Mr. Rogers questioned if the Conditional Use was approved tonight, what would happen to the circular driveway that was previously approved. Ms. Connolly said that the circular driveway approval would no longer be valid as the approval period already lapsed. Chairman Rogers swore in Greg Szeszko, 4148 N. Pontiac, Chicago, IL. Mr. Szeszko said he and his wife are the owners and operators of St. Dominick Day Care. They have been operating this business out of their home since 1999. They are licensed by DCFS and follow all state regulations, they are also licensed by the City of Chicago. They were incorporated as a corporation in 2003. Mr. Szeszko said that they provide day care from 15 months to 5 years. They provide typical day care services including: programs that develop language skills, cognitive development, music appreciation, small and large motor skills, social interactions. They tend to be rooted in Catholic tradition. Mr. Szeszko mentioned that the business is successful with its customers. They like the program and the day care's approach towards education. He has never advertised and strictly relies on word-of-mouth. They are fully booked with a waiting list. They have outgrown their current facility and would like to expand. Mr. Szeszko stated that they have come to an agreement with the current owners of the property at 2020 Camp McDonald Road. It is a one story masonry brick building that contains sprinklers and is connected to a fire alarm. There is an existing playground along with 15 parking spaces. Mr. Szeszko said that his proposal included daily operations from 6:30 a.m. to 6:00 p.m., Monday through Friday with a shortened Saturday schedule if needed. The maximum capacity for the day care would be 72 children and 10 employees. Mr. Szeszko presented a modified site plan per the Staffs comments. He said there would be 16 parking spaces for cars. He would convert a spot in the garage for a space and would also set aside a space for the handicapped area. The floor plan includes four classrooms with one common area for indoor activities. Parents and their children would utilize an access card to gain entry to the building. This access card would automatically register Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-02-08 Page 5 the child. An additional station would allow registration if a few clients walked in at the same time. After registering, the parent would walk their child to the assigned classroom. Mr. Szeszko explained the daily use of parking. He restated the peak times of8:00 a.m. to 10 a.m. and 3:30 p.m. to 5:30 p.m. He advised the Commission that he has to maintain a specific child to teacher ratio. Since this ratio has to be maintained, a pick-up and drop-off schedule can be drafted. He does not believe that he will over- extend the proposed 16 spaces. Mr. Szeszko concluded by requesting that the Commission accept his proposal. Chairman Rogers asked the Petitioner if he understood the requirements in order to obtain building permits and what is needed for the approval of the zoning. The Petitioner stated that he understood and agreed to the conditions. Mr. Szeszko advised that he and his architects have been working with Staff to make sure the plans are acceptable and that they are following the guidelines set. Chairman Rogers said the site is tight and overbuilt, but he understands the need for a child care center. He called for additional questions or comments; hearing none, the public hearing was closed at 8:12 p.m. Chairman Rogers asked if the Commission had any questions for the Petitioner or Staff. Mr. Donnelly asked Ms. Connolly when the Commission reviewed the circular driveway case if they had 15 spaces and did not use the garage. Ms. Connolly advised that was correct as the previous owner did not use the garage for parking. Mr. Donnelly asked if the previous owner was within zoning at that point or if the use of the property did not need parking, just a drop-off point. Ms. Connolly explained that she did not know previous enrollment at that time. She explained that the present case is based on maximum numbers. She continued by stating that it may be initially over parked depending on enrollment numbers in the beginning and code requires that information is provided for the most intense use. Marlys Haaland made a motion to approve Case Number PZ-02-08, a request for 1) Variation approval for 16 parking spaces when 17 are required; 2) Variation approval for 78% lot coverage when 75% is the limit; and 3) Conditional Use approval to operate a Day Care Center at 2020 Camp McDonald Road. Ronald Roberts seconded the motion. UPON ROLL CALL: AYES: Donnelly, Haaland, Roberts, Rogers NAYS: None Motion was approved 4-0. After hearing three additional cases, Joseph Donnelly made a motion to adjourn at 10:08 p.m., seconded by Ronald Roberts. The motion was approved by a voice vote an~ee*adjonmed. Ryan Kast, Community Development Administrative Assistant H:\PLAN\Planning & loning COMM\P&Z 2008\Minutes\PZ-02-08 2020 Camp McDonanld (51. Dominicks).doc I CASE SUMMARY - PZ- 02-08 Village of Mount Prospect Community Development Department LOCATION: 2020 Camp McDonald Road PETITIONER: Gregory Szeszko, S1. Dominick Day Care PROPERTY OWNERS: Alternatives in Education for the Hearing Impaired PARCEL #: 03-34-416-027 -0000 LOT SIZE: .34 acres (I 5,200 sq. ft.) ZONING: B3 Community Shopping LAND USE: Montessori School REQUEST: Conditional Use - Daycare Center LOCATION MAP \ MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JANUARY 17,2008 HEARING DATE: JANUARY 24, 2008 SUBJECT: PZ-02-08 - CONDITIONAL USE & VARIATIONS (DA Y CARE) 2020 CAMP MCDONALD ROAD (ST. DOMINICK DAY CARE) BACKGROUND A public hearing has been scheduled for the January 24, 2008 Planning & Zoning Commission meeting to review the application by Gregory Szeszko of St. Dominick Day Care (the "Petitioner") regarding the property located at 2020 Camp McDonald Road (the "Subject Property"). The Petitioner has requested Conditional Use approval and Variations for lot coverage and on-site parking to operate a day care center in the B3 Zoning District. The P&Z hearing was properly noticed in the January 9, 2008 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the north side of Camp McDonald Road, between River Road and Park Drive, and contains the Alexander Graham Bell Montessori School with related improvements. The Subject Property is zoned B3 Community Shopping and is bordered by the B3 District to the east and west, the R4 Multifamily District to the north, and B4 Commercial Corridor and R1 Single Family Residence District to the south. SUMMARY OF PROPOSAL The proposed daycare facility would be located in the B3 zoning district, which requires Conditional Use approval. The attached exhibits detail the Petitioner's plans for the proposed daycare center, but can be summarized as follows: · St. Dominick Day Care is an independently owned and operated child care facility rooted in Catholic tradition and has been in business for 8+ years; · The facility would occupy the soon-to-be former Alexander Graham Bell Montessori School building (the Montessori School is relocating because they outgrew the site); · The day care facility has a maximum capacity of 72 clients, which requires 10 staff members (based on Department of Children & Family Services (DCFS) regulations); · The facility would be open from 6:30 am to 6 pm Monday - Friday; · The Petitioner anticipates most children would arrive between 8am to lOam and leave between 3:30pm and 5:30pm; · Anticipated ages ofthe children range from 2-5 years old; PZ-02-08 Planning & Zoning Commission meeting January 24, 2008 Page 3 . Currently the Petitioner has 20 active slots, with 12 more children on a waiting list; . St. Dominick Day Care will require the parent/guardian to physically accompany the child both to and from their vehicle and to enter an access code on a keypad to enter the building; a log-in book will be used to sign-in parents who do not enter their access code, i.e. when they enter the building behind another parent and child who have entered their code; and . Estimated drop-off / pick-up time to be no more than 10 minutes. GENERAL ZONING COMPLIANCE The Subject Property does not comply with the Village's bulk regulations as the existing structure encroaches into the required side and rear setbacks. Also, some of the existing parking spaces are located in the 10-foot setback and the site exceeds the 75% lot coverage limitation. The area was annexed into the Village in 1971, most likely after the building had been built as Staff could not locate a building permit for the original development of the Subject Property or document that code relief had been granted for its development. Therefore, the existing conditions are considered legal nonconforming and are allowed to remain in its existing condition. The following table compares the Petitioner's proposal to the B3 District's bulk requirements and parking regulations for a day care. B3 District Min. Re uirements Existin Pro osed SETBACKS: Front 30' No change No change No chan e No chan e Interior Rear 10' 20' LOT COVERAGE PARKING 75% max 1 space per employee plus 1 space for each 10 licensed ca aci slots 77% 15 Parking: As noted above, the Subject Property requires relief to meet the Village's requirements: . A vailable On-Site Parking: 16 spaces once the garage is converted from storage back to a garage and one surface space is created . Required Parking: 17 spaces (based on the following breakdown) o Proposed Daycare: Based on the proposed use, the Village's Zoning Ordinance requires 1 space per employee plus 1 space per 10 children. Based on a maximum enrollment of 72 children (7 spaces) and a staff of 10 employees, the daycare facility would require a total of 17 parking spaces. The Petitioner submitted information on the drop-off / pick-up process. They do not anticipate needing all 16 spaces provided on-site at one time and estimate the peak usage to fall between 8 am to 10 am and 3:30 pm to 5:30 pm. Therefore, they feel the proposed 16 spaces will meet the facilities needs. Day Care Operation/Content Regulation: The Village's Zoning Ordinance does not have operational requirements for daycare uses. However, the Petitioner is required to meet specific DCFS regulations, which the Petitioner is aware of and has worked within other day care facilities. It is important to note that the Petitioner is required to follow State regulations, which will be enforced by the appropriate State agency. The DCFS requirements include regulations pertaining to play areas, providing food service, and program content. These regulations are based on the length of the child's stay at the facility. PZ-02-08 Planning & Zoning Commission meeting January 24, 2008 Page 4 Other Department Comments: The interior of the building has to be modified to comply with the National Life Safety Code and the International Building Code for daycare centers which entails installing a fire detection system and a fire sprinkler system. While this is a Building Permit issue, it is important to note in the staff report to eliminate the potential for confusion during another review process. Also, a complete egress evaluation will be required and must be prepared by a design professional. In addition, Engineering noted that they support the proposed sliding gate to secure the play area. However, the handicapped space shown on the plan would be located in the fenced in area. As this space must be accessible at all times, the space needs to be re-striped outside the fenced area. VARIATION STANDARDS The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: · A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; . Lack of desire to increase financial gain; and · Protection of the public welfare, other property, and neighborhood character. The Petitioner met with Staff prior to applying for the Conditional Use permit. Based on the information obtained from this meeting, the Petitioner worked with a design professional to modify the site to comply with the Village's parking regulations. It was the Petitioner's intention to comply with the Village's parking regulations, but still maintain an adequate play area for the children. Therefore, they submitted a site plan that indicates one new parking space will be provided, which increases the existing non-conforming amount of lot coverage from 77% to 78%. Because this is an increase in the amount of the non-conformity (lot coverage), a Variation is needed for the proposed amount of pavement. The Petitioner notes in the attached application that the anticipated amount of parking needed for the drop-off I pick-up process will not require using more than 15 spaces, although 16 spaces will be provided on-site. They prepared a chart documenting parking usage throughout the day, noting that even during the peak drop-off I pick- up times, the site will be able to accommodate the anticipated parking demand. The site was developed under Cook County regulation and currently contains a significant amount of pavement. The site will be modified to accommodate one additional space, which brings the lot coverage from 77% to 78%, with the opportunity to expand the parking lot further by removing a landscape island. However, there is a mature tree located in a landscape island and paving over the island would further increase the amount of lot coverage. In this case, should the facility experience an actual parking shortage, the Petitioner is in a position to control the drop-off I pick-up process by working with parents to stagger the drop-off Ipick-up times to minimize parking shortages. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: PZ-02-08 Planning & Zoning Commission meeting January 24, 2008 Page 5 . The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; · The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; . Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and . Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The proposed use would not have a detrimental impact on the public health, safety or general welfare. The use would not adversely affect the character of the surrounding neighborhood, or utility provision and it would be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. Furthermore, the Petitioner's drop-off / pick-up analysis indicates that vehicles entering/exiting the Subject Property will not have an adverse impact on the neighborhood. RECOMMENDATION The proposed use meets the Variation and Conditional Use standards contained in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve: A) a Variation to allow 16 parking spaces, B) 78% lot coverage, and C) A Conditional Use permit for a daycare facility at 2020 Camp McDonald Road, Case No. PZ-02-08 subject to the following conditions: 1) The St. Dominick Day Care facility will be developed in general accordance with the floor plans prepared by Studio 3 Design, dated December 10,2007, 2) The St. Dominick Day Care facility will be developed in general accordance with the site plan prepared by Studio 3 Design, dated December 10, 2007, but revised so the handicap space is not located within the gated area; 3) The facility shall meet all Building Code & Fire Code requirements, which include but are not limited to the installation of sprinkler and fire alarm systems and having a design professional prepare an egress analysis as part of the Building Permit submittal; 4) The Village reserves the right to review any traffic related matters created by the use and require any necessary measures needed to address them; and 5) Prior to the Village issuing a Certificate of Occupancy, the Petitioner shall obtain the necessary permits and authorizations from the appropriate agencies (DCFS, etc.). The Village Board's decision is final for this case. I concur: W'~l, ~~. William J. Cooney, AICP, Director of Community Development Ijmc H:\PLAN\Planning & Zoning COMM\P&Z 2008\Staff Report\PZ..o2..QS MEMO (2020 Camp McDonald Road. CU - daycare).doc .0 ill \ \ \ \ \ \ \ \ \ ,--\------ \ ,16 \ \ GARAGE L CDSite Plan 1 Scale: 1116':: 1'.()" General Notes 1. Dimensions are approximate. \0'-0. "E9 REVISED SITE PLAN 1/22/08 150' ~O'-O-'----1 .1<------ I EXIST FENCE EXIST UTILITY ENCLOSURES 10' PUBLIC UTILITY EASEMENT EXIST OUTDOOR PLAYGROUND .~ AREA OF NEW PAVING AND PARKING SPACE EXISTING ONE -STORY MASONRY BUILDING WITH PARTIAL METAL MANSARD ROOF - EXIST GRASS AREA- 2 1 H.C. EXIST SIDEWALK MAIN ENTRY - EXISTING DRIVE AND PARKING LOT 16 TOTAL PARKING SPACES (14 PARKING SPACES + 1 H,C. SPACE + 1 GARAGE SPACE) - I 10 5 3 8 7 6 4 9 14 12 13 11 NEW FENCE AND 0- NEW TRASH SLIDING GATE ENCLOSURE AND FENCE - EXIST GRASS AREA- NEW FENCE 155' EXIST FENCE EXIST SIDEWALK '0 o PROPERTY LINE Saint Dominick Daycare 2020 E. Camp Mi;:Don.1d Rd. Mt. Prospect, 111....01$ studio e design stlIlft"'....,pJIIC. 'In s.,....... St. "llIftlt,..' 01..... 1\ltll81.a.'" S:nUlflDOtlIl/" Mllll.u.I...,...... o <( o 0:: o -' <( :z: o o u :=:< CL :=:< <C U 02008 StudioJ Design, Inc. Reyision Date City Review 12/10107 CilyReview- 01f22108 Revision 1 City Review. 01122108 Revision 2 Projee": 1Q10:2A Sca": MNoled Site Plan A001 ~ VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 : Application for Conditional Use Approval ~ Mount Prospe<:t ~ z S E-o ~~ o~ r..e ~o ><--- ~ Q ~ z o ~ -< ~ ~ o r.. ~ ~ E-o - ~ ~ z - E-o ~ - >< ~ Address(es) (Street Number, Street) 2020 -. elJ /'leD Site A/7 ~cres) Property Bn~ Setbacks: Front 30' Rear V.5 I ~D' f}LD RD. Total Building Sq. Ft. (Site) 5 9 Side Side 0.. Lt' Building Height /2.' Adjacent Land Uses: North South East West R4 AP itrN ", fJ~ B?> - &115 5TlinON 63 -f>>JJHftL (UN) T~x LD. Number or County Assigned Pin Number(s) 03 -2.4 - 4/ b- vz- 7- t:9000 Lot Coverape (%) 2l{% Number ofPa(king Spaces /5" " Legal Description (attach additional sheets if necessary) Z NamG.-RF&oR.Y 57-E52tO Telephone (day) '0, 0 173 -)9 3 - C-.g-'O) - Eo- c ~I cSr~ionDON I NICK j)fJ-y C/Jtt: Telephone (evening) r;)'3 -'59.3 - G <)'<.9 S- ~ii z (,,) Street Address Fax . - .... LtI Lf &> N.. PONT/he 773 - )J>9 - OG II QQ.. :z 0. ;;;l< City State ZbOd~ ?;If Email 01 CH, C{tG-O IL GR-f&-S @ SfI/N/JJOIY/NICK. ~ ~ ~ Interest in Property (f)w 1'1 C R == fUTU R.t' Co/'! . :z Name Telephone (day) 0 ... l- i ~ Corporation V;-S IN /?.DVC IFTI ON FOR Telephone (evening) o = A-L T&RN~TI t: r;.. ~ ~o ..,J-i k .u ~IJ. It 1/\/ &- J N P IJ./ f{.eT> Q~ Street Address Fax: :z 0 ~c:l. W2.--0 I!~ CtJr/ P tic DON (.} '" J) ~ o e a:Q.. Cl City State Zip Code Email ~ U ~\9UNT (J/(OS{JCC, IL 600)6 < = Developer Name Telephone (day) rI- Address Fax JJ; , Email Attorney ~ tllJLI1TO Name srEi WEN Telephone (day) 3/2.- 7 04 - 31 J Lt Address 22'- N.. LI}SflLLt Fax $ J lIE" 300 SI14LffTV ~ J.(JN5J1I}L~fl ) CH leA (:yO (IL ft;C9h() I Email ''''. Surveyor /73- 77C) -0)30 z Name ~ ~NS K. '~ 1)0'; Telephone (day) 91 Eo- '" Address -=.J ~l c ~ BR:u l'l t't tL ;D~ Pax ~1 . = .;;; ';lK &.~O\l b V lL-L.l}&~ I O~ ~ 0 lL (, [) 007 Email Z ... ....Q.. Q '= Engineer ~ S Name Telephone (day) ogo =0 Address Fax " > ::ld 0 uQ <I = Email Architect 5TV DI 0 3 DE5/ (<;4 Vrelephone (day): ~/2.- b 35""- b ~oO Name ..,i() D.D B~lLl S I Address ~ '~Zl S. SAN 6-I+NOtV Fax ?JJ2 - b3) - cO~O ~t(J+(yO,/L (,Oh07 ~vITE 5""0 Co Email TODDf>@STVPlf) 3 ~51 ;N, Landscape Architect , 5 Name Telephone (day): Address Fax . Email (OfY ,us Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 2 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Proposed Conditional Use (as listed in the zoning district) 1) A- '( LA (ZE"' (r! PF. f!.fiTI 01\./ Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) . PLEASe; tf?E E -tHE ItTT4.C tI (; /) P fJ 6-6-) - Q : ~ ~. r.VJ o~ >-~ ~Oi ~~ :E~ ~o rn- ~ !-< U . < , Hours of Ope?ti~m o : t:.70,tN f/tWD/}Y - FRID/.jy o . .SO C.t. f;oV\ -.,. 7:00 ? . Oc0,"- S IJr t/ R f)fJ 'r ON 45 (.:..u.-. .- c 'It/bEDGD enS I> Address(es) (Street Number, Street) He DON /fL.[) RD. ~z 2..0"2. 0 f. C fiN P !:O Site Area ,r;es) Property Zoning Total Building Sq. Ft. (Site) Sq. Ft. Devoted to Proposed Use rn- '~ b?J 5D'1~ /00% Q!-< ~~ Setbacks: a:O Front ~O' Rear I Side O.~r I Side 40t Or. CO.5 ~~ Building Height Lot Coverage (%) Number of Parking Spaces J 2. / . ?,it% /6' Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best ~of my knowledge. c Applicant Print Name ~~iJ'i?; S"'~l/L<> ,'-~fL . 5 Lf'S It(O Date 1'2- /t l? 10 7 " If applicant is not property owner: t to a t as my agent for the purpose of seeking the Variatibn(s) described in this application ande...... su rting material. " A c: r-cr. " Property o~r V'"'-- tt.-'... .. ,..;.-; Mount P aspect /' ent of Community Development 50 South m/MsOn StIi et, Mount Prospect Illinois www.mountprospect.{{rg 3 / l - it; - 01) Date Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 VICES Type of Fa.Cility GROUP DAY CARE HOME Effective 03/15/2007 - Area Used for FIRST FLOOR, LICENSE ISSUED TO ELZBIETA AVE It.. 60634-1041 NO. 369303-04 Sllpervisins_9nlldWelfare Agency DAY: 009 EXTD: 004 NIGHT: 000 Ages of Children Serv -nAY: at Y TO 1 ~OlJRS OPERATION. Mailing address for this SZES1.I.<.O 4148 N CHICA.GO 6A- -D2 . 60634-1041 ~$Z- ACTING D1J~EC'TOR NOT TRANSFERABLE-Supersedes all prior lioenses1ar type of care specified above. " " . \)SZLft ~., '\ ,\, 0 ~I fI,.~ '~b''( 'i,~", 1) (')1)1 \') St. Dominick Day Care 4148 N. Pontiac Ave. Chicago, IL 60634 Tel: 773-589-2017 Fax: 773-589-0617 www.saintdominick.com Business Plan 1. Executive Summary St. Dominick Day Care is a successful corporation operating for over 8 years. It provides child care and education rooted in Catholic tradition. It is led by experienced management who built the business from the ground up. The day care is currently fully booked and has a long customer waiting list. In order to offer its services to waiting and new customers, the day care is actively pursuing an expansion into a new location. 2. Mission Statement St. Dominick's Day Care Center is dedicated to ensuring prosperous, peaceful, and dynamically progressive 21 century. By educating and raising adults of forthcoming decades we are in fact exercising a tremendous amount of influence on how the future of the world will look like. Through Christian love of our clients, excellence as a measure of everything we do, and discipline of our approach we provide fertile grounds for children placed in our care to succeed and reach their fullest potential in making Earth a better place. We dream big and place those dreams in the smallest hands of our children. 3. Program Philosophy We strongly believe that childhood is the most critical and fertile period of development of attitudes, habits, capabilities, and skills. We believe that each child is unique and has their own individual strengths that should be developed to their fullest potential. We believe that children like to be successful and they are happiest when they have mastered a skill or solved a problem. It might be done through play which is a child's the most important work. Thereby we have made a strong commitment at the center to provide a safe, rich, and supportive child oriented environment, where each child is encouraged to explore and challenge to learn. We all are learning while sharing and making choices, while experimenting and exploring, while helping each other and also while making mistakes. But we still respect each other, we see our differences, and we develop self-esteem. While working with partners or with groups we are making friends and develop social- competence as well as our strong leadership confidence such important in our future life. By experiencing the world through play, each child acquires social, emotional, motor, cognitive, and language skills. Thus, the curriculum is the play - based, developmentally appropriate, thematic unit model. The objectives of our curriculum are as follows: · Social Throughout the day, your child will have plenty of group motivational activities and partners interactions to practice cooperation, sharing, taking turns, helping others and sharpening his/her leadership skills while playing in group. St. Dominick Day Care... it's a great beginning! . \)S2", ~' '\ ,\, ..... .0 .Q:;'",. '(' ~,tt,-.~ 1) Cl 1;11 \') St. Dominick Day Care 4148 N. Pontiac Ave. Chicago, IL 60634 Tel: 773-589-2017 Fax: 773-589-0617 www.saintdominick.com Emotional While opening the door to our center, your child will be affected by a variety of feelings, emotions and moods of other children. Being in a group setting is a great opportunity to develop self-expression skills by verbalizing own thoughts, feelings and emotions in a positive constructive way while respecting our friends. In a day care center, we learn that each child is unique and has own feelings and emotions. And we learn how to play together, how to work together, how to cooperate, and the most important: how to solve our problems. It builds up our strong self-esteem, self confidence, self-discipline, and we become capable of making smart decisions. · Motor Our program promotes fitness, healthy living and fun. Every day, we offer our children physical exercises at different levels, to promote good coordination, balance, and a good posture. Daily outdoor activities allow children to strength their muscles, improve coordination and general fitness as well as enjoy the freedom of space. · Cognitive Children are introduced to a variety of activities that encourage exploration, experimentation, and problem solving. Academic skills are learn every day through a variety of learning elements, such as language arts, music, math, science, art ,and dramatic play. Among others, we are proud to offer a strong foundation for math skills by comparing, measuring, sorting, sequencing. Through hand-on activities we learn to graph, estimate, count, recognize numbers and put them in order. All of this is done in a pleasant, encouraging atmosphere, where there is no wrong answer, and everyone has a right to try again. · Language Through variety of materials and language activities such as story dictating, finger play, flannel board stories, acting out and mini drama, children will enlarge their vocabulary every day, they will improve their verbal skills, they put their ideas into words, develop sentence structure, and build a strong foundation for a life lasting love for learning. Cultural We loosely follow Catholic calendar throughout the year. We will incorporate various traditions and some of major celebrations into our program. Children will have an opportunity to discover and experience emotions and forces that have shaped our culture. Through hands on participation they will grow awareness of spiritual side of human beings. A very strong emphasis is placed on tolerance and acceptance of others regardless of their personal beliefs. 4. Past Business Description St. Dominick Day Care is a home care center operating since June of 1999. It is licensed by the state of Illinois and follows appropriate regulations set by the Department of Children and Family Services. Initially it operated as a sole proprietorship but in 2003 was reorganized as an Illinois corporation. As a home care center it is being run out of a private house, located at 4148 N. Pontiac in Chicago. Despite being located in household settings, St. Dominick is a full fledged day care. It strives to teach its clients, the attending children, basic social skills and age appropriate behaviors. It lays groundwork in language skills, music appreciation, physical movement abilities, basic reasoning skills, and other essential capabilities the youngest children must master. It fosters social skills appropriate in the context of a St. Dominick Day Care... it's a great beginning! St. Dominick Day Care 4148 N. Pontiac Ave. Chicago, IL 60634 Tel: 773-589-2017 Fax: 773-589-0617 www.saintdominick.com group that often cannot be adequately conveyed by parents at home. It also provides ample opportunity for fun and play throughout day's activities. Former education is rooted in the authentic Catholic Christian values. Moral and spiritual concepts are instilled throughout the curriculum and every interaction. Teachers treat children with respect and loving attention. Children are in turn expected to show the same to their classmates. Along with parents, teachers strive to establish a nurturing community that will help children grow spiritually as well as academically. St. Dominick Day Care is recognized as a quality educational center by these people whose opinion counts the most: the parents. The day care has traditionally relied on a word-of-mouth advertising. Enthusiastic parents tell their friends about the wonderful place their children attend. As a result, the day care has a long customer waiting list. Parents are known to sign up even while the mother is still pregnant with the baby! In addition, the day care has been recognized institutionally as well. In January 2005, it has been awarded the Quality Counts Grant sponsored by Action For Children. The grant recognizes day care centers committed to raising the standards of education. Ever since its inception, St. Dominick had been providing care in the Polish language to children of Polish ancestry. In doing that, the management has recognized a great and often unfulfilled need of Polish- American families to maintain and cultivate the parents' traditions and heritage at the earliest age. A desire to pass on to children some appreciation for the "old country's" culture while making sure that they assimilate in the culture of the "new home" is something that every emigrant family struggles with. St. Dominick allows this process to take place in a fun and practical way that appeals to children and provides a good learning context. The business currently is licensed to care for 13 kids at a maximum. The number of active customers is 20 though, as some children do not attend the day care every day. In addition, the business has a waiting list consisting of 12 children. Over its lifetime St. Dominick has had 44 clients. The experience of dealing with a significant number of customers is a valuable asset. It prepares the management well for working in a context of a bigger operation. 5. Business Expansion Because of the limitation on the number of children a home center can care for, St. Dominick Day Care has reached the limit of its capabilities. The only way to reach and serve a wider customer base is to expand to a bigger site. Such relocation would provide an opportunity to serve a bigger number of customers. 6. Benefits of a New Site An important part of the expansion plan is selection of a new site. The owners of St. Dominick have spent over three years searching for a property suitable to be a day care. A perfect site would be easily accessible by both customers and employees, have enough space to house all functions essential to St. Dominick Day Care... it's a great beginning! St. Dominick Day Care 4148 N. Pontiac Ave. Chicago, IL 60634 Tel: 773-589-2017 Fax: 773-589-0617 www.saintdominick.com running a day care, offer enough parking spaces to be functional and satisfy local zoning ordinances, and have an outside area big enough for a playground. That complex set of requirements eliminates most of the commercial real estate available for purchase or lease. The site currently being considered for the relocation of St. Dominick Day Care is a free standing building at 2020 E. Camp McDonald Road in Mount Prospect. The building is located near the intersection of Camp McDonald Road and busy Des Plaines River Road in Mount Prospect. The site is located close distance to many of the towns St. Dominick's past and current customers have come from. Its proper location is in Mount Prospect. Its proximity to the major thoroughfares places the site few minutes away from Glenview, Des Plaines, Park Ridge, Niles, Arlington Heights, Prospect Heights, Wheeling and others. These towns historically have been home to many residents of Polish ancestry, which would be the primary target customer group. Mount Prospect as well as surrounding communities are constantly being developed with multistory condominium complexes. These areas are densely populated with mixed retail and condominium complexes. A significant percentage of occupants of these condominiums are young families which often need good quality day care services while they pursue professional careers. Many of these apartments are rented out which broadens the population cross section even more. Des Plaines River Road, nearby Milwaukee Avenue, as well as Willow Road are busy throughout the day and offer access to plenty of potential customers. 7. Management St. Dominick Day Care started out as a sole proprietorship owned by Elzbieta Szeszko. When the day care incorporated, Elzbieta took on a role of President and Executive Director. Her duties include day to day business operations, coordination and overseeing of educational program, supervision of teaching staff, and others. Elzbieta Szeszko holds an associate degree from Triton College in Early Childhood Education. Following completion of studies, she had worked for a year in a private day care in a position of a head teacher. After a three year maternity leave she started St. Dominick Day Care in her house. For the first 3 years of operation of the day care, Elzbieta was the head teacher. While working in that capacity she successfully combined structured classroom instructions with full time child care. As the business grew, she hired her teaching replacement and concentrated more on business duties. 8. Daily Schedule of Activities Sample schedule of activities for the group of 4/5 years old: Start Time I End Time I Activity St. Dominick Day Care... it's a great beginning! , \l S .2 L. ~'l.' <'0 ,V ::". '''~''. ,. '~ 'J', ~I ':' I,., "}A .::":' . 1) (') 11') \9 ' St. Dominick Day Care 4148 N. Pontiac Ave. Chicago, IL 60634 Tel: 773-589-2017 Fax: 773-589-0617 www.saintdominick.com 6:30 7:15 arrival, free play 7:15 7:45 breakfast 7:45 8:30 small motor activities 8:30 8:45 circle time (song of the day, calendar, introduction of the theme of the day) 8:45 9:15 learning centers 9:15 9:30 clean up time, toileting 9:30 9:45 morning snack 9:45 10:00 mUSIC 10:00 10:30 subject of the week (math, writing activities, science activities, manipulative games) 10:30 11: 15 outdoor activities (large motor activities) 11:15 11:30 toileting 11:30 12:00 lunch 12:00 12:15 clean up 12:15 12:30 story time, toileting 12:30 2:00 nap/rest 2:00 2:15 toileting 2:15 2:45 afternoon snack 2:45 3:30 large motor activities, outdoor (if possible), cooking activities 3:30 4:00 art activities 4:00 4:30 clean up 4:30 5:30 learning centers (free play) 5:30 6:00 story time, clean up time, departure We try to follow our daily schedule, but sometimes we will go with the flow incorporating other activities where they work best that particular day. We do not, however, change the time designated for eating and resting. St. Dominick Day Care ... it's a great beginning! File Number 6272-512-5 To all to whom these Presents Shall Come, Greeting: I, Jesse White, Secretary of State of the State of Illinois, do hereby certify that ST. DOMINICK DAY CARE CORP., A DOMESTIC CORPORATION, INCORPORATED UNDER THE LAWS OF THIS STATE ON FEBRUARY 25,2003, APPEARS TO HAVE COMPLIED WITH ALL THE PROVISIONS OF THE BUSINESS CORPORATION ACT OF THIS STATE RELATING TO THE PAYMENT OF FRANCHISE TAXES, AND AS OF THIS DA TE, IS IN GOOD STANDING AS A DOMESTIC CORPORATION IN THE STATE OF ILLINOIS. In Testimony Whereof, I hereto set my hand and cause to be affixed the Great Seal of the State of Illinois, this 20TH day of MARCH A.D. 2007 ~~~ Authentication #: 0707900168 Authenticate at: http://www.cyberdriveillinois.com SECRETARY OF STATE d] GX~~~~ ~,I,~n 'EEl General Notes 1, As-built for general layout only, Drawings shall not be used for pricing purposes. This space has not been field verified for accuracy. Saint Dominick Daycare 2020 E. Camp McDonald Rd. ML ProSJMct, IIUnola studio e design j swtd 'Da1.. 11\1I:. IU S. s.:;::.i 0r1~ nu..-l.-..,. nlas-_tal/fa _.........Iddn1p.a-1 T 1;12007 StL.ldlo3 Design, Inc. 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M()unt Prospect Departm~llt (Jf C0111lnUnilY Develop1'ilenl 50 South Emerson Street, tvlotlnt l>tc>spect Hlin()is . wv.'W.mOtllltpt{)spect()rg 4 Ph\me847.8185328 Fax. 847.8J8.5329 'tOO 847.392.6064 St. Dominick Day Care 4148 N. Pontiac Ave. Chicago, IL 60634 Tel: 773-589-2017 Fax: 773-589-0617 www.saintdominick.com 1. Conditional Use The property at 2020 E. Camp McDonald Road in Mount Prospect is zoned B3. Operation of a day care is permitted in such a zoning under the conditional use rules. In fact the current use of the property is for the purpose of running a Montessori school. The school cares for children 3 years old as well as school aged children. The proposed use of the property by St. Dominick Day Care would continue the use of the property for the same purpose. The property does not pose any hazardous or disturbing conditions to its existing neighbors. It does not produce any industrial waste or any other substances released into neighborhood. Day care's operating procedures do not create any hazardous or otherwise disturbing conditions in the neighborhood. The proposed day care will not produce any industrial output or any other substance that could be deemed detrimental to the neighborhood. The operation of the proposed day care does not involve demolition of any natural, scenic or historic features. The current operator has been located in this property for close to 20 years. Through this time it has always operated in harmony with its neighbors. St. Dominick Day Care has been operating in its current location over 8 years. It has always enjoyed good relations with its neighbors. Relocation to a new facility would only heighten our desire to be a good neighbor and a responsible business. 2. Property Appearance and Use The existing building is fully integrated into its neighborhood. It presents a carefully maintained facade to the Camp McDonald Road. Its grounds are well taken care of. The existing monument sign in front of the building is well fitted within its surroundings. The school's playground is in the rear of the property where it offers the most safety to its little occupants. Neither the building nor the day care operation would pose any hazards or disturbance to the neighborhood. As St. Dominick Day Care takes over of the operation of the property it does not plan to change significantly its external appearance. There are only few minor changes expected: 1. Installation of a lighted sign on the East building wall. The sign would be installed on the East building wall, in the top left comer of the wall. The sign would offer the day care a chance to capture attention of traffic on River Road. The sign would be visible from River Road but not from any of the residences along Camp McDonald Road. The sign's size, design, and appearance would be muted and conservative. 2. Restoration of a car garage. During remodeling phase of the building conversion process a garage will be restored back to its use. The building was originally built with an attached garage. The space, however, is currently used as St. Dominick Day Care ... it's a great beginning! St. Dominick Day Care 4148 N. Pontiac Ave. Chicago, IL 60634 Tel: 773-589-2017 Fax: 773-589-0617 www.saintdominick.com additional storage. After the conversion the garage will be restored to its original use. It will provide a covered parking space. 3. Installation of a sliding gate The gate would be located on the West side of the building, as per the site plan. The gate would normally be opened except for the times when the children are out on the playground. The children could be outside any time between 10:30 am and 2 pm. Various classrooms would be outside during some part of that time. Children are expected to be outside according to their activity plan for between half an hour to an hour at a time. The gate would greatly enhance the security of the playground when it is in use. It would add to the safety of children. It would prevent unauthorized persons from entering the playground unnoticed. It would also prevent children from accidentally running out onto the street. The gate, when closed, would prevent the cars parked in the four North most parking spaces from leaving. These spaces would normally be occupied by teachers. The teachers do not leave the school while the children are out in the playground. Such a use of the property would provide increased security of the kids while preserving the most number of parking spaces and in the most convenient part of the property to the customers. 4. Installation of additional egress door. As part of the building renovation an additional egress glass door would be installed in place of the existing, unused garage door. The remaining part of the garage door opening would be filled in with matching brick. This change would enhance traffic flow into and out of the building. It would also clean up the building facade facing Camp McDonald Road. 3. Public Services and Utilities The operation of a day care from the 2020 E. Camp McDonald building does not place any undue burden on the public services and utilities. The current facilities are adequate and plentiful. The building is already connected with the Mount Prospect Fire Department through its fire and burglar alarms. In addition, the substitution of the current school operation with a day care operation and continuation of the same use of the property would not diminish the service that the existing day care contributes to amenities of the neighborhood. Families interested in relocation to a neighborhood might consider a local day care as an added benefit. Thus presence of a day care in a given area my increase the appeal of that area and maintain or boost real estate property values. The proposed day care will not be a burden on the existing public facilities of the area. 4. Day Care Licensing St. Dominick Day Care is aware of municipal and state regulations pertaining to operation of day cares. St. Dominick Day Care is fully licensed by State of Illinois and City of Chicago for the operation of the day St. Dominick Day Care ... it's a great beginning! . \) S Z L. ,~C ~\~~CJ~ :"'''''"~ 'j) t) '1) \, ,,) S1. Dominick Day Care 4148 N. Pontiac Ave. Chicago, IL 60634 Tel: 773-589-2017 Fax: 773-589-0617 www.saintdominick.com care in its current location. Once the new location has been obtained St. Dominick Day Care will apply for appropriate licenses. All applicable laws and ordinances will be followed to their fullest extent. 5. Pick Up and Drop Off Procedures As parents or other authorized guardians arrive with their children they would park their car in the parking lot. They would go to the main entrance and unlock the main door using their pre-assigned entrance code. A suitable keypad will be mounted just outside the main entrance. Opening the door with the code will be recorded in the day care computer log with a timestamp and id of the entering party. A parent entering through the main door "behind" somebody else will be required to use one of the log-in terminals in the lobby in order to perform the sign in procedure. This procedure will be equally quick and will entail entering the pre-assigned parent code via a computer keypad. The parent will then proceed with their children to their assigned classroom. The parent will undress their child and bid him or her good bye. In the afternoon, parents picking up their children would follow a similar procedure. They would also be required to sign out using either an entrance keypad or a log-in computer station. A routine pick up or drop off procedure is not expected to take more than 10 minutes. 6. Use of the Parking Lot The current school operation at the property provides 15 outside parking spaces. It operates with 12 full time employees and 2 part time employees. It cares for 60 children. If St. Dominick Day Care ever reaches full desired capacity it will provide care for 72 children on weekdays. In compliance with state and local laws, at that time it will employ 10 full time employees. In addition to the existing 15 outside parking spaces St. Dominick Day Care will provide an additional covered parking space within the garage attached to the building. Thus the total number of parking spaces on the property would be increased to 16. Although that is less than the 17 spaces required for such an operation by the city code we would like to ask for a variance in this matter. We believe that the pick up and drop off patterns exhibited in similar day cares will work well within the existing property infrastructure. The instituted pick up and drop off procedures are designed to streamline the routine arrival and departure of children and their parents. The proposed procedures should minimize adverse impact of day care operation on traffic in the neighborhood. The day care would be opened on weekdays from 6:30 am to 6 pm. There are typically very few parents that require early opening hours and/or late closing hours. Most parents would arrive with their children 81. Dominick Day Care... it's a great beginning! St. Dominick Day Care 4148 N. Pontiac Ave. Chicago, IL 60634 Tel: 773-589-2017 Fax: 773-589-0617 www.saintdominick.com within the two hour window from 8 am to 10 am. They would also pick up their children between 3:30 pm and 5:30 pm. A handful might stay until 6 pm. At the time of signing up for day care services parents must specify expected times of pick up and drop off of their children. This declaration is absolutely necessary in order to ensure proper staff to children ratio at all times. Because of this standard parent arrival and departure times can be predicted fairly accurately. A routine pick up or drop off procedure is not expected to take more than 10 minutes. Assuming a full licensed capacity of 72 children, the required staffing levels, a relatively normal distribution of parents picking up and dropping off children during the peak hours, the following chart shows anticipated parking occupancy throughout the day in 10 minute intervals. Number of occupied parking spaces ~ E: I tn 16 14 12 10 8 6 4 2 o ~ ~ ~ ~ ~ ~ ~ <;.~ <;.~ <;.~ <;.~ <;.~ <;.~ <;.~ 6'?\) ""f> co~\) Cij~ Cij<f ,.."of ,..",,~ ,.."rt,f' ~~\) rr,.~ rr,.<f nstf ~f ~f> Time I. Staff 0 Parents I On a typical day a few children arrive before 8 am. Specifically, the above calculation assumes 9 children arriving before 8 am. The majority of children then arrive between 8 am and lOam. In the afternoon, most St, Dominick Day Care... it's a great beginning! ~,\) sz~^ ~\~f" ",tI~!"!'l :1' ~." ~~ fr_ "JA"," d . ,)' J) (~ "1)1 \ St. Dominick Day Care 4148 N. Pontiac Ave. Chicago, IL 60634 Tel: 773-589-2017 Fax: 773-589-0617 www.saintdominick.com children leave between 3:30 pm and 5:30 pm. In the calculation only 5 children are shown to leave the day care outside of this time window. The number of staff present at the premises tracks the number of children needing supervision. This exercise tracks normal day care operation fairly well. It demonstrates that the property would be able to handle routine daily operation without any problems. The diagram shows that even during the busiest drop off time, between 9 am and lOam, the parking lot would be able to handle the traffic. Furthermore, during majority of the operating hours a significant portion of parking spaces would be unoccupied and available. St. Dominick Day Care ... it's a great beginning! III en fii ::l:: o ""'(J 0> @ ::l Ui ~Ul o ~a"'1~ 0 v ~Ul "'1~ O~ <?a ~ v <? Ul "'1~ o .9. "'1~ .Q V~ ~Ul ~ o 70. "'1~ .00 7C?Ul "'1~ o 77. "'1~ .00 77. "'1~ .<.TO ~. "'1~ .Q V..o ~;X ~ ::! 0..0 ~ ~a ~ V..o ~Ul ~ 0..0 ~a ~ V..o ~;X ~ 0..0 ~a ~ V..o ~Ul ~ 0..0 ~a ~ V..o ~Ul ~ 0..0 ~a ~ V..o ~Ul ~ 0..0 ~a ~ V..o ~ Spaces in use I\.) ..... o ..... .j:>. ..... I\.) .j:>. 0) 00 ..... 0) Z r::: 3 C" (I) .., o .... o (") (") r::: "0 CD" C. "0 cu .., ~ ::::s c.c Ul "0 cu (") (I) Ul 1425 Brummel St. Elk Grove Village. II. 60007 N TOPOGRAPHrCAL-ALTA/ACSM-BOUNDARY-SUBDIVISION~-MORTGAGE-CONDOMINIUM Phone: (847) 734-0530 Fax: (847) 734-0533 :It; (jj)00/ ORDER NO. 07-1LlO W E S Scale - 1 inch ~ 25 feet PLAT OF SURVEY of LOT liNVENTURERESUBDIDSIONOF PARTOF LOT "A" iNWOODVIEWUNlTNUMBER TWO,ANDALL OF LOT liN CENTER'S SUBDIVISION OF PART OF LOT" A" iN WOODVIEW MANOR UNIT NUMBER TWO, BEING A SUBDIDSZON OF PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 42 NORTH, RANGE II. EAST OF THE THIRD PRlNCIP AI MERIDIAN, IN COOK COUNTY. IUJNOlS. COMMONLY KNOWN AS: 2020 E. CAMP MCDONAW RD., MOUNT PROSPECT, IL. '" ~~ il~ M~ 10 FT. PU8uc~nuTY EASEMENT -- ~ ~d2.. o. ~~o. rJ:'\~ ./~ ,. It rJ1' ~rJ.o~o ,p ~ .<;. rJ. i:i- '.V~ ~P.' ~p~\~ ~:~ ~~r,.':J~~0 \~~\~ ..,1':p REC. '" !.lEAS. r:J'-to 60.0 rf>1' ~ 9 rJ1' 0-' ~ -to o~~ ,i~rJ. o.,p \~rJ. ~~O.,l ( rJ1' ~~ o~ ~rJ. \~rJ. rf1' REC. '" !.lEAS. 9 40.0 BLACKTOP PARklNt; rJ1' O~ ~o<,?~ -to,p "'. p.~ 0 ~~~ 01' \if' o-,p ,jl~\~~~rJ. ~~!rJ. \~ ~~~~ os " ~ " ~ ~ ':! ~ REC. k "'EAS. 125.0 EDGE PA VEA/ENT E. CAMP McDONALD RD. NOTE: 771e legal description noted 0/1 thu pIJJt is a copy of tile laJ1d J'Jl1'Ve;I' order placed by the clif!1lt o.ndfor accuracy MUST Be compared with the Deed. Far building rutricJiolJS refer to your Abstract, !ked. or Contract. C01flJ1fln dutllncu be~mpoints before building and report arry aucrepancy to thts office immedkltely. State of R/inois) County of Cook ) DimensiO/lS shown hereon are 1IIJt to be assumed or scaled. JENS K. DOE PROFESSIONAL LANDSURYEYORS, P.C, does hereby certify that a survey has been made under its direction, by an nTilWis Professional Land Surveyor of the property described hereon and that the plat hereon drawn is a correct representation of said survey. Dime1lsiv1IS.shown weon rue infeet and decimal paris thereof. Property comers Jun>e been estllblisheJ to complete the plat of survey znOWll heno" but /urve not bun zlahd 01' flogged. per th.land.nuvey ordu In whicn It W4f pl4ced by the client. Chicago,Rlinois,Datedthis 11th Day of December ,2007. This professional service conforms to the current Illinois m,'nimum standards for a boundary survey. Field work compledon date: December 10, 2007. JENS K. DOE PROFESSIONAL LAND SURVEYORS, P.c. c~~~ DOMINICK M. BLlm1CK ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3390 UCENSE EXPIRAnON: II - 30- 08 ORDERED BY, GREG SZESZKO \ \ i \ i '\ i '\ : \ , ' : \ - ( , g: \ , : \0'-0" EXIST FENCE " \ \ \ ( r - -\- - - - - - : \ ,16 , ( \ \ GARAGE 5 . , 'L r.J , \ fJ \ \ 10' PUBLIC UTILITY EASEMENT 1 -~ l' EXIST OUTDOOR PLAYGROUND AREA OF NEW PAVING , t (DSite Plan ,ffi 1 Scale: 1/16" "" 1'..()" 'C17 General Notes 1. Dimensions are approximate. 150' 30'-0' i-----------4 ~ : EXIST FENCE ~ EXIST SIDEWALK , - EXIST : GRASS AREA-~ \ ~ AREA OF NEW PAVING EXISTING ONE -STORY MASONRY BUILDING WITH PARTIAL METAL MANSARD ROOF 2 I 3 \ \ , \ EXIST SIDEWALK MAIN ENTRY - EXISTING DRIVE AND PARKING LOT 16 TOTAL PARKING SPACES (14 PARKING SPACES + 1 H.C. SPACE + 1 GARAGE SPACE) - 1 15 H.C. \ \ 11 I 10 I 9 I 8 I I 7 I 6 I 5 I 4 I \ , , NEW FENCE AND - EXIST 1 SLIDING GATE GRASS AREA- :--- PROPERTY LINE .............-._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._....J 155' 14 13 12 EXIST FENCE Saint Dominick Daycare 2020 E. Camp McDonald Rei. ML Prospect, IIIlnol_ studio e destgn -Stu41crI ....,. :Ene. J21$.~:' Dtap, IlUn.t&-1OIG7 met_W/f_ _.u&IiIII1~._ Cl <( o 0::: Cl ~ = o Cl U = a... = <( U Cl2007 Studio3 DBslgn,lnc. Revision Dilts City Review 12/10107 Project III: 1010:2A Scale: A3 Noted Site Plan A001 2-3YR OLD [JJQ] 624.77 SF 23'-10" X 36'-0" MECH RM [jJ}J 55.60 SF 4'-8" X 12'-0 RM MECH RM [JJ]J 25.00 SF 5'-0" X 5'-0" CLOSET [ill] 5.45 SF 1'-7"X3'-5" MULTI-PURPOSE ~ 393.83 SF 20'-2" X28'-1" RM CLO O]ill 15.32 SF 7' -8" X 2' -0" CDfl~~~:,I,~n 'EB General Notes 1. Preliminary Space Plan drawing for general layout only. Drawings shall not be used for pricing purposes. Dimensions and square footages are approximate. This space has not been field verified for accuracy. 3-4YR OLD [JJ]J 747.10 SF 46'-2" X 18'-0" RESTRM [ill] 24.17 SF 5'-0" X 4'-10" CLOSET [JJ]J 1 0.00 SF 2'-0" X 5'-0" SPRINKLER RM lliQJ 45.00 SF 9'-0" X 5'-0" 3-4YR OLD [IIj] 768.13 SF 44'-3" X 17'-8" Legend = Existing Partition. to Remain C=====::J Existing Partition" to be Demolished (not shown on plan) _ Full Height Partition. New Saint Dominick Daycare 2020 E. Camp Mc:Don.dRd. Mt. Prospect, I1Unol_ studio e design I,-".,.....t... 1-=. 1215. -=:::. arr~n\tll8t..~ .au as-_ td I fax 1IIlII'."'StulttaNntp.n- C2007 Studlo3 Desfgn, Inc. RevIsion Date As-BuJlt 12105107 City Review 12110107 Project#: 1010:2A Scar.: 1/6"'" 1'.0. Floor Plan A 100 t CERTIFICATE OFMEMBERSHIP Elizabeth Szeszko is an Miiliate Regular member in good standing of the National Association for the Education of Young Children and its affiliates: Midwest AEYC, lllinois AEYC, Chicago Metro AEYC. $4ACk( /I,~~ I' Mark R. Ginsberg, . D. NAEYC Executive Director Member No: 860533 Expiration Date: 12-26-2005 -. - --.. - .,. .. mla 02/12/08 jc 02/11/08 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 2020 CAMP MCDONALD ROAD WHEREAS, Gregory Szeszko, ("Petitioner") has filed a petition for a Conditional Use permit and Variations with respect to property located at 2020 Camp McDonald Road, ("Property") and legally described as follows: Lot 1 in Venture Resubdivision of part of Lot "A" in Woodview unit number two, and all of lot 1 in Center's Subdivision of part of Lot "A", in Woodview Manor unit number 2, being a subdivision of part of the southeast quarter of section 24, Township 42 north, range 11, east of the third principal meridian in Cook County, Illinois. Property Index Number: 03-34-416-027-0000 and WHEREAS, the Petitioner seeks a Conditional Use permit to allow a daycare facility in the B3 (Community Shopping) zoning district and Variations to allow (sixteen)16 parking spaces and 78% lot coverage; and WHEREAS, a Public Hearing was held on the requests for a Conditional Use permit and Variations being the subject of PZ-02-08 before the Planning and Zoning Commission of the Village of Mount Prospect on the 24th day of January, 2008, pursuant to proper legal notice having been published in the Journal & Topics Newspaper on the 9th day of January, 2008; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the requests being the subject of PZ-02-08; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit for operation of a day care center and Variations to allow: (a) - sixteen (16) parking spaces and (b) - 78% lot coverage as shown on attached "Exhibit A" would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That the Conditional Use permit to operate a day care center being the subject of this Ordinance is subject to the following conditions: E Page 2/2 PZ- 02-08, 2020 Camp McDonald Road 1. The St. Dominick Day Care facility will be developed in general accordance with the floor plans prepared by Studio 3 Design dated, January 22, 2008; 2. The St. Dominick Day Care facility will be developed in general accordance with the site plan prepared by Studio 3 Design, dated January 22, 2008; 3. The facility shall meet all Building Code & Fire Code requirements, which include but are not limited to the installation of sprinkler and fire alarm systems and having a design professional prepare an egress analysis as part of the Building permit submittal; 4. The Village reserves the right to review any traffic related matters created by the use and require any necessary measures needed to address them; and 5. Prior to the Village issuing a Certificate of Occupancy, the Petitioner shall obtain the necessary permits and authorizations from the appropriate agencies (DCFS etc.) SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit and Variations, as provided in Section 14.203.F.7 and Section 14.203.C.7 of the Village Code, to allow the development of a daycare center, as shown on the Site Plan dated January 22, 2008 a copy of which is attached to and made a part of this Ordinance. SECTION FOUR: The Village Clerk is authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of February, 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk Village ClerkH:\CLKO\fiIes\WIN\ORDINANC\C USE and varialionsdaycare pz-02-08feb08.doc Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 15, 2008 SUBJECT: PZ-O 1-08 - CONDITIONAL USE AMENDMENT (PUD APPROVAL 3401 S. BUSSE ROAD ARROW ROAD CONSTRUCTION, JOHN HEALY - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-Ol-08, a request to amend the original Planned Unit Development approval, as described in the attached staff report. The Planning & Zoning Commission heard the request at the January 24, 2008 meeting. The Petitioner submitted plans to install two (2) asphalt silos that would not exceed 80-feet in height. There are existing similar silos on-site that are used in the same manner, and also measure 80-feet in height. The site was developed under Cook County regulations and the existing structures received zoning relief when the site was annexed into Mount Prospect. However, construction of the proposed additional silos requires amending the original zoning approval as the height of the proposed silos was not granted code relief as part of the original approval. The Planning & Zoning Commission discussed the request and noted the fact that the Petitioner is in good standing with the Illinois Environmental Protection Agency. There was brief discussion on how the silos would be self-contained and would emit minimal, if any, emissions. The Petitioner clarified that the proposed silos would be located further away from the property lines, almost in front of the existing silos. There was additional discussion on IDOT's recently revised asphalt requirements, which was one of the reasons why the Petitioner was requesting to install new silos, and how the request was in keeping with the existing site conditions. The Planning & Zoning Commission voted 4-0 to recommend that the Village Board approve the request to amend the Conditional Use permit for the Planned Unit Development approval to allow the construction of two (2) silos that measure no more than 80-feet from grade, for the property located at 3401 S. Busse Road, Case No. PZ-Ol-08. Please forward this memorandum and attachments to the Village Board for their review and consideration at their February 19,2008 meeting. Staff will be present to answer any questions related to this matter. . H:\PLAN\PJanning & Zoning COMM\P&Z 2008\MEJ Memo\PZ-OI-08 MEJ MEMO (3401 S Busse Road).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-OI-08 Hearing Date: January 24, 2008 PROPERTY ADDRESS: 3401 S. Busse Road PETITIONER: Arrow Road Construction Company PUBLICATION DATE: January 9, 2008 PIN NUMBER: 08-23 - 300-036-0000 REQUEST: Amend Planned Unit Development Approval (maximum structure height) MEMBERS PRESENT: Richard Rogers, Chair Joseph Donnelly Marlys Haaland Ronald Roberts MEMBERS ABSENT: Leo Floros Keith Youngquist ST AFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Andrew Skic, Building Inspector Ryan Kast, Administrative Assistant INTERESTED PARTIES: Kelly Cahill, John Healy Chairman Richard Rogers called the meeting to order at 7:30 p.m. Marlys Haaland made a motion to approve the minutes of the October 25, 2007 meeting and Ronald Roberts seconded the motion. The minutes were approved 3-0 with Chairman Rogers abstaining. Joseph Donnelly made a motion to continue Case Number PZ-38-07 to the February 28, 2008 Planning and Zoning Commission meeting; Mr. Roberts seconded the motion. The motion was approved 4-0. Chairman Rogers introduced Case Number PZ-OI-08, a request to amend original Conditional Use approval and Variations at 3401 S. Busse Road, at 7:35 p.m. Judy Connolly, Senior Planner, stated that the Subject Property was developed under Cook County regulations and annexed into Mount Prospect in 1982. It is located on the east side of Busse Road, north of the Northwest Tollway, south of Addison Court, and consists of a construction storage yard with related improvements, including multiple silos measuring 80-feet in height. The Subject Property is zoned II Limited Industrial Planned Unit Development (PUD) and is bordered by the II District to the north and east, RX Single Family District across Busse Road to the west, and an unincorporated area to the south. Ms. Connolly said the Petitioner submitted plans to install two (2) asphalt silos that would not exceed 80-feet in height. The silos allow for the storage of completed manufactured asphalt material that will be dispensed into trucks and trucked off-site. There are existing similar silos on-site that are used in the same manner, and also measure 80-feet in height. Ms. Connolly referenced a picture showing four silos. Ms. Connolly stated when the site was annexed into Mount Prospect, the Village granted specific Variations for existing site conditions that would allow the Petitioner to maintain the existing asphalt manufacturing/refining operation. The Village Attorney reviewed the 1982 annexation agreement and ordinances granting zoning relief and found that, although there are existing 80-foot asphalt silos that received zoning relief, the proposed new silos Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-OI-08 Page 2 were not included in the original zoning relief. Therefore, the Petitioner is seeking to amend the original PUD approval to allow for two (2) new asphalt silos that measure no more than 80-feet from grade. Ms. Connolly said that the Subject Property does not meet the Village's current bulk regulations because there are multiple structures that exceed the maximum 30-foot height limitation for the 11 District. Also, it appears several of the material storage areas encroach into the required setbacks. However, as the site was developed under Cook County regulations, and later annexed into the Village, the existing conditions were granted zoning relief and are allowed to remain in their current state. Ms. Connolly stated that the Petitioner's request is considered a major change to the original PUD approval due to the silos' height. As such, Staff reviewed the ordinance granting original PUD approval and the standards for a PUD as listed in Sec. 14.504 of the Village Code. In order for the Village to consider the proposed major change to the PUD, the request is required to continue complying with the PUD standards and the change has to meet specific findings. Ms. Connolly summarized the following: 1. Except as modified by and approved in the final development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. 2. The principal use in the proposed Planned Unit Development is consistent with the recommendations of the Comprehensive Plan ofthe Village for the area containing the subject site. 3. That the proposed Planned Unit Development is in the public interest and is consistent with the purposes of this zoning ordinance. 4. That the streets have been designed to avoid: a. Inconvenient or unsafe access to the planned unit development; b. Traffic congestion in the streets which adjoin the planned unit development; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the Planned Unit Development. Ms. Connolly said Staff found that the request is consistent with the original PUD approval because the operation of the business and the physical on-site conditions will be in keeping with the original approval. The height of the silos will not change the intent of the original PUD approval or increase the intensity of business operations. Ms. Connolly stated that Staff conducted further analysis of the request because Conditional Use approval is required for a PUD. The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. She summarized these findings: . The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; . The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; . Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and . Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Ms. Connolly said that the Subject Property is zoned Limited Industrial and an asphalt operation is a Conditional Use in this district. The Petitioner received Planned Unit Development approval in 1982 to continue operating the Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-OI-08 Page 3 existing asphalt operation. However, the additional silos requires the amending the original approval as the height of the proposed silos was not granted code relief as part of the original zoning approval. Ms. Connolly stated that Staff reviewed the Petitioner's application, visited the site, and contacted the Illinois Environmental Agency (IEPA) to clarify their approval process and understand the possible impacts of the proposed silos. The IEPA confirmed the most recent inspection was done in May 2007 with no 'flags' noted. In talking with the IEP A liaison, Staff learned that the Petitioner's proposal is not considered to be a large source of air emissions: the tanks are designed to contain the product so there will be minimal impact on the adjacent properties. Also, smaller scale projects such as the Petitioner's are inspected every two to three years unless the agency receives complaints. However, there is recourse through the IEP A if anyone wishes to file a complaint. Ms. Connolly stated that based on this information and the fact that the Petitioner is replicating existing conditions; Staff found that the request would meet the Conditional Use Standards noted because the silos are allowed under an existing EP A permit. The site is inspected on a regular basis and the Petitioner's request is not considered a large source of air emissions. Therefore, the request would have minimal impact on the adjacent properties. Also, the IEP A has a recourse system in place should residents find otherwise. Ms. Connolly stated that the request to amend the original zoning approval to allow the construction of two new 80-foot tall asphalt silos meets the standards for a Conditional Use contained in Section 14.203.F.8 of the Zoning Ordinance. Based on this analysis, Staff recommends that the P&Z approve the following motion: "To amend Ord. 3289 granting Planned Unit Development approval and allow two additional 80-foot silos, as shown in the Petitioner's exhibit prepared by SEC Group, Inc., dated November 4,2007, for the business located at 3401 S. Busse Road, Case No. PZ-OI-08." Ms. Connolly said the Village Board's decision is final for this case. Chairman Rogers stated that there would be two new silos creating a total bank of six (6) next to the toll road overpass on Busse Road in an industrial area. Chairman Rogers swore in Kelly Cahill, Attorney for Arrow Road Construction, 50 Virginia Street, Crystal Lake, IL and John Healy, President of Arrow Road Construction, 1726 Kay, Wheaton, IL. Chairman Rogers questioned what the Petitioners would be doing with the silos. Mr. Healy gave a brief history of the company. He stated that Arrow Road bought the 3401 S. Busse location in 1962. The property line originally extended to Oakton Street, but the south half was sold when the property line was divided during the building of the tollway. Mr. Healy described his positive relationship with the Village and contributions that Arrow Road has made to the Village. Mr. Healy continued by saying that the original annexation agreement stated that Arrow Road would enhance and promote the general welfare of the Village. He believes that the request tonight would do the same as the original annexation agreement. Mr. Healy referenced a handout provided to the commission in regards to the dimensions of the silos. These silos are a quarter-inch roll steel cylinder measuring 65 feet in height from the deck to the top of the legs. They contain a complete asphalt manufactured product (95% aggregate and 5% liquid asphalt). The silos sit over truck scales and dispense the asphalt directly into the trucks. Mr. Healy stated the purpose of adding two silos to create a total of six allows for operational flexibility and a control over the final product inventory. Mr. Healy added that the addition of silos would not increase the intensity of his operation. He also said that over the years, the Illinois Department of Transportation (IDOT) has requested changes of asphalt mixtures. There are different recipes or mixture designs. Each silo would contain a different mixture. This is a seasonal business and different mixtures fill IDOT's needs and requirements. Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-O 1-08 Page 4 Mr. Healy said that they are helping with the green initiative. The company is a member of the National Asphalt Pavement Association and the Illinois Asphalt Pavement Association. Through these agencies, they are a promoter of new mixes: poures asphalts, polymer modified asphalts, warm mixture asphalts, stone matrix asphalts, polymer sand mixes, and advances in recycling. Their plant is used by IDOT to test these mixes. Mr. Healy feels that the addition of silos would not create harm for the neighbors. Their current EPA permit allows for construction up to eight silos. They are only requesting two to bring the total to six. The silos are to be installed within the existing footprint of the plan. The two silos would be adjacent the two silos that are currently in the middle. As the silos contain the product, there is not risk of dust, smoke, or anything hazardous. Mr. Healy stated that the development of the silos complies with the regulations of the zoning district. The silos are consistent with the principle use when the property was annexed in 1982. He stressed once again that the silos would not increase intensity of the approved use. The silos would only help with the finished product inventory, create operational flexibility, and would decrease waiting time. Mr. Healy said that the petition seeks to replicate the silos currently on the property that measure 80 feet in height. He referred to a letter that was provided by the National Asphalt Pavement Association. The letter stated that the Association recognizes the plant as showing good practices. Mr. Healy concluded by requesting the Commission's support be consistent with the Staff's recommendation. Chairman Rogers stated that Arrow Road is a good neighbor and well represented in the community. He thanked Mr. Healy for what they have done in the community. Chairman Rogers asked if there were any questions for the Petitioner. Joseph Donnelly asked if there would be a logo or other adverting placed on the silos. Mr. Healy advised that a company logo would be placed on the silos. Mr. Donnelly clarified that no additional advertising would be placed on the silos; Mr. Healy confirmed that was correct. Chairman Rogers called for additional questions or comments; hearing none, the public hearing was closed at 7:50 p.m. Ronald Roberts made a motion to approve Case Number PZ-OI-08, a request to amend original Conditional Use approval and Variations at 3401 S. Busse Road. Richard Donnelly seconded the motion. UPON ROLL CALL: AYES: Donnelly, Haaland, Roberts, Rogers NAYS: None Motion was approved 4-0. After hearing four additional cases, Joseph Donnelly made a motion to adjourn at 10:08 p.m., seconded by Ronald Roberts. The motion was approved by a voice vote and the meeting was adjourned. ;4~ Ryan Kast, Community Development Administrative Assistant HIPLAN\Planning & Zoning COMM\P&Z 2008\MinutesIPZ-OI-08 3401 S Busse Rd (Arrow Rd).doc Arrow Road Constmction Co. 3401 South Busse Road - P.O. Box 334 · Mount Prospect, Illinois 60056-0334 Phone: 847-437-0700 · Fax: 847-437-0779 Algonquin Plant Phone: 847-658-1140 Fax: 847-783-6697 Carpentersville Plant Phone: 847-783-6680 Fax: 847-783-6697 January 28, 2008 Mr. William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 RE: PZ-01-08/3401 S. Busse Road Arrow Road Construction Co. Dear Mr. Cooney: The Planning and Zoning Committee recommended approval of our request to amend our Planned Unit Development and allow the construction of two (2) asphalt storage silos, measuring no more than 80 feet from grade, by a vote of 4-0. Our request is scheduled to go before the Village Board for the Ordinance's first reading on February 19,2008. We are requesting that the Village Board waive the second reading, tentatively scheduled for March 4, 2008, and take final action at the February 19,2008 meeting. We are anxious to start the project as soon as possible due to the seasonality of our business. I appreciate your assistance in facilitating this request. Should you have questions or require additional information, please feel free to contact me at (847) 437-0700. Sincerely, Arrow Road Construction Co. CJ:;:~t/() President JFH/mg cc: David McArdle Zukowski Rogers Flood & McArdle /bc: Judith M. Connolly, AICP Senior Planner Village of Mt. Prospect CASE SUMMARY - PZ-OI-08 Village of Mount Prospect Community Development Department LOCATION: 3401 S. Busse Road PETITIONER: Arrow Road Construction Company OWNER: Harris N.A. as Successor Trustee to Bank ofNaperville under Tr. # 4406 / Arrow Road Construction Company PARCEL #: 08-23-300-036-0000 LOT SIZE: 6.65i: acres ZONING: 11 Limited Industrial Planned Unit Development LAND USE: Asphalt / construction business REQUEST: Amend Planned Unit Development Approval (maximum structure height) LOCATION MAP \ \ I j\, , \.\.. ''- ", " ''-,,'''' u4' ". .90 '-, .... -""~" "'- '-.G< \S'.90 CI) Tf!~MINALDR MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JANUARY 17,2008 HEARING DATE: JANUARY 24, 2008 SUBJECT: PZ-O 1-08 - AMEND PLANNED UNIT DEVELOPMENT APPROVAL 3401 S. BUSSE ROAD (ARROW ROAD CONSTRUCTION) BACKGROUND A public hearing has been scheduled for the January 24, 2008 Planning & Zoning Commission meeting to review the application by Arrow Road Construction Company (the "Petitioner"), regarding the property located at 3401 S. Busse Road (the "Subject Property"). The Petitioner is seeking to amend its original Planned Unit Development approval to allow two (2) asphalt silos not to exceed 80-feet in height. The P&Z Commission hearing was properly noticed in the January 9, 2008 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property was developed under Cook County regulations and annexed into Mount Prospect in 1982. It is located on the east side of Busse Road, north of the Northwest Tollway, south of Addison Court, and consists of a construction storage yard with related improvements, including multiple silos measuring 80-feet in height. The Subject Property is zoned 11 Limited Industrial Planned Unit Development (PUD) and is bordered by the 11 District to the north and east, RX Single Family District across Busse Road to the west, and an unincorporated area to the south (Willow Way Trailer Park facility). SUMMARY OF REVISED PROPOSAL The Petitioner submitted plans to install two (2) asphalt silos that would not exceed 80-feet in height. The silos allow for the storage of completed manufactured asphalt material that will be dispensed into trucks and trucked off-site. There are existing similar silos on-site that are used in the same manner, and also measure 80-feet in height. When the site was annexed into Mount Prospect, the Village granted specific Variations for existing site conditions that would allow the Petitioner to maintain the existing asphalt manufacturing/refining operation. The Village Attorney reviewed the 1982 annexation agreement and ordinances granting zoning relief and found that, although there are existing 80-foot asphalt silos that received zoning relief, the proposed new silos were not included in the original zoning relief. Therefore, the Petitioner is seeking to amend the original PUD approval to allow for two (2) new asphalt silos that measure no more than 80-feet from grade. PZ-OI-08 Planning & Zoning Commission Meeting January 24, 2008 Page 3 GENERAL ZONING COMPLIANCE The Subject Property does not meet the Village's current bulk regulations because there are multiple structures that exceed the maximum 30-foot height limitation for the II District. Also, it appears several of the material storage areas encroach into the required setbacks. However, as the site was developed under Cook County regulations, and later annexed into the Village, the existing conditions were granted zoning relief and are allowed to remain in their current state. 11 Limited Industrial Minimum Requirements Existinl! ProDosed SETBACKS: Front 30' 25' (west) No chang;e Interior 15' 0' (north/south) No chang;e Rear 20' 0' (east) No change BUILDING HEIGHT 30' 80' - silos No change PLANNED UNIT DEVELOPMENT STANDARDS The Petitioner's request is considered a major change to the original PUD approval due to the silos' height. As such, Staff reviewed the ordinance granting original PUD approval and the standards for a PUD as listed in Sec. 14.504 of the Village Code. In order for the Village to consider the proposed major change to the PUD, the request is required to continue complying with the PUD standards and the change has to meet specific findings. The following list is a summary of these findings: 1. Except as modified by and approved in the final development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. 2. The principal use in the proposed Planned Unit Development is consistent with the recommendations of the Comprehensive Plan ofthe Village for the area containing the subject site. 3. That the proposed Planned Unit Development is in the public interest and is consistent with the purposes of this zoning ordinance. 4. That the streets have been designed to avoid: a. Inconvenient or unsafe access to the planned unit development; b. Traffic congestion in the streets which adjoin the planned unit development; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the Planned Unit Development. Staff found that the request is consistent with the original PUD approval because the operation of the business and the physical on-site conditions will be in keeping with the original approval. The height of the silos will not change the intent of the original PUD approval or increase the intensity of business operations. CONDITIONAL USE STANDARDS Staff conducted further analysis of the request because Conditional Use approval is required for a PUD. The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: . The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; PZ-O 1-08 Planning & Zoning Commission Meeting January 24, 2008 Page 4 · The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; · Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and · Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The Subject Property is zoned Limited Industrial and an asphalt operation is a Conditional Use in this district. The Petitioner received Planned Unit Development approval in 1982 to continue operating the existing asphalt operation. However, the additional silos requires the amending the original approval as the height of the proposed silos was not granted code relief as part of the original zoning approval. Staff reviewed the Petitioner's application, visited the site, and contacted the Illinois Environmental Protection Agency (IEPA) to clarify their approval process and understand the possible impacts of the proposed silos. The IEPA confirmed the most recent inspection was done in May 2007 with no 'flags' noted. In talking with the IEPA liaison, Staff learned that the Petitioner's proposal is not considered to be a large source of air emissions. The tanks are designed to contain the product so there will be minimal impact on the adjacent properties. Also, smaller scale projects such as the Petitioner's are inspected every two to three years unless the agency receives complaints. If anyone wishes to file a complaint, they would contact the Des Plaines Office at 847/294-4000 for an immediate response. Based on this information, and the fact that the Petitioner is replicating existing conditions, Staff found that the request would meet the Conditional Use standards noted above because: · the silos are allowed under an existing EPA permit (see attached exhibit in Petitioner's application), · the site is inspected on a regular basis, and · the Petitioner's request is not considered a large source of air emissions. Therefore, the request would have minimal impact on the adjacent properties, and the IEP A has a recourse system in place should residents find otherwise. RECOMMENDATION The request to amend the original zoning approval to allow the construction of two new 80-foot tall asphalt silos meets the standards for a Conditional Use contained in Section 14.203.F.8 of the Zoning Ordinance as noted above. Based on this analysis, Staff recommends that the P&Z approve the following motion: "To amend Ord. 3289 granting Planned Unit Development approval and allow two additional 80-foot silos, as shown in the Petitioner's exhibit prepared by SEC Group, Inc., dated November 4,2007, for the business located at 3401 S. Busse Road, Case No. PZ-OI-08." The Village Board's decision is final for this case. I concur: ~l: Ijme H:\PLAN\Planning & Zoning COMM\P&Z 2008\Staff Rcport\PZ-OI-08 MEMO (3401 S Busse Road - amend POD . height).doc VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Amended Conditional Use Approval Mount prospect Address(es) (Street Number, Street) 3401 S. Busse Road, Mount Prospect, Illinois 60056 Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) 7.2 acres +/- I -1 Light Irrllstrial N/A Setbacks: see att.acherl exhibit Front Rear Side Side Z 0 ..... ~ Building Height Lot Coverage (%) Number of Parking Spaces ~ Adjacent Land Uses: 0 ~ North South East ~ West roil Eo< Tax LD. Number or County Assigned Pin Number(s) ..... 00 0 08-23-300-036 ~ Eo< 00 ..... X r..:l Legal Description (attach additional sheets if necessary) see legal description attached. Z Name Telephone (day) 0 ..... Arrow Road Construction Company 847-437-0700 E-<. - -< Corporation Telephone (evening) ~I Arrow Road Construction Company 0..... fZ ~ Street Address Fax ..... .- ~1 3401 S. Busse Road 847-437-0779 ;;J< City State Zip Code Email 01 p.:: Mount Prospect IL 60056 0 ~ Interest in Property U -< Site Operator ~ z Name Harris N.A., as Successor Trustee to Telephone (day) 0 Bank of Naperville under Tr. 4# 4406 dated 847-437-0700 !=: i~ December 15, 1982. Corporation Telephone (evening) os:: Arrow Road Construction Company ~~ ~e Street Address Fax: ~g. 3401 S. Busse Road 847-437-0779 0'" ~r;:..., ~I City State Zip Code Email ~ -<( Mount Prospect IL 60056 jhealy@ARROWROAD.com l:Q Developer 847-437-0700 Name Arrow Road Construction Company Telephone (day) Address 3401 S. Busse Road Fax 847-437-0779 Mount Prospect, IL 60056 Email jhealy@AROOWROAD.com Attorney Dav1d W. e Name ZUKOWSKI, ROGERS, FLOOD & MCARDLE Telephone (day) 815-459-2050 Address 50 Virginia Street Fax 815-459-9057 Crystal Lake, IL 60014 Email dmcardle@zrfmlaw.com Surveyor Z Name SEe Group, Inc. Telephone (day) 630-553-7560 8, E-l '" Address 651 P~airie Pointe Drive Fax 630-553-7646 ~l Yorkville, IL 60560 o~ Email "'" 0 ~lt ~t: Engineer Z ll) ~ S Name Eric Granrud Telephone (day) 630-392-3673 ogo ~o Address Smith Engineering Group, Inc. 630-553-7646 a > Fax ~ ll) u~ 651 Prairie Pointe Drive <I = Email egranrud@secgroupinc.c,om Yorkville, IL 60560 Architect Name N/A Telephone (day): Address Fax Email Landscape Architect Name N/A Telephone (day): Address Fax Email Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 2 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Proposed Conditional Use (as listed in the zoning district) To erect (2) two additiona~ Asphalt storage silos Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) Construction of (2) additioanl silos similar in shape and size to the silos already located on the subject property. See attached sheet for ~ roil further explanation. ~~ o roil ;:J ~o -<~ ~oo ~z ;:JO 00..... ~ u -< Hours of Operation No change. Address(es) (Street Number, Street) 3401 S. Busse Road, Mount Prospect, IL roilZ Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) Sq. Ft. Devoted to Proposed Use E::o 00..... 7.2 acres +/- I-I Light Industr' al N/A approx. 320 sq. ft ~~ roil-< Setbacks: attached exhibit ~~ see ~o Front Rear Side Side O~ ~~ ~ Building Height Lot Coverage (%) Number of Parking Spaces Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant Jo If applicant i Date t Arrow Road Construction Company J /..- 2,~- iJ 7 I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Arcow Road Construction Co~any, Sole Property Owner B f' ciary,.B J hn Healy, President Date 11--'; ? - 0 7 F. Mount Prospect ,e artment of Comm ty Development 50 South Emerson Street, Mount Pros t Illinois www.mountprospect.org 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 a~ HARRIS RECEIVED OCT 11 2007 Land Trust Department 503 N. Washington St. Naperville, IL 60563 630-420-3514 October 8, 2007 David W. McArdle Zukowski, Rogers, Flood & McArdle 50 N. Virginia St. Crystal Lake, IL 60014 Re: Land Trust # 4406 3401 D. Busse Road, Mount Prospect, IL 60056 To Whom It May Concern: Harris N.A., as Successor Trustee to Bank of Naperville under Trust # 4406 dated December 15, 1982, has been directed to certify that, as of this date, the name of its present beneficiary/ies are as follows: ARROW ROAD CONSTRUCTION CO. Harris N.A. as Trustee aforesaid fl. . By: {A-tA.L bL / Jane Krogh J Land Trust Officer Subscribed and sworn to this 8TH day of October, 2007 ~jPulz~ ~6.........*~..~..t~t*~~tt.: : "OFFICIAL SEAL" : : ALICE J. 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POINT ON DE ItE'ST UNC or seCTION 2J IN SAID tr}IfNSHIP ItND RANCe, WAT IS 12.2.6 FaT NORrH OF THf: SOU1H.csT CMNER 1HCRCOF; 'fHCRCC .NOR1H "Li:WC SAlt) II'f'ST /.lIE OF SCCT1CN Z~ 2241 ITCT: THENCE CAST ALONG A UNC THA.T IS '.70,7 FaT NORTH OF' AND PARtULCl 1ff1H THE SOUTH LINE' or $.U) SCC7lON 2J. A /JISTANCC OF 31/6..' FEET; JHfNC! SOUTH ON A UNC JHAT IS 2'OS'.5O nIT '-S1 01' AND PARALUJ.. IIIJH rH( CAST LINC OF SAIO SQJ7HIfES1 QUARTC1I A OISTAHCC OF 1500.0 FFE7: THENCC.csT ON A. UN€ 7H"T IS 670.7 ITer NORTH OF AND PARAUEl IffTH SAJD SOCJJH UNC OF SfC"':W 2~ A DISTANCE OF 24.55 FffT; T/1DICC NOR7H1tCS7['RI." 191.5 FCCT ALONe Ai UNC WINCH MAKeS A LEfT ocnCCTlOAl OF IJJ DCGRrFS .5 IMM/TtS 00 SCCONDS ItIT"! fUE LAST DCSCRJBCD COORSf: 10 THE POINT OF eCCIHNINC. AU. IN COOK COUNTY. WNOtS (EXCEPT THAT PART UlNe Iif"ST OF 1HC CASJDIi'LY /.lIE OF 8fJSSE ROAD AS TAKEN BT THE: STATE OFJU./NOIS FOR ItfOEMNC SAID 1i'G/ID. LlfN(; II(STOF A UNE PMW.U.!. ItITH AND DISTANT 76 FEET CAST OF THl Il(ST UNC OF secTION 2J), STA1F OF /l.UNO/S ) ) 'S COUNTY OF KalO~L ) ~ CRAIG L OUr. II.lINOlS PROFJ:S'SIONAL LAND SURloCYOIi' NO. J359, HIReS,. CCRnr,. THAT rHls SUR~Y HAS eErN PREPAReD UHDCR MY OIRCCT SUPCRVlSION OF 1HC PRoPeRTY Hf1lEON DCSCRI8fiJ. rHlS PROFCSSJONAL SCRVlCE C()NI'OR/tfS TO THE: ctJPFffHT ILLINOIS "'/NlJIlJI,I ST-wDAROS FOR A BOUNDARY SVRloCY. OA1lIl AT YO'?KMU.f'. KENfMU. COlINrY, WHO/$, NQloC~ 6, 2007. SlrtIrHf~CC;W511/.TANTS. Win(>is ProfcuiontJJ L_d Sur-_J'.>r No. .JJ59 ti"""SO'.>rpirQliot>d"l. I;/JfJ/2~ nmc GROUP, m'C:..........,~"""'...-ra .... ~ CcnIulIMa .1EC.....1DNIion. see P\IlnIVIg .,,....,..,..ClIlIol,-..._ l-'."'.____ -..........-.- ...--............- _nu:_7Z_"., =~ ~ I '&ffJ~1r """"" IICS~~ _m rA.S~~ 't:ff :nu:n' 1 I I I !-o-::' I x ~! I F Si x I I x I x I x I x \ '.71' X I (;AU:U.A1EJI~ (NO-' TT:lIMDMSC" I ,- """"" CA5r:,.~ ~~ 1CTur: ~ """"" ~::'lf;-g.;.. ~ (lfDl$') 'U&!' '81'" ". CAlalAlEl/ awe (1f01I:JHlJIIOIT -~"" "'"""'~"""" (NO-' rOlMDcwsr" =~.~~~tJF.r.tASOlfWl!.otlnE/fOr ~ UM3'J ,.,..It stAIIIl(". --..c -.ot C'tCEHI%,,~ CII GeaIN_DlloO _,._ Dlrartltlll!lMCS' DtSllnO'IS5HOlW AllDIlMIlSlMDHOI(Of. M:Q:lllOI1JT_____Ul:SIWIi'~T'~____ __MCf'Df_.~tu.rCIF~'SlCI'r' ~_.IIS_lIJ'~'Cl.1tID'A5~Nr_ llIlI_.._'___'Ul'lf~_Jr. ,..,AS ooc.-rlfQ. ~ PLA T OF SlRVEY E1U5SE roAD 6.65+/- AC: PARCB. MT. Fr<OSPECT. COOK COI..NTY. LJ.I'IOIS ......... = ....... a.D DSN BY: O::Y: PItQ.ECTNO. 070672 5HttT NIl. ~ -.F' 'r GRAPIDC SCALE ho.._.{.... W (. rur) I~Re II.. PLANS PREPARED FOR: HEALY ASPHALT COMPANY, L.L.C. 3401 S. BUSSE RD. MT. PROSPECT, IL 60056 PROJECT CONTACT: MR, JOHN HEALY PHONE: (847) 437-0700 FAX: (847) 437-0779 I I I Utfl'tI/.6SJ I \ I J " _.../ - - _\~- 50" \ I I I , I I I I I I I I I I~ ,- V I , , , , , I I I , , I , I I I 1-0'"-....,. , , ) I 'm' :~ i : M; : I I I , I I 1_0"1 I - I i~ \L :> :i I 0 I~ \ U, I r:.i ~ :~ " :',' 1 " , ~ "I; \ t ~ ! " I . I \ Sl..R1EY N:)TE!5, ::. ':: :::.::rr=; ~~ cU:;:~ ::?'a:::, po........!. f1IIrllHJr:IitlplocotiQns- O. MG.", "" !his pion hrn b_ _I.... """" tI '"Pt.A T OF TOPOGRAPHr, /)QI..J Jhvch "fIl. ,ggT, '" p#YporH/ II" Mom- Surwyirlf C~.K "":. - Lo_ 1Jt:M/}fI Oil fir. hytlr,.,f .t th. .""Ih..,f com., of 1f{t~ H)Idn1ftt N, flPPT01lltnot.f 110 {HI ....t of till' S SU..... Rd ......,..-Int. 0101.....'"'""" 0 "P/..A T OF T()P()(;I(APHY"" OGled Mt1fdI .,h, 1197. ii' prcpored 6y IIwrOMl ~""" Comptllly. MCo Cfellrlllon,..Hq --- lh. ftNIowifl, ~ ~t.. hG. bNn flbtDitwd 1i'00'l'I ., "A..AT OF SUR~r". Dotftl No-..kr 26'''. /994. n P'~ by see CIIO(JP INC. 11<1.1, T PART a: JIotC SOUTHWE'ST OUARJDf OF SECTION 2..5, rDIIfI.SHIp '" NORTH, RANCe II CAST OF 1I'iC 1HtRD PRwaF'AL UCRrtHAN. DCSCRJ8CD AS rouows: COMUCNCINC '" A POINT ON FH( IlEST UN( OF sectION 2~ IN SAO ~SHIP ANO RANGe, JNAT IS 1242.tI FErT NORTH OF TkC SOVTHIlf"ST CORNCR 1HCRtOF"; THEHCC NORTH ALONe SAIO JlCST UNC or SEellON 2J, 224' FITT; THCHCE CAST ALCWG A LtIK DlAT IS /410.1 FUr NORTH OF AND PARAUEL l'UH 7H€ SOUTH UK OF $AID seCTION ,1;" A DlSTAHCE or ~.!lI fEET; THENCE SOlITH ON A UNC FHAT IS 2reil.50 Frcr Il'E"ST OF NtD PARAUfl IlfrH JHf" EAST ~ or SAll;l 50lJrHMESr QUARI'fJI' A OISTANCC OF aoo.O Fecr; 'TI1CNCC IICST ON A LINe 1HATIS 1.70.7 ffCT NORTH OF AND PARALUl Ill>>.' SAID SOUTH LIN( OF SCCTJON 2~ A DISTANCe or Z4.5!l FUr,' THCNCE NORTH/tCS'ffJ't r 1Ir.5 ffIT ALONG A UNC Mf1CIf /IIAKES A UF7 DDUC1ION or f," DeCRCCS 015 WHVTCS 00 SCCOM1S Iff"" THe LAST Df'SClIflIBCD ClXM'tst m THE POfNf OF BCCINNING. AU.. IN COOl( c.'(I(MTY. /l,.UNC/IS (O(:l;PT lHA T PART L nNG II€'$T OF' lHC CAS7E1It. Y LINE OF BUsse ROAD AS TAKCN BY 7HC STAir 01" IUJNOIS F"OR WID&IINC SAID ROAD, L ~ .cST OF A LJNC PARAl.1.D.. NTH AND DISTANT 76 FlIT CAST or THe IIOT IJNC OF SCCOON ,1.1). roTAL ARCA OF 71IAC1 _ 1l.IlS ACReS 1:. '11.-,..-' ."77/ / , ornec ,.,.",., m-g9.66 .~...t' -u...n F~;'~~.".2 ~......G.""~ INSET A SCALE: "=20' @I ...".....,- -- Dl't__---n.- ~........IIC,.,~.. n2.,C~~~==.::= ..............~~.Leum L".II.J.~lDO.lU._ ----- ...........-- =,;y:.sr~-"'I''''lI7''", W;W.l_" CALl JULIE I-BOO-892-0f2J :.=::.~.:r. ) 1 ~ ~ f-{.....:.../-/_Lf.~..I."...L-.t~ ~~f -'...__.n'_'_ ]i i J" .~. ~ "tL_...5\ '"11.....2.\. ~.!c~,-~~~i1 /'!>' I I (.....GC 1 ' <3." . 'i ),. i.' ., ~J~, ~,::.-~;':':'.: T:~i-c~s..._(') '" FlR 99'7 "i.. . :., . :. j :>~\ <SP::~::_"" PROPOSED TWO, . . . . .. 1 ;,{ t. \ (Z)ASPHALTSILOS .,~ .. "0. ...: ,&:.~.~. T/F = tOO.05...; "" < I '. __ ,_,) 3 ....,..~, ',," ~ r."" ", . . ~ ~,', ~ . 1 .__ _,.='_~ ."-"u~".n "-.,." L.u...~_LL.L~._~~ ~~ ~;~~"~ ~l.. . ~~ . \ D1sP~ rCH t -. . 1~'::"tP.-~:::~ ._I~ ~-~ ......-~ -------------' -- __iI$'(6IJ.~' ___~.,__'..___ __'w.-_.______...=;;.~\-....-'" tASJDll.r'-;;,,-;;';;---'---""---""-'~.;;;""'IlIT(~ 3U' iL;:~::-:: ,. : =~~'~,~,~,~==~~:J - ~f_ - -C'~1'<":! .. ______.... r~~~ r:- "..~~-mfT . ~L~~t!,Ol J,'/.. i \ ,,-.,~d_U-.="'~jjf<'.:"Jr:~ \ I I ~ -fllt...R'-......1 : '.: ..~... . C!--UIIaC -'-[ ). :.',.'., 0., ,- r PROPOSED TWO (2) ,', .....1 ...~ I - 'f ASPHALT SILOS ~. .". .t,. ~ .i [~_,.,:~~~~N"~L;:,"" ~_, "-d. ~,~ I I 5MfT1..J ~ CG\ITACTI PCTrff J. Hl./lNKCR. P.C. - OIRCCTOR or 0fT1Ce OPeRA nONS (6.JO)55.J-]$6(J ERIC J. GFlANRUO. P.C. - OW CHGWCOl 11/ (6:JO) ~~J-7560 I I I -~o ~. I ( ~ " I ~,.~~ ~ " ,1:., J- " " I ~~, ~ " .~-')... ~~ I , ~~ ~ I.OT I ("""""'~!!III!IDIVl6IGlN DrOre. NO. 26!I:ID46} ..NtGI!L c.c;:IIrr(TA1N5 ."""~OF1.AJrCP .n._'0I~) I-IA TCJ..I LEGE/ID .: ['JtJSTlNC ASPHAJ.. r PLANr I I 1 I I hi Iq 1C-)l:- ~ -;[- I 1:,....,(.,1 EXJSTlHC CONCRC'TC PAVOICHT HEALY PLANT 3401 S. BUSSE ROAD VILlAGE OF MOUNT PROSPECT. IT. PL.OT PL.AN ....... c.x; DSN 1'1': c.x; Otl( trf: PM 1 OF 1 PR~CT NQ. 010672 .....,NO. 1. Due to the current use of the subject property (the operation of asphalt manufacturing and refining and related uses including rock crushing, concrete mixing and the maintenance of a quarry), the establishment, maintenance or operation of the two (2) additional asphalt silos will not be detrimental to, or endanger the public health, safety, morals, comfort or general welfare. The silos simply allow for additional storage of completed manufactured asphalt material to dispense in trucks. The material is stored for no more than 20 consecutive hours. Allowing the two additional silos will not increase the intensity of asphalt manufacturing process, or material output of the plant, but will provide operational flexibility to meet current IDOT specifications which have recently changed. Granting the applicant's request for the two additional asphalt silos would be consistent with the existing permit issued from the IEP A Division of Air Pollution Control, see attachment. 2. Because of the zoning and existing uses of surrounding property and the subject property (1-1 Light Industrial District), as well as the current conditional uses for the subject property, the conditional use amendment will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is located. The height of the two proposed asphalt storage silos, not to exceed 80 feet, does not exceed the height of the current silos and will be located no closer to the neighboring property. In addition, there is no proposed change to the existing land elevations, landscaping, paving or drainage pattern. 3. Ingress and egress to and from the property in question will not change from the existing access point on Busse Road. Traffic flow has not been a problem in the past and the addition of the two proposed silos will not increase traffic generated by the plant because the two additional silos does not increase the material output of the plant. 4. Due to the current I-I Light Industrial District zoning and uses of surrounding property, the establishment of the conditional use will complement the current uses of the subject property and not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The two (2) additional storage silos will be consistent with the current uses allowed on the Subject Property. 5. Adequate public utilities, access roads, drainage and/or necessary facilities are already in place for the conditional use amendment being requested. 6. The proposed conditional use amendment is not contrary to the objectives of the Mount Prospect comprehensive plan, which identifies the Subject Property as being planned for industrial uses. 7. The conditional use shall, in all other respects, conform to the applicable regulations of the I- I Light Industrial District as previously permitted by the Village ofMt. Prospect. hharkins :Arrow IConditional UseStandards. doc -' 217/782-2113 AUTHOR~ATION TO OPERATE UNDER A GENERAL PERMIT PERMITTEE Arrow Road Constructkon Company Attn John Healy, Preskdent 3401 South Busse Road Mt Prospect, IIl~~o~s 60056 General Perm~t No G2951A2 Applkcat~on No 72110054 Appl1cants Des~gnat1on Type of Source Drum-M~x Asphalt Plant Date Issued February 9, 2005 Source Locat1on 3401 South Busse Road, I D No 031804AAA Date Rece1ved January 31, 2005 Exp~rat1on Date November I, 2009 Mt Prospect, Cook County, 60056 Author1zat1on 1S hereby granted to the above-des1gnated Perm1ttee to operate the above source, cons1st1ng of a drum-m~x asphalt plant w~th a baghouse, up to e1ght (8) asphalt storage s~los,up to twelve (12) storage tanks, up to ~ . five"'" (51 asphalc tan--rtfieat"e"i:lfPafiaboiler-s- nrnimBtu}lir "t:6tarmaxiiiiuin hnng rate of all un~ts comb1ned), hot mLK asphalt sklos w~th truck loadout, and a crush1ng plant (up to three (3) crushers, up to nkne (9) screens, up to th1rty (30) conveyor transfer po~nts w~th assoc~ated transfer p01nts) under a General Perm~t for a drum-m~x asphalt plant, pursuant to the above-referenced appll.cat~on If you have any questl.ons regardlng thl.s author1zatl.On, please contact Robert Bernotel.t at 217/782-2113 Donald E Sutton, P E Manager, Perm~t Sectl.on Dl.Vl.S10n of Al.r Pollut1on Control DES RWB ] ar cc Reg10n 1 7_ ::: RESOLUTI.ON .NO. 53-82 A RESOLUTION TO APPROVE AND AUTHORIZE THE EXECUTION OF AN ~~NEXATION AGREEMENT BETWEEN ARROW ROAD CONSTRUCTION COMPANY, ITS LAND TRUST NOHINEE, AND THE VILLAGE OF MOu~T PROSPECT, ILLINOIS ~~EREAS, there has been submitted to this Village by Central National Bank of Chicago, as trustee unger Trust Agreement dated May 18, 1977 and known as rrustNo. ~2461, and by Arrow Road Construction Company, the sole beneficiary of said Trust No. 22461~ a certain Annexatipn Agreement (a copy of which is attached hereto and made a part of this Resolution by refer- ence); and I w~EREAS, the said Annexation Agreement seeks to annex .,certain property located north of the Northwest Tollway and adjacent to Busse Road and the corporate boundaries of the Village of Mount Prospect; which real estate is legally de- scribed in said Annexation Agreement; and l'lliEREAS, pursuant to the provisions of Section 11-15.1-1, et e;eq, of Chaptetr 24 of the Illinois Revised Statutes, a I public hearing on the proposed Annexation Agreement was held I before the Mayor and Board of Trustees of the Village of I Mount Prospect on the ~ day of __December , 1982, pur- I suant to notice duly published on the 10th day of senternb. er ,., 1982, in the Mount Prospect Herald, as provided by law; ~~d I I~EREAS, this Board does hereby determine it to be in Ithe best interests of the Village of Mount Prospect to approve and authorize the execution of said Annexation Agreement and lito proceed to complete ..the annexation of the property described therein under the terms and conditions so provided. !NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Annexation Aareement between Central National Bank of Chicago, as trustee under Trust No. 22461, and Arrow Road Construction Company, as beneficiary under paid Trust No. 22461, and the Village of Nount Prospect, Illinois, is hereby approved and the Mayor and the Village Clerk are hereby authorized to execute the same and to have the Village Seal affixed thereto, and to take all such further steps deemed necessary to implement the provisions of said Agreement. SECTION TWO: This Resolution and the Annexation Agreement to which it pertains shall be in full force and effect upon its passage and approval in accordance with law. PASSED AND APPROVED this 7th day of December , 1982, by the affirmative vote of two-thirds of the Corporate author- ities then holding office. AYES: Arthur, Farley, Floras, Murauskis, ~ichardson, Wattenberg NAYS: None BSENT: None ~4~~ 7 MA OR ~-'. : ' . .. !' .~.. f ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this .~ day of ~ ..3 IICIIAHOE IATIONA~. BAlIK OF CHICACO. .. - . . ~ 198~, by and betweenAcENTRAL NATIONAL BANK I" It ~ CHIC , as Trustee, under a Trust Agreement dated May 18, 1977, and known as Trust No. 22461 ("Central National"), and ARROW ROAD CONSTRUCTION CQ}lPANY ("Arrow Road"), the sole bene- ficiary of Central National Trust No. 22461, and the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation located in Cook County, Illinois (hereinafter referred to as "Village"); WITNESSETH: WHEREAS, Central National is the record owner of the fol- lowing described tract of real estate ("Subject Property"): That part of the Southwest 1/4 of Section 23,' Town- ship 41 North Range 11 ~ast of the Third Principal Meridian described as fo~lows: Commencing at a point on the West line of\Section 23 in said Town- ship and Range, that is 1242.6 feet North of the Southwest corner thereof; thence North along said West line of Section 23, 228.1 feet; thence East along a "line that is 1470.7 feet North of and par- allel with the South line of said Section 23, a distance of 586.91 feet; thence South on a line that is 2051.50 feet West of and parallel with the East line of sai~ Southwest 1/4 a distance of 800 feet; thence West on a line that is 670.7 feet North of an parallel with said South line of Section 23, a distance of 24.55 feet; thence Northwesterly 791.6 feet along a line which makes a left deflec- tion of 133 degrees 45 minutes 00 seconds with the last described course to the point of beginning, all in Cook County, Illinois, and lying West of a line parallel with and distant 76 feet East of West line of Section 23, all in Cook County, Illinois; and WHEREAS, Arrow Road has by the beneficial owner's state- rnent and direction, attached hereto as Exhibit A, directed Central National to execute this Agreement; and WHEREAS, the SUbject Property is located in an unincor- porated portion of Cook County, Illinois, and is shown on <' . ~....:"~.' ~;:~', the Plat of Survey, dated August 19, 1982, attached hereto and inc~rporated herein by this reference as Exhibit Bi and WHEREAS, the Subject Property consists of territory which is not within the boundaries of any municipality and which is presently contiguous to, and may be annexed to, the Village as provided in Article 7 of the Illinois Municipal Code; and WHEREAS, pursuant to and in accordance with the provi-' sions of Section 7-1-8 of the Illinois Municipal Code, Ill. Rev.Stat., ch 24, S 7-1-8, there has been filed with the Village a Petition for Annexation which is attached hereto and incorporated herein by this reference as Exhibit C, executed by Central National and Arrow Road requesting an- nexation of the Subject Property; and WHEREAS, Central National and Arrow Road (COllectively, \ "the Owners") desire to have the 'Subject Property annexed to \. the Village in accordance with the terms and conditions hereinafter set forthi to-wit: 1. That the Village adopt a text amendment ordinance to Article XXII of Chapter 14 (The Zoning Ordi- nance) of the Village Code or Mount Prospect in the form as set forth in Exhibit D attached hereto and incorporated herein by reference, to allow the continuation of an existing asphalt manufacture and refining use when part of a planned unit development in an I-I Light Industrial District. 2. That the Village adopt an ordinance zoning the Subject Property in the I-I Light Industrial District in the form as set forth in Exhibit E attached hereto and incorporated herein by reference. -2- . -, 3. That the Village adopt an ordinance granting a special use and approving a planned unit develop- ment of the Subject Property in the form as set forth in Exhibit F, attached hereto and incor- porated herein by reference to allow the contin- uation of the existing asphalt manufacturing and. refining Operation from the buildings, structures and area currently being used for such operation and to allow for further development of the Subject Property as a planned unit development. -4. That the Village adopt an ordinance granting variations, where necessary, from the regulations in the I-I Light Industrial District in the form as set forth in Exhibit G attached hereto and incorporated herein by reference, in order to bring existing ope~ations, buildings 'and struc- " tures on the Subject Property ~nto conformity; and WHEREAS, on September 2, 1982, the Zoning Board of Appeals of the Village, being the Board duly designated by the cor- ~orate authorities of the Villag~ to hold public hearing~ on applications for zoning amendments, variations, special use. permits and planned unit development approval did hold a public hearing in all respects conforming to law, pursuant to notice thereof duly published on August 16, 1982, in the Mount Prospect Herald and to notice thereof duly mailed to property owners within 250 feet of the Subject Property and to notice posted on the Subject Property; and WHEREAS, pursuant to the provisions of Section 11-15.1-1, et seq. of the Illinois Municipal Code, Ill.Rev.Stat., ch. 24, -3- ~ 11-15.1-1, et seq. (1981), the corporate authorities of the Village ftid hold a public hearing on the proposed Annexation Agreement in substance and form the same as this Agreement on December 7 , 1982, pursuant to notice duly pub- lished on September 10, 1982, in the Mount Prospect Herald, as provided by law; and WHEREAS, due and timely notice of the proposed annexa- tion has been given to the Board of Trustees of the Elk Grove Rural Fire Protection District, the Highway Commissioner of Elk Grove Township and the Board of Auditors of Elk Grove Township in the manner and form required by statute as appears from the copies of such notices attached hereto, respectively~ as Exhibit H; and WHEREAS, no library district has jurisdiction of the Subject Property; and " WHEREAS, the corporate autho~ities of. the Village~ after , due and careful consideration, hav~concluded that the annex- at~on of the Subject Property.to the Village on the terms and conditions herein set forth will enhance and promote the general welfare of the Village; and WHEREAS, following ~he aforesaid public hearings, the corporate authorities did adopt a Resolution on .December 7 1982, by a vote of two-thlrds (2/3) of the corporate authorities then holding office, approving this Agreement and directing the President to execute and the village Clerk to attest the same on behalf of the Village; and WHEREAS, Owner has executed all petitions and other documents that are necessary to accomplish the annexation of the Subject Property to the Village. NOW, THEREFORE, for and in consideration of the mutual covenants herein made and pursuant to the provisions of -4- Chapter 24, Article 11, Section 15.1-1, et seq., III.Rev.Stat. (1981), the parties do hereby enter into the following Annexation Agreement: SECTION ONE: Premises. The foregoing recitals are incorporated herein as findings of the President and Board of Trustees of the Village. SECTION TWO: Annexation. Contemporaneously with the execution of this Annexation Agreement, the Village agrees that it will annex the Subject Property to the Village, sub- ject to the'terms and conditions set forth in this Agreement, by adopting a proper annexing ordinance, attached hereto as Exhibit J, and incorporated herein by this reference. SECTION THREE: Amendments to Zoninq Ordinance. Im- mediately subsequent to the annexation of the Subject Property, the Village shall adopt ordinances attached hereto as D and Exhibit E and incorporate;~~rein by reference, Chapter 14 (The Zoning Ordinance) ~ the Village Code Exhibit amending of Mount Prospect, Illinois, as follows: 1. To allow, as a special use in an I-I-Light Indus- trial District, the continuation of an asphalt manufacture or refining operation in existence prior to December 1, 1982, when such use -is part of a planned unit-development. 2. To rezone the SUbject Property into the I-I Light Industrial District. SECTION FOUR: Special Use, Planned Development and Variations Approved for Subject Property. Immediately subse- quent to the adoption of said amendments to the Zoning Ordi- nance as provided in Section Three above, the Village shall adopt the Ordinances attached hereto as Exhibits F and G and incorporated herein by reference, granting to the Owners -5- a special use to continue an asphalt manufacture or refining operati~n.from the buildings, structures and area currently being used for such operation on the Subject Property, as a planned unit development thereof, and to allow the further development of the Subject Property for uses permitted in the . I-I Light Industrial District or for uses listed on Exhibit I, attached hereto and incorporated herein by reference, and to further allow variations, where necessary, from the reg- ulations in the I-I Light Industrial District for the purpose of bringing the existing operation, buildings and structures on the Subject Property into conformity. In this regard, it is hereby acknowledged by all the parties to this Agreement that it is the intent of these Ordinances to approve and.authorize the continuation of all existing operations, buildings, structures and areas being currently utilized on the Subje~\ Property, including the use thereof for rock crushing, co~ete mixing and maintenance of a stone hill quarry where such uses are accessory to the existing asphalt manufacture or refining operation; to approve the Subject Property as a planned unit development pursuant to the Plat ther~of, attached hereto as E~!iLit 3, and to bring all existing buildings and structures and use areas on the Subject Property into conformity with Village Ordinances and regulations pertaining thereto; to provide for additional development or redevelopment of the Subject Property as part of the planned unit development for uses permitted in the I-I Light Industrial District, or for uses listed in the attached Exhibit I, provided that such uses are in compliance with all other Village Ordinances and regulations; and to allow the erection of an outdoor advertising sign on a portion of the Subject Property in -6- ;,.'.' .... . close proximity to the Northwest Tollway provided such sign complies withSt4te and Federal regulations pertaining thereto. It is further intended by the parties hereto that the uses listed in Exhibit I, or any of them, may be undertaken on the Subject Property as part of the planned unit development without the necessity of filing a further application with the Village and submitting such uses to the Zoning Board of Appeais for public hearing and recommendation and subsequent approval of the Village Board, so long as such additional development complies with all other zoning regulations and Village Ordinances. To the extent that any uses listed in Exhibit I are presently excluded from the. I-I Light Industrial District, the Village will, upon' its own application, under- take the necessary zoning text amendments to provide for , such uses to be proper legal uses ,within the planned unit development of the Subject Property. SECTION FIVE: Development and Use'of the Subject. Property. Owners agree that the use and development of the Subject Property shall be in accordance with the provisions of this hgreement. and the applicable ~oning ordillances. Howeyer, except as hereinafter specifically provided, .any amendments or changes to building, housing, subdivision, maintenance, fire protection, manning of facilities, zoning or similar ordinances of the Village and including all ordinance changes or administrative regulations or interpretations, which relate to or which seek to regulate any further construction upon or operations of the PUD on the S\lbject Property shall not apply to the Subject Property without the consent of the O\ffler for the term of this Agreem~nt, unless .such amendments or changes have general and uniform applicat~on throughout -7- \.-1""~;,:';.~::1';;:';"'",~" .~...;"...;;;.':t-:;:.,. the Village and thereafter such amendments or changes shall apply in the same manner as to other uses existing at the time of the adoption, enactment or announcement of any such ordinance, regulation or interpretation. This shall not be construed to restrict application of future amendments of regulations set forth in the National Fire Codes promulgated by the National Fire Protection Association (NFPA) or the Building Officials Conference of American (BOCA) Building and Fire Prevention Codes, which amendments as promulgated by these national organizations shall apply to the Subject Property to the extent that such amendments are adopted by the Village. This shall not be construed to limit the power of the Village to apply to the Subject Property increases in permit fees of general application throughout the Village. No fees relating to the Subject Property shall increase in a greater proportion than the fees generally applicable to commercial/ industrial construction within the Village. The Village shall issue no stop orders directing work stoppages without detailing corrective action necessary to be taken by the Owners and setting forth the section or sections of the Village Code being violated. SECTION SIX: Fees, Contributions and Costs~ The Owners shall not be obligated to pay to the Village any fee, con- tribution or cost by virtue of this annexation including the cost of the recording of documents necessary to accomplish the annexation of the Subject Property. Except as hereinafter specifically provided with regard to water tap-on charges, the Owners and the Village expressly agree that Owners shall pay any and all costs, expenses and fees normally charged by the Village to other Village residents for building permits, -8- storm and sanitary sewer charges and any and all other charges and fees the Village customarily charges other Village residents. The Village will not charge the Owner for building per- mits, inspection charges or occupancy permits or any other fees regarding buildings and structures currently on the Subject Property, except for alterations and remodeling to such buildings and structures undertaken after the date of the adoption of the Ordinance annexing the Subject Property to the Village. SECTION SEVEN: Taxes. During the term of this Annexation Agreement, no ad valorem or other property tax or any other tax shall be levied against the Subject Property which is not generally levied throughout the Village or which is not levied for special services within an area containing the Subject Property. During the term of this Annexation Agreement, any utility tax passed by the Village under ~he terms of the Illinois Revised Statutes or under its home'tule powers, whether a tax on utility companies.. or -a- tax on utility consumers - shall only apply to the Subject Property to the extent that such tax is a general nongraduated tax applicable to all other re&idential, commercIal, and industrial uses in a iike amount as is applicable within the Village. SECTION EIGHT: Public Improvements. The Village currently plans to extend its water distribution system past the Busse Road frontage of Subject Property within two years from the date of this Agreement. The Village agrees to provide two twelve-inch (12") connection points to the Owners at locations selected by them and to waive any water connection fee on account of the initial connections of the improvements on the Subject Property to the Village water system. The Owners shall grant to the Village or to the Northwest Suburban Municipal " -9- ., Joint Action Water Agency a permanent easement (Easement A) in, to and through the westerly fifteen feet (15') of the Subject Property between the north right-of-way line of the Northwest Tollway on the south and the north property line of the Subject Property, as more particularly described on Exhibit K. Easement A shall be for the sole purpose of installing a water main and related appurtenances. The Owners shall also grant to the Village or Water Agency a permanent easement (Easement B) in, to and through that property located at'the southwest corner of the Subject .... Property adjacent to the east right-of-way line of Busse Road and the Northwest TOllway, as more particularly described in Exhibit L. Easement B shall be for the exclusive purpose of constructing and maintaining a below ground control/ receiving point for a supplemental water supply to the Village. , '\ Easements' A and B shall, at the reguest of the Village, be granted by plat. The Village shal~furnish, at its expense, at the time easements are granted, drawings certified to and stamped by a Registered Engineer. The Owners shall grant Easements A and B within thirty (30) days after the adoption of the ordinances described in Section'~vo, Three and Four, s,upra. The Owners shall also grant to the Village or Water Agency an easement (Easement C) in and to that property ad- jacent to Easement B,as more particularly described on Exhibit M. Easement C shall begin fourteen (14) days after the Village or Water Agency has served the Owners with written notice of its intent to enter upon the Subject Property for the purpose of constructing the aforementioned water line and/or control/ receiving point and shall continue for a period of 180 days thereafter, at which time the easement shall terminate. The -10- Village or Water Agency shall use Easement C solely for the construction of the aforementioned improvements in Easements A and B. After installation of the water main and construction of the control/receiving point, the Village or Water Agency shall restore all grounds or other appurtenances to the same condition they were in prior to construction. The Village or Water Agency shall, after obtaining approval of Arrow Road, provide landscape screening around the control structure at the southwest corner of the Subject Property. Within one year after completion of the construction of the water main in Easement A, the Owners shall guarantee the installation and completion of a water system on their prop- erty, in accordance with Village specifications, complete with a minimum of one fire hydrant at the end of water main extensions or every 300.feet of'~ate~main. \. The Owners shall install a wat:er distribution system upon the Subject Property so as to receive a minimum of 2,500 gallons per minute at each fire hydrant or dead end main. In no case, however, shall the Owner be required to install pipe with m~re th,.m a twelve-inch (12") dianLeLar~ Upon completion of the Owner's on-site water distribution system, the Village shall permit the Owners to connect into the existing Village water main without charge. The two connection points shall be located in the easement along the Owners' Busse Road frontage at points mutually agreed upon by the Village and the Owners. SECTION NINE: Miscellaneous. 1. The Owners shall, during the life of this Agree- ment, be allowed to continue to use any and all septic systems currently existing upon the -11- ~ Subject Property. The Owners may, at their ex- pense, connect to any available sanitary sewer system providing they receive the proper permit from the regulating agency. 2. The Owners may use existing on-site wells to furnish water for 'uses other than drinking and. domestic uses including, but not limited to, landscape watering. Once the Owners connect into the water distribution system of the Village, no inter-connection between the private well and the public system shall be permitted. 3. All provisions, conditions and regulations set forth in this Agreement and the exhibits attached hereto shall supersede all Village ordinances, codes ox regulations that are in conflict here- with as they may apply to the Subject Property. The terms of this Agreement shall bind the Owner, its successor owners of record, heirs and assigns, the Subject Property, the Village, the Village's Corporate Officials, and their successors in office. Nothing herein shall in any way prevent the alienation or sale of the Subject Property or portion thereof except that such alienation or sale shall be subject to the provisions hereof, and any new Owner shall be both benefited and bound by the conditions and restrictions herein expressed. SECTION TEN: Severability. If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such in- validity shall not affect the application or validity or other -12- : ,', . ,. .~ provisions, covenants, agreements or portions of this Agree- ment which can be given effect without the invalid provisions or applications, and to this end, the provisions, covenants and agreements in this Agreement are declared to be severable. SECTION ELEVEN: Term. This Agreement shall be in full force and effect from and after the date of its execution for a period of ten (10) years. SECTION TWELVE: Final Agreement. This Agreement super- sedes prior agreements, negotiations and exhibits where in conflict herewith and is a full integration of the entire agreement of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals hereunto on the day and date hereinaboye first written. i....:. 19at! VILLAGE: Date: OWNER: _ANIE NAnONAL IIANN OF CHICAGO, .. / CENTRAL NATIONAL BANK fflI/N CHICAGO~as Trustee,urider Trust No. 22461, dated May 18, 1977, and not personally VILLAGE OF MOUNT PROSPECT By: a~,~~ Pres ent By: ATTEST: /WJ~~ Village Clerk BENEFICIARY: ARROW ROAD CONSTRUCTION CO. By: Benef' iary of Cent 1 National Bank of C ~cago, as Trustee, under Trust No. 22461, dated May 18, 1977 . - .~ ~ A:r'TEST: "J ~~~\~\M~'1 . ... .~ '.::. ~ ~~j __. ~ -WI ... ','''' ,- _: ..::::';.. ".. .~_.'..;:' ="'.0:.::- -:..--.....:,.... ~W.....__I..._ 1"lIie Allrll.IDt II .llllled by Till ExohaDlll NaliODal Ball' of C. hicallo, 11.01 individually but 101ely "I TruI;-1 ulldlr 0 certain TlUBt A.gre.mell~ mo,"" Ql; T_I No, ....:1...J..f..t.-I...... Said Trull Asn..m~nt lao heroby mode Q PQrt hereof\ cndl~7 claim~ against .':lid Truste8 whioh f"l:"'.'{ IQIJ~J~ hOTe the ".r.:.\in~ ~t thia Agree:. ment ahall be payable o::.~;r C:,t~ 0: \.:'::'Y irll.st P:.:IJ.l~;.:~' ')J'hlab m<1Y b, -1 ~eld t~euun.dC%f Cl.ud said T:~:.:!~~., ahaJ! r~ot be p';:;S.l: !r:Hy- c'able for the perfo:.=:QQnge of QD" of t!:.1! t:j ::11, !1nd C'ondiliOG& ;)f :his agteemenl or for the validity or coDdHion of the tille 01 laid prope"y Of 10: em., :I....mol with ..Ipeel therelo. An, aud all pe..onalliabllity .. \'he Exabemge National Banl< 01 Chicago I. hereby expr..oIy ....iv_ ... lhe parti.. "-10 GJld. thei< t"lIecti... IU_ GIld ~, EXHIBIT I PEro~ITTED USES INDUSTRIAL USES Assembly firms, without fabrication, of completely fabricated parts Asphalt products manufacturing Concrete mixing plants Contractors' construction offices, shops, and yards, such as building, cement, electrical, heating, ventilating and air conditioning, masonry painting, plumbing, refrigeration, and roofing Heavy machinery production Meat packing, but not stockyards or slaughter houses Packing and crating services Pharmaceutical industries Plastics manufacturing Printing, publishing, or lithography establishments Research and development laboratory facilities Steel production and fabrication, but not smelters Woodworking and wood products manufacturing WHOLESALE AND WAREHOUSE USES Automotive storage facilities; vehicles in self-operating condition Beverage distributors Concrete products storage Storage facilities Warehouses Wholesale establishments RETAIL BUSINESS USES Fuel oil dealers Fuel sales . .. ,- '. ..,1.. -2- Lumber companies and/or yards Plumbing and heating showrooms and shops Retail outlet stores, accessory to a manufacturing or wholesale establishment SERVICE USES Electrical shops Glazing shops Parcel delivery service Radio and television studios, stations, and towers, transmitting and receiving Refrigeration shops Sheet metal shops Sign contractors Signs, as regulated by Chapter 9, Article III, of the Village Code Water softener service Welding shops Window cleaning firms Office uses MISCELLANEOUS Storage of uncontained bulk materials; outdoor . Petroleum or its products, refining or wholesale storage of when it is part of PUD Rock crusher, when accessory to asphalt manufacturing Stone hill or quarry when accessory to asphalt manufacturing o A ORDINANCE NO. 3288' AN ORDINANCE AMENDING CERTAIN USE PROVISIONS . 'WITH RESPEC'!' TO THE I-I LIGHTINDOSTRIAL . DISTRICT OF CHAPTER 14 ENTITLED "ZONING" OF . THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES " THE ~ DAY OF np.~ernb('!r , 1982. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the ~ day of Decenber , 1982. ...... n o ZBA 31-A-c12 11(1;((82 ORDINANCE NO. 3288 AN ORDINANCE AMENDING CERTAIN USE PROVISIONS WITH RESPECT TO THE.r-l LIGHT INDUSTRIAL DISTRICT OF CHAPTER 14 ENTITLED "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS, pursuant to an Annexation Agreement, the Central National Bank of Chicago, as trustee under a Trust Agreement dated May 18,1977, and known as ,Trust No. 22461, and Arrow Road Construction Company, the beneficiary of said Trust, have submitted an application for a text amendment to the use provisions in an I-I Light Industrial District as pro- vided in Article XXII of Chapter 14 of the Village Code of Mount Prospect, Illinois; and WHEREAS, said text amendment. is for the purpose ,of allowing certain property owned ,by and beneficially owned by the Applicants to be used for Asphalt manufacture and refining when part of a planned unit development; and WHEREAS, a public hearing was held on said zoning text amendment Application (designated as Case No. ZBA-3l-A-82) before the Zoning Board of Appeals of the Village of Mount Prospect on the second day of September, 1982, pursuant to proper pUblication of due notice thereof in the Mount Prospect Herald, on August 16, 1982; and WHEREAS, the Zoning Board ;~ Appeals h~s forwarded its finding and recommendation to the 'Board of Trustees of the Village that the requested text am~hdment be approved to provide that the Asphalt manufacture and refining use be allowed as a special use' where already in existence and when part of a planned development; and WHEREAS, it is deemed to be in the best interests of the illage of Mount Prospect that said text amendment be adopted. NOW, TIfZRID'ORE, BE IT ORDAl"NED B1 THE PRESIDENT AND BOARD F TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: ECTION ONE: Section 14.2201 entitled "Permitted Uses" of rticle XXII, Chapter 14, of the Village Code of Mount Prospect, llinois, 1981, is hereby amended as follows: (A) 13y retitling Section 14.2201 to read "Permitted Uses ahd 'Special Uses." .... (B) By amending paragraph 9 of Subsection B of said Section 14.2201 to read: "9. Asphalt'manufacture or 'refining when not part of a planned unit development." (C) By adding a new Subsection C to said Section 14.2201 to read: "C. In the 1-1 Light Industrial District, the , following uses may be allowed by Special Use permit in accordance with Article VII of this Chapter. 1""'\ r . n. ZBA A-82 11/11/82 1. Asphait manufacture or refining, if existing prior to December 1, 1982 and. when part of a planned unit development." SECTION TWO: This Ordinance shall be in full force and effect upon its passage, approval and puhHcation . .j:n'pamphler form "1-' in accordance with law. PASSED AND APPROVED this 7th day of December , 1982. AYES: Arthur, Farley, Floros, Murauskis, Richardson, i'7attenberg NAY S: None ABSENT: None &~ ;I f{~ V LLAGE PRESIDENT -2- n n .~ '" ORDINANCE NO. 3289 AN ORDINANCE APPROVING AND AUTHORIZING A SPECIAL USE TO ALLOW THE OPERATION OF AN EXISTING A$PHALT MANUFACTURE AND REFINING USE AND ,TO ALLOW OTHER FUTURE SPECIFIED USES OF, CERTAIN PROPERTY AS A PLANNED UN IT 'DEVELOPMENT LOCATED IN THE I-I LIGHT INDUSTRIAL DISTRICT, AS ZONED, IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS " PASSED ,AND ,APPROVED BY THE PRESIDENT AND 'BOARD OF TRUSTEES THE ~ DAY OF, Op.~p.rnhp.r " , 1982. 'Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 8th day of December, 1982. .;11; ,'} -.-/ ,n ZBA _2-5U-82 11/11/82 0, ORDINANCE NO. 3289 AN ORDINANCE APPROVING AND AUTHORIZING A SPECIAL USE TO ALLOW THE OPERATION OF AN EXISTING ASPHALT MANUFACTURE AND REFINING USE AND TO ALLOW OTHER FUTURE SPECIFIED USES OF CERTAIN PROPERTY AS A PLANNED UNIT DEVELOPMENT LOCATED IN THE 1-1 LIGHT INDUSTRIAL DISTRICT, AS ZONED, IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, pursuant to a certain Annexation Agreement, the Central National Bank of Chicago, as trustee under a Trust Agreement dated May 18, 1977 and designated as Trust No. 22461, land Arrow Road Construction Company, the sole beneficiary under said Trust, have made application for Special Use with respect to certain property zoned and classified in the I-I Light Industrial District and used as an asphalt manufacture or refining operation to allow the continued operation of such existing asphalt manufacturiI\gor refining use as a planned unit development and to provide for further uses to be made of the undeveloped portion of the property as part of 'the planned unit development, as set forth and contained in the Special Use Application, pursuant to the provisions of Section l4.220l.C of Chapter 14 of the Village Code of Mount Prospect, Illinois; and WHEREAS, the subject property is located at 3401 South Busse Road in the village of Mount Prospect, Illinois, and is legally described as follows: Tnat part of ,the Southwest ~/4 of Section 23, Township 41 No Range 11 East of the Third Principal Meridian described as follows: Commencing at a point on the West line of Section 2 in said Township and Range, that is 1242.6 feet North of the Southwest corner thereof; thence North along said West line Section 23, 228.1 feet; thence East along a line that is 147 feet North of and parallel with the ~outh line of said Secti n 23, a distance of 586.91 feet; thence South on a line that i 2051.50 feet West of and parallel with the East line of said Southwest 1/4 a distance of 800 feet; thence West on a line that is 670.7 feet North of and parallel with said South lin c: Section 23, a distance of 24.55 feet; thence.Northwesterly 79l.6feet along a line which makes a left deflection of 133 degrees 45 minutes 00 seconds with the last described course tc the point of beginning, all in Cook countYr Illinois, and lying West of a line parallel with and distant 76 feet ~ast f West line of Section 23, all in Cook CountYr Illinois. ' and WHEREAS, a public hearing was held on said Special Use App1 - cation (designated as Case No. ZBA-32-SU-B2) I before the zoning Board of Appeals of the Village of Mount Prospect on September 2 1982, pursuant to proper publication of due notice thereof in the Mount Prospect Herald on August 16, 1982i and n ..-/ A2~SU-82 11/11/82 . ? WHEREAS, the Zoning Board of Appeals has submitted its finding and recommendation to the Village to approve the pro- posed Special Use Application to allow for the continuous use of an existing asphalt manufacture or refining operation as a planned unit development, as set forth on a certain Plat of survey, a copy of which is attached-hereto and made a part of this Ordinance by reference; and WHEREAS, the President and Board of Trustees have con- sidered the Special Use Application and have determined that the subject property complies with the standards set forth in section 14.704 of said Chapter 14 regarding a special use, and with the standards set forth in Section 14.2503 of said Chapter 14 regarding a planned unit development, and the President and Board of Trustees have further considered cer- tain proposed additional uses to be made of the undeveloped portion of the planned unit development, as set forth on a list designated as Exhibit I, a copy of which is attached hereto and made a part of this Ordinance by reference, and have further considered the use ofa portion of the planned unit development property in close proximity to the Northwest Tollway for erection and mai~tenance of an outdoor advertising sign, and it is the determination of the President and Board of Trustees that the best interests of the Village of Mount Prospect would be Obtained by the approval and authorization of the requested Special Use. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorpor- ated herein as findings of fact by the President and Board of Trustees of the Village of MoUnt Prospect. SECTION TWO: . Special Use is hereby approved for..the continua- tion of an existing asphalt manufacture or refining operation, upon the SUbject property, including rock crushing, concrete mixing, and the maintenance of a stone hill or quarry when cccessory to su~h asphalt wanufaqture or refining use, and including the approved use of existing buildin~sandstructures currently upon the subjectpropertY_~curd -desTgnatedon- the at..:---- tached-Platasan integral part of the asphalt manufacturing or refining operation; said Special Use approval being pursuant to Subsection C of Section 14.2201 of Chapter 14 of the Village Code of Mount Prospect, Illinois. SECTION THREE: The continuation of the existing asphalt manu- facture or refining operation pursuant to the Special Use here- inabove approved, and as part of a planned unit developmen~. on the subject property as set forth in the attached Plat is further approved, and the following shall apply with respect to the development, expansion or redevelopment of the subject property as a planned unit development, to-wit: 1. The existing asphalt manufacture or refining operation from the presently existing structures located on the property is approved as part of the subject planned unit development. -2- (\ n ZBA ~... .::,U-82 11/11/82 ~ , ' 2. Rock crushing or concrete mixing use or the maintenance of a stone hill or quarry as an accessory part of the asphalt manufacture or refining operation is approved as part of the planned unit development. 3. The development or redevelopment-of the-subject--propert for one or more of the uses permitted in the 1-1 Limite Manufacturing'District or for one or more of the uses set forth in Exhibit I, attached hereto, is approved as part of the planned unit development, provided that such uses and the location thereof on the subject prop- erty will be in compliance with all other zoning re- quirements and Ordinances of the Village. 4. The erection and maintenance of an outdoor advertising sign on the subject property is approved as. part of the planned unit development provided that such sign is in compliance with County, State or Federal require- ments pertaining thereto. SECTION FOUR: The Village Clerk is hereby directed to record a copy of this Ordinance in the Office of the Cook County Record r of Deeds or of the Registrar of Torrens Titles, where necessary. SECTION FIVE: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form in the manner provided by law. PASSED AND APPROVED this ~ day of np~pmhpr' , 1982. AYES: Arthur, Farley, Floros, Hurauskis, Richardson, wattenberg NAYS: None ABSENT: None PRESIDENT ATTEST: ~ -~ VILLAGE CLERK .,a -3- n o ORDINANCE NO. 3290 AN ORDINANCE GRANTING SPECIFIED VARIATIONS FOR PROPERTY COMMONLY KNOWN AS THE ARROW ROAD CONSTRUCTION COMPANY PROPERTY IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE ~ DAY OF December , 1.982. Published in'pamphlet form by authority of the corporate authorities of the Village of Mount Prospect,. Illinois, the ~ day of December, 1982. ..;3 " n n , , ~ ZBA 33-V-82 11/11/82 ORDINANCE NO. 3290 AN ORDINANCE GRANTING SPECIFIED VARIATIONS FOR PROPERTY COMMONLY KNOWN AS THE ARROW ROAD CONSTRUCTION COMPANY PROPERTY IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS I WHEREAS, pursuant to an Annexation Agreement, the Central National Bank and Trust Company, as trustee under a Trust Agreement dated May 18,. 1977, and known as Trust No. 22461, and Arrow Road Construction Company, sole beneficiary under said Trust, the owner and beneficial owner, respectively, of certain property hereinafter described, located at 3401 South Busse Road, in the Village of Mount Prospect, Illinois, have filed an application seeking variations from certain regula- tions contained in Article XXII of Chapter 14 of the Village Code of Mount Prospect, Illinois; and .wHEREAS, the subject property is described as follows: That part ot the Southwest 1/4 of Section 23, Township 41 Range 11 East of the Third Principal Meridian described as follows: Commencing at a point on the West line of Section 23 in said Township and Range, that is 1242.6 feet North of the Southwest corner thereof; thence North along said West line 0 Section 23, 228.1 feet; thence East along a line that is 1470.7 I feet North of and parallel with the South line of said Sectio \23, a distance of 586.91 feet;\thence South on a line that is .2051.50 feet West of and paralrel with the East line of said Southwest 1/4 a distance of 800 l~et; thence West on a line that is 670.7 feet North of and parallel with said South li,ne oj Section 23, a distance of 24.55 feet; thence Nort~westerly 791. 6 feet along a line \-rhich makes a left deflection of 133 degrees 45 minutes 00 seconds with the last described course 0 the point of beginning, all in Cook County, Illinois, and, 1._ lying West of a line parallel with and distant 76 feet East ~ West line of Section 23, all in Cook County, Illinois. and WHEREAS, the subject property was recently annexed to the Village of Mount Prospect and was thereafter zoned and classifie in the I-I Light Industrial District, and granted a Special Use and planned unit deve~opment approval to allow the continuation of an existing asphalt manufacture or refining operation on the subject property from the existing buildings, structures and other areas where such operation is presently being conducted; and ~ WHEREAS, Applicants seek variations hereinafter set forth from the regulations contained in Article XXII of Chapter 14, of the said Village Code to bring such existing operations' into conformity with Village requirements; and WHEREAS, a public hearing was held on the variation request' (designated as Case No. ZBA-33-V-B2) before the Zoning Board of Appeals of the Village of Mount Prospect, Illinois, on the second day of september, 1982, pursuant to due and proper notice thereof published in the Mount Prospect Herald on August 16, 1982; and (") n ZBA 33-11-82 11/11/82 WHEREAS, the Zoning Board of Appeals has recommended that the President and Board of Trustees of the Village of Mount Prospect grant the requested variations, as hereinafter set forth; and WHEREAS, the President and Board of Truste~s of ~h~_Village of Mount Prospect have determined that the requested variations satisfy the standards set forth in Section 14.605 of Article VI' of Chapter 14, and further find that it would be in the best interests of the Village to grant to Applicants the requested variations. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: J SECTION ONE: The recitals set forth hereinabove are incorporate herein as findings of fact by the President and Board of Trustee of the Village of Mount Prospect, Illinois. SECTION TWO: The President and Board of Trustees do hereby de- termine the structures and uses currently existing upon the subject property are in conformance with the Village Ordinance requirements and Zoning Regulations, and to obtain such con- I formity the following variations of Arti~le XXII of Chapter ],4 are hereby granted: '. , Section l4.2202.B. Variation to permit truck scale platform and curbing to remain wi thin 21 + feet of the side lot line ;;;' and to permit gasoline pumps and-concrete pad to remain wit;hin 7 + feet of the s'ide lot line instead of the 30 foot mh\1mum side yard setback. Sgction l4.2202.C. Variation to permit storage tank area to exist within 7, + feet of rear lot line and to permit frame gar~ge to exist-within 6.44 feet of the rear lot line ' iostead'of the 20 foot minimum rear yard. Section 14.2203.B. Variation from the 80% maximum ground ar~a coverage to permit increased storage of material. ,. 'Section l4.2204.A.2. Variation from the 20 foot maximum I height of goods stored in the open. jSection 14.220S.A.l. Variation from 1 off-street parking space for each 200 square feet to 1 off-street parking I space for each 300 square feet. - Section l4.220S.A.2. Variation to eliminate the pff-~treet I parking requir~ments for the lot area used for st~rage_ ~ - Section 14.2205.D & F. Variation to eliminate provisions of these Sections relating to parking in the industrial rear yards. Section l4.2503.A.8. Variation to eliminate the 10% increase in off-street parking and loading requirements. -2- 1 l( 'j J \//,"\/:.I~ ,0'1./ \ :'\ ! / ( t,-,~ -',~ - ,,/,,-\ n n ZBA 33-V-82 11/11/82 SECTION THREE: Except for the variations granted herein, all other applicable Village of Mount Prospect Ordinances and reg- ulations shall remain in full force and effect as to the subject property. SECTION FOUR: This Ordinance shall be ."iii full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. PASSED AND APPROVED this .2iL day of", "December , 198"2. AYES: Arthur, Farley, Floras, Murauskis, Richardson, Wattenberg" NAYS: None ABSENT: None PRESIDENT ATTEST: ~ VILLAGE CLERK ".,. -3- I I' I I I I ,~ ,-:t:~~i~~j ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 3289 RELATIVE TO A CONDITIONAL USE PERMIT (PLANNED UNIT DEVELOPMENT) FOR PROPERTY LOCATED AT 3401 SOUTH BUSSE ROAD WHEREAS, John Healy, Arrow Road Construction, ("Petitioner") has filed a petition to amend the Planned Unit Development being the subject of Ordinance No. 3289, approved December 7, 1982, for a Conditional Use permit with respect to property at 3401 South Busse Road, ("Property"), and legally described as follows: That part of the Southwest quarter of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian described as follows: Commencing at a point on the West line of Section 23 in said Township and Range that is 1242.6 feet North of the Southwest corner thereof; thence North along said West line of Section 23, 228.1 feet; thence East along a line that is 1470.7 feet North of and parallel with the South line of said Section 23, a distance of 586.91 feet; thence South on a line that is 2051.50 feet West of and parallel with the East line of said Southwest quarter a distance of 800.0 feet; thence West on a line that is 670.7 feet North of and parallel with said South line of Section 23, a distance of 24.55 feet; thence Northwesterly 791.5 feet along a line which makes a left deflection of 133 degrees 45 minutes 00 seconds with the last described course to the point of beginning, all in Cook County, Illinois (except that part lying West of easterly line of Busse Road as taken by the State of Illinois for widening said road, lying West of a line parallel with and distant 76 feet East of the West line of Section 23). and WHEREAS, Petitioner seeks an amendment to the Planned Unit Development being the subject of Ordinance No. 3289 to allow the construction of two (2) silos that measure no more than 80- feet from grade; and WHEREAS, a Public Hearing was held on the request to amend the Conditional Use permit being the subject of PZ-01-08 before the Planning and Zoning Commission of the Village of Mount Prospect on the 24th day of January, 2008, pursuant to proper legal notice having been published in the Journal & Topics Newspaper on the 9th day of January, 2008; and WHEREAS, the Planning & Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ-01-08; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request and have determined that the same meets the standards of the Village and that the granting of the proposed amendment to the Conditional Use permit would be in the best interest of the Village. ~ PZ-01-08, 3401 S. Busse Road Page 2/2 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Ordinance No. 3289 granting a Conditional Use permit, passed and approved on December 7, 1982, is amended by granting a Conditional Use to allow the construction of two (2) new 80-foot tall asphalt silos, as shown in the attached site plan prepared by SEC Group, dated November 4, 2007, a copy of which is attached to and made a part of this Ordinance as "Exhibit A." SECTION THREE: That the Village Clerk is authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of February, 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WI N\ORDINANC\Amend ConUsePUDarrowroad3289feb2008.doc . Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~,.. ~~ ~ ,q \oA FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 15, 2008 SUBJECT: PZ-03-08 - MAP AMENDMENT, CONDITIONAL USE (TOWNHOME PROJE 1040 W. NORTHWEST HIGHWAY VICTOR DZIEKIEWICZ, DESIGN BRIDGE, L TD - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-03-08, a request to construct a 14-unit townhome development requiring Map Amendment and Conditional Use approval, as described in the attached staff report. The Planning & Zoning Commission heard the request at the January 24, 2008 meeting. The Property Owner previously employed another design firm, who appeared before the Planning & Zoning Commission and the Village Board. After making numerous modifications to the project and retaining the services of a different design firm, the Property Owner has submitted plans for a 14-unit townhome development. The Planning & Zoning Commission discussed the Petitioner's request in detail and heard testimony from several neighbors. The neighbors' concerns related to the density of the project, emergency vehicle access within the development, the amount of proposed storm water detention, the impact of the development on the sanitary sewer system, and guest parking on holidays and other special events. Several of the Commissioners felt the proposal was an improvement over the previous submittal. They discussed the elevations, the building materials, and the proposed 20-foot rear setback when Village Code required a 25-foot setback. There was discussion about the amount of required storm water detention vs. the benefit of increasing the capacity of the proposed vault by 25%. The Petitioner agreed to 'over-engineer' the site if there was a need or a justification, and clarified that the proposed below grade storm water detention design would comply with the Village Code requirements. The Planning & Zoning Commission voted 3-1 to recommend that the Village Board approve: 1) a Map Amendment to rezone the property from Bl Business Office to R2 Attached Single Family Residence; 2) a Conditional Use permit for a 14-unit townhome Planned Unit Development subject to the conditions listed in the staff report and the following additional conditions: a. Prior to Village Board review, the Petitioner shall revise the landscape plan to include additional landscaping along Northwest Highway (on private property); b. Prior to Village Board review, the Petitioner shall work with the Mt. Prospect Park District to identify an off-site improvement to meet the Public Benefit requirement; c. Revise the engineering plans to increase the storm sewer vault capacity by 25%; and PZ-03-08 February 15, 2008 Page 2 d. The Home Owners Association Documents shall state that snow will be removed and deposited to an off-site location. Included with this packet is a memo from Project Engineer Chuck Lindelof, which provides an analysis of providing 125% storm water detention for the project. Staff discussed the recommendation and found the need to provide more storm water detention than the amount required by Village Code has not been established through documented calculations, and originated from neighbors' complaints. Also, providing more detention than the Village Code requires places a burden on this property unlike any other property in the Village. Therefore, staff recommends the site be designed according to Village Code requirements. Please forward this memorandum and attachments to the Village Board for their review and consideration at their February 19, 2008 meeting. Staff will be present to answer any questions related to this matter. ~1~l:on~ H:\PLAN\Planning & Zoning COMM\P&Z 2008\MEJ Memo\PZ..o3-08 ME] t-.1EMQ (1040 W NW HWY),doc Mount Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: SENIOR PLANNER JUDY CONNOllY FROM: PROJECT ENGINEER CHUCK L1NDElOF DATE: JANUARY 28, 2008 SUBJECT: PZ-3-08; UNNAMED PUD (1040 WEST NORTHWEST HIGHWAY) We understand that the proposed unnamed Planned Unit Development (PUD) at 1040 West Northwest Highway was recommended for approval by the Planning and Zoning Commission (P&Z) with the additional recommendation that 125% of the stormwater detention volume typically required by the Village Code be installed. We have analyzed the site as part of our review of the requested PUD, and find no reason to support the P&Z's recommendation for the additional volume. It must be understood that the Village Codes regarding stormwater detention have become stricter since the State Farm site was first developed in 1988. The Code now incorporates more accurate rainfall data, accounts for greater runoff rates, and allows for smaller restrictors. The result of these changes is that stormwater runoff would be better controlled on the proposed site than on the existing site and would actually have a positive impact on the neighborhood's drainage system. See below: State Farm Site Proposed Development Chanqe Restrictor Size Discharge Rate Volume Provided 3" 0.63 cfs 0.35 ac-ft 2.5" (estimated) 0.41 cfs 0.50 (estimated) 34% slower 42% greater The plans submitted for the P&Z review are not required to include final engineering details, so we can only estimate the proposed restrictor size and storage volume. However, the design submitted meets the Village Code, and represents a significant improvement over the existing condition. Consequently, we recommend approval of the proposed development without the requirement to provide the additional detention volume. Please feel free to call if you have any questions. ~ Chuck Lindelof H :\Engineering\Development\Reviews\ 1 040NorthwestHwy\PZ-3-08\DrainageRecommend-1 .doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-03-08 Hearing Date: January 24, 2008 PROPERTY ADDRESS: 1040 W. Northwest Highway PETITIONER: Victor Dziekiewicz, Design Bridge, Ltd PUBLICATION DATE: January 9, 2008 PIN NUMBER: 03-33-407-025-0000 REQUEST: 1) Rezone from B 1 to R2 Attached Single Family 2) Conditional Use for a Planned Unit Development MEMBERS PRESENT: Richard Rogers, Chair Joseph Donnelly Marlys Haaland Ronald Roberts MEMBERS ABSENT: Leo Floros Keith Youngquist ST AFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Andrew Skic, Building Inspector Ryan Kast, Administrative Assistant INTERESTED PARTIES: Victor Dziekiewicz, Jacob Swindler, Tim Fulk, Barbara Glombowski, Paul Glombowski, Mark Kaitchuck, Jan Ramion, , Lou Sbarboro, Mary Simon, Jean Spejcher Chairman Richard Rogers called the meeting to order at 7:30 p.m. Marlys Haaland made a motion to approve the minutes of the October 25, 2007 meeting and Ronald Roberts seconded the motion. The minutes were approved 3-0 with Chairman Rogers abstaining. Joseph Donnelly made a motion to continue Case Number PZ-38-07 to the February 28, 2008 Planning and Zoning Commission meeting; Mr. Roberts seconded the motion. The motion was approved 4-0. After hearing two previous cases, Chairman Rogers introduced Case PZ-03-08, a request to Rezone from B 1 to R2 attached Single Family and a Conditional Use for a Planned Unit Development at 1040 W. Northwest Highway, at 8:12 p.m. Judith Connolly, Senior Planner, stated that the developer arranged a meeting with interested parties on Monday, January 21, 2008. Therefore, some of the information presented may be adjusted due to this meeting, however the general concepts and the number of units remain the same. She said that the Subject Property is located on the north side of Northwest Highway, between Dale and Forest Avenues. The site currently contains the vacant State Farm office building with related improvements. The Subject Property is zoned B1 Business Office and is bordered by the RX Single Family District to the north and east, railroad tracks to the south, and by an R2 Attached Single Family Planned Unit Development to the west, the Villas of Sevres. The Villas development has 6.4 units/acre density and received zoning approval in 2002. Ms. Connolly said the Property Owner previously employed another design firm, who appeared before the Planning & Zoning Commission and the Village Board, seeking approval of a 17-unit townhome development. Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-03-08 Page 2 After making numerous modifications to the project and retaining the services of a different design firm, the Property Owner has submitted plans for a 14-unit townhome development. Ms. Connolly stated that the Subject Property is currently zoned B 1 Business Office. The Petitioner is requesting approval to rezone the Subject Property to R2 Attached Single Family. The R2 district allows a maximum density of 10 dwelling units per acre for multi-family developments. The Petitioner's proposal includes a density of 6.7 units per acre (14 units/2.08 acres), which falls below the maximum density permitted within the R2 District. Deducting the drive aisle as it is similar to a street, the site measures 1.77 acres, which is 7.9 units per acre. Ms. Connolly said the Petitioner is also requesting approval of a Conditional Use permit for a Planned Unit Development for the townhome development. This request is due to the Village Code's requirement that two or more multi-family residential buildings may be located on the same zoning lot only as part of an approved Planned Unit Development (PUD). The PUD process also allows for unified zoning control over the entire development, which would require formal Village approval if any modifications to the development are proposed in the future. Ms. Connolly clarified that if the Petitioner wanted to increase the amount of units or change the design, they would need to go before the Village Board for review and approval. Ms. Connolly stated that the site plan illustrates the proposed layout for the 14-unit townhome development. The development would consist of: (2) 4-unit buildings and (2) 3-unit buildings. The Development will be accessed from Northwest Highway and have one means of ingress/egress. The access aisle/driveway that loops throughout the development measures 24-feet wide and allows for 2-way traffic throughout the development. The cul-de-sac designs and required fire lane have been reviewed by the Fire Department and found to comply with the Village Code requirements. Ms. Connolly said the Petitioner's site plan indicates that the project would have approximately 49.9% lot coverage, which is below the 50% limitation. Ms. Connolly said the elevations indicate each building will have peaked roofs and each unit will have a front- loading 2-car garage. The building materials for the exterior elevations will consist of stucco, two types of brick, and Renaissance stone. Also, wood decks will be included on the rear elevation of all units. Ms. Connolly stated that the Petitioner's proposal indicates that there will be multiple types of floor plans for the townhomes. Each unit would include at least 3 bedrooms, with some floor plans including a loft. The Village Code requires 2 Y2 parking spaces per dwelling unit (for multiple-family dwellings containing 3 bedrooms or more). The Petitioner's proposal contains a 2-car garage plus two driveway parking spaces per unit. In addition, the Petitioner proposes 14 guest parking spaces to be shared by the development; currently on-street parking is not allowed on Northwest Highway. She said Village's Engineering Division reviewed the feasibility of creating on- street parking along Northwest Highway and found it could be done, subject to IDOT approval and designing the on-street parking in a manner that provides an unobstructed view for a motorist exiting the site. Ms. Connolly said that the Petitioner did not include this in their proposal, but she wanted to clarify that this could be done per IDOT's approval. Ms. Connolly stated the Petitioner's landscape plan indicates that a variety of new landscaping materials will be planted throughout the development. She mentioned that changes were made due to comments and feedback by the neighbors at the meeting. The Petitioner will review the plan in greater detail during his presentation. Ms. Connolly said the Petitioner has submitted preliminary storm water detention plans and is working with the Village Engineer to document that the design will comply with Village Code regulations. A final design is will be submitted as part of the Building Permit process, and the minor comments noted in the Staff report can be addressed at that time as well. Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-03-08 Page 3 Ms. Connolly stressed that the proposed development will be subject to all development requirements, as detailed in Section 15.402 of the Village Code. Ms. Connolly addressed comments from a meeting with neighbors. She contacted Public Works and learned that this area is not a known problem area with respect to the sanitary sewer infrastructure. In fact, the area is rated average or better. Also, the Village has been replacing pipes in poor condition. By the end of2008, all pipes in Mount Prospect will have a rating of 3-2-or-l, with 5 being the worst. Ms. Connolly confirmed with the Project Engineer that the new development is creating less impervious surface, which will put less water in the storm system. The Petitioner can go into more detail if need be, but basically the new storm water detention will improve current conditions. Ms. Connolly stated that the property is located along a state highway, on a commercial corridor. It is adjacent to a townhome development (Villas of Sevres), and single family residences. The Comprehensive Land Use Map designates the Subject Property as Single Family Residential, and the development is consistent with a townhome development approved by the Village Board in 2002. Ms. Connolly said the standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: . The compatibility with existing uses and zoning classifications of property within the general area of the property in question; . The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; . The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and . Consistency with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. Ms. Connolly stated that the Subject Property is adjacent to an existing townhome development and single-family residences. It would be consistent with recent developments approved in the Village and it would be an appropriate use for the Subject Property. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property. Ms. Connolly said the standards for approving a Planned Unit Development are listed in Section 14.504 of the Village Zoning Ordinance. The section contains specific findings that must be made in order to approve a Planned Unit Development. These standards relate to: . The proposed development complies with the regulations of the district or districts in which it is to be located; . The principal use in the proposed Planned Unit Development is consistent with the recommendations of the Comprehensive Plan of the Village for the area containing the subject site; . That the proposed Planned Unit Development is in the public interest and is consistent with the purposes of this Zoning Ordinance. . That the streets have been designed to avoid inconvenient or unsafe access to the Planned Unit Development and for the surrounding neighborhood; and that the development does not create an excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the Planned Unit Development. Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-03-08 Page 4 Ms. Connolly stated that the proposal is consistent with the recently updated Comprehensive Land Use Map. Also, the townhomes are in keeping with previously approved redevelopment projects in this area of the Village. The development has been designed in a manner that provides safe access to and from the development. Ms. Connolly said the proposed Map Amendment and Conditional Use requests meet the standards for each request as listed in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve: 1) a Map Amendment to rezone the property from Bl Business Office to R2 Attached Single Family Residence; 2) a Conditional Use permit for a 14-unit townhome Planned Unit Development subject to the following: A. Development of the site in general conformance with the site plan and landscape prepared by Design Bridge, revision date to be confirmed; B. Development of the units in general conformance with the floor plans prepared by Design Bridge, revision date January 14,2008; C. Development of the elevations in general conformance with the site plan prepared by Design Bridge, revision date January 14,2008; D. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development; E. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's association documents for Staff review and approval; and F. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards." Ms. Connolly stated that the Village Board's decision is final for this case, 1040 W. Northwest Highway, Case No. PZ-03-08. Chairman Rogers requested that the building elevation be displayed as it did not match the elevation in his Commission packet. He said there seemed to be some differences as the peak roof and garages look different and that there is no stucco shown on his elevation, it is all brick. Joseph Donnelly suggested that the view on sheet A-I.3 (dated January 14, 2008) is an angle view, this would explain why Chairman Rogers is not able to view the sides. Chairman Rogers said the peaked roofs are not the same. Ms. Connolly checked the materials on sheet A-l.3 and said the Petitioner could discuss why there is possibly a discrepancy in the rendering elevation. Chairman Rogers said there is brick on the projection and stucco on the back wall. Ms. Connolly stated that is correct. Chairman Rogers swore in Victor Dziekiewicz, Principal of Design Bridge, Ltd, 1415 W. Grand Avenue, Chicago, IL, and his assistant, Jacob Swindler, 1232 W. Huron, Chicago, IL. Chairman Rogers asked if there is a different elevation shown in the Staff's presentation than the copy of the elevation provided to the Commission. Mr. Dziekiewicz explained that they should be the same. He said that this development is unique unlike most developments set in rows. The proposed elevation rotated the buildings so Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-03-08 Page 5 they're offset from one another. The 3D view is a clear representation of what will be seen on site. This would be a different than looking head on. Stucco would only be used in a small area; the rest of the sides, front, and back would be two (2) different colors of brick. Chairman Rogers mentioned that this was an innovative design and was surprised in the way everything fit while providing neighbors with some green space. Mr. Dziekiewicz stated that he did review Village tapes of previous meetings and he spent time listening to the things that were said. There is more yard space between the proposed development and the neighbors on the East and West side. He took a cue from Northwest Highway and created the rotation of the site, and he was able to squeeze the development in. The facades facing the neighbors would not just be flat, but would be staggered so there would be a significant amount of expression rather than having just a plain wall. The original proposal included 17 units and he believes 14 is a good compromise for the project to be viable; anything less would not work for his client. Mr. Dziekiewicz briefly discussed the 3D view. There would be 10 "A" units, 2 "B" units, and 2 "C" units. The basic "A" units are a standard 3 bedroom layout. The living day functions on the ground level with parking. The bedrooms would be upstairs. The units contain a 2 car garage with an additional two parking spots on the driveway. The buildings are staggered to create private entryway and each unit faces its own driveway. The "B" and "C" units vary with the option of having the master bedroom on the ground floor. Mr. Dziekiewicz stated that he met with neighbors and wanted to address some of their concerns. He discussed the landscaping and stated that all units would have basements. The escape windows and air conditioning unit would be in the back of the unit, the decks measure 12' x 18'. He also mentioned the circular turn area in the development would be the area for underground detention. He stated that the water on the property would go through a restrictor and would be designed according to the Village requirements and the requirements of dealing with a 100 year storm. Mr. Dziekiewicz said that emergency vehicle access works with the Fire Department equipment. He created a template for the Fire Department to review and it provided ample maneuvering room, meeting Code requirements. Mr. Dziekiewicz reviewed the plan for the existing trees and created a new landscape plan. Concerns were raised from the townhome neighbors to the West, this allowed the Petitioner to change the type of shrubberies. He also stated that trees and bushes would shield the auxiliary parking area for the neighbors. He said that the proposed landscaping will contain more green space that is currently on the property. Mr. Dziekiewicz stated that the setback on the East side is 50 feet; the last proposal was at 40 feet. He also mentioned that there is a 30 foot set back on the West side. He added that the setbacks are greater in this new proposal and asked if any of the Commission members had a question. Chairman Rogers mentioned that there was little landscaping along Northwest Highway. He said more parkway trees were needed along with more landscaping in the 30 foot setback. Ms. Connolly mentioned that the Village would require that trees be planted, by the Village, on the parkway at the developer's expense. The trees would be planted during the spring or fall Village planting schedule. Mr. Donnelly asked what the price range is on the townhomes. Mr. Dziekiewicz said between the low $500,000s and middle $600,000s. Mr. Donnelly mentioned that part of the PUD requires that there has to be a benefit to the community, he asked Staff how this requirement was met. Ms. Connolly said that in the past, Petitioners have been allowed to make a donation to the Park District for improvements to a local park. She asked that the Petitioner have this benefit prepared prior to the Village Board meeting. Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-03-08 Page 6 Mr. Donnelly noticed that the rear setback requirement for R2 is 25 feet and the proposed setback is 20 feet. He wanted to know if we needed to include this as part of the amendment; Ms. Connolly said she would look into this. Mr. Donnelly stated that this set back was indicated on a chart in the Staff report on page 4. Mr. Donnelly continued and referred to page A-l.O of the Petitioner's packet. He asked if the 14th parking space is handicap or if the parking is 14 plus one additional handicap space. Jacob Swindler confirmed there are 14 spaces; they had to remove a handicap space due to the lot coverage limitation requirements. Mr. Donnelly asked the Petitioner to adjust the exhibits accordingly. Ms. Connolly advised that she received e-mails from the neighbors and stated that they were included in the Commission's packet. Chairman Rogers confirmed that these would be submitted into the records. Chairman Rogers swore in Mary Simon, Vice President for the Homeowner's Association, 803 W. Isabella, Mount Prospect, IL. Ms. Simon stated that she is representing the association and its concerns. She stated that she met with the Petitioner on Monday, January 21 and mentioned that the Petitioner has only covered a few items. She said that the first zoning change on the property was for State Farm and now there is a request to have the zoning changed again to multi-family units that use to be Yz acre lots. She stated that prior to State Farm, the whole neighborhood was zoned RX Single Family. Ms. Simon's biggest concern is density. She said that in the past, there were 17 units proposed and that the Village Board said that was too much. She mentioned that the Village Board said the highest amount it would allow on the site would be 14. She agreed with the previous mention of 12 units or under, 14 units are too many. Ms. Simon feels that the Village is using the townhomes (Villas) to the West as precedent for the area. She feels that multi-family developments are going to continue in the area based on previous cases. She said that when the Villas were built, only one property was affected. This proposal directly affects nine homes and the entire neighborhood. She is concerned with the storm sewers and water. Water is backed up all the time and the neighborhood was built over a creek. She said sump pumps are constantly going off and fears the addition of 14 townhomes (laundry, dishes, toilets, bath, etc.) would tax the system. Ms. Simon told the Petitioner that she is still confused on the location of the windows, and location of the air conditioning units. She also said the last time this property went to Village Board that the Police Department wanted a fence. A fence is not addressed in this proposal and she is confused by what the Village wants. Other concerns included snow removal and where would cars be placed if all the parking spaces were filled. She states that extra cars would park in the neighborhood with people cutting through yards. Ms. Simon said she learned that the storm water goes through the neighborhood as mOT does not allow it to go to Northwest Highway. She said the plans on the garages included a 19' x 19' size. She spoke with an architectural student and questioned what size a garage should be. She found out that the minimum size should be 20' x 22' and stated that the Petitioner is making the smallest garage to say it's a 2-car garage. She has additional concerns on the real estate market, and believes that a couple units may sell and fears the remaining would become rentals. Ms. Simon calculated the lot coverage on her own by using the buildings, decks, and parking spaces. She came up with 50% coverage and wants the numbers that the Petitioner provided to be checked. Ms. Simon disagrees that this development is compatible with the neighborhood. She briefly discussed the elevations and what the neighbors would eventually see from their point-of-view. She concluded by stating that this new proposal is much better than what was submitted in the past, but still believes that 14 units is too dense and it will be a detriment to the neighborhood. Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-03-08 Page 7 Chairman Rogers wanted to clarify the lot coverage. Ms. Connolly said the calculations are based on the Petitioner's information and her understanding is the road is included when figuring out lot coverage; she asked the Petitioner to verify. Mr. Dziekiewicz says that he is able to accurately measure lot coverage with today's computer technology, and that 49.9% is correct. Ms. Simon said that she is confused because she added the square footage of every building and ended up with 50%. She also wanted to clarify an error stating that page A- 1.0 in the Petitioner's packet contains an error, this page states that there are 12 "A" units as opposed to the correct number of 10. Mr. Dziekiewicz confirmed that square footage is dimensional as it would include the 2nd story, etc. Ms. Simon said she now understood the Petitioner's calculations. Chairman Rogers swore in Tim Fulk, 1003 Isabella, Mount Prospect, IL. Mr. Fulk stated his property backs up to the proposed location and has been following the project since previous proposals at neighborhood meetings. He said that it is difficult to develop the site. According to Mr. Fulk, other townhome developments that have been approved have never been to 7 single family homes in the RX zoning district. He discussed the possibility of having 11 or 12 units as this would increase the distance from the lot lines and create more green space. Mr. Fulk concluded by stating that he wants quality and not quantity, and he urged the developer to build fewer units. Chairman Rogers swore in Paul Glombowski, 206 MacArthur, Mount Prospect, IL. Mr. Glombowski wanted to reinforce some of the objections that were discussed by his neighbors. He is concerned with the proposed development being surrounded by the RX zoning. He said the current proposed property does not have a pass through access road like the adjacent townhomes (the Villas). The proposed site is landlocked. He forecasted a worst case scenario in which parking over busy holidays would obstruct emergency response equipment. He disagrees that there is adequate turning room for emergency vehicles. Mr. Glombowski stated that the Fire Department was doing drills last summer on the State Farm site. He advised them not to spray water as the lot would fill up as it does not drain fast. He mentioned that there is currently a restrictor that services the Northwest Meadows Association. He believes that this is plugged up as it fills up fast and drains slower than a 2.5 inch restrictor would normally allow. Mr. Glombowski also disagrees with the Public Works assessment stating that the sewer and sanitary lines are average or better. He stated that the additional taxing on the 50 year old system would cause expensive repairs and believes that Staff and the Commission should talk to Public Works. Ms. Connolly clarified that she spoke with the Water Superintendent, who stated that they are currently working on a spot repair program, where Public Works is lining four to five miles of sewer a year. This is a CIP project with over $3 million spent to correct worst case scenarios. They use a scale of 1-5 to classify the condition of the pipes with 3,2,1 (average to best) and 4's and 5's are the worst. Public Works projects there will be no pipes worse than a 3 by the end of2008. Chairman Rogers asked when the Villas were built, he said the water went to through the neighborhood. Mr. Glombowski advised no. He said the sewer from State Farm goes directly through his property. Chairman Rogers asked again where does the water run from the Villas? Mr. Glombowski said down Dale Avenue (the other direction from the surrounding neighborhood). Mr. Glombowski continued by stating that with the storm last summer, there was a lot of water overflowing at the State Farm building. He said most of the storm water was absorbed by the surrounding properties with the exception of one neighbor. Chairman Rogers clarified that there would be more green space on the proposed property than the current amount. Mr. Glombowski stated that he is aware of the change, but not certain it will do its job and has his doubts. Mr. Glombowski concluded by stating that the Staff recommends that this proposal be accepted, and he disagrees vigorously. Ms. Simon mentioned Meadows Pool and the giant basin that was installed to catch the water. She stated that they had to re-design the parking lot to be a retention basis. She wanted to know if these 14 units had the same problem. What would be done to fix it? She said the site is landlocked and wanted to know what the Petitioner would do. Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-03-08 Page 8 Chairman Rogers swore in Lou Sbarboro, 702 French Way, Mount Prospect, IL. Mr. Sbarboro said he is concerned with parking. He never heard anything about anyone seeking to put parking on Northwest Highway. He briefly discussed his safety concerns with traffic turning onto Northwest Highway and was surprised to hear that this subject came up. Chairman Rogers said this is not an option being proposed, but he does know people are looking into this is as a possibility, and he understood Mr. Sbarboro's concerns. Mr. Donnelly stated that he drove through the Villas and asked where the homeowners park extra cars when residents have parties. He noticed that there isn't substantial parking on their property. Mr. Sbarboro said that the subdivision is a unique situation; families allow others to park on each others' driveways and it all works out. Chairman Rogers swore in Jean Spejcher, 202 MacArthur, Mount Prospect, IL. She stated that her backyard has the largest impact to the proposed development. Her concern is about the water and she stated that she does understand that there will be more green space. She said with the addition of 14 units, there is going to be more need for the water to be absorbed. She concluded by stating that the proposed development will have higher needs and feels there will be an imbalance in the current system. Chairman Rogers asked if there were any other questions from the audience. Hearing none, he asked the Petitioner to address questions raised by the neighbors. He asked the Petitioner what they have done to protect the homeowners: Mr. Dziekiewicz stated that the parking lot would be its own detention pad. Currently, there is a substantial non-permeable surface. He suggested that the current restrictor on the site may not be working. He tried to maximize the side yard spaces so that they could be as far away from the homes as possible, and they also created as much green space as possible. Mr. Dziekiewicz also wanted to clarify and separate the sewer system and the water detention system, even though they will eventually connect. He said that they are considered separate from an engineering stand point. The vault and inlets are designed for a storm. Storm water will eventually end up in the system, but the vault was built to allow it to enter the system at a slower rate. Mr. Dziekiewicz said by creating a great amount of permeable space, the significant amount of rain water will go away as it was intended to if there was no development at all. When storage for natural percolation would not be sufficient, that is when the inlets would take over and water runs into the storm system vault. The water would be contained on-site and would flow at a rate it is intended to be compatible with a 100 year storm. There was brief discussion on water that would enter the sewer system. Chairman Rogers mentioned the biggest problem seems to be storm water. He asked the Petitioner how much acreage feet is in the vault. Mr. Dziekiewicz stated that his engineer was not at the hearing, but the overall size of the vault is 21,800 cubic feet. Based on the plans, the vault looks like it measures 60' x 50'. Chairman Rogers asked if the poured concrete vault could be increased by 25% more than what is required. There was a brief discussion about possibly increasing the size of the vault by 25%. Mr. Dziekiewicz said he would need to discuss this with his Civil Engineer, but would consider increasing the size of the vault if there was a valid need to do so. Chairman Rogers said increasing the vault size would allow water to stay on the site for a longer period of time. Chairman Rogers asked about the 19' x 19' size of the garage stating that 20' x 20' is usually the minimum size. Mr. Dziekiewicz stated that he has a 19' x 19' garage and it works out fine. Mr. Donnelly asked to confirm that there was a separate area in the garage for garbage and recycling containers. The Petitioner stated that there is an area for the containers and it is not included in the 19' x 19' dimension. Richard Rogers, Chair Planning & Zoning Commission Meeting January 24, 2008 PZ-03-08 Page 9 Chairman Rogers asked the Petitioner about snow removal. Mr. Dziekiewicz replied that the homeowners' association documents could be written to require off-site snow removal. Chairman Rogers asked if this could be made a requirement; the Petitioner agreed to the condition. Mr. Donnelly asked if the Police Department required a fence, he stated that the Developer would have to install due to specifications provided by the association. Mr. Dziekiewicz asked Staff if they knew if a fence was required or not. Ms. Connolly said that the Police made a recommendation for a fence with the last proposal as a way to deter crime or a cut through. They did not make this comment this time. Ms. Connolly questioned if the Police Department did not address this matter on this submittal since neighbors strongly objected to a fence last time. Mr. Donnelly said he remembered the discussion. Mr. Dziekiewicz said if a fence would be required, it would be installed. Chairman Rogers asked for a motion to include the increase of the storm sewer detention be increased by approximately 25%. Mr. Donnelly added in the benefit for the community. Ms. Connolly repeated the additional conditions of approval: A. Install additional landscaping along Northwest Highway; B. Note a 20-foot rear setback; C. Identify the public benefit before Village Board review; D. Increase the storm vault capacity by 25%; and E. Require the association to remove snow off site. Ms. Connolly asked if anything else needed to be added. Mr. Donnelly asked about the fence requirement; Ms. Connolly stated that she would confirm with the Police Department. Chairman Rogers said the consensus with the Petitioner and neighbors is no fence, which he supports. Joseph Donnelly made a motion to approve Case Number PZ-03-08, the rezoning of 1040 Northwest Highway from Bl to R2 attached single family and to approve a Conditional Use for a Planned Unit Development with the conditions listed in the Staff Report and the additional conditions agreed upon tonight and just noted by Staff, for the property located at 1040 W. Northwest Highway, Case No. PZ-03-08; Marlys Haaland seconded the motion. UPON ROLL CALL: AYES: Donnelly, Haaland, Rogers NAYS: Roberts Motion was approved 3-1. After hearing two additional cases, Joseph Donnelly made a motion to adjourn at 10:08 p.m., seconded by Ronald Roberts. The motion was approved by a voice vote and the meeting was adjourned. ~ ;:1#- Ryan Kast, Community Development Administrative Assistant H:\PLAN\Planning & Zoning COMM\P&Z 2008\Minutes\PZ-()3-08 1040 W. Northwest Hwy,doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-03-08 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 1040 W. Northwest Highway Victor Dziekiewicz, Design Bridge, Ltd Mount Prospect Development Group, LLC 03-33-407 -025-0000 2.08 acres B 1 Business Office Office building (vacant) 1) Rezone from B 1 to R2 Attached Single Family 2) Conditional Use for a Planned Unit Development LOCATION MAP ~ ... l:J S I __ WTHAYER.$L W HS:.LU"iV CT MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JANUARY 17,2008 HEARING DATE: JANUARY 24, 2008 SUBJECT: PZ-03-08 - MAP AMENDMENT & CONDITIONAL USE (PUD TOWNHOME DEVELOPMENT) 1040 W. NORTHWEST HIGHWAY - VICTOR DZIEKIEWICZ (APPLICANT) BACKGROUND A public hearing has been scheduled for the January 24, 2008 Planning & Zoning Commission meeting to review the application by Victor Dziekiewicz (the "Petitioner"), regarding the property located at 1040 W. Northwest Highway (the "Subject Property"). The Petitioner is seeking: 1) to rezone the Subject Property from Bl Business Office to R2 Attached Single Family, and 2) approval of a Conditional Use permit for a Planned Unit Development. The P&Z Commission hearing was properly noticed in the January 9, 2008 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250- feet and posted Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the north side of Northwest Highway, between Dale and Forest Avenues. The site currently contains the vacant State Farm office building with related improvements. The Subject Property is zoned Bl Business Office and is bordered by the RX Single Family District to the north and east, railroad tracks to the south, and by an R2 Attached Single Family Planned Unit Development to the west, the Villas of Sevres. The Villas development has 6.4 units/acre and received zoning approval in 2002. SUMMARY The Property Owner previously employed another design firm, who appeared before the Planning & Zoning Commission and the Village Board, seeking approval of a 17-unit townhome development. After making numerous modifications to the project and retaining the services of a different design firm, the Property Owner has submitted plans for a 14-unit townhome development. The various elements of the proposal are outlined below: Rezoning Request - The Subject Property is currently zoned B 1 Business Office. The Petitioner is requesting approval to rezone the Subject Property to R2 Attached Single Family. The R2 district allows a maximum density of 10 dwelling units per acre for multi-family developments. The Petitioner's proposal includes a density of 6.7 units per acre (14 units/2.08 acres), which falls below the maximum density permitted within the R2 District. Deducting the drive aisle as it is similar to a street, the site measures 1. 77 acres, which is 7.9 units per acre. PZ-03-08 Planning & Zoning Commission meeting January 24, 2008 Page 3 Conditional Use for a Planned Unit Development - In addition to the requested rezoning, the Petitioner is also requesting approval of a Conditional Use permit for a Planned Unit Development for the townhome development. This request is due to the Village Code's requirement that two or more multi-family residential buildings may be located on the same zoning lot only as part of an approved planned unit development (PUD). The PUD process also allows for unified zoning control over the entire development, which would require formal Village approval if any modifications to the development are proposed in the future. Site Plan - The attached site plan illustrates the proposed layout for the l4-unit townhome development. The development would consist of 4 townhome buildings: (2) 4-unit buildings and (2) 3-unit building. Each of the townhome units would have a separate entrance, a two-car garage, and a two-car driveway. The pavement width of the access aisle/driveway throughout the development is 24-feet and allows for 2-way traffic throughout the development. Also, the plan reflects the Fire Department's requirements for a Fire Lane throughout the site. Building Design - The enclosed elevations indicate the architectural composition of the townhomes. Each building will have peaked roofs and each unit will have a front-loading 2-car garage. The building materials for the exterior elevations will consist of stucco, two types of brick, and Renassance stone. Also, wood decks will be included on the rear elevation of all units, and the buildings will be staggered, creating a sense of privacy. Site Access - The proposed site plan indicates that the development will be accessed from Northwest Highway and have one means of ingress/egress. The access aisle/driveway that loops throughout the development provides access to the individual driveways. The Petitioner included a turning radius plan to demonstrate that Emergency Vehicles can access the site. The Petitioner's Engineer worked with the Village Fire Marshal to ensure the site allows access for the Department's vehicles. The enclosed plan documents that the vehicle will be able to safely enter and exit the site. Parking - The Petitioner's proposal indicates that there will be multiple types of floor plans for the townhomes. Each unit would include at least 3 bedrooms, with some floor plans including a loft. The Village Code requires 2 Y2 parking spaces per dwelling unit (for multiple-family dwellings containing 3 bedrooms or more). The Petitioner's proposal contains a 2-car garage plus two driveway parking spaces per unit. In addition, the Petitioner proposes 14 Guest Parking Spaces to be shared by the development; on-street parking is not allowed on Northwest Highway. However, Engineering reviewed the feasibility of creating on-street parking along Northwest Highway and found it could be done, subject to IDOT approval and designing the on-street parking in a manner that provides an unobstructed view for a motorist exiting the site. Lot Coverage - The Petitioner's site plan indicates that the project would have approximately 49.9% lot coverage, which is below the 50% limitation. Landscape Plan - The Petitioner's landscape plan indicates that a variety of new landscaping materials will be planted throughout the development. The landscape plan indicates that shade, ornamental, and evergreen trees will be the primary screening material around the perimeter of the Subject Property. Preliminary Engineering - The Petitioner has submitted preliminary storm water detention plans and is working with the Village Engineer to document that the design will comply with Village Code regulations. A final design is typically submitted as part of the Building Permit process. However, the following comments were noted and Engineering noted the issues are fairly minor, and can be worked out as part of the Building PermitlReview process: 1. The parkway trees are not shown, and may be in conflict with the proposed driveway. If the driveway cannot be modified to accommodate the tree, it will have to be removed and a fee for replacement paid by the Developer. PZ-03-08 Planning & Zoning Commission meeting January 24, 2008 Page 4 2. Revised landscape plans indicate shrubs to be planted in the cul-de-sac island. However, it is under this island where underground storage chamber for stormwater detention shall be installed. It is unclear if sufficient space would be provided above the detention chamber to allow for the planting of the shrubs; the final design must address this concern. 3. A fee shall be paid for new parkway trees, which shall be planted by the Village. The number, type, and locations of the trees shall be determined by the Village and can be addressed at time of building permit application. It should be stressed that the proposed development will be subject to all development requirements, as detailed in Section 15.402 of the Village Code. The comments noted above represent a cursory review, and are provided as a courtesy to facilitate the submittal, review, and approval of the plans for a Building Permit. COMPREHENSIVE PLAN DESIGNATION AND ZONING The property is located along a state highway, on a commercial corridor. It is adjacent to a townhome development (Villas of Sevres), and single family residences. The Comprehensive Land Use Map designates the subject properties as Single Family Residential, and the development is consistent with a townhome development approved by the Village Board in 2002. GENERAL ZONING COMPLIANCE The following table provides zoning district information for the property's proposed zoning classification and summarizes the proposed setbacks. Zoning District R2 Proposed R2 MAP AMENDMENT STANDARDS The standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: · The compatibility with existing uses and zoning classifications of property within the general area of the property in question; · The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; · The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and · Consistency with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. PZ-03-08 Planning & Zoning Commission meeting January 24, 2008 Page 5 . Consistency with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. The Subject Property is adjacent to an existing townhome development and single-family residences. It would be consistent with recent developments approved in the Village and it would be an appropriate use for the Subject Property. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property. PLANNED UNIT DEVELOPMENT STANDARDS The standards for approving a Planned Unit Development are listed in Section 14.504 of the Village Zoning Ordinance. The section contains specific findings that must be made in order to approve a Planned Unit Development. These standards relate to: . The proposed development complies with the regulations of the district or districts in which it is to be located; . The principal use in the proposed planned unit development is consistent with the recommendations of the comprehensive plan of the village for the area containing the subject site; . That the proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance. . That the streets have been designed to avoid inconvenient or unsafe access to the planned unit development and for the surrounding neighborhood; and that the development does not create an excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. The proposal is consistent with recently updated Comprehensive Land Use Map. Also, the townhomes are in keeping with previously approved redevelopment projects in this area of the Village and the proposal complies with the R2 Zoning District regulations. The development has been designed in a manner that provides safe access to and from the development. RECOMMENDATION The proposed Map Amendment and Conditional Use requests meet the standards for each request as listed in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve: 1) a Map Amendment to rezone the property from B 1 Business Office to R2 Attached Single Family Residence; 2) a Conditional Use permit for a 14-unit townhome Planned Unit Development subject to the following: A. Development of the site in general conformance with the site plan and landscape prepared by Design Bridge, revision date January 14,2008; B. Development of the units in general conformance with the floor plans prepared by Design Bridge, revision date January 14,2008; C. Development of the elevations in general conformance with the site plan prepared by Design Bridge, revision date January 14,2008; D. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development; PZ-03-08 Planning & Zoning Commission meeting January 24, 2008 Page 6 E. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's association documents for Staff review and approval; and F. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards." The Village Board's decision is final for this case, 1040 W. Northwest Highway, Case No. PZ-03-08. I concur: w~~]eY, A~;Ofcommunity Development IJmc H:\PLAN\Planning & Zoning COMM\P&Z 2008\StaffReport\PZ-03-08 MEMO (1040 W NW HWY lownhome project Rezone Conditional Use).doc VILLAGE OF MOUNT PROSPECT Mount Prospect COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Pnone 847-818-5328 FAX 847-818-5328 Map Amendment Request ~ Z Case Number 0 P&Z - - .... E-t <.-. Development Name/Address ~-a O~ Date of Submission r..~ Z..... ....0 ~'-' ~ Hearing Date ~ ~ Common Address(es) (Street Number, Street) 10 " LJ&" ~P- Site Area (Ac.) 'Z.o Proposed Development and Land Use 1+ '< tg- , "1.- Total Building Sq. Ft. (Proposed) 3-s-'1 z - .-'~ra.. Setbacks (Prop.) Front lot :>MiS Building Height 2..4' ~.I Lot Coverage (%) 41. ~ 1.. 7. Tax LD. Number or County Assigned Pin Number(s) 03,.. ~ 1> - 4"7- O'L~ "'0000 Side ~ 0' (t;;"S"t # of Parking Spaces f Pt'...... UNn' .,. 17 (, ~rr 0; 7l 1'0 Side "S" 0' ( ~.sT z o .... E-t < ~ o r.. Z .... ~ E-t .... VJ L. Legal Description (attach additional sheets if necessary) - ~':'..t\.. A"tTAcMn.\ s ..r;f\:I" .. 1 .... <I.l c: Z ~ 00 E=:c < .... ~& ~ 8 O~ ro..,l Z .... ~ ~ o ~I " .... ::ld <I.l U g <'C = 'iJ ~ 1 Z 81 Eo< '" <ca ~ .~ OJ! ro.., 0 ~d:: ~= z <I.l ~[ o 0 ~o " > ::ld <I.l uCl <I = Name G LLc. Zip Code boOI~ 1ft. c,,1 ,1. City C. "44 D Developer Name M'1. 'P1t'::'SPr:GT bE:~PMIV'T "~Q' (.\,., Address '2.1'0 (1.a~ p....4t) Zip Code , 06 "t. 1- \)f:S l>\....Nt'S , Xl ~OOI~ Attorney Name ---.rIa 1"",. R.UC,M'IVI Address 30Dv ~UIl1l>~ii. Q.D. J SUaTi\, ""1" tJown\1SCb'" , :t l 6b" ,'- Surveyor Name N /rn~ ~~IC"f;'t Address ~O S l:uJ~'" MIGlt't,AAI ~"" I too GM,CI\C:;".:tL '0' () 3' . Engineer ....E. etJC'~"N 'E:^,~I~"'o.NC. '1h. Name 'i'S'" ~....c.r... bHt~ , ,s",H," A Address ~M'1 S t. AIC-Ji. ,;I. L 60() 1 0 Architect ~S'I~IV<<"'ID<1\.. L-rb. Name H I-s-" t..). '- t1.i,wf.) ~ vf, . Address c.~ I' ~, 0 ;J..l. ,,,' "t. "L Landscape Architect Name Address 307 ,.,. t1~~IW A~ I ~n. 'b\ GH~'7? j'l &0'01 , Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois 2 Telephone (day) 706.-4+S"-Z,8!t> Telephone (evening) Fax 70'0 - 000 Pager Telephone (day) "1'- - -4"2.1 ... 5' S S Telephone (evening) Fax: :5\"Z. -1'1.J - S f)~t:j Pager Telephone (day) 7()~" + of S' - ))~ I- Fax 7 () b - 6(, t!).. &0 ~D Telephone (day) Mc..'Z7't.. 'Z.~et;) Fax 347.. t7't.- dP"~ Telephone (day) ~I'l... 6'$"- ~+ So Fax 'S' Z. .. 630 - 'i 84 Telephone (day) Fax Telephone (day): 7.1... +1I- S" Si S" 111. - 41,'. S-~101 Fax Telephone (day): 111-... '" ~... sic;4 311.- ~~3'" :S"ic;7 Fax Phone 847.818.5328 Fax 847.818.5329 TDD 847/392-6064 Proposed Zoning Change l<.J;~~ "fibM T31- Too R'- Describe the Justification for the Proposed Map Amendment THi ,vi \ 't4I'6e,t""~b ,s. C~M"'~IlCIM. AM") f2.f:S I b~"""'L IV c.tM,A,'1f;.1l &J"" H a'..n ~~ HI 1.1 ANb "~..,,, fAMIL.'1 H ~M~.s r 0 "Alfi... f:~ ANt") t..J Co 5,. or-- ~f\.. ~rre. o I~ IL pn~P'l""J) Dr,:"r~c."'f.N'T w,c.t.. J.lA"..'AI,1.L Cl Co ,.y1..Ae"'~ " , ~ IAJ 71! ""fof ~ oF' ~cA~fi. t ,~ , n.. Dr- -n4h. rll.lt~/~5 I "/VI) E-< ...rn O~ ~cw.Tf,"" C1'U~N MA 'Tfj.1l aAa-J . >0 =.::~ <=.:: ~rn ~z ;lO Describe in Detail the Buildings and Activities Proposed (attach additional sheets if necessary) rn.... E-< U 1. -- ~"('''''fI-'t -4 T,"* 1M" ~ .s lM~ F'-4MI1,'1 lft}M~{ < Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the infonnation contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject prop'erty. Applicant ein and in all materials submitted in association with this application are true and Date It'l\ 'c>f for the purpose of seeking the Variation(s) described in this application and the Property Owner Date (1.-' l \. 01 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847/392-6064 Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois VILLAGE OF MOUNT PROSPECT Mount Prospect ~ COMMUNITY DEVELOPMENT DEPARTMENT -Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval Z Case Number 0 P&Z - - .... E-< -<--- Development N ame/ Address ~:a 00 '"" ~ Date of Submission ~e ><8 ~ Hearing Date Q Z .... z o .... E-< -< ~ == o '"" z .... ~ E-< .... rF.J. I.:l Z .... E-< rF.J. .... >< ~ 71' Rear Side Side r' Number of Parking Spaces 11..1 l1.0 I Lot Coverage (%) It R~ Tax J.D. umber or County Assigned Pin Number(s) D ~ - I l . 407 - 01.S" - 0000 R..'L Legal Description (attach additional sheets if necessary) .. c;E.F... A '1TAcf.)t~ <5.tni.fL"T. Z Name Telephone (day) 0 V \c.-rof\ ~I'Z. - 4-z.f.. S-S,S- - E-<. < Corporation Telephone (evening) ~I 0..... L11>. '"" c Fax Z ~ - .- \1-1 3'2.- 41-1 .. S-', Qo. \If. . Z P.. ;:J-< City Zip Code Email 01 == C \\\CA' 0 l-L b ~ t.:Z_ ,,(!l.., '~J . c~ ~ ~ U < = "r~ z Name Telephone (day) 0 - 7o~ ......4-S-.~!> ~ ~ E-< ~ ~ ~ Corporation Telephone (evening) o l':: t1~ ~"P!.G-r l)o. ... ~ ,.,." 6~.qJ l..Lc.. zo ~€ Street Address Fax: Z d) ;;J 0.. o e 7..1 ~ z;> ~"'I!:L ~ O~b 70fJ ... 660... '000 ~~ 01 City State Zip Code Email ~ U ~ 'D&.~ P&.A~.s 'L , 001 !> = Developer Name t1D~"yf' ~'SPt\Cl'T ~vr..PI'4lN G~QP u,c.. Telephone (day) 7~ "'1-+1"". f>~" Address .J:j~O (llu5fl,. ~~ Fax 70S. 610 - SD" 0 ~~.f ~.s XL , '01' Email Attorney Name 1"'111(. ,\ fl \JC.M1M Telephone (day) U7-"L71.....1.t;~ Address 100 'Dl\N~F..f\. ~ .:Mb (('11-.. ~ Fax &47- \. 7'l.'" ()"i~ N~"''''' On.-:I\C. I J: L 60061.- Email Surveyor ~'l vt: .., Z Name Nrn~\" Telephone (day) 11'l..- '10. c;4to 81 Eo- '" Address 3 (} SPtX" M lc.t4MNf\ A \fL , -'"TIt 'Z 0.:> Fax 1'1. . 630- c;1- s.~ <";;j ~ .~ ""lc:A4 0 I J:.L '0'03 o~ f;I;, 0 Email Z .... ....p.. Q'C Engineer Z d) .E:rLl~~.'" E^,'-M'-..F..al'lL ;;;J a Name t. "tD . Telephone (day) M7 .;.-a-3 -~01:- o g. ~Q) Address M't'" C f:I~ ~).e~ b~ I Sir., A- Fax ~ Co-' :> ~ d) uO 'IlA"SLAlC-l I XL , 0" 1 e:. <I == Email Architect Telephone (day): '312...4",... S'~b ~ Name 'D'V'SIIj",\1I&\b(fi- LTlL Address ii tS"" LJ. (,M,.b ~\l:.. Fax TI'1.- it.\- S't8, ell I c..v; t) ~L (,o~ 'L "'\... Email Landscape Architect Name kJ"c..fy:. ~44P;.. A l\.C"'rm.~f\... Telephone (day): '31'2.- ~1. S'i~4 Address JD7 N. t1"",<,..v ,. vi\. .wi\. b c') L Fax 1 It..- h6! . .ri11- ~ ~(O :;tL (,o~ Email Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 2 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Proposed Conditional Use (as listed in the zoning districL ~ 'P U"",.U I.,t J'1 Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) - "51!rf: ,q1"'tkMab ~ t+l!:J;-rS - Q f;;il Eo- ...rI) Of;;il ;;...;1 ~O <f;;il ~~ ~~ ;10 00.... Eo- U < Hours of Operation N/^ f;;ilZ E::o 00.... QEo- f;;il< ~~ ="0 0... ~Z =.,.... '( Total Building Sq. Ft. (Site) ~ '0-4- Sq. Ft. Devoted to Proposed Use Building Height Rear Zv' Lot Coverage (%) 1" C1 . , 'Z.. Side SO' fetId Number of Parking Spaces ..... Eft !Jill IT -t 17 ~ lJa , Side 3 0 I ( L.Jf:n \. Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. If applicant is not property in all materials submitted in association with this application are true and I hereby affi accurate to t Applicant Date 14.. lI' 01 I hereby designate the applicant to act as my a nt for the purpose of seeking the Variation(s) described in this orting material. Date 17", n.. Dl Property Owner Mount Prospect pa 50 South Emerson Stree , www.mountprospect.or t 0 Community Development unt Prospect Illinois 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 DESIGNBRIDGE DESIGNBRJDGE. LTD. 14 J 5 WEST GRAND AVENUE CHICAGO. lLUNOIS 60622 312.421.5885 FAX3J2.421.5889 December 10, 2007 Ms. Judith Connolly, Senior Planner Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 Re: Supplementary Materials for Application for Conditional Use Approval Dear Ms. Connolly, Following are the supplementary materials for the referenced application. LEGAL DESCRIPTION Lot 1 in Statefarm subdivision. Being a subdivision of part of the east 1/2, of the southeast 1/4, of section 33, township 42 north, range 11 east of the third principal meridian, in Cook County, Illinois as shown on the [enclosed] plat thereof recorded September 28, 1988 as document number 88447034. Area::: 90,780 square feet or 2.0840 Acres. SUMMARY OF ACTIONS REQUESTED Our proposal is to develop the property into 14 2-story attached single-family homes. The neighborhood is commercial and residential in character with multi-family and single-family homes to the East and West of the site. Our proposed development will harmonize in terms of scale, character, use of the buildings, and construction materials. DESIGNBRIDGE DESIGNBRIDGE. LTD. J 4 J 5 WEST GRAND AVENUE CHICAGO. ILLINOIS 60622 312.421.5885 FAX 312.421.5889 December 10, 2007 Ms. Judith Connolly, Senior Planner Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 Re: Supplementary Materials for Application for Map Amendment Request Dear Ms. Connolly, Following are the supplementary materials for the referenced application. LEGAL DESCRIPTION Lot 1 in Statefarm subdivision. Being a subdivision of part of the east 1/2, of the southeast 1/4, of section 33, township 42 north, range 11 east of the third principal meridian, in Cook County, Illinois as shown on the [enclosed] plat thereof recorded September 28, 1988 as document number 88447034. Area = 90,780 square feet or 2.0840 Acres. -----Original Messag - From: Jacob Swindler mailto:jswindler@designbridgeltd.com] Sent: Thursday, January 24, 2008 3:47 PM To: Connolly, Judy Subject: Re: For tonight's Zoning Board Meeting (' ?vrl~uneV> A<;t;,O CA a{&- Judy- Thank you for forwarding the memo. I believe we have responded to all of the concerns outlined except the general issue of density. We have prepared the following statement which we will read at the beginning of our presentation. Our powerpoint slides will include the changes listed. I am forwarding it to you in case you wish to include it in your memo to the P&Z board. On Monday January 21 we met with neighbors from the Meadows Association to the Northwest and the Villas development to the East of our site. We have made the following changes and corrections to our proposal in response to feedback we received at this meeting. On sheet A-1.0 the unit count for the 'A' -type units has been corrected to 10 units, from the 12 units previously indicated. The summary of total square footage for the development has been correctly reduced to 31,736 sqft which results in an updated FAR of 0.35. On sheets A-1.2 and A-1.3 we have identified the area of each deck and included the proposed location of AC condensers. We have also added basement window wells for each unit. On sheet L-1.1 we relocated the hedges on the East side of the site to provide extra space for existing arborvitae at the Villas and to extend the row of arborvitae along the south end of their fence. We removed the Gazebo structure from the center of the cul-de-sac. We have also added information indicating the proposed species of new plants. Thank you. -Jacob January 23, 2008 Dear Planning & Zoning Commission, My name is Jan Ramion and I live at 715 French Way, the Villas adjacent to 1040 Northwest Hwy. I attended the Neighbor/Architect/Owner meeting held Monday, January 21. The following points are of concern to me regarding the 14-unit townhouse development: + Looking at eight units along our property line, while we have three units that face that same area. Density is still an issue. + The plans to date did not address the placement of window wells and a/c units. + The question of snow storage was raised and they agreed land was limited so snow removal will have to be part of the association requirements. The Villas has several areas for our snow storage yet we did have to have snow removed once due to large snowfalls. It was very expensive. Why set up a community with that type of problem situation? I still feel that this is not the best plan for this parcel. Sincerely, Jan Ramion 847-394-0076 Connolly, Judy From: Sent: To: Su bject: Nancy [nancy@nicholasquality.com] Thursday, January 24,200812:58 AM Connolly, Judy For tonight's Zoning Board Meeting Dear Zoning Board, Re: Proposed development at 1040 West Northwest Highway The surrounding residents met with the architect and owner (at their request) for the proposed development on January 21st to discuss the project before the zoning board meeting. I will be out of town on Thursday so I would like to convey my concerns to the Board via this email. The residents of the Villas have many of the same concerns of Nancy Fritz and the neighbors - that the density of the project is too much for this inlet of land - with only one access - surrounded by 1/2 acre homesites and the 7 villas on the corner. We are still concerned since there are still unanswered questions like the window wells - they are not shown yet the architect says there will be basements - but he is not sure where window wells will be. He is not sure where he will put the air conditioning units - he said they might be placed on the decks - but he was not exactly sure. The quality of building materials is yet to be determined by the builder. The Villas of Sevre residents are primarily concerned with: 1. The 2 rowlike massive structures of the eight townhomes adjacent to our property. 2. Architect/Owner assured us that their proposed bushes along our fence line - will not be too close to our fence - so as to kill our arborvitae. 3. They also assured us that they would plant arborvitae along the remainder of our fence on their proposed site so as to shield us from the massive row structures. Thank you for listening. Nick Papanicholas President of the Villas of Sevre 1 DESIGN BRIDGE LTD. 1415 West Grand Ave. Chicago, IL 60622 MEETING MINUTES Date: January 22, 2008 To: Victor Dziekiewicz Phone: Fax: From: Jacob Swindler Phone: Fax: Cc: Tom Litwicki, Judy Connolly, Nancy Fritz, Jan Ramion Re: Community Meeting pre Planning and Zoning Participants: Victor Dziekiewiz Tom Litwicki Jacob Swindler Judy Connolly Nancy Fritz Jan Ramion Concerned Neighbors I have summarized the comments made during the meeting in the bullet point list below. I have included our response in bold. We plan to address several of the issues prior to the planning and zoning meeting on January 24th. Issues Raised Durina the Meetina . The unit count listed on sheet A-1.0 for Type A units is listed incorrectly as 12, it should read 10. We will correct this error prior to the P&Z meeting. . The density of housing on the site is too high. Neighbors are concerned that this will create traffic congestion and will overload the existing sewer system. We cannot reduce the number of units beyond what has been done already. The project currently meets all standards for traffic, and parking required by village ordinances. The sewer system was designed by our engineer to accommodate a worst-case condition. The storm water retention vault was designed to handle a 1 OO-year storm event. This has been reviewed by village engineers and has been deemed capable of supporting the anticipated load. · The fire lane and cul-de-sac are too small to accommodate village fire services. The problem could be compounded if people park in the fire lane. We have prepared a fire-truck simulation using data provided by the Mt. Prospect fire department. The fire department has reviewed our plans and confirmed that our roadway will meet their needs. Although we understand the concern that individuals may illegally park in the fire lane, many possible situations can be conceived. We design our project with the assumption that residents will obey village laws. · The location of the cul-de-sac and off-street parking will create light pollution for neighbors on the NorthEast corner of the site. We have designed landscaping along the East and North sides of the site to prevent headlights from projecting past our lot line. Our design calls multiple layers of evergreen shrubs and trees, which our landscape architect has confirmed, will be sufficient to stop the light. I will update our landscape plan to clarify the species of plantings prior to the January 24th meeting. · There is insufficient parking provided for each town home. The parking space and garage space provided are too small. Overflow parking is insufficient for the density of housing. We have designed the parking to meet village ordinances for both size and number. Individuals who require more than four parking spaces or require exceptionally large parking spaces are not in our target market for this kind of product. Providing additional off-street parking would force a reduction in landscaping and would negatively impact the quality of this development. · Snow storage is not explicitly identified in the plan. The resident association will need to contract with a snow removal company to remove the snow for off site disposal. · The quality of materials to be used in the development is unclear. We will prepare a sample of materials, which have been used in past, similar, projects. This will, at the latest, be available for the village board meeting on Feb. 19. · Basements are not detailed in the plan. Escape window wells are not shown. Basement plans are not required for review by the planning and zoning committee. We will update our elevations and site plan to identify locations of the escape window wells prior to the meeting on January 24th. · Landscaping on the West side of the site should not crowd the existing fence or impact the existing arborvitaes. The neighbors request we plant arborvitaes along the south end of the west property line. We will update our landscape plan to address these concerns prior to the meeting on January 24th. · The air-conditioning condensers are not identified on the plans. We will update our plans to locate the air-conditioning condensers prior to the meeting on January 24th. · The village has requested a fence be installed in prior plans. The neighbors would prefer to not have a fence so long as security is not considered an issue. If the village requests that a fence be installed we will update our plan to accommodate their request. Unless that happens we will proceed without a fence. I ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY LOCATED AT 1040 WEST NORTHWEST HIGHWAY WHEREAS, Victor Dziekiewicz, Mount Prospect Development Group ("Petitioner), has filed an application to rezone certain property generally located at 1040 West Northwest Highway ("Property'), and legally described as follows: Lot 1 in State Farm Subdivision, being a subdivision of part of the East % of the southeast ~ of Sec. 33, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, as shown on the plat thereof recorded September 28, 1988 as document number 88_447034 Property Index Number: 03-33-407-025-0000; and WHEREAS, the Petitioner has requested the Subject Property be rezoned from B-1 (Business Office) to R-2 (Attached Single Family Residence) District; and WHEREAS, a Public Hearing was held on the request for rezoning being the subject of PZ- 03-08, before the Planning and Zoning Commission of the Village of Mount Prospect on the 24th day of January 2008, pursuant to due and proper notice thereof having been published in the Journal & Topics Newspaper on the 9th day of January, 2008; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ-03-08; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request being the subject of PZ-03-08 and have determined that the best interests of the Village of Mount Prospect would be served by granting said request. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Official Zoning Map of the Village of Mount Prospect, Illinois, as amended, is further amended by reclassifying the property being the subject of this Ordinance from B-1 (Business Office) to R-2 (Attached Single Family Residence) District. ~-\1 '. PZ-03-08, 1040 West Northwest Highway Page 2/2 SECTION THREE: This amendment of the Official Zoning Map from B-1 (Business Office) to R-2 (Attached Single Family Residence) is based upon a conditional use permit for a planned unit development for the construction of a fourteen (14) unit town home development, pursuant to Ordinance No. , and, in the event that such conditional use shall become null and void or revoked pursuantto Section 14.203F(11) of the Mount Prospect Zoning Code, the zoning shall automatically revert back to B-1 (Business Office) and the Official Zoning Map shall be so amended. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of February 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\mapamendment1 040WNWHWYpz03-08feb2008.doc , ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1040 WEST NORTHWEST HIGHWAY WHEREAS, Victor Dziekiewicz, Design Bridge, Ltd. ("Petitioner") has filed a petition for a Conditional Use permit in the nature of a Planned Unit Development (PUD), with respect to property located at 1040 West Northwest Highway ("Property") and legally described as follows: Lot 1 in State Farm Subdivision, being a subdivision of part ofthe East % ofthe southeast % of Sec. 33, Township 42 north, range 11 east of the Third Principal Meridian, in Cook County, Illinois, as shown on the plat thereof recorded September 28, 1988 as document number 88447034 Property Index Number: 03-33-407-025-0000; and WHEREAS, the Petitioner seeks to create a Planned Unit Development providing for the construction of a fourteen (14) unit town home development; and WHEREAS, a Public Hearing was held on the request for a Planned Unit Development, Conditional Use permit being the subject of Case No. PZ-03-08 before the Planning and Zoning Commission of the Village of Mount Prospect on the 24th day of January, 2008, pursuant to proper legal notice having been pUblished in the Journal & Topics Newspaper on the 9th day of January, 2008; anq WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ-03-08; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit for a PUD, fourteen (14) unit townhome development be in the best interest of the Village. - NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That the Conditional Use Permit in the nature of a Planned Unit Development being the subject of this Ordinance is subject to the following conditions: A. Development of the site in general conformance with the site plan (showing a 20' rear yard) and landscape prepared by Design Bridge, Ltd., revision dated February 12, 2008. B. Development of the units in general conformance with the floor plans prepared by Design Bridge, Ltd., dated February 12, 2008; Page 2/2 PZ -03-08 C. Development of the elevations in general conformance with the site plan prepared by Design Bridge, Ltd., revision dated February 12,2008; and D. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development; E. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's association documents which shall include statement that snow will be removed and deposited at an off-site location, for Staff review and approval; and F. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards; and G. Prior to Village Board review, the Petitioner shall revise the landscape plan to include additional landscaping along Northwest Highway (on private property); H. Prior to Village Board review, the Petitioner shall work with the Mt. Prospect Park District to identify an off-site improvement to meet the Public Benefit requirement; and I. The Petitioner shall revise the engineering plans to increase the storm sewer vault capacity by 25%. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit and Variation as provided in Sections 14.203.F.7 & Sec. 14.203.C.7 of the Village Code, for a Planned Unit Development for a fourteen (14) unit town home development, all as shown on the Site Plan revision dated February 12, 2008 a copy of which is attached to and made a part of this Ordinance. SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of February 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDI NANC\C USE, V AR-1 040nwh ighwayfeb2008.doc >- < ~ u .... J: ~ <CJ - J: 26'.5" , 20'.0" i- --~ PROPOSED SIT E PLAN S C ALE: 1" = 30' " 1" EXISTING B-1 ZONING: Max. HT. = 30 Ft Max. COVER = 75% PROPOSED: BASED ON 90,670 SqFt 0.5 FAR. = 45,335 SqFt 10 TYPE A / A2/ A3 UNITS@ 28' X 44' = 1,232 SqFt per FLR 2,464 SqFt per UNIT minus 380 SqFt Garages = 2,084 SqFt UNIT FAR SUMMARY: APPROX. 31,736 SqFt FAR 0.35 2 TYPE B UNITS @ 38' X 44' = 1,672 SqFt per FLOOR 3,344 SqFt per UNIT minus 400 SqFt Garages = 2,944 SqFt UNIT FAR 14 VISITOR'S PARKING INCLUDING PROPOSED R-2 ZONING Max HT. = 28 Ft Max. COVER = 50% ALLOWABLE FAR 0.5 2 TYPE C UNITS @ 41' X 44' = 1,672 SqFt 1st Floor, 1,232 SqFt 2nd Floor 2,904 SqFt per UNIT minus 400 SqFt Garages = 2,504 SqFt UNIT FAR SITE AREA: 90,670 SqFt 45,298 sqft Lot Coverage 49.95% lot Coverage 150% Allowable) NORTH r~ ~ i 1~:Ji I U~LJU LEGEND . PROPOSED NEW FIRE HYDRANT LOCATION I PROPOSED LOCA nON FOR NEW STREETLIGHT TO CONFORM TO THE STANDARD VILLAGE OF MT. PROSPSECT SPECIFICATIONS. 12 FEB 2008 VILLAGE REVIEW REVISION -----r;PPR. NO. DATE DESIGNBRIDGE OESIGN8RIDGE. l TO 1415 WEST GRA.ND AVENUE CHICAGO. Il 60622 TEl:312.4215885 FAX:312,421.5889 E-MAIL: offlCe@deslgnbrrdge~d.com . . 1040 WEST NORTHWEST HIGHWAY MOUNT PROSPECT, ILLINOIS MOUNT PROSPECT DEVELOPMENT GROUP, LLC SlIT PUW I ::,:38iA-1.o! I . TYPE'S' 4-SED OPT. SCALE: 1/8"= 1'-0" , I I I / / ~/..... /~ / " ~ .EI /39]SQFT / / I ~OO, = NORTH TYPE'A'&'S TOWNHOME PLANS FIRST FLOOR SCALE: 1/16" 1 '- 0" NORTH TYPE'A'&'S TOWNHOME PLANS SECOND FLOOR SCALE: 1/16" l' - 0" . I~~ I ~~~~ GENERAL NOTES 12 FEB 2008 VILlAGE REVIEW NO. DATE REVISION APPR. DESIGNBRIDGE DESIGNBRIOGE. lTD 1415 WEST GRAND AVEMJE CHICAGO, II 60622 TEL:3r2421.5885 FAX 312421.5889 E-MAIL Off!(e(ci)deslgnDndge:td_ccrn . . J 040 WEST NORTHWEST HIGHWAY MOUNT PROSPECT, ILLINOIS MOUNT PROSPECT DEVELOPMENT GROUP, LLC TYPE 'A' & 'B' TYPICAL UNIT PLANS ,::7 AI~g~ A-I. II I ____.___._~.-- SIOESETBAC~ 0~! ~jf = I~ '0011 ,Ill 21~SQFT I i i i i GARAGE ~ 1011 J."'''' ~, ~, I I / / / / / / I / / / / / / I / / / I / I / / NORTH TYPE'A'&'C TOWNHOME PLANS FIRST FLOOR SCALE: 1/16" 1'-0 NORTH TYPE'A'&'C TOWNHOME PLANS SECOND FLOOR SCALE: 1/16"= 1'-0" -~~~~ GENERAL NOTES --+-- -j- - ~ - 12 FEB 2008 VILLAGE REVIEW NO. DATE REVISION APPR. DESIGN BRIDGE OESIGNBRIOGE, lTD 1415 WEH GRANONJEMJE CHICAGO.ll60622 fEe 3124215885 FAX: 312.42!5889 E.MAIL OffKel.i;ldeslgrnndge:rdccm . . J 040 WEST NORTHWEST HIGHWAY MOUNT PROSPECT, ILLINOIS MOUNT PROSPECT DEVELOPMENT GROUP, LLC TYPE 'A' & 'e' TYPICAL UNIT PLANS =~~_ "DC:::J" ~ ~-.I ::=J^~'~ I~~ El: 27'-11' -- - - - - - - - - RoOFPEAK./' COORDINATING STUCCO COORDINATING BRICI( ____ El:17'-2" - - - - -wINDowsili..... PRIMARYBRICI( /' /' _ _ _ _ EL: 5'.2' - - - - -WINDOWSiLl-.... " " " " /' /' /' " " " " " " ,/ " " " ~ " " '-.. "_ d El: 1'-2" .-/ """---FtRST FINISH Fl. ..,. EL: O'-Q' - - GRADE .. /' /' TYPE'A&B' TOWNHOME FRONT (EAST) ELEVATION SCALE: 1/16"= 1'-0" PRIMARY BRICK El:3'4" - -- - - - - - - - -WINDOWSILL;,f' El: ".2" - - - - - - ---- ""'-FiRSTFINISH Fl. ..". -- ~~.:.. __________ El:27'-12.:. . ROOF PEAK .-- ----~:~~ . ------- ROOF'-- COORDINATING BRICK REt,lASSANCE STONE TRIM DECORAnvE SOLDER COURSE _ _ _ _ El: 14'-2' - - - - - WINDOW Sill ./' RENASSANCESTONE WOOD DECK TYPE'A&B' TOWNHOME BACK (WEST) ELEVATION SCALE: 1/16"= 1'-0" , I~~I I ~~~~ GENERAL NOTES 12 FEB 2008 VILLAGE REVIEW NO. DATE REVISION APPR. DESIGNBRlDGE DESIGNBRIDGE, LID 1415WESTGRANDAVENUE CHICAGO,IL6C'h22 TEL: 31242! _5885 FAX. 312.4215889 E-MAIL offlCt"(~deSlgnbrldgei[d_(om . :1 . J 040 WEST NORTHWEST HIGHWAY MOUNT PROSPECT, ILLINOIS MOUNT PROSPECT DEVELOPMENT GROUP, LLC TYPE 'A' & 'B' TYPICAL ELEVATIONS ';:~7 ABa A-I.31 PRIMARYBRlCK COORDtNA nNG BRICK REHA.SSANCE STONE TRIM DECORATIVE SOLDIER COURSE PRIMARYBRlCK RENA.SSAHCESTONE ~r , L ~ ~--1 TYPE'A&B' TOWNHOME SOUTH ELEVATION SCALE: 1/16"= 1'-0" COORDINA TIHG BRICK _~~2~1~ . ROOF PEAK .-- EL: 17'-7" WINDOW Sill .".. EU'4" - - - - WiNoowsu"" EL: 1'-2' - -- -FIRST FINISH FL. .".. EL:O''{)" - - GRADE ~ -------------~~~~.. EL: 16'-2" -----------WiNDOWSlll .. RENASSAHCE STONE TRIM DECORATIVE SOLDIER COURSE PRINlARYBRICK RENASSAHCE STONE WOODDEC'\ _ _ _ _ _ EL:6'-10' __ - - - - - WINDOW SIl:L-. - EL ".2" -- - - - - ----FIRST FINISH FL. .. ELO''{)" - - - GRADE'" TYPE'A&B' TOWNHOME NORTH ELEVATION SCALE: 1/16"= 1'-0" Llj~~ I GENERAL NOTES . 1~EB_ 2OO~_V~L+AGE REVIEW NO. DATE REVISION APPR. 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'" Oca ( -j)-- -)-- --+-- -w- -G- ---oft--- -,- A "" 8" ,. 6> C 782.50 -C782,00 P 783.25 ,,784.0 T/W 785.20 SURVEY PROVIDED BY: NATIONAL SURVEY SERVICE, INC. PROF"ESSIONAL LAND SURVEYORS 30 S. MICHIGAN AVENUE. SUITE 200 CHICAGO, ILLINOIS 60603 TEL: 312-630-9<l80 .A.X: 312-630-948. ERIKSSON ENGINEERING ASSOCIATES, LTD. 145 COMMERCE DRIVE, SUITE A GRAYSLAKE, ILLINOIS 60030 PHO"'E (8471 223-4804 ""AX (847) 223-4864 EMAIL EMAIL@EEA-LTD.COM l=IROF'E,9,910NAL. DESIGN FIRM LICENSE NO.1 84-003220 EXPIRES: 04/30/2009 >- as == J: en C) I- I_ 0 J: 1= - - - ..... en G) == J: 1: en o 0 z ~ .0. 3:..: o:E IIl:t o ,... .. ..... (.) G) c. Reserved for Seal: Expiration Date: No. I Date I Description 01/08/081 Revjsed Per Cjty of loll;. Prospect Approved By TLH 11/19/07 Pro;octNIJ ~1O ~.' CABLE EASEMENT ----------...... -...- -. . .....- -. ' , __...). 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CB Rim 678.50\ Inv 673.68 \.. / '" 190 LF. - 12" RCP @ 0.32% >> -r 6aOo . ..~ ---I -- W 0 m w w ~.._ I Scale: 1 "=20' ~ c 8 ;:~,,-.l LEGEND Rared End Section @ . . '" OeD ( -}-- -)-- --+-- -w- -0- ---o>+-- -E- Sanitary Sewer Combined Sewer Overhtwd Wires Eltlctrical Coble (Buried) Telephone Line Fire Hydrant A IS 8e Buffalo 80" Gos Valve CornEd Monhole Light Pole Utility Pole :-: Telephone Pedestal Telephone Manno/I!' Stgn Handicapped Parking Stoll 6> Depressed Curb Ct./rb Elevation C 782.50 ---;;782.00 p 783.25 Pavement Elevation Sidewalk Elevation Top of Retoining Wall Devotion x 784.0 T/It' 785.20 Deciduous Tree SURVEY PROVIDED BY: NATIONAL SURVEY SERVICE, INC, PROf"ESSIONAL LAND SURVEYORS 30 S. MICHIG....N ....VENUE. SUITE 200 CHICAGO, ILLINOIS &01503 TEL: 312-630-9.480 FAX: 312-630-9.48.4 Detention Requirements - 100-Year Event 1040 NW Highway By: CAG 11/19/07 Total Tributary Area: Total Impervious Area Allowable Release Rate Per Acre: Allowable Release Rate: Composite Runoff Coellicient (Cl' 2.08 acre 1.00 acre 0.20 cls/acre 0.42 cfs 0.50 0.72 0.95 10o-Year Event. BuUetin 70 Rainfall Data RUNOFF STORM RAINFALL DRAINAGE INFLOW RELEASE STORAGE STORAG E FACTOR DURATION INTENSITY AREA RATE RATE RATE REQUIRED (HRS) (IN/HR) (ACRES) (CFS) (CFS) (CFS) (ACRE.FT) 0.72 0.08 11.40 2.08 16.99 0.42 16.57 0.11 0.72 0.17 9.82 2.08 14.63 0.42 14.22 0.20 0.72 0.25 8.20 2.08 12.22 0.42 11.80 0.24 0.72 0.50 5.60 2.08 8.34 0.42 7.93 0.33 0.72 1.00 3.56 2.08 5.30 0.42 4.89 0.40 0.72 2.00 2.23 2.08 3.32 0.42 2.91 0.48 0.72 3.00 1.61 2.08 2.40 0.42 198 0.49 0.72 6.00 0.95 2.08 1.42 0.42 1.00 0.50 0.72 12.00 0.55 2.08 0.82 0.42 0.40 0.40 0.72 18.00 0.39 2.08 0.58 0.42 0.17 0.25 0.72 24.00 0.31 2.08 0.46 0.42 0.05 0.09 I Maximum Required Storage: 0.50 acre-ft I I 21,589 Cu-Ft ERIKSSON ENGINEERING ASSOCIATES, LTO, 145 COMMERCE DRIVE, SUITE A GRAYS LAKE, ILLINOIS 60030 PHONE: (847) 223-4804 f"AX (847) 223.4864 "'.......,l.. EMAIL@EEA-LTD.COM F1ROF'ESSIONAL DESIGN FIRM LICENSE NO.1 84-003220 EXPIRES: 04/30/2009 ~ as ~ .cen C) .- ._ 0 :I: C .- - - - .., en (1) ~ .c t:en o 0 z ... c.. . ~..: 0== ~ o ,.. ... .., U (1) C. Reserved for Seal: Expiration Date: No. Date Description 01/08/08 Revised Pf!!r City of loll. Prospe-ct <:f:'<:.:..', .,. ,. DasignBy' Dale CAG 11/19/07 ApprovlldBy Proj&ctNo TLH SheetTIt1e' PRELIMINARY ENGINEERING 1-- C-2 I ~DALE (66.00 ft.=Rec.) A VENUE .. f. ~ / e 1 I Line of D.Jle A.enue ----I -- c-$ ,/" if..l: / (J;!-tQ , I _ _________ --'--"-____ ,- - -1 - ~ - - - - - - - - - - >':::::10 FT CABLE EASE"ENT ~ _ /' ,-,==' - -.' ---=~-'. "0:".-- -,;;.;;;.'~---=== = ---==-- = =--=-:---=~=--- ==-- = = --::="'--::- === -- n I I '0 I ~6 I : ~~'II I ~, I 3] I &' ~ I I "( , ,t....- t ~ ":> ~ ,/ ~ ~ ~ t$' ~ ~ f () ~o- Cj " 'l' . fl o # I I I .1 I I I I " ~ :1' I I I Ij;-~- =~-----~ =-----=- -~-- - - = _=_=~_-~ -_i= ----_=_-~ --T=_=_ -;:---_- = - - f-T_-~;oo.-;,t~~-;,--;;d-u;,;y~~-;m~t-f - - _=_-~T;-=_=_-_ _ _ -- --f- _=_-_----:--=_=_ -~-~ =-~,' I. I ~ j . '" / "'0 1- .../,; """ .. ...~ ~ 0 ~ W w r""t."..- I Scale: 1 "=20' LEGEND Sanitary S<l''''~~ Electn"<;al Cab/., (8uri~d) T91ephone Une Fire Hydrant Gas Volve CornEd Manhole Light Pole Utility Pole Telephone Pedestol Telephont! Manho/" Sign Handicapped Parking stall OtIwessed Curb Pavement EI~vation Sidewalk Elevation GrolJnd Devotion Top of Retaining Wall Elevation Conto",. Line @ . . . 000 ( -j)-- -)-- --- -w- -G- ---<JH--- -E- ... .. 8, )( -0- 6> C 782-50 ~ ,,764.0 T/W 785.20 SURVEY PROVIDED BY: NATIONAL SURVEY SERVICE. INC. PROFESSIONAL LAND SURVEYORS 30 S. ....ICHIG..N AVENUE. SUITE 200 CHICAGO. ILLINOIS 60603 TEL: 312-630-9.80 F"AX, 312-630-9.48. 21. 20 Mt. Prospect Width Track Lock to Lock Time Steering Angle Truck feet 8.00 7.00 4.00 35.00 Maximum Turning Angle - 37 Degrees ERIKSSON ENGINEERING ASSOCIATES, LTD. 145 COMMERCE DRIVE, SUITE A GRAYS LAKE, ILLINOIS 60030 P..ONE (B47) 223-4804 ~AX (8471 223-4864 "''''AIL EMAIL@EEA-LTO.COM PROF'E:SBICNAL DESIGN FIRM LICENSE NO.1 84-003220 EXPIRES: 04/30/2009 ~ as 3: .c UI C) .- ._ 0 J: .5 - - - +"" UI CI) 3: .c 1:::UI o 0 z ... D. . ~..: o:i ~ o ,.... .. +"" U CI) Q. ReselVed for Seal" Expiration Date: No. Date Description 01/08/0B Revised Per Cjty of Mt_ Prospect Sheet Title Fire Truck Turning Simulation 1-" C-3 I .. 27 /~~- ~) I ---....;:::--1------ 'I 18 ----- /' / / I \ ! \ \ 3S -\::' \ ~ 34 , -'---. \ /' \ ~ / / // "- \ "-. / ", 3'. Y \ \ \ ' \\\ \ ' I I / ! I / !~. / i( . - -~-------;//_---,,-~- 14 I / / / / / / I / / / 0 1//1 // " ~~ / --;- / / / / I TREE PRESERVATION PLAN 10 9 8 7 3 2 1" 20'-Q" ~~j\~ij~jj'~i'~\~"\\1 36 /' Q-u_ . NO. SIZE SPECIES SPECIES CONDITION REMARKS I 20" PINUS SYLVESTRIS SCOTCH PINE POOR 2 II" RHAMNUS CATHARTICA BUCKTHORN POOR-INVASIVE REMOVE 3 16" RHAMNUS CATHARTICA BUCKTHORN POOR-INVASIVE REMOVE 4 8" GLEDITSIA TRIACANTHOS HONEY LOCUST GOOD S 10" RHAMNUS CATHARTICA 8UCKTHORN POOR-INVASIVE REMOVE 6 8" PINUS SYLVESTRIS SCOTCH PINE POOR 7 II" RHAMNUS CATHARTICA BUCKTHORN POOR-INVASIVE REMOVE 8 II" DEAD DEAD DEAD REMOVE 9 13" RHAMNUS CATHARTICA 8UCKTHORN POOR-INVASIVE REMOVE 10 13" RHAMNUS CA THARTICA BUCKTHORN POOR-INVASIVE REMOVE II 14" PYRUS CALLERYIANA PEAR GOOD 12 13" ACER NEGUNDO BOXELDER GOOD 13 7" MALUS SPECIES CRABAPPLE GOOD 14 8" MALUS SPECIES CRABAPPLE GOOD REMOVE- PARKWAY TREES WILL BE REMOVED IN ACCORDANCE WITH SECTION 9.711 OF THE!VILLAGE1OF MT PROSPECT CODE IS 6" MALUS SPECIES CRABAPPLE GOOD REMOVE- PARKWAY TREES WILL BE REMOVED IN ACCORDANCE WITH SECTION 9.711 OF THE1VILLAGE1OF MT. PROSPECT CODE 16 27" POPULUS ALBA WHITE POPlAR POOR REMOVE- PARKWAY TREES WILL BE REMOVED IN ACCORDANCE WITH SECTION 9.711 OF THENILLAGHOF MT. PROSPECT CODE 17 26" ACER RUBRUM RED MAPLE GOOD REMOVE 18 3" MALUS SPECIES CRABAPPlE GOOD REMOVE- PARKWAY TREES WILL BE REMOVED IN ACCORDANCE WITH SECTION 9.711 OF THE?VILLAGE~OF MT. PROSPECT CODE 19 6" MALUS SPECIES CRABAPPlE GOOD REMOVE- PARKWAY TREES WILL BE REMOVED IN ACCORDANCE WITH SECTION 9.711 OF THE!VILLAGE10F MT. PROSPECT CODE ) EXISTING TREE SCHEDULE ~ NO. SIZE SPECIES SPECIES CONDITION REMARKS 20 10" ULMUS SPECIES ELM GOOD 21 9" CRA T AEGUS CRUSGALLI HAWTHORN GOOD 22 8" ASH ASH GOOD 23 B" ACER RUBRUM RED MAPLE GOOD 24 10" TILlA SPECIES LINDEN GOOD 2S 40" POPULUS ALBA WHITE POPLAR GOOD 26 14" MALUS SPECIES CRABAPPLE GOOD 27 2-4" TREE OF HEAVEN. ETC. BRUSH POOR-INVASIVE REMOVE 28 20" PINUS SYL VESTRIS SCOTCH PINE POOR 29 17" PINUS SYL VESTRIS SCOTCH PINE POOR 30 5" TILlA SPECIES LINDEN GOOD 31 9" ACER RUBRUM RED MAPLE GOOD 32 9" PINUS SYL VESTRIS SCOTCH PINE POOR 33 10" TILlA SPECIES LINDEN POOR REMOVE 34 4" QUERCUS RUBRA RED OAK GOOD REMOVE 3S 6" QUERCUS RUBRA RED OAK GOOD REMOVE 36 B" GLEDITSIA TRIACANTHOS HONEYLOCUST GOOD REMOVE 37 7" GLEDITSIA TRIACANTHOS HONEYLOCUST GOOD REMOVE 3B 9" GLEDITSIA TRIACANTHOS HONEYLOCUST GOOD REMOVE 39 9" GLEDITSIA TRIACANTHOS HONEYLOCUST GOOD REMOVE 40 7" PYRUS CALLERYIANA PEAR GOOD REMOVE 41 8" FRAXINUS SPECIES ASH GOOD REMOVE 42 8" GLEDITSIA TRIACANTHOS HONEYLOCUST GOOD REMOVE 43 7" GLEDITSIA TRIACANTHOS HONEYLOCUST GOOD REMOVE 44 7" GLEDITSIA TRIACANTHOS HONEYLOCUST GOOD REMOVE 45 6" QUERCUS RUBRA RED OAK GOOD REMOVE 46 6" QUERCUS RUBRA RED OAK GOOD REMOVE E8 TEMPORARY FENCE EXISTING TREE OR TREE TO BE PROTECTED " ~TEMPORARY FENCE OUTSIDE OF TREE DRIPLlNE [~fHHHffij~J TREE PROTECTION FENCE MUST BE OUTSIDE OF TREE ROOT ZONE (DRIPlINE) OR AS SHOWN. MAINTAIN f MOW LAWN AREA INSIDE TREE PROTECTION FENCE THROUGHOUT CONSTRUCT10N PERIOD. 3 TYPICAL TREE PROTECTION FENCE AT CANOPY DRIPLlNE N:'f[ 4' (1.2M) TEMPORARY FENCE, SPACING 8 FEET ON CENTER MAXIMUM OR AS REQUIRED TO KEEP FENCE TAUT FENCE, ATTACH WITH COATED WIRE ORANGE PLASTIC SAFElY FENCE r EXISTING GRADE 24" (6' CM) FOR 4' (1.2 M) HEIGHT FENCE 4 -r~'tICAL TREE PROTECTION FENCE I IUUI I LJDDLJ GENERAL NOTES LEGEND EXISTING TREE TO REMAIN EXISTING TREE TO BE REMOVED 12 FES 2008 VILLAGE COUNCIL REVIEW NO DATE REVISION DESIGNBRIDGE DESIGNSRIDGE, L TO, 1415 WEST GRAND AVENUE CHICAGO, ILLINOIS 60622 312.421.5885 FAX: 312.421.5889 E-MAIL; OFFICEGOESIGNBRIOGEL TO.COM . . . 1040 W NW HIGHWAY MT. PROSPECT. IL REGENCY DEVELOPMENT GROUP LL.C. TREE PRESERVA~ON PLAN 100-L [;]DII DDLJ / / If 1 . 1 .. ..9/ ....~. - _ _n __*~'-_______Jd -- -- ~ 0, ;;[, / - $/ ~ 1-.1 / ~/ ~/ 1 1 1 1 1 1 1 1 1 1 I I I I I I I . . 3'-0" HEIGHT DECIDUOUS SHRUBS, TYPICAL -'- ~" J' ~ t;- F ;:?: 0:- <> PROPOSED ORNAMENTAL TREE (e,g. SERVICEBERRY, CRABAPPLE), TYPICAL EVERGREEN S'-O" HEIGHT HNY ~ I HEDGE (e.g. TEE)CTYPICAL u/.. '\ I ARBORVITA, '.. . PROPOSED ORNAMENTAL TREE (e.g. SERVICEBERRY, CRABAPPLE), TYPICAL 3'-0" HEIGHT DECIDUOUS AND EVERGREEN SHRUBS (e.g. BOXWOOD, ALPINE CURRANT), TYPICAL PERENNIALS AND GROUNDCOVER, (e.g. DAYLlLY, GRO-LOW SUMAC), TYPICAL 5'-0" HEIGHT EVERGREEN SHRUBS (e.g. WARDS YEW), TYPICAL SHRUB AND PERENNIAL PLANTING TO BE IN 24" SOIL DEPTH WALKWAY PROPOSED SHADE TREE (e.g. SWAMP WHITE OAK, HYBRID ELM), TYPICAL ~\T) 443.18' , L , S'-O" HEIGHT EVERGREEN EXISTING SHADE TREE HEDGE (e.g. TECH NY TO REMAIN, TYPICAL ARBORVITAE), TYPICAL PROPOSED EVERGREEN TREE (e.g. WHITE PINE, BLUE SPRUCE), TYPICAL REFER TO TREE PRESERVATION PLAN FOR LANDSCAPE PLAN EXISTING TREE INFOTRMATION 1"=20'-(1' LANDSCAPE REQUIREMENTS ANALYSIS PARKWAY PLANTING NORTHWEST HIGHWAY PARKWAY LENGTH (LINEAR FEET) NUMBER OF TREES REQUIRED (I PER 40 LF) NUMBER OF EXISTING TREES TO REMAIN NUMBER OF ADDITIONAL TREES TO BE PROVIDED .. PERIMETER LOT LANDSCAPING NORTH PROPERTY LINE LENGTH (LINEAR FEfl) NUMBER OF TREES REQUIRED (I PER 75lF) NUMBER OF EXISTING TREES TO REMAIN NUMBER OF ADDITIONAL TREES TO BE PROVIDED WEST PROPERTY LINE LENGTH (LINEAR FEET) NUMBER OF TREES REQUIRED (I PER 70 LF) NUMBER OF EXISTING TREES TO REMAIN NUMBER OF ADDITIONAL TREES TO BE PROVIDED EAST PROPERTY LINE LENGTH (LINEAR FEET) NUMBER OF TREES REQUIRED (I PER 70 LF) NUMBER OF EXISTING TREES TO REMAIN NUMBER OF ADDITIONAL TREES TO BE PROVIDED 83 275.12' 6.875 o NEW PARKWAY TREES WILL BE PROVIDED AS REQUIRED PER VILLAGE 236.81' 3.14 5 o 319.97' 4.26 6 o 241.15' 5.' J J LUU' I DDLJ I GENERAL NOTES LEGEND o EXISTING TREE TO REMAIN SHADE TREE . EVERGREEN TREE 0) ORNAMENTAL TREE c:::::J EVERGREEN SHRUB ~ SMALL SHRUB LAWN ~ PERENNIALS, AND l~ GROUND COVER 12 FEB 2008 VILLAGE COUNCIL REVIEW NO. DATE REVISION 1415 DESIGNBRIDGE DESIGN BRIDGE, L TO WEST GRAND AVENUE CHICAGO. ILLINOIS 60622 312.421,5885 FAX: 312.421.5889 E-MAIL: OFFICEOOESIGNBRIDGELTD.coM . . . 1040 W NW HIGHWAY MT. PROSPECT, IL REGENCY DEVELOPMENT GROUP L.L.C. LANDSCAPE PLAN 101-l [;JDn nn MAYOR Irvana K. Wilks Mount Prospect VILLAGE MANAGER Michael E. Janonis TRUSTEES Timothy J. Corcoran Paul Wm. Hoefert Arlene A. Juracek A. John Korn Richard M. Lohrstorfer Michael A. Zadel VILLAGE CLERK M. Lisa Angell Phone: 8471392~000 Fax: 847/392-6022 11)[):847/392-6064 www.mountprospect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 TO: MAYOR AND VILLAGE BOARD FROM: VILLAGE MANAGER DATE: FEBRUARY 15, 2008 SUBJECT: AMENDED HISTORICAL SOCIETY LEASE AGREEMENT The Village of Mount Prospect (Village) owns certain property commonly known as 101-103 South Maple Street (site) located in the Village, which is the site of the Mount Prospect Historical Society (Society) Museum and ancillary structures. A ninety-nine (99) year lease between the Village and Society has been in place since 1989. The Society has been in compliance with the terms and conditions of the Lease since its inception. With the impending move of the Central School House to the Site, the Village and Society felt it was in the best interest of both parties to review and update the existing Lease Agreement. The original Lease term (99 years) and location (101-103 South Maple Street) remains unchanged. Changes to the amended Lease Agreement capture the existing and future conditions at the site and minor clarifications as to the rights and responsibilities of the parties. The Society has already voted favorably to amend the Lease. Staff recommends that the Village act likewise to approve the amended Lease Agreement. c: Gavin Kleespies, Mount Prospect Historical Society Exec ive Director Marilyn Genther, Mount Prospect Historical Society Board President :r. A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED LEASE AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE MOUNT PROSPECT HISTORICAL SOCIETY FOR PROPERTY LOCATED AT 101 AND 103 SOUTH MAPLE STREET WHEREAS, on March 7, 1989, by Resolution 04-89, the Village of Mount Prospect ("Village") and the Mount Prospect Historical Society ("Society") entered into a Lease Agreement ("Lease") for Village-owned property commonly known as 101 -103 South Maple Street; and WHEREAS, the "Lease" granted use of the Village-owned property to the "Society" for the purpose of maintaining and operating the Society's offices; Historical Museum; public meeting space and ancillary commercial use for ninety nine (99) years beginning March 1, 1989 and ending February 29, 2088; and WHEREAS, the "Village" and "Society" desire to amend the Lease by rewriting it in its entirety, except for the term and location, which will remain unchanged; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have agreed to restate the terms of the "Lease," and otherwise amend the "Lease" under the terms and conditions setforth in the Lease Agreement attached hereto and made a part hereof as Exhibit "A" NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The President is hereby authorized to execute the Agreement that is attached to this Resolution as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 19th day of February 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :ICLKOIfileslWINIRESlamendedleaseagreementmountprospecthistoricalsocietyfeb2008. doc AMENDMENT TO LEASE 101-103 SOUTH MAPLE STREET, MOUNT PROSPECT This Amendment is made this _ day of , 2008, between the Village of Mount Prospect, an Illinois municipal corporation (the "Village") and the Mount Prospect Historical Society, formerly known as the Mount Prospect Historical Society of Elk Grove and Wheeling Townships, an Illinois not- for-profit corporation (the "Society"). (The Village and Society are sometimes referred to as "Party" or "Parties.") RECITALS. The Village and the Society previously entered into a Lease dated March 7, 1989, (the "Lease"), for the leasing of premises, being Village-owned property located at 101-103 South Maple Street, Mount Prospect, Illinois; and The Parties desire to amend the Lease by rewriting it in its entirety, except for the term and location, which will remain unchanged. BACKGROUND The Village and the Society have had a long history of cooperation and mutual support, which has included periodic monetary grants from the Village to the Society. The Village had pledged to support the Society in its search for a permanent site for Society offices and an historical museum. To that end, the Village purchased the property commonly known as 101-103 South Maple Street, Mount Prospect, Illinois from the First Chicago Bank of Mount Prospect. Proceeds for the purchase of that property were the result of a fund-raising campaign co-sponsored by the Village and the Society. The fund-raising campaign also sought to establish an operations and maintenance fund to underwrite the cost of renovating and restoring a single-family home of historical significance and constructing an Education Center on the site. In addition, the Village has given the Society an annual grant for its operational support and the Society has provided its annual reports to the Village's Board of Trustees on the Society's events and activities. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows: 1. Lease. The Village hereby leases to the Society, and the Society hereby leases from the Village, the real property commonly known as 101-103 South Maple Street, Mount Prospect, Illinois, along with all buildings and structures, which include, but are not limited to, a single-family house, a carriage house, and an Education Center, as well as the Central School building, which is to be relocated to 103 S. Maple Street, all as depicted on the Site and Demo iManage:202701_1 Plan of the Premises by Norman J. Toberman & Associates, Consulting Civil Engineers, last revised January 22, 2008, attached hereto as Exhibit "A" (collectively "the Premises"). 2. Term. The term of the Lease shall be for a period of ninety-nine (99) years, beginning March 1, 1989, and ending February 29, 2088 (the "Term"). At the expiration of the Term of this Lease, the Parties may, upon mutual agreement, extend this Lease for an equal or lesser time period under terms and conditions mutually agreeable to the Parties (the "Extended Term.") 3. following: Use. The Society's use of the Premises shall be limited to the a. Maintenance and operation of the Premises as the permanent site for the Society's offices, a public historical museum and a public meeting place, Presentation and display of historical artifacts and displays, Periodic entertainment and lectures to the public related to the Society's mission, Use of ancillary areas for storage of historical artifacts, equipment and supplies, The sale of refreshments, including alcohol, in compliance with state law and Village ordinances and regulations, and Complementary commercial purposes directed at raising funds for the Society's ongoing operation and maintenance. b. c. d. e. f. No uses, except those identified herein, are permissible without the prior written approval of the Village. 4. Rent. The Society agrees to pay to the Village as rent, the sum of one dollar ($1.00) per year which sum is due and payable upon the execution of this Lease and at each subsequent yearly anniversary of the execution of the Lease. Rent is payable to the Village at the Village Manager's Office. 5. Acceptance and Condition of Premises. The Society accepts the Premises "as is, where is" at its own risk and expense; the Village makes no representation or warranty, express or implied, as to the condition of the Premises. 6. Renovation and Restoration of the Premises. The Society will, at its own cost and expense, undertake any steps necessary to maintain, renovate and restore the Premises to a condition suitable for the purpose of this Lease. At a minimum, the Society agrees to bring the Premises into compliance with then applicable Village Code requirements (including but not limited to public access and Life-Safety Codes) and to maintain the Premises in such compliance. iManage:202701_1 2 All plans and specifications for renovation and restoration on the Premises shall be subject to the Village's approval prior to the commencement of any work. No work shall be conducted without the required building permits, although any fees, bonds, letters of credit or other guarantees required by the Village Code shall be waived. Additionally, any contractor(s) working on the Premises shall secure business and/or contractor's licenses as required by the Village Code, any Village license fees related to such licenses being waived. The Village may, from time to time, at its sole discretion, provide funds, professional and/or technical support or other in-kind assistance to the Society for the purpose of facilitating said renovation and restoration. 7. Maintenance and Care of Premises. a. General Requirements. The Society will, at its own cost and expense, keep the Premises in a neat, clean, safe and sanitary condition, including all sweeping and removal of debris, and comply with all applicable laws and regulations of the State of Illinois and the United States and the Ordinances and regulations of the Village and with directions of governmental inspectors, including those of the Village. The Society will not permit any damage or injury to the Premises, permit the escape of any objectionable noise or odor, overload the floors or maintain any use that would be inconsistent with the purposes of this Lease. The Village shall be responsible for maintenance of the sidewalks surrounding the Property and any on-site parking area including snow and ice removal and repairs. The Village shall also be responsible for regular turf mowing, periodic tree and shrub trimming, as well as maintenance and repair of the water and sewer services from the right-of-way to the buildings. All other maintenance and grounds-keeping items shall remain the responsibility of the Society. b. Maintenance-Repairs. The Society will maintain the Premises making all needed repairs (including window breakage) at its sole cost and expense. Any requirements for permits, bonds, letters of credit, or other guarantees, shall be handled consistent with the requirements set out in Section 6 above. c. Alterations. The Society, at no expense to the Village, may remodel or make improvements to the Premises. All alterations, additions or improvements shall be subject to the prior written approval of the Village and shall be subject to Village permitting requirements consistent with Section 6 above. d. Access. The Village reserves for itself, its officers, employees, agents and contractors, free access to the Premises, upon proper iManage:202701_1 3 notice to the Society, at all reasonable times for the purpose of inspecting, cleaning or making repairs, additions or alterations to the Premises. This right shall not be construed as a promise or undertaking by the Village to do any of the foregoing. For this purpose, the Society shall, upon request, provide the Village Manager's Office with a key and security access code to all locks to all doors and entranceways. e. Signage. The Society shall not place any sign on the outside of any building on the Premises without first obtaining written consent of the Village. f. Materials. The Society shall not use, store or allow to remain in or on the Premises any flammable and/or environmentally hazardous materials. g. The Society Not To Misuse. The Society shall not permit any unlawful practice, with or without its knowledge or consent, to be committed or carried on at the Premises by itself or any other person. The Society shall not allow the Premises to be used for any purpose that will increase the rate of insurance thereon, nor for any purpose other than that hereinbefore specified. 8. Licenses and Taxes. The Society shall pay all license fees, income taxes, sales taxes, use taxes, payroll taxes, and any other kind of taxes arising from and relating to Society's activities. The Society shall, at all times, maintain its not-for-profit designation and tax-exempt status with the appropriate governmental authorities. The Society shall supply to the Village, annually, evidence of such designation and status. In the event that the Society does not maintain its not-for-profit designation and tax-exempt status, and as a result, the Village loses its tax-exempt classification of the Premises with regard to real estate taxes, the Society shall be solely responsible for the payment of same. Because real estate taxes are paid a year later than they are assessed, this covenant and condition shall survive the termination of the Lease and shall remain an obligation of the Society. The Society has the right to appeal any decision by the Cook County Assessor's Office regarding the real estate taxes, all at its expense. 9. Utilities. The Society, as its sole expense, shall provide, or shall otherwise pay for, when due, all costs for all utilities and other services on or to the Premises including but not limited to elevator service, electricity, gas, telephone, cable, heating, janitorial, security and grounds keeping (excluding water and sewer charges, and as noted in paragraph 7(a)) and shall also pay all charges for utility installation and modification thereto occasioned by its requirements. So long as the electrical service costs for the Premises are waived under the Village's franchise agreement with Commonwealth Edison, or other iManage:202701_1 4 electric provider, the Society shall not be responsible for payment of said costs. However, should that waiver cease, the Society will be responsible for payment of its electrical costs. The Village shall be responsible for regularly scheduled garbage pick-up except that special pick-ups or dumpsters, which are required as part of any ongoing restoration or repair, shall be the responsibility of the Society. The Village shall not be liable for any injury, loss or damage caused by or resulting from any interruption or failure of said services due to any causes whatsoever. 10. EQuality of Opportunity/Nondiscrimination. The Society shall comply with all federal, state and local laws and ordinances prohibiting discrimination in employment unless lawful based upon a bona fide occupational qualification. The Society shall comply with the provisions set forth in the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, see Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause. 11. Liability. a. Indemnification. The Village shall not be liable for any damage or injury to the Society, or any other person, or to any property, including but not limited to museum collections, artifacts, exhibits, private collections on loan to the Society, files, records, and archives, occurring on the Premises or any part thereof, except to the extent that such damage or injury is caused by any negligent or willful act or omission of the Village. All personal property of the Society that may be on the Premises during the Term or Extended Term, if any, shall be at the sole risk of the Society, and the Village shall not be liable to the Society, or to any person on the Premises, for loss or damage to such property, or for loss of income in the event of fire or other casualty, which prevents the Society from operating. The Society agrees to assume, pay and at all times indemnify, protect and save harmless the Village from any liability or damages to any person or property upon or about the Premises, in any way related to this Lease or caused by the acts, actions, omissions or property of the Society or its agents, licensees or invitees, except to the extent that such liability or damages are caused by any negligent or willful act or omission of the Village. b. Insurance. During the term of this Lease, and any Extended Term, if any, the Village shall maintain general comprehensive liability, fire and extended coverage insurance in the amount and within the limits of the plan then in force at the time of any casualty. No other insurance coverage of any kind whatsoever maintained by the Village is required under this clause. iManage:202701_1 5 The Society shall maintain commercial general liability coverage, including contents and liability coverage, with limits of not less than $1,000,000.00 for injury or death from one accident and $100,000.00 property damage, insuring the Village and the Society, among other things, against injury to persons or damage to property on or about the Premises. In addition, excess coverage shall be maintained with limits of not less than $2,000,000.00 per occurrence and in the aggregate. The Village shall be named as an additional insured on said policies, which coverage shall be primary and in no event considered contributory to any insurance purchased by the Village. Such insurance will not be canceled, reduced, or materially changed without providing the Village thirty (30) days advance written notice, via certified mail. 12. Subleasino and Assionments. This Lease contemplates no subleasing by the Society. This Lease may not be assigned. 13. Condemnation. If the whole or any part of the Premises is condemned by any public entity, this Lease shall cease as to the part condemned upon the day the public entity takes possession. The Society shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but the Society may file a claim for moving expenses and relocation costs. 14. Destruction of Buildino. In the event that a building or structure on the Premises shall be rendered uninhabitable by fire, other casualty, or government determination or adjudication, the Village may, at its sole option, terminate this lease, or repair the building or structure within sixty (60) days, and failing so to do, or upon the destruction of the building or structure by fire or other casualty, the Lease term hereby created shall cease. 15. Termination. In the event that the Society defaults in the performance of any of the terms, provisions, covenants and agreements and such default is not corrected within thirty (30) days after notice thereof from the Village or such shorter period as may be reasonable under the circumstances; or defaults in the performance of a provision, covenant, or agreement after notice on three (3) or more occasions within a two (2) year period; or if the Society shall vacate the Premises, request release from its duties, file a petition in bankruptcy or otherwise become the subject of bankruptcy or receivership proceedings; or should the Society materially change its organization or its character so as to constitute a de facto assignment, or come under the dominion of another entity to the degree that its operations, judgments or commitment to acting as a historical society and museum are diminished, this Lease may be terminated at the option of the Village. In the event of termination, all personal property of the Society shall remain property for distribution according to the By-Laws of the Society. iManage:202701_1 6 To terminate the Lease, the Village shall send notice of termination by certified mail or deliver the same to the Society at the address provided pursuant to Section 18, and all of the estate, right, title and interest of the Society in the Premises shall cease effective thirty (30) days from service of the notice. The Village may then reenter the Premises. Upon termination of the Lease for any reason, all fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises at the commencement of, or during the Term or Extended Term, if any, shall become and remain a part of the Premises and shall be deemed the property of the Village, without compensation or credit to the Society and shall not be removed by the Society at the expiration date unless the Village requests their removal. 16. Holdover. Should the Society remain in possession of the Premises following expiration of the Lease Term or Extended Term, if any, the Society shall pay the Village a holdover payment of one hundred ($100.00) dollars each day until possession is delivered to the Village. Such a holdover payment does not constitute a new lease term or acceptance by the Village of a new or additional lease term of any kind, and no provision in this clause shall constitute a waiver by the Village of any right of re-entry or any other right the Village holds, including the right to forfeit for a breach of any of the covenants in this Lease. The Village shall not be liable for any damage caused by the Society's holdover, nor shall this lease be void or voidable, but the Society shall not be liable for any holdover payments until possession is delivered. 17. Liens. The Society shall at all times indemnify, save and hold harmless the Village and keep the Premises free and clear from any claims, liens, charges, encumbrances or litigation arising directly or indirectly out of the occupancy or use of the Premises by the Society, or of any work performed, material furnished or obligations incurred by the Village and shall keep the Premises free and clear of all mechanics' or material men's liens. The Society shall give the Village notice of any claim of lien filed, and in such event shall immediately cause the proper proceedings to be instituted to test the validity of the lien claimed thereby and in case any lien shall be found to exist, the Society will pay and satisfy and cause the release thereof within thirty (30) days after the date of such final judgment and/or decree. 18. Notices. Written notices, rental payments, requests and grievances shall be made to the Village at the following address: 50 South Emerson Street, Mount Prospect, Illinois 60056; Attention: Village Manager. Written notices to the Society shall be made at the following address: 101 South Maple Street, Mount Prospect, Illinois 60056; Attention: Society President. iManage:202701_1 7 Any notices required to be given under this Agreement shall be by personal service or certified mail, receipt requested, effective on the date of personal service or the date of receipt, respectively. Either Party may change its address by giving the other five (5) days' notice in writing. 19. Attorney's Fees and Confession of Judqment. In case suit should be brought by either Party against the other for recovery of the Premises, or for any sum due hereunder, or because of any act which may arise out of the Society's possession of the Premises, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. 20. Force Maieure. Whenever a period of time is prescribed for action to be taken by the Village or the Society, they shall not be liable or responsible for, and there shall be excluded from computation for any such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulators or restrictions, or any other causes of any kind whatsoever which are beyond the control of the Village or the Society, respectively. 21. Miscellaneous Matters. a. This Lease may only be modified by agreement of the parties in writing. b. Acceptance of rent or continued performance does not waive full compliance with the terms and conditions of this Lease by the other. c. Failure to insist upon full performance of any covenant shall not be deemed to consent to or waive any subsequent nonperformance. d. The laws of the State of Illinois shall govern the validity, construction and effect of this Lease. e. This Lease shall be binding upon any successors, assigns of the Parties. f. The covenants of the Parties shall be interpreted to carry out the purposes of the Lease. g. Should any portion of this Lease be deemed, or determined to be, unenforceable, it shall not affect the enforceability of the remaining terms hereof. iManage:202701_1 8 22. InteQrated Agreement. This Lease consists of fourteen (14) pages and one (1) attachment; namely a Site and Demo Plan, Exhibit A. It constitutes the entire agreement of the parties. It supersedes and negates any oral representation or understanding that would modify or limit its text. IN WITNESS WHEREOF, the parties have signed this document in duplicate and affixed their corporate seals by their authorized officials. VILLAGE OF MOUNT PROSPECT MOUNT PROSPECT HISTORICAL SOCIETY By: By: Irvana K. Wilks Mayor Its President Date: Date: Acting Under Authority of Ordinance Acting Under Authority of Resolution Attest: Attest: M. Lisa Angell, Village Clerk Its Secretary iManage:202701_1 9 EXHIBIT A Site and Demo Plan of the Premises by Norman J. Toberman & Associates, Consulting Civil Engineers, last revised January 22, 2008 iManage:202701_1 10 I- ,~ 1 11'1 II., w w a: r- :1: 1 ~tn 11 Wl~ I '. ~: ~. <(n f ~:I II :E '~ , 'i ... . I I.: ' 1[,' f d. " . N~' ~ SW;, I-lit SURFACE LEGEND LEGEND @ REMOVAl & REPLACEMENT DJS1HL, J!!IJlJl!fJS]L. 5- P.C. CONCRETE SIDEWALK =0( ComMd St_---< 3" GRANULAR SUBBASE. TYPE B ==C Sooib)' St." --{ @ 5- P.C. CONCRETE WALK/STOOP = SIctrrl S- --l 3" GRANUlAR SUBBASE. TYPE 8 @ s..,." Mt1MoIt @ @ REMOVAl" REPlACEMENT 8'" @ CONe. CURB de GUTTER (t.l 6.12) 6IlmDrr '!' '11/2-15 REBARS de 3" AGG. cml/llhn_ @ BIT. PVMT -REMOVAL " REPLACE 0 .., 101 2' BIT. CONC. SURFACE (N-50) 0.. .... "'" ~ ~ 6~"T~~'S~~~C~ ~~~E~N(~~~AY)<D-t":~~ -,,- CD 4" TOP SOil &: SOD (ON-SITE) @ "-c CoMrc/</III @ @ 6' CONSTRucnON FENCE (TEMP.) 4., ~ l"" )( TREE PROTECTlON FENCE TEMP. :e r", ~ . "pe~~:~-,_TP~~n p;~:es~:~o;e~:': M s~",. ~ ~ 2>- _"., PH~ ...__IIZII_,,_ _ &. VILLAGE RESTORATION NOTES ',. CURB '" currER. SIDEWALK OR PAVEMENT DAMAGED DURING THE RELOCAll0N/CONSTRUCnoN SHALL BE REPLACED. ,2. PARKWAYS DISTURBED DURING THE RELOCATION/CONSTRUCTION SHALL BE RESTORED WITH TQPQSOIL &. SOD. DEMOLITION LEGEND @ f~ltfQv~pR: tE,f~rl~ENn @) CONC. WALK/PAD-REMOVAL @ BITUMINOUS CONC. PVMT./SAWCUT (REMOVAL. &c. REPl./l.CEMEND J PROJECT BENCH MARK: FIRE HYDRANT -UPPER FLANGE . '1 f-SE BOLT ELEVATlON- 667.31 I . . .' .. f}ll;s1. Cone. Wo/.t . '. i ~:K r, b.sl.l,I5C..,b 0tDin0ge"'",.- ,."""r_~Lid~ 1;;:'~'"';'l7 I SftutOONII.-I-A(4I]R-lm., ~~\_IMI{.."""ilrII_~ ~_~{/rtOIi/;1tI_~ fR{Cf1flO(CIOf SlrftllCl .' Lot':'2:' -PROPMFri 'CCM'RAt:F' LoI-CrXISTlNG CCM"IW:E scl106PT~~ ~:g~t w:l LOT AAU. 7.S!>!> son r"t..,.N:JA. RN.lP 259 son CARAC[ 810S0n WAlK/STOOP ill son WAlK 20!> son EDUCATION CENTER ~son lOTM. ClM:IlAC[;-:0f5son TQT,lL C~..~~ SOfT CCN'EAEO.......12.!IS ANn INCRfASE IN IIftR\IIOUS AREA P!lOPOSEOIWP[lMOUS 2.5225qJI.A LESS EXISl. IWPElMOUS ~5lj.ft NET GAIN Of 1.507 so.rr.& RELOCATED CENTRAL SCHOOLHOUSE lUS.lMPl.fA~ MT.PflOSPEC'I,LIOll5I ....rPl..IKI..... 06-5219 .J()'-l' Lot 3 "fJ E.;sl.G..,..'i!" SITE & DEMO PLAN r;...~~. ~~f.::Ze 'IOSS.lolopleA;oe TF.-666.111 Y:\2006 )OB5\06-5219 (RelOcated School with Basement) 103 5 Maple Ave (MOUNT PR05PECT)\1-22-08-REV-06-5219,dwg, 01/22/2008 11:32:17 AM, Adobe PDF NOTICE OF PUBLIC HEARING ON . AMENDMENT TO LEASE OF 10H03 SOUTH MAPLE STREET TO MOUNT PROSPECT HISTORICAL SOCIETY NOTICE IS HEREBY GIVE N that the Corporate Authorities of the Village of Mount Prospect. Cook County, J llinois, will hold a public hearing at 7:00 p.m. on February 19. 2008, in the Board Room, located on the third floor of the Mount Prospect Village Hall. 50 S. Emerson Street, Mount Prospect, Illinois, to con- s ider adoption of on ordi- nance opproving an amend- ment to the lease of 101-103 South Maple Street between the Village of Mount Pros- pect and the Mount Pros~ peet Historical Society, pur- suant to the provisions of 65 I LCS 5/11.76.1. 11-76-2. re- garding the following prop. erty (the "Premises"): Address: 101-103 S. Maple Street, Mount Prospect, Illinois Legal: 08-12-110-001 and 08- 12-11 0-001 Lots 1 and 2 in Block 1 in Busse and Wille's Resubdi- vision in Mount Prospect in the West Half (1/2) of Sec- tion 12, Township Al North, Range 11 East of the Third Principal Meridian. The Premises was leased by the Village to the Histori- cal Society on March 7,1989, for a periOd of ninety (99) vears. The proposed amend. ment is to rewrite the lease, except for the term and lo- cation, which will remain unchanged. The Saciety's use of the Premises shall be limited to a) maintenance and operation of the Prem- ises as the permanent site for its offices, a public his- torical museum and a publiC meeting place, b) presenta- tion and display of historical artifacts and displays, c) periodic entertainment and lectures to the public reo lated to the Society's mis- sion, d) use of ancillary ar- eas for storage of historical artifacts, equipment and supplies; e) the sale of reo freshments, inCluding alco- hol, in compliance with state law and Village ordi. nances and regulations, and o -.:.otTlcJementcry commer- cial purposes directed at raising funds for the Soci- ety's ongoing operation and maintenance. No other uses are permissible without the pr iar written approval of the Village. All persons wishing to be heard may appear and be heard at the public hearing. Said public hearing may be continued from time to time without further notice ex- cept as otherwise required by the Illinois Open Meet- ings Act. BY ORDER of the Corpo- rate Authorities of the Vil. loge of Mount Prospect. Cook County, Illinois. By: /s/ M. Lisa Angell Village ClerK PubJ ished in Doi Iy Herald Jan. 24, 2008 (4026353) N CERTIFICATE OF PUBLICATION Paddock Publications, Inc. Daily Herald Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. That said DAILY HERALD is a secular newspaper and has been circulated daily in the Village(s) of Algonquin, Antioch, Arlington Heights, Barrington, Barrington Hills, Lake Barrington,North Barrington,South Barrington, Bartlett,Batavia, Buffalo Grove, Burlington, Carpentersville, Cary ,Deer Park, Des Plaines, South Elgin,East Dundee,Elburn, Elgin,Elk Grove Village, Fox Lake, Fox River Grove,Geneva,Gilberts, Grayslake, Green Oaks, Gurnee, Hainesville,Hampshire,Hanover Park, Hawthorn Woods,Hoffman Estates, Huntley,lnverness,Island Lake,Kildeer,Lake Villa, Lake in the Hills, Lake Zurich, Libertyville, Lincolnshire, Lindenhurst, Long Grove, Mt. Prospect,Mundelein,Palatine,Prospect Heights, Rolling Meadows, Schaumburg, Sleepy Hollow, St. Charles, Streamwood, Tower Lakes, Vernon Hills, Volo, Wauconda, Wheeling, West Dundee, Wildwood, Campton Hills County(ies) of Cook, Kane, Lake, McHenry and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 7150, Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was published January 24, 2008 in said DAILY HERALD. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS J f" /I ../'.';" t~ ! /:~ Ij fl,;: . . . BY """'-u"~~"""<;'<>." ,J'-- Authorized Ag'~ht ' Control # T4026353 175 W. Jackson Blvd. Suite 1550 Chicago, IL 60604 (312) 913-3200 www.rtachicago.com ~ ~~~ 211qlo~ Regional Transportation Authority January 24, 2008 Clare O'Shea Long Range Planner Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Dear Ms. O'Shea: Enclosed you will find two Technical Services Agreements (TSA) between the Village of Mount Prospect and the Regional Transportation Authority (RTA). Please have the Village's authorized official, Mayor Irvana Wilks, sign the following pages on each copy of the agreement: · Page 22 of the TSA · Page 3 of Exhibit C Additionally, the Village's attorney should sign Page 4 of Exhibit C. Please do not fill in the date in Exhibit B. This will be completed by the RT A once the agreement is executed by our representative. Please return both original, signed copies to my attention at the RTA. Once the agreements are executed on our end, a fully executed TSA will be returned to the Village for your files. Additionally, the Regional Transportation Authority (RTA) concurs with your request for the Village of Mount Prospect to enter into a Professional Services Agreement with TranSystems to prepare the Village of Mount Prospect Public Transportation Improvement Study at a cost not to exceed $124,794.47. The execution date in the Professional Services Agreement should reflect the execution date (or later) of the Technical Services Agreement. Please provide me with a copy of the executed agreement for my files. As a reminder, any subsequent revisions to the current version of the Professional Services Agreement require the prior approval of the R T A. Please note that allowable project costs cannot be incurred prior to the effective date of the TSA, which is the date of the RTA Executive Director's execution. Should you have any questions, please call me at (312) 913-3241. Sincerely, ~~~_.- ~y C~rella Division Manager, Special Programs Enclosures c: Heather Tabbert, RT A A MeffiL c:') pace ~~.eol,)~~ I~~o Village of Mount Prospect Community Development Department "/0 A'M"'~IooIQSt',:, Mount~ MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNIlY DEVELOPMENT ~. \-A~ 1('" dl FROM: DATE: SUBJECT: JULY 11,2007 REGIONAL TECHNICAL ASSISTANCE PROGRAM (RTAP) VILLAGE OF MOUNT PROSPECT PUBLIC TRANSPORTATION SYSTEM PLAN On July 20, 2006, Staff submitted a pre-application to the Regional Transportation Authority (RT A) for assistance with a public transportation system plan through the Regional Technical Assistance Program (RTAP). Earlier this year RTA approved the Mount Prospect Public Transportation System Plan for inclusion in the 2007 RTAP. RTA budgets the project at $125,000 with a 20% local match ($25,000). For the project a consultant will be hired to create the plan. Regional Technical Assistance Program The RTAP was created to enhance coordination between local governments and agencies. RTAP provides planning assistance, technical support, information services, presentations, consultation, training, and workshops. Eligible recipients are municipalities, townships, counties, the region's public transit operators (CTA, Metra and Pace), transportation management associations, and local planning agencies. Since inception, the RTAP has assisted local communities and operators with station area planning studies, county transit plans, corridor studies, and technology demonstrations. A brochure with more information about the project is attached. Village of Mount Prospect Public Transportation The community has expressed concern that the current public transportation system in Mount Prospect is difficult to navigate and does not provide adequate service to all areas of the Village. This was expressed from the public input that was gathered from the Comprehensive Plan Update and the business retention visits conducted by Village Staff and the Economic Development Commission. It is important that the Village fully understand who is using mass transit within the Village (origination and destination) and seek opportunities to improve connectivity to critical destinations within the Village and the surrounding area. The Suburban Transit Access Route (STAR) Line is also currently in the early stages of planning and will dramatically affect the way the southern half of Mount Prospect connects to the Chicago land area. The proposed STAR Line will create a new commuter rail transit infrastructure between O'Hare Airport, Hoffman Estates, and Joliet. In the most recent version of the plan, a station is planned at a site on Busse Road, immediately north of the Northwest Tollway (Interstate 90). The line itself will be located within the Tollway right--of-way. Although it will be several years before the start of construction for the STAR Line, the Village will benefit from analyzing the placement of a STAR Line station and its impacts on existing and future land uses and transportation routes. Planning proactively for the placement of the station will ensure proper connections to multiple modes of public transportation options and make certain that development related to the station is transit-oriented and pedestrian friendly. RTAP Public Transportation System Plan July II, 2007 Page 2 If studied and planned correctly, a public transportation plan will aid the Village in increasing connectivity between key destinations in the community, encourage transit ridership, and provide residents with viable alternatives to driving. Furthermore, the recent update of the Comprehensive Plan recommends studying the public transportation system in Mount Prospect evaluating the current level of service, usage, and access to transit, pedestrian, and bicycle traffic in order to improve the Village's public transportation system and connections to multiple modes of transportation. Village of Mount Prospect Public Transportation System Plan This project will address two elements of public transportation within the Village. The first project component will review the current level of local public transportation service and identify connectivity, usage, and service area improvements to destinations within the Village and the region. The second component will develop a station area plan for a proposed station within the Village on the proposed Metra STAR Line. More detail on the project can be found in the attached application. RT AP Final Application The Village needs to submit a final application which presents 1) the project scope, 2) project management plan, f) 3) project budget, and 4) a signed resolution by the Village, authorizing the filing of the application and execution L.:&>~ of the required Technical Assistance Agreement (TSA). When a consultant is selected, the Village will then need Ac..ll ( to sign the TSA with RTA. A copy of this agreement is attached; it has been reviewed by the Village Attorney. . ~ Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 17,2007 meeting. Staff and a representative from RTA will be present to answer any questions related to this matter. Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: FROM: MICHAEL E. JANONIS, VILLAGE MANAGER COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 28,2008 CONTRACT DECISION - RTAP GRANT SUBJECT: Background The RTA's Regional Transportation Assistance Program (RTAP) provides technical and/or financial support to selected municipalities or governmental agencies for transit planning projects that enhance transit. RT A support may be provided as funding for comprehensive transit planning and market research studies, innovative approaches to improve access to local transit facilities, or new institutional arrangements to address emerging transportation needs within non-traditional markets. The Village of Mount Prospect was notified that the Regional Transportation Authority (RTA) awarded $125,000 to conduct a Mount Prospect Public Transportation System Study. The Village must provide a 25% match of the RT AP assistance. Bid Results The Village of Mount Prospect released a Request for Proposals in November and received seven responses to the request. Company Cost Vlecides Schroeder $97,407 SCB $105,630 DLK $108,981 Tylin International $123,313 Trans Systems $124,794 EDAW $154,622 Images, Inc. $211,434 An interview team reviewed the proposals and scheduled interviews with three of the consultants. The team eliminated the following consulting: · EDAW's proposal was eliminated because the scope of work was not defined. · V3's proposal was over budget for this project. RT AP Grant February 19, 2008 Page 2 · DLK's proposal did not have consistent costs and did not have a scope of work. · SCB had the wrong project in the proposal. The Village interviewed TranSystems, Vlecides Schroeder, and Tylin International. Discussion The criteria established for the consultant selection was: understanding of project scope, timeline, GIS data delivery, cost, and the variety of data utilized to understand the demands of the transportation system. The interview team determined that Tran Systems best met the criteria established for selection and therefore recommend that the Village enter into a contract with Tran Systems for an amount not to exceed $124,794.47. $24,958 has been budgeted by the Village of Mount Prospect for 2008 to meet the match requirement. Recommendation Attached is a Technical Service Agreement between the Village of Mount Prospect and the Regional Transportation Authority and a Professional Service Agreement between the Village of Mount Prospect and Tran Systems to complete the public transportation system study. Both documents are required by all RTAP grant recipients. The Technical Service Agreement must be signed and returned for its signatures from the RTA before the Village fully executes the Professional Service Agreement (Le. obtain signatures from Tran Systems). Please forward this information to the Village Board on February 19, 2008. Staff recommends approval and will be present to answer any questions. WJ" l CNl1l, William J. Cooney, Jr., AICP Director of Community Development RESOLUTION NO. 33-07 PROJECT TITLE VILLAGE OF MOUNT PROSPECT PUBLIC TRANSPORTATION SYSTEM PLAN Resolution authorizing applications for and execution of a technical assistance grant under the Regional Transportation Authority's general authority to make such Grants. WHEREAS, the Regional Transportation Authority ("Authority"), is authorized to study public transportation problems and developments; and to conduct, in cooperation with other public and private agencies, such studies; and WHEREAS, the Authority has the power to expend funds for use in connection with these studies; and WHEREAS, the Authority has the power to make and execute all contracts and other instruments necessary or convenient to the exercise of its powers; and WHEREAS, approval for said funds will impose certain financial obligations upon the recipient. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNTPROSPECT COOK COUNTY ILLINOIS: SECTION 1: That the President is hereby authorized to execute and file applications on behalf of Village of Mount Prospect with the Regional Transportation Authority for a technical assistance grant for the Village of Mount Prospect Public Transportation System Plan, copy of which Applications is attached hereto and hereby made a part hereof as Exhibit "A" SECTION 2: That the President is hereby authorized to furnish such additional information, assurances, certifications and amendments as the Regional Transportation Authority may require in connection with this technical assistance grant application. SECTION 3: That the President is hereby authorized and directed on behalf of the Village of Mount Prospect to execute and deliver grant agreements and all subsequent amendments thereto between the Village of Mount Prospect and the Regional Transportation Authority for technical assistance grants, and the Secretary of the Village of Mount Prospect is authorized and directed on behalf of the Village of Mount Prospect to attest said agreements and all subsequent amendments thereto. SECTION 4: That the President is authorized and directed to take such action as is necessary or appropriate to implement, administer and enforce said agreements and all subsequent amendments thereto on behalf of the Village of Mount Prospect. SECTION 5: The Village Clerk is hereby authorized and directed to record a certified copy of this Resolution with the Recorder of Deeds of Cook County. SECTION 6: This Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. RTAP RESOLUTION PAGE212 AYES: Corcoran, Hoefert, Juracekt, Korn, Lohrstorfer, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 17'h day of July 2007. RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A TECHNICAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE REGIONAL TRANSIT AUTHORITY (RTA) WHEREAS, the Village of Mount Prospect wishes to undertake one or more public transportation planning related projects; and WHEREAS, by Resolution No. 33-07 dated July 17, 2007 the Village of Mount Prospect made application to the RT A for financial assistance and technical assistance for the Village of Mount Prospect Public Transportation System Plan in accordance with the procedures established by the RT A; and WHEREAS, in consideration of the mutual covenants set forth, this Agreement is made to provide technical and financial assistance to the Village in the form of a technical services agreement ("Agreement"}, to set forth the terms and conditions upon which the Agreement will be made, and to set forth the Agreement of the parties as to the manner in which the project will be undertaken; and WHEREAS, the corporate authorities of the Village of Mount Prospect have determined that it would be in best interest of the Village to enter into an Agreement with the Regional Transit Authority for Technical Services as required to complete the public transportations system study. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Village President to execute and the Village Clerk to attest the signature on the Agreement between the Regional Transit Authority and the Village of Mount Prospect for technical services, a copy of which is attached to and made a part of this Resolution as Exhibit "A.II SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 51 day of February, 2008. Irvana K. Wilks, Mayor M. Lisa Angell, Village Clerk H :\CLKO\files\WI N\RES\Authorize RT APtechserviceag reementfeb2008.doc T-k RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL AND CONSULTING SERVICES AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND TRAN SYSTEMS WHEREAS, the Village of Mount Prospect wishes to undertake one or more public transportation planning related projects; and WHEREAS, by Resolution No. 33-07 dated July 17, 2007 the Village of Mount Prospect made application to the Regional Transit Authority (RT A) for financial and technical assistance for the Village of Mount Prospect Public Transportation System Plan in accordance with the procedures established by the RT A; and WHEREAS, pursuant to the requirements of the RTA, all grant recipients must provide to the RTA an executed agreement for professional and consulting services as part of the public transportation system study; and WHEREAS, this agreement sets forth the terms and conditions upon which the Agreement will be made to provide the professional and consulting services to prepare the "Village of Mount Prospect Public Transportation Improvement Study"; and WHEREAS, the corporate authorities of the Village of Mount Prospect have determined that it would be in best interest of the Village to enter into an Agreement with Tran Systems for professional and consulting services. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Village President to execute and the Village Clerk to attest the signature on the Agreement between Tran Systems and the Village of Mount Prospect for professional and consulting services, a copy of which is attached to and made a part of this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 51 day of February, 2008. Irvana K. Wilks, Mayor M. Lisa Angell, Village Clerk H:\CLKO\files\WIN\RES\Authorize RT APprofessionalserviceag reementfeb2008.doc TECHNICAL SERVICES AGREEMENT between THE REGIONAL TRANSPORTATION AUTHORITY and Village of Mount Prospect Contract No.: RTAP-2007-51 TABLE OF CONTENTS ARTICLE I: DEFINITIONS ............................... .................................................................. .......................... ............... 1 ARTICLE II: THE RECIPIENT'S AUTHORITY AND COMMITMENT....................................................................... 2 ARTICLE Ill: TERM OF AGREEMENT....................................................................................................................... 2 ARTICLE IV: TECHNICAL SERVICES AGREEMENT................................................................................................2 ARTICLE V: METHOD OF FUNDING........................................................................................................................ 3 ARTICLE VI: ACCOMPLISHMENT OF THE PROJECT(S)........................................................................................ 3 ARTICLE VII: PASS-THROUGH FUNDING PROVISIONS........................................................................................ 4 ARTICLE VIII: PROJECT ADMINISTRATION AND MANAGEMENT....................................................................... 5 ARTICLEIX: REQUISITION, PAYMENT PROCEDURES, AND RECORD KEEPING .............................................5 ARTICLEX: RIGHT OF THE RTA TO TERMINATE .................................................................................................. 8 ARTICLE Xl: SETTLEMENT AND CLOSE-OUT............... ..... ......... ... ................ ........................... ................. ............. 9 ARTICLE XII: PROCUREMENT..... ............................................... .............................................. ................................ 9 ARTICLE XIII: SETTLEMENT OF THIRD PARTY CONTRACT DISPUTES OR BREACHES................................. 10 ARTICLE XlV: ASSIGNMENT OF CONTRACT - SUBCONTRACTORS................................................................. 11 ARTICLE XV: INDEMNIFICATION .............................. ............... .................... ........................... .... .......................... 11 ARTICLE XVI: INDEPENDENCE OF RECIPIENT................................................................................................... 11 ARTICLE XVII: NON-COLLUSION.................. ........ ................ ......... .... .... .................................. ............. .... ............. 11 ARTICLE XVIlJ.' CONFLICTS OF INTEREST................................................. ................. ................. .......... .............. 12 ARTICLEXIX: RECIPIENT'S RESPONSIBILITY FOR COMPLIANCE................................................................... 12 ARTICLEXf: LABOR LA W COMPLIANCE.............................................................................................................. 12 ARTICLE XfI: CIVIL RIGHTS................................................................................................................................... 13 ARTICLE XfII: ENVIRONMENTAL COMPLIANCE ........ ............... .... ........................................................ ............. 17 ARTICLE XfIII: DRUG FREE WORKPLACE............... ...................................................... ......................... ............. 17 ARTICLEXfIV: RESTRICTIONS ON LOBByING:...................................................................................................18 ARTICLE.,ITV: SEVERABILITy........... ..... ..... .... ................ ...... .............. ........... ....... ............ .... ..... ...... ........... ..... ....... 18 ARTICLE.,ITVI: ASSIGNMENT AND AGREEMENT................................................................................................ 18 ARTICLE .,ITVII: AMENDMENT.... .................... ....... ......... ............ ....... ............................................... ...... .... .... ........ 18 ARTICLE .,ITVIII: TITLES......................................................................................................................................... . 19 ARTICLEXfIX: OWNERSHIP OF DOCUMENTS/TITLE TO WORK...................................................................... 19 ARTICLE.x:IT:' ETHICS............................................................................................................................................ . 21 ARTICLE XXXI: PRIVACy................... ........ ..... ...................... .......... ................ .... ................... .......... ........... .......... ... 21 ARTICLE XXXII: DOCUMENTS FORMING THIS AGREEMENT............................................................................ 21 ARTICLE XXXIII.' SPECIAL CONDITIONS...... ....... .......... ........... .............. ......... .................... ..... ............................. 21 This Agreement is made by and between the Regional Transportation Authority, a Municipal Corporation created under the laws of Illinois (hereinafter referred to as the "RTA") and Village of Mount Prospect created under the laws of Illinois (hereinafter referred to as the "Recipient" or the "Grantee," which term shall include its successors and assigns). WHEREAS, the Recipient wishes to undertake one or more public transportation planning- related projects; and WHEREAS, the Recipient has made application to the RTA for financial assistance or financial and technical assistance for the project(s) in accordance with the procedures established by theRTA;and WHEREAS, the Recipient's final application has been approved by the RTA; NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, this Agreement is made to provide financial assistance or financial and technical assistance to the Recipient in the form of a technical services agreement (hereinafter referred to as the "Agreement"), to set forth the terms and conditions upon which the Agreement will be made, and to set forth the Agreement of the parties as to the manner in which the project(s) will be undertaken, completed, and used. ARTICLE I: DEFINITIONS 1.1 "Allowable Cost" means an expense with respect to the Project(s) which meets the requirements of Article IX of this Agreement. 1.2 Project(s). "Application" means the application submitted by the Recipient with respect to the 1.3 "Agreement Budget" means those funds paid to or on behalf of the Recipient by the R T A under the provisions of this Agreement. 1.4 "Local Share" means that portion of the Net Project Cost of each Project provided by the Recipient pursuant to this Agreement. 1.5 "Net Project Cost" means the sum of the allowable costs incurred in performing the work on each Project, including work done by the Recipient. 1.6 "Project(s)" means the scope of specific activities for which the funds provided in this Agreement are to be expended, as set forth in Exhibit A, Scope of Services. 1.7 "Project Budget" means the anticipated net Project cost for each Project shown in Exhibit B, Project Budget, as may be amended from time to time with RTA approval and in a format approved by the R T A. 1.8 "Project Facilities" means any facilities, equipment, or real property purchased, acquired, constructed, improved, renovated, or refurbished as part of each Project through the application of the RTA's Agreement funds. ARTICLE II: THE RECIPIENT'S AUTHORITY AND COMMITMENT 2.1 The Recipient has the legal authority and the financial, technical, and managerial capacity to apply for, plan, manage, and complete the Project(s) for which funding is being provided under this Agreement. 2.2 The Recipient acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the United States or State of Illinois in connection with this Project, they reserve the right to impose on the Recipient the penalties of 18 USC 1001, 49 USC 5307, 31 USC 3801, and 49 CFR 31, as they may deem appropriate. Recipient agrees to include this clause in all state and federally-assisted contracts and subcontracts. 2.3 The Recipient agrees to undertake and complete the scope of each Project as set out in Exhibit A, Scope of Services, and in accordance with the Project Budget as set out in Exhibit B, Project Budget, and to provide for the use of Project facilities and equipment as described in the Recipient's final application approved by the RTA, in accordance with this Agreement and all applicable laws. The scope of each Project is more particularly described in Exhibit A, Scope of Services, and in the plans, specifications, and schedules set forth in the Recipient's final application. ARTICLE III: TERM OF AGREEMENT 3.1 The term of this Agreement shall be from execution to 5/31/2009. ARTICLE IV: TECHNICAL SERVICES AGREEMENT 4.1 RTA Agreement Budget Commitment. (a) Subject to the annual appropriation of funds by the RTA, the RTA hereby commits to provide the funds pursuantto paragraph 4.1 (b) and as listed in Exhibit B, Project Budget, for the Project(s) in Exhibit A, Scope of Services. (b) The RTA Agreement amount provides 80.00% of the actual cash share of the Project Budget, or $99,835.58, whichever is less. The RT A shall have no liability regarding any Project funded by this Agreement in excess of the funds actually appropriated for the Project. 4.2 Recipient Commitment to Complete Proiect(s) or Seek Amendment. Subject to the RTA's appropriation of the funds described in paragraph 4.1, the Recipient agrees to compiete the scope of all the Projects listed in Exhibit A for the R T A Agreement amount, or to seek an amendment in accordance with this subparagraph. The Recipient shall request an amendment to the Agreement in order to (1) add or (2) delete a Project, (3) change the scope of any Project, or (4) change the Agreement amount. 4.3 Conformity with Proiect Budget. (a) The Recipient shall carry out each Project and shall incur obligations against and disburse Project funds only in conformance with the latest approved Project Budget attached hereto 2 as Exhibit B. A proposed revised Project Budget shall accompany any request to amend this Agreement. (b) The Recipient must seek the prior approval of the RTA to revise the Project Budget(s) to increase or decrease the estimated nef Project cost. In making this request the Recipient must demonstrate the following: (1) A justifiable rationale for the revision in a particular Project; (2) The revised budget for the Project covers the full scope of the Project funded under this Agreement, i.e., the revised budget of the Project is intended to be adequate for the completion of the Project; (3) There are sufficient unspent funds in the Agreement contingency, should one be part of this Agreement, or any other Proj ect which may be reallocated to the revised budget of the revised Project; (4) The funds remaining in the Agreement contingency, should one be part of this Agreement, or any other Project after reallocation of funds to the revised budget for the Project are sufficient to provide for the uncompleted portions of all other Projects within the Agreement; and (5) The proposed revision will not cause the Agreement amount, as reflected in Article IV, to be exceeded. ARTICLE V: METHOD OF FUNDING 5.1 The RTA may finance its obligations, or any portion thereof, under this Agreement in any way it deems, in its sole discretion, to be most advantageous and fiscally sound, provided that nothing in this Agreement shall cause the Recipient to be obligated to any creditor of the RTA with respect to such financing. 5.2 All or part of any share of the net Project cost to be contributed by the Recipient may, with the express written prior approval of the RT A, be provided by the Recipient in the form of contributions of professional, technical or other services. The amount or value of any share of the net Project cost contributed by the Recipient is to be shown in Exhibit B. 5.3 In the event that the Recipient receives funds from any source with respect to the completion of the Project, which do not appear in Exhibit B, and were not included in determining the R T A Agreement amount under paragraph 4.1 (b) of this Agreement, the amount of this Agreement shall be recalculated and a proportionate amount of the R T A funding shall be refunded to the RTA. ARTICLE VI: ACCOMPLISHMJj:NT OF THE PROJECT(S) 6.1 General. (a) The Recipient shall commence, carryon, and complete the Project(s) with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the 3 provisions of this Agreement. The Recipient shall cause all contractors involved with the Project(s) to deliver and complete the Project(s) in accordance with the Project schedules submitted at time of application or as revised pursuant to paragraph 6.2(b) of this Agreement. (b) In performance of its obligations pursuant to this Agreement, the Recipient and the contractors shall comply with all applicable provisions of federal, state, and local law. Specifically, Recipient and contractors agree to administer the Project in accordance with the applicable federal and state provisions, including all applicable Federal Transit Administration (FT A) Circulars and 49 CFR 18 and 19. All limits and standards set forth in this Agreement to be observed in the performance of a Project are minimum requirements and shall not affect the application of more restrictive standards to the performance of the Project. (c) At or prior to the time that funds are needed to meet Project costs, the Recipient shall initiate and prosecute to completion all proceedings necessary to enable the Recipient to provide any share of the net Project cost which is to be provided by the Recipient. (d) Nothing in this Agreement is intended to subject the RTA to any obligations or liabilities to contractors of the Recipient, or its subcontractors, or any other person not a party to this Agreement in connection with the performance of any Project pursuant to the provisions of this Agreement, notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof. 6.2 Proiect Completion. (a) Any failure, except a force majeure event or any other reason beyond the control of the Recipient, to make progress which significantly endangers substantial performance of a Project within a reasonable time shall be deemed to be a violation of the terms of this Agreement. (b) The Recipient shall complete each Project in accordance with the Project completion date provided at time of application or as revised. In the event the Recipient determines that, for whatever reason, a Project cannot be completed in accordance with the Project schedule, the Recipient shall immediately notify the RTA in writing within thirty days of: 1) the nature and extent of the delay; 2) the reason or reasons for the delay; 3) the adjustments to the Project schedule which can be made to ensure that the Project is completed on schedule; and 4) if the Project cannot be completed on schedule, the implications on the Project Budget due to the delay. ARTICLE VII: PASS-THROUGH FUNDING PROVISIONS 7.1 If this Agreement provides any portion of funding for which the RTA receives funds from a governmental entity subject to agreement, grant, or contract, the provisions contained therein and as detailed in the attached Exhibit C, Federal Certifications and Assurances, are hereby incorporated by reference and made a part of this Agreement. The Recipient shall carry out each Project in such a manner as to comply with the requirements contained herein and the requirements of any governmental agreement applicable to this Project. If it is not possible to carry out the project in such a manner, the Recipient shall, as soon as practicable, notify the RTA in writing of the specific provisions of each agreement in conflict and reasons for conflict in order that appropriate arrangements may be made between the parties and any governmental entity to permit the Project to proceed. 4 7.2 The Recipient acknowledges that federal and state governmental requirements may change and the changed requirements will apply to the Project as required. The Recipient agrees to include in all subcontracts or lower tier agreements specific notice to this effect. 7.3 The Illinois Department of Transportation (IDOT) and the FT A shall not be subject to any obligations or liabilities by or to the Recipient or contractors of the Recipient or theIr subcontractors or any other person not party to this Agreement in connection with the performance of this Project, without their respective express written consent, notwithstanding the concurrence in or approval of the solicitation or the award by IDOT or FTA to such contractors or subcontractor(s). The Recipient agrees to include this clause in each subcontract or lower tier agreement financed in whole or in part with federal and/or state assistance. ARTICLE VIII: PROJECT ADMINISTRATION AND MANAGEMENT 8.1 Proiect Management. (a) The Recipient is responsible for administration and management of each Project. (b) RTA or its designee may conduct periodic on-site inspections of each Project to evaluate the effectiveness of the Recipient's arrangement for supervision and inspection and to evaluate the work done on the Project and adherence to this Agreement. The Recipient shall cause its contractors to provide reasonable access to their premises for the R T A and its designee to permit these inspections. Inspection of, or concurrence by, RTA in Project work does not relieve the Recipient of its responsibilities and liabilities. Any inspection must be coordinated with the Recipient's personnel for purposes of providing reasonable notice and adhering to safety regulations. (c) Any Project management plan or amendment to such plan provided pursuant to any governmental agreement, grant or contract for any Project in this Agreement shall require written approval of the R T A. (d) The Recipient shall report to the RTA regarding all Projects in this Agreement. When requesting reimbursement from the R T A, the Recipient will be required to submit detailed requisitions and progress reports supported by properly executed payrolls, time records, invoices, contracts, or vouchers, evidencing in detail the nature and propriety of the charges. ARTICLE IX: REQUISITION, PAYMENT PROCEDURES, AND RECORD KEEPING 9.1 The Recipient shall establish and maintain as a separate set of accounts, or as an integral part of its current accounting scheme, accounts for each Project in conformity with requirements established by the RT A. 9.2 Allowable Costs. Agreement funds shall only be used to payor reimburse the Recipient for allowable costs for a Project which meets all of the requirements set forth below: 5 (a) They shall be made in conformance with the final, approved Exhibit A, Scope of Services, and Exhibit B, Project Budget(s), and all other provisions of this Agreement; (b) They shall be necessary in order to accomplish the Project; (c) They shall be reasonable in amount for the goods or services purchased; (d) They shall be actual net costs to the Recipient (i.e., the price paid minus any refunds, rebates, or other items of value received by the Recipient which have the effect of reducing the cost actually incurred); (e) They shall be incurred (and for work performed) after the effective date of this Agreement, unless specific authorization from the RTA to the contrary is received; (t) They shall be in conformance with the standards for allowability of costs established by IDOT. State of Illinois rates apply for lodging and meals. (g) They shall be satisfactorily documented; (h) They shall be treated uniformly and consistently under accounting principles and procedures approved or prescribed by generally accepted accounting principles, and those approved or prescribed by the Recipient for its contractors; and (i) They shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature and propriety of the charges. (In the event that it may be impractical to determine exact costs of indirect or service functions, allowable costs will include such allowances for these costs as may be approved by the R T A.) 9.3 Payment Procedures. (a) The Recipient may make requests for payment of allowable costs under the Agreement, and the R T A shall honor such requests in the manner set forth in this paragraph. In order to receive payments, the Recipient shall: (1) Execute and submit to the R T A a requisition for approval by the R T A; (2) Have submitted all financial, progress, and other reports required by the RTA; and (3) HelVe received approval by the RTA for any budget reviSIons required to cover all costs to be incurred by the end of the requisition period. (b) Upon receipt of the completed requisition form and the accompanying information in satisfactory form, the R T A shall process the requisition. If the Recipient is complying with its obligations pursuant to the Agreement, the RT A shall reimburse apparent allowable costs incurred by the Recipient up to the maximum amount of the RTA Agreement. Such reimbursement shall be made within sixty (60) days after receipt of each request for same from the recipient. However, reimbursement of any cost pursuant to this paragraph shall not constitute a final determination by 6 the R T A of the allowability of such cost and shall not constitute a waiver of any violation of the terms of this Agreement committed by the Recipient. The R T A will make a final determination as to the allowability of costs only after a final audit of the Agreement has been conducted pursuant to Article XI of the Agreement. (c) In the event that the RTA determines that the payment should not be made, it shall notify the Recipient within twenty (20) days after receipt of the completed requisition form, stating the reasons for such determination. (d) The Recipient agrees that upon completion of all of the Projects in this Agreement and after payment or provision for payment or reimbursement of all allowable costs, the Recipient shall refund to the RTA any unexpended balance of funds received by the Recipient under this Agreement. 9.4 Records Retention. (a) All books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with this Agreement, this Agreement and all books, records, and supporting documents related to the Agreement must be retained by Recipient for a minimum of five (5) years after completion of this Agreement and shall be available for review and audit by authorized representatives of the RTA, the Illinois Auditor General, IDOT, or the FT A with the following qualifications: (1) All records must be retained until final audit is completed and all audit findings are resolved, unless otherwise agreed to by the RTA; (2) If any litigation or claim is initiated before completion of the final audit, records must be retained until all litigation or claims involving these records have been resolved; and . (3) Records of any property acquired with R T A funds must be retained for three years after final disposition of the property. (b) Should the Recipient administer any system of records on behalf of the Federal or State Government, the Privacy Act of 1974, 5 USC 552(a) and 49 CFR 29 Subpart F, imposes information restrictions on the party managing the system of records. 9.5 Audits. (a) Pursuant to all applicable Office of Management and Budget Circulars, the Recipient shall permit, and shall require its contractors to permit, at anytime, the RTA, or IDOT or other state or federal agency, authorized to perform such audit and inspection, to inspect all work, materials, payrolls, and other data and records, including computer or electronically generated records, documents, and data, with regard to each Project, and to audit the books, records, and accounts of the Recipient and its contractors with regard to each Project. The RTA also may require the Recipient to furnish at any time prior to closeout of the Agreement, audit reports with respect to the Agreement prepared according to generally accepted accounting principles. The Recipient agrees to 7 promptly comply with recommendations contained in any RTA, IDOT or other state or federal agency final audit report. (b) In accordance with 49 USC 5325(a), the Grantee agrees to require each third party whose contract award is not based on competitive bidding procedures as defined by the Secretary of U.S. DOT, to permit the Secretary, Comptroller General of the U.S., IDOT, the RTA, or their duly authorized representatives, to inspect all work, materials, payrolls, and other data and records involving that third party contract and audit the books, records, and accounts involved. ARTICLE X: RIGHT OF THE RT A TO TERMINATE 10.1 Upon written notice to the Recipient, the RTA may suspend or terminate all or part of the financial and/or technical assistance provided herein if the Recipient is or has been in violation of the terms of the Agreement, or if funding provided to the R T A pursuant to paragraph 7.1 is terminated. Termination of any Project in this Agreement will not invalidate obligations of the RTA to reimburse the Recipient for Project costs incurred up to and including the date of termination, nor invalidate obligations of the Recipient, properly incurred by the Recipient, to the extent they are noncancellable. The acceptance of a remittance by the RTA of any or all Project funds previously received by the Recipient or the closing out of the RT A financial participation in the Project shall not constitute a waiver of any claim which the RTA may otherwise have arising out of this Agreement. For example, the foregoing remedies shall become available to the RTA if one of the following occurs: (a) There is any misrepresentation of a material nature in the Recipient's application, or amendment thereof, or in respect to this Agreement or any document or data furnished pursuant hereto, or any other submission of the Recipient required by the RTA in connection with this Agreement; (b) There is pending litigation which, in the opinion of the RTA, may jeopardize funding provided to the R T A pursuant to paragraph 7.1 of this Agreement; (c) There has been in connection with the funding provided to the R T A pursuant to paragraph 7.1, any violation of the state or federal regulations, ordinances or statutes applicable to the Recipient, its officers or employees which, in the opinion of the RTA, affects this Agreement; (d) Any funds provided by the R T A pursuant to this Agreement are used for an ineligible purpose; ( e) The Recipient is unable to substantiate the proper use of funding provided to the R T A pursuant to paragraph 7.1; (f) The Recipient is in default under any of the provisions of this Agreement; (g) There is failure to make progress which significantly endangers substantial completion of performance of the Project within a reasonable time. Such failure shall be deemed to be a violation of the terms of this Agreement; 8 (h) The Recipient has failed to maintain the Project Facilities as required by this Agreement; (i) The RTA determines that the purposes of the applicable governing laws would not be adequately served by continuation of state or federal assistance to the Project; G) The State Legislature fails to make sufficient appropriations for funding pertinent to that provided to the R T A pursuant to paragraph 7.1. ARTICLE XI: SETTLEMENT AND CLOSE-OUT 11.1 Upon receipt of notice of successful completion of the Agreement or upon termination by the R T A, the R T A at its discretion will perform or contract for the performance of a final audit to determine the final allowability of costs incurred, and shall make final settlement of the RTA's obligations described in this Agreement. If the RTA has made payments to the Recipient in excess of the total amount of such RTA obligations, the Recipient shall promptly remit such excess to the RTA. The Agreement close-out occurs when the RTA notifies the Recipient and forwards the final Agreement payment or when an appropriate refund of R T A Agreement funds has been received from the Recipient and acknowledged by the RTA. Agreement close-out shall be subject to any continuing obligations imposed on the Recipient by this Agreement or contained in the final notification or acknowledgment from the R T A. ARTICLE XII: PROCUREMENT 12.1 Procurement Procedures. (a) The Recipient shall follow applicable federal, state, and local law and procedures when awarding and administering contracts for goods and services funded by this Agreement. Any such contract or subcontract for goods, property and services exceeding $10,000 shall contain all the clauses pursuant to FTA Circular 4220.1E and 49 CFR 18.36, 19.40-19.48, and the parties shall comply with the requirements therein. (b) Apart from inconsistent requirements imposed by federal and state law, the Recipient (and its subcontractors) agrees that no federal or state funds shall be used to support procurement utilizing exclusionary or discriminatory specifications and it will comply with 49 USC 5323(h)(2). (c) The Recipient agrees to comply with U.S. Maritime Administration Regulations, "Cargo Preference - U.S, Flag Vessels," 46 CFR 381, to the extent those regulations apply to the Project, and insert the substance of the provisions of this clause in all subcontracts issued pursuant to this Agreement. (d) To the extent applicable, the Recipient agrees to comply with the requirements of 49 USC 5323 (c) and FTA regulations, "Bus Testing", 49 CFR 665, and agrees to provide the RTA with applicable certifications and obtain applicable certifications from contractors, subcontractors and manufacturers. 9 (e) Each third party contract (valued at more than $100,000 for Construction and Acquisition of Goods or Rolling Stock) utilizing FT A assistance must conform with 49 USC 53230), and FTA regulations, "Buy America Requirements," 49 CFR 661. (t) The Recipient agrees to refrain from using state or local geographic preferences, except those expressly mandated or encouraged by federal statute, and as permitted by IDOT and FTA. (g) The Recipient agrees to comply with the requirements of Executive Order No. 12549 and 12689 "Debarment and Suspension," 31 USC 6101 note, and U.S. Department of Transportation (DOT) regulations on Debarment, 49 CFR 29, and agrees to obtain applicable certifications from contractors and subcontractors and otherwise comply with federal and state regulations. (h) The Recipient certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or local government, nor has the Recipient made an admission of guilt of such conduct which is a matter of record, nor has an official, agent or employee of the Recipient committed bribery or attempted bribery on behalf of the Recipient and pursuant to the direction or authorization of a responsible official of the Recipient. The Recipient further certifies that it has not been barred from contracting with a unit of the State or local government as a result of a violation of Section 33E-3 or 33E-4 ofthe Criminal Code. (i) Electronic and Information Technology - to the extent applicable, Recipient agrees to include in its specification requirements that all reports or information will be prepared and provided using electronic or information technology capable of assuring that, when provided to the R T A, it will meet with the applicable accessibility standards of Section 508 of the Rehabilitation Act of 1973, as amended, 29 USC Section 794(d) and U.S. Architecture and Transportation Barriers Compliance Board (ATBCB) regulations "Electronic and Information Technology Accessibility Standards," 36 CFR 1194. 12.2 Procurement Review. The Recipient must obtain pre award approval from the R T A for: (1) any proposed third party contract; (2) any change order with a third party contractor; and (3) any use of force account for activities funded by this Agreement. ARTICLE XIII: SETTLEMENT OF THIRD PARTY CONTRACT DISPUTES OR BREACHES 13.1 The R T A has a vested interest in the settlement of disputes, defaults, or breaches involving any RTA-assisted third party contracts for any Project. The RIA retains a right to a proportional share, based on the percentage of the R T A share committed to any Project, of any proceeds derived from any third party recovery, after taking into account any costs incurred by the Recipient in securing the recovery. Therefore, the Recipient shall avail itself of all legal rights available under any third party contract. The Recipient shall notify the RT A of any litigation pertaining to any third party contract. The R T A reserves the right to concur in any compromise or settlement of the Recipient's claim(s) involving any third party contract. If the third party contract 10 contains a liquidated damages prOVISIon, such proportional share of any liquidated damages recovered shall be credited to the Project account unless the RTA permits otherwise. ARTICLE XIV: ASSIGNMENT OF CONTRACT -- SUBCONTRACTORS 14.1 The Recipient agrees that no contract for services of any kind in connection with a Project funded by this Agreement shall be assigned, transferred, conveyed, sublet, or otherwise disposed of without the prior written consent of the R T A. All subcontracts shall contain all applicable contract clauses pursuant to federal and state requirements, and as required by this Agreement. ARTICLE XV: INDEMNIFICATION 15.1 The Recipient agrees to save or hold harmless and indemnify the RTA from and against any and all losses, expenses, damages (including loss of use), demands, and claims, and shall defend any suit or action, whether at law or in equity, brought against it based on any alleged injury (including death) or damage relating to or arising out of any act or omission of the Recipient, its officers, employees and agents with respect to any Project funded by this Agreement and shall pay all damages, judgments, costs, and expenses, including attorney's fees, in connection with any demands and claims resulting therefrom; provided, however, that the Recipient shall not be required to save harmless, indemnify, or defend the R T A due to the negligence or misconduct of the R T A or its successors, assigns, agents, or employees or their respective failure to reasonably perform under this Agreement. ARTICLE XVI: INDEPENDENCE OF RECIPIENT 16.1 In no event shall the Recipient or any of its employees, agents, contractors or subcontractors be considered agents or employees of the RTA, IDOT, FTA, u.s. Department of Transportation, or State of Illinois. Furthermore, the Recipient agrees that none of its employees, agents, contractors, or subcontractors will hold themselves out as, or claim to be, agents, officers, or employees of the RTA, U.S. Government, or State of Illinois and will not by reason of any relationship with the Agreement make any claim, demand, or application to or for any right or privilege applicable to an agent, officer, or employees of the RTA, U.S. Government, or State of Illinois, including but not limited to, rights and privileges concerning workmen's compensation and occupational diseases coverage, unemployment compensation benefits, Social Security coverage, or retirement membership or credit. ARTICLE XVII: NON-COLLUSION 17.1 The Recipient warrants that it has not paid and agrees not to pay any bonus, commission, fee, or gratuity for the purpose of obtaining any approval of its Application for any Project pursuant to this Agreement. No Recipient officer or employee, or member of any unit of local government which contributes funds to any Project funded by this Agreement shall be admitted to any share or part of this Agreement or to any benefit arising therefrom other than nominal. 11 ARTICLE XVIII: CONFLICTS OF INTEREST 18.1 The Recipient shall provide that, to its knowledge, no employee, officer, board member, or agent of the recipient may participate in the selection, award, or administration ofa contract supported by federal or state funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the following parties has a financial or other interest in the firm selected for award: . The employee, officer, board member, or agent; . Any member of his or her immediate family; . His or her partner; or . An organization that employs, or is about to employ, any of the above. The conflict of interest requirement for former employees, officers, board members, and agents shall apply for one year from the date the employee, officer, board member, or agent ended its employment with the Recipient. The Recipient's employees, officers, board members, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. The RTA may waive the prohibition contained in this subsection; provided that any such present employee, officer, board member, or agent shall not participate in any action by the Recipient relating to such contract, subcontract, or arrangement. 18.2 The Recipient will also prevent any real and apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subcontract may, without some restriction on future activities, result in an unfair competitive advantage to the third party contractor or recipient or impair the objectivity in performing the contract work. ARTICLE XIX: RECIPIENT'S RESPONSIBILITY FOR COMPLIANCE 19.1 Irrespective of the participation of other parties or third party contractors, the Recipient remains primarily responsible for compliance with all applicable federal, state, and local laws and regulations. ARTICLE XX: LABOR LAW COMPLIANCE 20.1 The Recipient agrees to comply with the labor law compliance provisions of any FTA grant contract pertaining to any Project funded by this Agreement and all applicable federal and state labor laws and regulations including, but not limited to, such laws and regulations relating to minimum wages to be paid to employees, limitations upon the employment of minors, minimum fair wage standards for minors, payment of wages due employees, and health and safety of employees. (a) Contract Work Hours and Safety Standards. The requirements of the clauses contained in 29 CFR 5.5(b) are applicable to any contract subject to the overtime provisions of the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1. The Recipient and its subcontractors shall maintain payrolls and basic payroll records during 12 the course of the work and shall preserve them for a period of three years from the completion of the contracts for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this clause shall be made available by the Recipient or its subcontractors for inspection, copying,. or transcription by authorized representatives of the FTA, U.S. Department of Transportation, or Department of Labor, and the Recipient or its subcontractors will permit such representatives to interview employees during working hours on the job. (b) The Recipient or contractor shall insert in any subcontract the clauses set forth in 29 CFR 5.5(b), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b) involving overtime pay, unpaid wages and withholding for unpaid wages. 20.2 The Recipient also agrees to require any contractor performing professional or consulting service in connection with any Project funded by this Agreement to agree to adhere to the requirements of this Article. ARTICLE XXI: CIVIL RIGHTS 21.1 Non Discrimination. The Recipient shall comply with and shall require its contractors and subcontractors to comply with all federal, state, and local laws, rules, regulations and ordinances relating to non- discrimination including, but not limited to, all requirements of Title VI of the Civil Rights Act of 1964, 42 USC 2000d; Section 303 of the Age Discrimination Act of 1975, as amended, 42 USC 6101, Section 202 of the Americans with Disabilities Act of 1990,42 USC 12101 et seq., Federal Transit Law at 49 USC 5332, and US DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act," 49 CFR 21, and any implementing requirements the FT A may issue. 21.2 Equal Employment Opportunity Clauses. (a) Federal Equal Employment Opportunity - The following requirements apply to the Project and the Recipient agrees to include these requirements in each contract and subcontract financed in whole or in part with federal assistance provided by FT A. (1) Discrimination Prohibited - In accordance with 42 USC 2000(e), 49 USC 5332, the Recipient agrees to comply with any applicable Federal statutes, executive orders, regulations, and Federal policies including the U.S. Department of Labor regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR 60 et seq., (which implement E.O. No. 11246, "Equal Employment Opportunity," as amended by E.O. No. 11375, "Amending E.O. No. 11246 relating to Equal Employment Opportunity,") that may in the future affect construction activities undertaken in the course of this Project. The Recipient agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to race, color, creed, sex, age or 13 national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation; and selection for training, including apprenticeship. Ih addition, the Recipient agrees to comply with any implementing requirements FT A may issue. (2) EEO Program Incorporated by Reference - If the Recipient is required to submit and obtain approval of its EEO program, that EEO program approved by the United States or State of Illinois government is incorporated by reference and made a part of this Agreement. Failure by the Recipient to carry out the terms of that EEO program shall be treated as a violation of this Agreement. Upon notification of its failure to carry out the approved EEO program, the RT A and the United States or State of Illinois government may impose such remedies as it considers appropriate, including termination of financial assistance, or other measures that may affect the Recipient's eligibility to obtain future financial assistance in transportation projects. (3) Age - In accordance with 49 USC 5332, the Recipient agrees to refrain from discrimination against present and prospective employees for reasons of age. In addition, the Recipient agrees to comply with any implementing requirements FT A may issue. (4) Disabilities - In accordance with 42 USC 12101, the Grantee agrees that it will comply with the requirements of 29 CFR 1630, pertaining to the employment of persons with disabilities. In addition, the Recipient agrees to comply with any implementing requirements FT A may Issue. (5) Sex - In accordance with Title IX of The Educational Amendments of 1972, as amended, 20 USC 1681 et seq., and U.S. Department of Transportation regulations 49 CFR 25, the Recipient agrees to comply with prohibitions against discrimination on the basis of sex, and any federal requirements that may be promulgated. (6) Language Proficiency - In accordance with Executive Order No. 13166, the Grantee agrees to comply with the applicable provisions of said Executive Order, "Improving Access to Services for Persons with Limited English Proficiency," for improving access to services for persons with limited English proficiency, see 42 USC 200d-1 and 55 CFR 6733. (7) Environmental Justice - The Recipient shall comply with the applicable policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," 42 USC 4321 note. (b) Sexual Harassment - The Recipient will have written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment, under state law; (iii) a description of sexual harassment, utilizing examples; (iv) the Recipient's internal complaint process including penalties; (v) the legal recourse, investigative, and complaint process available through the Department of Human Resources and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy shall be provided to the RTA upon request. (c) Illinois Human Rights Act - In the event of the Recipient's non-compliance with the provisions of the Illinois Equal Employment Opportunity Clause, the Illinois Human Rights Act or 14 the rules and regulations (the "Rules and Regulations") of the Illinois Department of Human Rights (the "IDHR"), the Recipient may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and this Agreement may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this Agreement the Recipient agrees as follows: (1) That it will not discriminate against any employee or applicant for emplOYment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from 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 Agreement or any portion thereof, it will determine the availability (in accordance with the IDHR Rules and Regulations) 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 all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from 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 advising such labor organization or representative of the Recipient's obligations under the Illinois Human Rights Act and the IDHR Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Recipient in its efforts to comply with such Act and Rules and Regulations, the Recipient will promptly so notify the IDHR and the contracting agency and will recruit employees for other sources when necessary to fulfill its obligations thereunder. (5) That it will submit reports as required by the IDHR Rules and Regulations, furnish all relevant information as may from time to time be requested by the IDHR or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the IDHR Rules and Regulations. (6) That it will permit access to all relevant books, records, accounts and work sites by personnel for the contracting agency and the IDHR for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the IDHR Rules and Regulations. (7) That it will include verbatim or by reference the provisions of this section in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this Agreement, the Contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the IDHR in the event any subcontractor fails to or refuses to comply 15 therewith. In addition, the Contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. 21.3 Disabilities. The Recipient shall comply with all applicable federal and state requirements under the ADA and all applicable federal and state laws and regulations relating to procurement and access requirements in accommodating individuals with disabilities. The Recipient shall comply with, and agrees to include the following requirements in each contract or subcontract, applicable state and federal requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC 12101, et seq.; 49 USC 5301(d); Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC 794; Section 16 of the Federal Transit Act, as amended, 49 USC App. Section 1612; Architectural Barriers Act, as amended, 42 USC Section 4151, et. seq.; including any amendments to the aforementioned Acts; and the following regulations and amendments thereto: (a) DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR 37; "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR 27; "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR 1192 and 49 CFR 38; (b) Department of Justice (DOl) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR35; and "Nondiscrimination on the Basis of a Disability by Public Accommodations and in Commercial Facilities," 28 CFR 36; (c) General Services Administration regulations, "Accommodations for the Physically Handicapped," 41 CFR 101-19; (d) U.S. EEOC regulations to implement the equal employment provisions of the ADA, 29 CFR 1630; (e) Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 CFR 64, Subpart F; (f) FT A regulations, "Transportation for Elderly and Handicapped Persons," 49 CFR 609; (g) U.S. ATBCB regulations "Electronic and Information Technology Accessibility Standards", 36 CFR 1194; and (h) Any implementing requirements FT A may issue. 21.4 Disadvantaged Business Enterprises. (a) In accordance with 49 CFR Part 26.13(a), as amended, the Recipient assures the RT A that it shall not discriminate on the basis of race, color, national origin or sex in the performance of this Agreement or the award and performance of any subcontract hereunder. 16 Furthermore, the Recipient shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Recipient to carry out these requirements is a material breach of this Agreement, which may result in its termination or such other remedy as the RTA deems appropriate. The Recipient further agrees to include the language set forth in this Disadvantaged Business Enterprise Assurance in each subcontract it executes. ARTICLE XXII: ENVIRONMENTAL COMPLIANCE The Recipient recognizes that many federal and state statutes imposing environmental, resource conservation, and energy requirements may apply to the Project. The Recipient expressly understands that the following items do not constitute the Recipient's entire obligation to meet federal requirements. The Recipient agrees to comply with the following requests: 22.1 Energy Conservation - The Recipient and its contractors at all tiers shall comply with applicable mandatory standards and policies relating to energy efficiency that are contained in applicable state energy conservation plans issued in compliance with the Energy Policy' and Conservation Act, 42 USC 6321 et seq. 22.2 Clean Fuels - To the extent applicable the Recipient and its contractors and subcontractors shall comply with the requirements of "Clean Fuels Formula Grant Program", 49 CFR 624 and any other applicable federal requirements, and 49 USC 5308. ARTICLE XXIII: DRUG FREE WORKPLACE 23.1 The Recipient certifies and agrees that it will provide a drug-free workplace as required by the Drug Free Workplace Act (30 ILCS 580/1 et seq.) and that it will comply with all provisions thereof. Further, the Recipient agrees to comply with the Illinois (30 ILCS 590/1 et seq.) and U.S. DOT Drug Free Workplace Acts, and U.S. DOT regulations, "Drug Free Workplace Requirements (Grants)," 49 CFR Part 29, Subpart F, and other U.S. DOT and FTA regulations and guidance pertaining to substance abuse (drugs and alcohol) that may be promulgated. 23.2 If applicable, the Recipient also agrees to comply with all aspects of the anti-drug program outlined in the "Control of Drug Use in Mass Transportation Operations" regulation, 49 CFR 653; the "Preventing of Alcohol Misuses in Transit Operators" regulation, 49 CFR 654; the "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations" regulation, 49 CFR 655; "Procedures for Transportation in Workplace Drug and Alcohol Testing Program, as revised December 19, 2000" regulation, 49 CFR 654, and to require contractors and subcontractors, when applicable under 49 U.S.C. 5331 and 49 CFR 653-5, to do the same. 23.3 Confidentiality - Drugs or Alcohol Abuse. The Recipient shall comply with, and agrees to include the following requirements in each contract or subcontract, applicable state and federal requirements of confidentiality and other Civil Rights provisions of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 USC 1174 et seq., the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, as amended, 42 USC 4581 et seq., and the Public Health Service Act of 1912, 42 USC Sections 290 dd-3 and 290 ee-3, including any amendments to the aforementioned Acts; 17 ARTICLE XXIV: RESTRICTIONS ON LOBBYING 24.1 (a) If this Agreement provides funding in whole or in part from federal funds for a Project(s), the Recipient agrees to comply with Section 319 of the 1990 Department of Interior and Related Agencies Appropriations Act, Pub. L. 101-121 relating to restrictions on influencing or attempting to influence federal officials in connection with grants, cooperative agreements, or contracts. By executing this Agreement, the Recipient certifies its compliance with this Act as specifically described in subparagraphs (b) and (c) below. (b) The Recipient agrees that 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 an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (c) The Recipient further agrees that 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 Federal Standard Form-LLL; "Disclosure Form to Report Lobbying," in accordance with its instructions. (d) The Recipient shall require that the language of this Article XXIV be included in the award documents for all third party contracts and that all such contractors shall certify and disclose accordingly. ARTICLE XXV: SEVERABILITY 25.1 If any provision of this Agreement is held invalid for any reason whatsoever, the remaining provisions shall not be affected thereby if such remainder would continue to conform to the purposes, terms, and requirements of applicable law. ARTICLE XXVI: ASSIGNMENT AND AGREEMENT 26.1 This Agreement shall not be assigned, transferred, conveyed, sublet, or otherwise disposed of by the Recipient without the prior written consent of the RTA. ARTICLE XXVII: AMENDMENT 27.1 The Parties agree that no change of total Agreement amount or modification in scope of this Agreement shall be of any force or effect unless such amendment is dated, reduced to writing, executed by both parties, and attached to and made a part of this Agreement. No work shall be commenced and no costs or obligations incurred in consequence of any amendment to this Agreement or any attachments hereto unless and until such amendment has been executed and made a part of this Agreement and Exhibit A, Scope of Services, and Exhibit B, Project Budget, for each Project as appropriate, has been amended to conform thereto. 18 ARTICLE XXVIII: TITLES 28.1 The Parties agree that the titles of the articles and paragraphs of this Agreement are inserted for convenience of identification only and shall not be considered for any other purpose. ARTICLE XXIX: OWNERSHIP OF DOCUMENTSffITLE TO WORK 29.1 All documents, data, and records produced by Recipient and its contractors in carrying out Recipient's obligations and services hereunder, without limitation and whether preliminary or final, as between the R T A and Recipient shall become and remain the property of the RTA. The RTA shall have the right to use all such documents, data, and records without restriction or limitation and without additional compensation to Recipient. All documents, data, and records utilized in performing research shall.be available for examination by the RTA upon request. Upon completion of the services hereunder or at the termination of this Agreement, all such documents, data, and records shall, at the option of the RTA, be appropriately arranged, indexed, and delivered to the R T A by Recipient. 29.2 In accordance with 37 CFR Part 401, if any invention, improvement, or discovery of the Recipient or any of its subconsultants is conceived or first actually reduced to practice in the course of or under this Project, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Recipient agrees to notify the R T A, IDOT and FT A immediately and provide a detailed report. The rights and responsibilities of the Recipient, its subcontractors, the RTA, IDOT, and FTA, with respect to such invention, improvement, or discovery will be determined in accordance with applicable state and federal laws, regulations, policies, and any waiver thereof. The Recipient agrees to insert the substance of the provisions of this clause in all subcontracts issued pursuant to this Agreement. 29.3 Rights in Data and Copyrights: The Recipient agrees as follows: (a) The term "subject data" used in this section means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineation in media, such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms, such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to project administration. (b) The following provisions apply to all subject data first produced III the performance of this Agreement: (1) Except for its own internal use, the Recipient may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Recipient authorize others to do so, without the written consent of RTA, IDOT, or FTA, until such time as RTA, IDOT, or FTA, may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to agreements with academic institutions. 19 (2) As authorized by 49 CFR Part 18.34 and 49 CFR Part 19.36, RTA, IDOT and FTA reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "federal and state government purposes:" (i) Any subject data developed under a grant, cooperative agreement, sub grant, subagreement, or third party contract, irrespective of whether or not a copyright has been obtained; and (ii) Any rights of copyright to which a third party consultant purchases ownership with federal or state assistance. (c) When the federal or state government provides assistance to a grantee for a Project involving planning, research, development, or a demonstration, it is generally FT A and IDOT's intent to increase the body of mass transportation knowledge, rather than to limit the benefits of the Project to those parties that have participated therein. Therefore, unless FT A or IDOT determine otherwise, the recipient of IDOT or FT A assistance to support planning, research, development, or a demonstration financed under the Acts, as amended, understands and agrees that,_ in addition to the rights set forth in section 29.3 (b) above, IDOT or FTA may make available to any government grantee, third party consultant, or third party sub consultant, either the federal or state government's license in the copyright to the subject data first produced under this Agreement. In the event that such a Project, which is the subject of this Agreement, is not completed for any reason whatsoever, all data developed under that Project shall become subject data as defined in section 29.3 (a) above, and shall be delivered as RTA may direct. This subsection, however, does not apply to adaptations of automatic data processing equipment or programs for the Recipient's use, which costs are financed in whole or in part with IDOT or FT A assistance for transportation capital projects. (d) Unless prohibited by state law, the Recipient agrees to indemnify, save, and hold harmless the R T A, the State of Illinois and FT A, as their officers, agents, and employees acting within the scope of their official duties, against any liability, including costs and expenses, resulting from any violation by the Recipient of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this Agreement. The Recipient shall not be required to indemnify the R T A, the State of Illinois and FT A for any such liability arising out of the wrongful acts of employees or agents of the RTA, the State of Illinois or FTA. (e) Nothing contained in this section on rights in data shall imply a license to the R T A, IDOT or FT A under any patent to be construed as affecting the scope of any license or other right otherwise granted to the R T A, IDOT and FT A under any patent. (1) The requirements of sub-sections (c), (d), and (e) of section 29.3 above, do not apply to material furnished to the Recipient by the RT A, IDOT and FT A and incorporated in the work carried out under this Agreement; provided that such incorporated material is identified by the Recipient at time of delivery of such work. 20 (g) The Recipient understands and agrees that data and information submitted to the R T A, IDOT or FT A may be required to be made available under the Freedom of Information Act or other state or federal statutes in accordance with 49 CFR 19.36, as revised. ARTICLE XXX: ETHICS 30.1 Bribery - Non-governmental Grantees and third-party contractors shall certify that they have not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or local government. They also certify that they have not admitted guilt of such conduct which is a matter of record, nor do they have an official, agent, or employee who has committed bribery or attempted bribery on the firm's behalf under the direction or authorization of one of the Grantee's responsible officials. They also certify that they have not been barred from contracting with a State or local governmental unit as a result of a violation of Section 33E-3 or 33E-4 of the Illinois Criminal Code. ARTICLE XXXI: PRIVACY 31.1 Should the Grantee, or any of its third party contractors, or their employees, administer any system of records on behalf of the Federal or State Government, the Privacy Act of 1974, 5 D.S.C. Section 552a and 49 CFR Part 29 Subpart F, imposes information restrictions on the party managing the system of records. ARTICLE XXXII: DOCUMENTS FORMING THIS AGREEMENT 32.1 The Parties agree that this constitutes the entire Agreement between the Parties hereto, that there are no agreements or understandings, implied or expressed, except as specifically set forth or incorporated by reference in the Agreement and that all prior arrangements and understandings in the connection are merged into and contained in this Agreement. The Parties hereto further agree that this Agreement consists of this "Technical Services Agreement," and: . Exhibit A, Scope of Services . Exhibit B, Project Budget . Exhibit C, Certifications and Assurances ARTICLE XXXIII: SPECIAL CONDITIONS 33.1 None 21 ~~~ ~ 1\t~/& IN WI1NESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. RECIPIENT: VILLAGE OF MOUNT PROSPECT Attest: SEALED By: IRV ANA K. WILKS Date: Title: MAYOR REGIONAL TRANSPORT A TION AUTHORITY: Attest: SEALED By: STEPHEN E. SCHLICKMAN + \ 10,10"'1 Date: Title: EXECUTIVE DIRECTOR 22 Exhibit A Scope of Services VilIaee of Mount Prospect Public Transportation Study Project Description: The project is a Public Transportation System Plan evaluating the current level of service, usage, and access to Pace, Metra, and bicycle routes for the Village of Mount Prospect residents and businesses. The Plan will provide recommendations for improvements to the public transportation system serving the Village, which currently includes two Metra commuter rail lines, with one station located in the Village and one station adjacent to the Village; nine public bus routes; and a bicycle network. As part of this project, a Sub-Area Plan will also be conducted - an inter-modal transportation station area plan which will evaluate the placement of a station on the proposed Metra STAR Line route and its impacts on the Village as a whole. The plan should provide recommendations for adding transit-supportive development within close proximity of the station and linkages to other modes of transportation to the station site. Project Location: The Public Transportation Improvement portion of the study will cover the entire Village of Mount Prospect, which covers an area of approximately ten square miles located 22 miles northwest of downtown Chicago. It is bordered on the north by the City of Prospect Heights, on the east by the Cook County Forest Preserve and the Village of Des Plaines, on the south by the Village of Des Plaines and Elk Grove Village, and on the west by the Village of Arlington Heights. The proposed STAR Line station is planned at a site on Busse Road, immediately north of the Northwest Tollway (Interstate 90). The line itself will be located along the Tollway right-of-way. The Sub-Area Plan will cover an approximate 'h mile radius of the station site. Page 1 EXHIBIT B PROJECT BUDGET For Village of Mount Prospect Public Transportation Study Applicant IVillage of Mount Prospect RTAP Project Number I RTAP2007-510-429-280 I Project Budget I $124,794.47 I Bude;et Number I Date I o Project Budget Inkind Estimated Project Funds Cash Share RTA $99,835.58 $0.00 $99,835.58 80.00% Local $24,958.89 $0.00 $24,958.89 20.00% Other $0.00 $0.00 $0.00 0.00% Total: $124,794.47 $0.00 $124,794.47 100.00% Thursday, January 03, 2008 Page 1 of 1 EXHIBIT C CERTIFICATIONS AND ASSURANCES In accordance with 49 U.S.C. 5323(n), the following certifications and assurances have been complied to cover all grants and agreements that include Federal Transit Administration ("FT A"), Illinois Department of Transportation ("IDOT") and/or Regional Transportation Authority ("RTA") assistance programs. Twenty-Five (25) Categories of certifications and assurances are listed below by roman numerals I through XXV. Category I applies to all Grantees. Category II applies to all applications exceeding $100,000. Categories III through XXV will apply to and be required for some, but not all, Grantees and projects and will be indicated with an "X" as needed. The R T A and the Grantee understand and agree that not every provision of these certifications and assurances will apply to every Grantee or every project for which the RTA provides federal financial assistance through an agreement. The type of project and the section of the statute authorizing federal financial assistance for the project will determine which provisions apply. The terms of these certifications and assurances reflect applicable requirements of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L. 109 -59, Aug. 10,2005. The Grantee also understands and agrees that these certifications and assurances are special pre-award requirements specifically prescribed by federal law or regulation and do not encompass all statutory and regulatory requirements that may apply to the Grantee or its project. A comprehensive list of those Federal laws, regulations, and directives is contained in the current FTA Master Agreement MA(13) for Federal Fiscal Year 2007 (the "Master Agreement") at the FTA website http://fta.dot.gov/documents/13-Master.doc. The certifications and assurances in this document have been streamlined to remove most provisions not covered by statutory or regulatory certification or assurance requirements. Because the number of provisions that could flow down to subrecipients are so extensive, the FT A has removed the partial list of provisions pertaining to subrecipients formerly included within certifications and assurances for various specific programs to preclude a misunderstanding that those provisions listed fully encompass all federal provisions that may be imposed on a subrecipient. As a result, the FTA and the RTA strongly recommends that each Grantee, that will be implementing projects through one or more subrecipients, secure sufficient documentation from each subrecipient to assure compliance, not only with these certifications and assurances, but also with the terms of the Agreement for the project, and the Master Agreement incorporated therein by reference. Each Grantee is ultimately responsible for compliance with the provisions of these certifications and assurances irrespective of participationgin the project by any subrecipient. M:\databases\ctap\FT A_lOOT Certifications 3 142007.DOC 1 The Grantee agrees to comply with the applicable provisions of the following categories that have been selected by the RTA: I. Required of Each Grantee X II. Lobbying X III. Procurement Compliance X IV. Providers of Public Transportation V. Public Hearing VI. Acquisition of Rolling Stock VII. Acquisition of Capital Assets by Lease VIII. Bus Testing IX. Charter Service Agreement X. School Transportation Agreement XI. Demand Responsive Service XII. Alcohol Misuse and Prohibited Drug Use XIII. Interest and Other Financing Costs XIV. Intelligent Transportation Systems XV. Urbanized Area Formula Program XVI. Clean Fuels Grant Program XVII. Elderly Individuals and Individuals with Disabilities Formula & Pilot Programs XVIII. Nonurbanized Area Formula Program XIX. Job Access and Reverse Commute Formula Grant Program XX. New Freedom Program XXI. Alternative Transportation in Parks and Public Lands XXII. Infrastructure Finance Projects XXIII. Deposits of Federal Financial Assistance to State Infrastructure Banks XIV. Additional FT A Certifications & Assurances XV. lOOT Certifications and Assurances The following signature pages (Grantee and Grantee's attorney) must be appropriately completed and signed where indicated by both Grantee and Grantee's attorney. M:\databases\ctap\FT A _lOOT Certifications 3 14 2007.DOC 2 CERTIFICATIONS AND ASSURANCES Name of Grantee: VillaJ!e of Mount Prosoect Name of Authorized Representative: Irvana K. Wilks Relationship of Authorized Representative: Mavor BY SIGNING BELOW, on behalf of the Grantee, I declare that the Grantee has duly authorized me to make these certifications and assurances and bind the Grantee's compliance. Thus, the Grantee agrees to comply with all local, state and federal statutes, regulations, executive orders, and requirements applicable to this grant or contract and projects funded by this grant or contract. The RTA intends that the certifications and assurances selected on the preceding page of these certification and assurances should apply, as provided, to each project for which the Grantee seeks now, or may later seek, RTA assistance during this fiscal year. The Grantee affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FT A, IDOT or R T A, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 may apply to any certification, assurance or submission made to R T A. The criminal fraud provisions of 18 U.S.C. 1001 may apply to any certification, assurance, or submission made in connection with any program administered by the FTA, IDOT or RTA. In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Grantee are true and correct. ~'f)\S ~~~~ Signature Date Name Irvana K. Wilks Authorized Representative of Grantee M:\databases\ctap\FT A_lOOT Certifications 3 142007.DOC 3 AFFIRMATION OF GRANTEE'S ATTORNEY Name of Grantee: Village of Mount Prosoect As the undersigned Attorney for the above named Grantee, I hereby affirm to the Grantee that it has authority under state and local law to make and comply with these certifications and assurances as indicated on the first page of this certifications and assurances document. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Grantee. I further affirm to the Grantee that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statements, I will notify the Grantee, the R T A and, if applicable, IDOT and the FT A. Signature Date: Name Attorney for Grantee Each Grantee that requests federal financial assistance (except 49 V.S.C. 5312(b) assistance) and each Grantee with an active capital or formula project must provide an Affirmation of Grantee's Attorney pertaining to the Grantee's legal capacity. The Grantee may enter its signature in lieu of the Attorney's signature, provided the Grantee has on file this Affirmation, signed by the attorney and dated this federal fiscal year. M:\databases\ctap\FTA_IDOT Certifications 314 2007.DOC 4 CERTIFICATIONS AND ASSURANCES I. REQUIRED OF EACH GRANTEE The R T A may. not award any assistance or enter into any contract until the Grantee provides all certifications and assurances in this Category "I." A. Authority of Grantee and Its Representative The authorized representative of the Grantee and the Attorney who sign these certifications, assurances, and agreements affirm that both the Grantee and its authorized representative have adequate authority under applicable state and local law and the Grantee's by-laws or internal rules to: (1 ) Execute and file the grant agreement, cooperative agreement or contract with the RTA on behalf of the Grantee; and (2) Execute and file the required certifications, assurances and agreements on behalf of the Grantee binding the Grantee. B. Standard Assurances The Grantee assures that it will comply with all applicable local, state and federal statutes, regulations, executive orders, FT A circulars, and other federal requirements in carrying out any project supported by a grant agreement, cooperative agreement or contract awarded by the RTA. The Grantee agrees that it is under a continuing obligation to comply with the terms and conditions of the grant agreement, cooperative agreement or contract issued for its project with the FT A, IDOT or the R T A. The Grantee recognizes that local, state and federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The Grantee understands that Presidential executive orders and federal directives, including federal policies and program guidance may be issued concerning matters affecting the Grantee or its project. The Grantee agrees that the most recent local, state and federal requirements will apply to the project, unless FTA, IDOT or RTA issues a written determination otherwise. C. Intergovernmental Review Assurance To the extent applicable, the Grantee assures that each grant of federal assistance that it receives from the R T A or contract that it enters into with the R T A has been or will be submitted, as may be required by each state, for intergovernmental review to the appropriate state and local agencies. Specifically, the Grantee assures that it has fulfilled or will fulfill the obligations imposed on FTA by U.S. DOT regulations, "Intergovernmental Review of Department of Transportation Programs and Activities," 49 CFR part 17. M:\databases\ctap\FT A _ IDOT Certifications 3 14 2007.DOC 5 D. Nondiscrimination Assurance As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act," 49 CFR part 21 at 21.7, the Grantee assures that it will comply with all requirements imposed by or issued pursuant to 49 U.S.C. 5332,42 U.S.C. 2000d, and 49 CFR part 21, so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) funded by federal assistance and awarded by the RTA. Specifically, during the period in which federal assistance is extended to the project, or project property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits, or as long as the Grantee retains ownership or possession of the project property, whichever is longer, the Grantee assures that: (1) Each project will be conducted, property acquisitions will be undertaken, and project facilities will be operated in accordance with all applicable requirements imposed by or issued pursuant to of 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21, and the Grantee understands that this assurance extends to its entire facility and to facilities operated in connection with the project; (2) It will promptly take the necessary actions to effectuate this assurance, including notifying the public that complaints of discrimination in the provision of transportation-related services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or FTA, the Grantee assures that it will submit the required information pertaining to its compliance with these requirements; (3) It will include in each sub agreement, property transfer agreement, third party contract, third party subcontract, or participation agreement adequate provisions to extend the requirements imposed by or issued pursuant to of 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21 to other parties involved therein including any subrecipient, transferee, third party contractor, third party subcontractor at any level, successor in interest, or any other participant in the project; (4) Should it transfer real property, structures, or improvements financed with federal assistance awarded by the RTA to another party, any deeds and instruments recording the transfer of that property shall contain a covenant running with the land assuring nondiscrimination for the period during which the property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits; (5) The United States has a right to seek judicial enforcement with regard to any matter arising under the Act, regulations, and this assurance; and M:\databases\ctap\FT A_IDOT Certifications 3 14 2007.DOC 6 (6) It will make any changes in its 49 U.S.C. 5332 and Title VI implementing procedures as U.S. DOT or FTA may request to achieve compliance with the requirements imposed by or issued pursuant to 49 U.S.C. 5332,42 U.S.C. 2000d, and 49 CFR part 21. E. Assurance of Nondiscrimination on the Basis of Disability As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the Grantee assures that, as a condition to the approval or extension of any federal assistance awarded by the RTA to construct any facility, obtain any rolling stock or other equipment, undertake studies, conduct research, or to participate in or obtain any benefit from any program administered by FT A, IDOT or R T A, no otherwise qualified person with a disability shall be, solely by reason of that disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any program or activity receiving or benefiting from federal assistance administered by the FTA, IDOT or RTA or any entity within U.S. DOT. The Grantee assures that project implementation and operations so assisted will comply with all applicable requirements of U.S. DOT regulations implementing the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., and the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., and implementing U.S. DOT regulations at 49 CFR parts 27, 37, and 38, and any applicable regulations and directives issued by other Federal departments or agencies. F. us. Office of Management and Budget (OMB) Assurances Consistent with OMB assurances set forth in SF-424B and SF-424D, the Grantee assures that, with respect to itself or its project, the Grantee: (1) Has the legal authority to apply for and receive federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay the non- federal share of project cost) to ensure proper planning, management, and completion of the project described in the grant agreement, cooperative agreement or contract; (2) Will give FT A, the Comptroller General of the United States, and, if appropriate, the state and R T A, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives; (3) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain; (4) Will initiate and complete the work within the applicable project time periods following receipt ofRTA approval; (5) Will comply with all applicable Federal statutes relating to nondiscrimination including, but not limited to: M:\databases\ctap\FT A _IDOT Certifications 3 14 2007.DOC 7 (a) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 CFR part 25, which prohibit discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of disability; (d) The Age Discrimination Act of 1975, as amended, 42U.S.C. 6101 through 6107, which prohibits discrimination on the basis of age; (e) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101 et seq., relating to nondiscrimination on the basis of drug abuse; (f) The Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, as amended, 42 U.S.C. 4541 et seq. relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) The Public Health Service Act of 1912, as amended, 42 U.S.C. 201 et seq., relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., relating to nondiscrimination in the sale, rental, or financing of housing; (i) Any other nondiscrimination provisions in the specific statutes under which federal assistance for the project may be provided including, but not limited, to 49 U.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity, and section 1101(b) of the Transportation Equity Act for the 21st Century, 23 U.S.C. 101 note, which provides for participation of disadvantaged business enterprises in FT A programs; and G) Any other nondiscrimination statute(s) that may apply to the project; (6) To the extent applicable, will comply with, or has complied with, the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (Uniform Relocation Act) 42 U.S.C. 4601 et seq., which, among other things, provide for fair and equitable treatment of persons displaced or persons whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in any purchase. As required by sections 210 and 305 of the Uniform Relocation Act, 42 U.S.C. 4630 and 4655, and U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR 24.4, the Grantee assures that it has the requisite authority under applicable state and local law to M:\databases\ctap\FT A_lOOT Certifications 3 14 2007.DOC 8 comply with the requirements of the Vniform Relocation Act, 42 V.S.C. 4601 et seq., and V.S. DOT regulations, "Vniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR part 24, and will comply with that Act or has complied with that Act and those V.S. DOT implementing regulations, including but not limited to the following: (a) The Grantee will adequately inform each affected person of the benefits, policies, and procedures provided for in 49 CFR part 24; (b) The Grantee will provide fair and reasonable relocation payments and assistance as required by 42 V.S.C. 4622, 4623, and 4624; 49 CFR part 24; and any applicable FT A procedures, to or for families, individuals, partnerships, corporations, or associations displaced as a result of any project financed with FT A assistance; (c) The Grantee will provide relocation assistance programs offering the services described in 42 V.S.C. 4625 to such displaced families, individuals, partnerships, corporations, or associations in the manner provided in 49 CFR part 24 and FT A procedures; (d) Within a reasonable time before displacement, the Grantee will make available comparable replacement dwellings to displaced families and individuals as required by 42 V.S.C. 4625(c)(3); (e) The Grantee will carry out the relocation process in such manner as to provide displaced persons with uniform and consistent services, and will make available replacement housing in the same range of choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin; (f) In acquiring real property, the Grantee will be guided to the greatest extent practicable under state law, by the real property acquisition policies of 42 V.S.C. 4651 and 4652; (g) The Grantee will payor reimburse property owners for necessary expenses as specified in 42 V.S.C. 4653 and 4654, with the understanding that FTA will provide federal financial assistance for the Grantee's eligible costs of providing payments for those expenses, as required by 42 V.S.C. 4631; (h) The Grantee will execute such amendments to third party contracts and subagreements financed with FT A assistance and execute, furnish, and be bound by such additional documents as FT A may determine necessary to effectuate or implement the assurances provided herein; and (i) The Grantee agrees to make these assurances part of or incorporate them by reference into any third party contract or subagreement, or any amendments thereto, relating to any project financed by FTA involving relocation or land acquisition and provide in any affected document that these relocation and land acquisition provisions shall supersede any conflicting provisions; M:\databases\ctap\FTA_IDOT Certifications 3 142007.DOC 9 (7) To the extent applicable, will comply with the Davis-Bacon Act, as amended, 40 V.S.C. 3141 et seq., the Copeland "Anti-Kickback" Act, as amended, 18 V.S.C. 874, and the Contract Work Hours and Safety Standards Act, as amended, 40 V.S.C. 3701 et seq., and to the extent applicable, Fair Labor Standards Act, regarding labor standards for federally assisted subagreements; (8) To the extent applicable, will comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973, as amended, 42 V.S.C. 4012a(a), requiring the Grantee and its subrecipients in a special flood hazard area to participate in the program and purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (9) To the extent applicable, will comply with the Lead-Based Paint Poisoning Prevention Act, 42 V.S.C. 4831(b), which prohibits the use of lead-based paint in the construction or rehabilitation of residence structures; (10) To the extent applicable, will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities on which a construction project supported with FT A assistance takes place without permission and instructions from the awarding agency; (11) To the extent applicable, will record the federal interest in the title of real property in accordance with FT A directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the proj ect; (12) To the extent applicable, will comply with FTA requirements concerning the drafting, review, and approval of construction plans and specifications of any construction project supported with FTA assistance. As required by V.S. DOT regulations, "Seismic Safety," 49 CFR 41.117( d), before accepting delivery of any building financed with FT A assistance, it will obtain a certificate of compliance with the seismic design and construction requirements of 49 CFR part 41; (13) To the extent applicable, will provide and maintain competent and adequate engineering supervision at the construction site of any project supported with FT A assistance to ensure that the complete work conforms with the approved plans and specifications, and will furnish progress reports and such other information as may be required by FTA, lOOT, or RTA; (14) To the extent applicable, will comply with any applicable environmental standards that may be prescribed to implement the following federal laws and executive orders: (a) Institution of environmental quality control measures under the National Environmental Policy Act of 1969, as amended, 42 V.S.C. 4321 et seq. and Executive Order No. 11514, as amended, 42 V.S.C. 4321 note; M:\databases\ctap\FT A_lOOT Certifications 3 14 2007.DOC 10 (b) Notification of violating facilities pursuant to Executive Order No. 11738, 42 V.S.C. 7606 note; (c) Protection of wetlands pursuant to Executive Order No. 11990,42 V.S.C. 4321 note; (d) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988,42 V.S.C. 4321 note; (e) Assurance of project consistency with the approved State management program developed pursuant to the requirements of the Coastal Zone Management Act of 1972, as amended, 16 V.S.C. 1451 through 1465; (f) Conformity of Federal actions to State (Clean Air) Implementation Plans under section 176(c) of the Clean Air Act of 1955, as amended, 42 V.S.c. 7401 through 7671q; (g) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, 42 V.S.C. 300h through 300j-6; (h) Protection of endangered species under the Endangered Species Act of 1973, as amended, 16 V.S.C. 1531 through 1544; and (i) Environmental protections for federal transportation programs, including, but not limited to, protections for parks, recreation areas, or wildlife or waterfowl refuges of . national, state, Or local significance or any land from a historic site of national, state, or local significance to be used in a transportation project as required by 49 V.S.C. 303(b) and 303(c); G) Protection of the components of the national wild and scenic rivers systems, as required under the Wild and Scenic Rivers Act of 1968, as amended, 16 V.S.C. 1271 through 1287; and (k) Provision of assistance to FT A, IDOT and R T A in complying with section 106 of the National Historic Preservation Act of 1966, as amended, 16 V.S.C. 470f; with the Archaeological and Historic Preservation Act of 1974, as amended, 16 V.S.C. 469 through 496c; and with Executive Order No. 11593 (identification and protection of historic properties), 16 V.S.C. 470 note; (15) To the extent applicable, will comply with the requirements of the Hatch Act, 5 V.S.C. 1501 through 1508, and 7324 through 7326, which limit the political activities of state and local agencies and their officers and employees whose primary employment activities are financed in whole or part with Federal funds including a Federal loan, agreement or contract except, in accordance with 49 V.S.c. 5307(k)(2) and 23 V.S.C. 142(g), the Hatch Act does not apply to a nonsupervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FT A assistance to whom that Act does not otherwise apply; M:\databases\ctap\FTA_IDOT Certifications 314 2007.DOC 11 (16) To the extent applicable, will comply with the National Research Act, Pub. L. 93- 348, July 12, 1974, as amended, 42 U.S.C. 289 et seq., and U.S. DOT regulations, "Protection of Human Subjects," 49 CFR part 11, regarding the protection of human subjects involved in research, development, and related activities supported by federal assistance; (17) To the extent applicable, will comply with the Laboratory Animal Welfare Act of 1966, as amended, 7 U.S.C. 2131 et seq., and U.S. Department of Agriculture regulations, "Animal Welfare," 9 CFR subchapter A, parts 1, 2, 3, and 4, regarding the care, handling, and treatment of warm blooded animals held or used for research, teaching, or other activities supported by federal assistance; (18) Will have performed the financial and compliance audits as required by the Single Audit Act Amendments of 1996,31 U.S.C. 7501 et seq., OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations," Revised, and the most recent applicable OMB A-133 Compliance Supplement provisions for the Department of Transportation; and (19) To the extent applicable, will comply with all applicable provisions of all other federal laws, executive orders, regulations, and policies governing the Project, except to the extent that the FTA or RTA has expressly approved otherwise in writing. II. LOBBYING CERTIFICATION A Grantee that executes a grant agreement, cooperative agreement or contract where federal assistance exceeding $100,000 is awarded, must provide the following certification. A. As required by 31 U.S.C. 1352 and U.S. DOT regulations, "New Restrictions on Lobbying," at 49 CFR 20.110, the Grantee's authorized representative certifies to the best of his or her knowledge and belief that for each grant agreement, cooperative agreement or contract funded by federal assistance exceeding $100,000: (1) No federal appropriated funds have been or will be paid by or on behalf of the Grantee to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress regarding the award of federal assistance, or the extension, continuation, renewal, amendment, or modification of any federal assistance agreement; and (2) If any funds other than federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this grant agreement, cooperative agreement or contract, the Grantee assures that it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," including information required by the instructions accompanying the form, which form may be amended to omit such information as authorized by 31 U.S.c. 1352; and (3) The Grantee shall require that the language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, subagreements and contracts under grants, loans, and cooperative agreements). M:\databases\ctap\FT A_IDOT Certifications 3 14 2007.DOC 12 B. The Grantee understands that this certification is a material representation of fact upon which reliance is placed by the FT A, IDOT and R T A and that submission of this certification is a prerequisite for providing federal assistance for a transaction covered by 31 V.S.C. 1352. The Grantee also understands that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. III. PROCUREMENT COMPLIANCE In accordance with 49 CFR 18.36(g)(3)(ii), each Grantee that is a state, local, or Indian tribal government that is seeking federal assistance to acquire property or services in support of its project is requested to provide the following certification. The RTA also requests other Grantees to provide the following certification. A Grantee that requests R T A assistance to acquire property or services in support of its project that fails to provide this certification may be determined ineligible for award of local or federal assistance for the project, if the RTA determines that its procurement practices and procurement system are incapable of compliance with local, state and federal laws, regulations and directives governing procurements financed with RTA or FTA assistance. The Grantee certifies that its procurements and procurement system will comply with all applicable third party procurement provisions of federal laws, regulations, and directives, except to the extent the RTA has expressly approved otherwise in writing. IV. PRIVATE PROVIDERS OF PUBLIC TRANSPORTATION A Grantee that is a state or local government seeking federal assistance authorized by 49 V.S.C. chapter 53 to acquire the property or an interest in the property of a private provider of public transportation or to operate public transportation equipment or facilities in competition with, or in addition to, transportation service provided by an existing private provider of public transportation must provide the following certification. As required by 49 V.S.C. 5323(a)(l), the Grantee certifies that before it acquires the property or an interest in the property of a private provider of public transportation or operates public transportation equipment or facilities in competition with, or in addition to, transportation service provided by an existing public transportation company, it has or will have: A. Determined that the assistance is essential to carrying out a program of projects as required by 49 V.S.C. 5303, 5304, and 5306; B. Provided for the participation of private companies engaged in public transportation to the maximum extent feasible; and C. Paid just compensation under state or local law to the company for any franchise or property acquired. V. PUBLIC HEARING A Grantee seeking federal assistance authorized by 49 V.S.C. chapter 53 for a capital project that will substantially affect a community or a community's public transportation service is required to provide the following certification. M:\databases\ctap\FTA_IDOT Certifications 314 2007.DOC 13 As required by 49 V.S.C. 5323(b), the Grantee certifies that it has, or before receiving the grant, it will have: A. Provided an adequate opportunity for public review and comment on the project preceded by adequate prior public notice of the proposed project, including a concise description of the proposed project published in a newspaper of general circulation in the geographic area to be served; B. Held a public hearing on the project if the project affects significant economic, social, or environmental interests after providing adequate notice as described above; C. Considered the economic, social, and environmental effects of the proposed project; and D. Determined that the proposed project is consistent with official plans for developing the urban area. VI. ACQUISITION OF ROLLING STOCK A Grantee seeking federal assistance authorized under 49 V.S.C. chapter 53 to acquire any rolling stock is required to provide the following certification. As required by 49 V.S.C. 5323(m) and implementing FTA regulations at 49 CFR 663.7, the Grantee certifies that it will comply with the requirements of 49 CFR part 663 as modified by amendments authorized by section 3023(k) of SAFETEA-LV when procuring revenue service rolling stock. Among other things, the Grantee agrees to conduct or cause to be conducted the requisite pre-award and post-delivery reviews, and maintain on file the certifications required by 49 CFR part 663, subparts B, C, and D. VII. ACQUISITION OF CAPITAL ASSETS BY LEASE A Grantee that intends to use local, state or federal assistance to acquire capital assets by lease is required to provide the following certifications. As required by FTA regulations, "Capital Leases," at 49 CFR 639.15(b)(l) and 639.21, if the Grantee acquires any capital asset by lease financed with local, state or federal assistance authorized for 49 V.S.C. chapter 53, the Grantee certifies as follows: (1) It will not use local, state or federal assistance authorized to finance the cost of leasing any capital asset until it performs calculations demonstrating that leasing the capital asset would be more cost-effective than purchasing or constructing a similar asset; and It will complete these calculations before entering into the lease or before receiving a capital grant for the asset, whichever is later; and (2) It will not enter into a capital lease for which the RTA or the FTA can provide only incremental local, state or federal assistance unless it has adequate financial resources to meet its future obligations under the lease if local, state or federal assistance is not available for capital projects in the subsequent years. M:\databases\ctap\FTA_IDOT Certifications 314 2007.DOC 14 VIII. BUS TESTING A Grantee that receives federal assistance appropriated or made available for 49 V.S.c. chapter 53 to acquire any new bus model or any bus model with a new major change in configuration or components is required to provide the following certification. As required by 49 V.S.C. 5318 and FTA regulations, "Bus Testing," at 49 CFR 665.7, the Grantee certifies that, before expending any federal assistance to acquire the first bus of any new bus model or any bus model with a new major change in configuration or components, or before authorizing final acceptance oftha~ bus (as described in 49 CFR part 665), the bus model: A. Will have been tested at the FTA's bus testing facility; and B. Will have received a copy of the test report prepared on the bus model. IX. CHARTER SERVICE AGREEMENT A Grantee receiving federal assistance authorized under 49 V.S.C. chapter 53 (except 49 V.S.C. 5310 or 5317), or under 23 D.S.C. 133 or 142 to acquire or operate any public transportation equipment or facilities is required to enter into the following Charter Service Agreement. A. As required by 49 V.S.C. 5323(d) and (g) and FTA regulations, "Charter Service," at 49 CFR 604.7, the Grantee agrees that it and each subrecipient and third party contractor at any tier will: (1) Provide charter service that uses equipment or facilities acquired with federal assistance authorized under 49 V.S.C. chapter 53 (except 49 V.S.C. 5310 or 5317), or under 23 V.S.C. 133 or 142 for transportation projects, only to the extent that there are no private charter service operators willing and able to provide the charter service that it or its subrecipients or third party contractors at any tier desire to provide, unless one or more of the exceptions in 49 CFR 604.9 applies; and (2) Comply with the requirements of 49 CFR part 604 before providing any charter service using equipment or facilities acquired with federal assistance authorized under 49 V.S.c. chapter 53 (except 49 V.S.C. 5310 or 5317), or under 23 V.S.C. 133 or 142 for transportation projects. B. The Grantee understands that: (1) The requirements of 49 CFR part 604 will apply to any charter service that it or its subrecipients or third party contractors provide; (2) The definitions of 49 CFR part 604 will apply to this Charter Service Agreement; and (3) A violation of this Charter Service Agreement may require corrective measures and imposition of penalties, including debarment from the receipt of further federal assistance for transportation. M:\databases\ctap\FT A_IDOT Certifications 3 142007.DOC 15 X. SCHOOL TRANSPORTATION AGREEMENT A Grantee receiving federal assistance authorized under 49 V.S.C. chapter 53 or under 23 V.S.C. 133 or 142 to acquire or operate public transportation facilities and equipment is required to enter into the following School Transportation Agreement. A. As required by 49 V.S.C. 5323(f) and (g) and FTA regulations at 49 CFR 605.14, the Grantee agrees that it and each subrecipient or third party contractor at any tier will: (1) Engage in school transportation operations in competition with private school transportation operators only to the extent permitted by 49 V.S.C. 5323(f) and (g), and federal regulations; and (2) Comply with the requirements of 49 CFR part 605 before providing any school transportation using equipment or facilities acquired with federal assistance and authorized under 49 V.S.C. chapter 53 under 23 V.S.C. 133 or 142 for transportation projects. B. The Grantee understands that: (1) The requirements of 49 CFR part 605 will apply to any school transportation service it or its subrecipients or third party contractors provide, (2) The definitions of 49 CFR part 605 will apply to this school transportation agreement; and (3) A violation of this School Transportation Agreement may require corrective measures and imposition of penalties, including debarment from the receipt of further federal assistance for transportation. XI. DEMAND RESPONSIVE SERVICE A Grantee that operates demand responsive service and receives direct federal assistance authorized for 49 V.S.C. chapter 53 to acquire non-rail public transportation vehicles is required to provide the following certification. As required by V.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," at 49 CFR 37.77(d), the Grantee certifies that its demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. When the Grantee's service is viewed in its entirety, the Grantee's service for individuals with disabilities is provided in the most integrated setting feasible and is equivalent with respect to: (1) response time, (2) fares, (3) geographic service area, (4) hours and days of service, (5) restrictions on trip purpose, (6) availability of information and reservation capability, and (7) constraints on capacity or service availability. XII. ALCOHOL MISUSE AND PROHIBITED DRUG USE The Grantee is required to provide the following certification concerning its activities to prevent alcohol misuse and prohibited drug use in its public transportation operations. M:\databases\ctap\FT A_IDOT Certifications 3 14 2007.DOC 16 As required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," at 49 CFR part 655, subpart I, the Grantee certifies that it has established and implemented an alcohol misuse and anti-drug program, and has complied with or will comply with all applicable requirements of FT A regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR part 655. XIII. INTEREST AND OTHER FINANCING COSTS A Grantee that intends to use federal assistance for reimbursement of interest or other financing costs incurred for its capital projects is required to provide the following certification. As required by 49 U.S.C. 5307(g)(3), 5309(g)(2)(B)(iii), 5309(g)(3)(B)(iii), 5309(i)(2)(C), and 5320(h)(2)(C), the Grantee certifies that it will not seek reimbursement for interest and other financing costs unless it is eligible to receive federal assistance for those expenses and its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent the FT A may require. XlV. INTELLIGENT TRANSPORTATION SYSTEMS A Grantee that intends to use FT A assistance for an Intelligent Transportation Systems (ITS) project, defined as any project that in whole or in part finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the "National ITS Architecture," must provide the following assurance. As used in this assurance, the term Intelligent Transportation Systems (ITS) project is defined to include any project that in whole or in part finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the "National ITS Architecture." A. As provided in 23 U.S.C. 5307(c), "the Secretary shall ensure that intelligent transportation system projects carried out using funds made available from the Highway Trust Fund, including funds made available under this subtitle to deploy intelligent transportation system technologies, conform to the national architecture, applicable standards or provisional standards, and protocols developed under subsection (a)." To facilitate compliance with 23 U.S.C. 5307(c), the Grantee assures it will comply with all applicable provisions of Section V (Regional ITS Architecture) and Section VI (Project Implementation) of FTA Notice, "FTA National ITS Architecture Policy on Transit Projects," at 66 Fed. Reg. 1455 et seq., January 8, 2001, and other FTA policies that may be issued in connection with any ITS project it undertakes financed with funds authorized under Title 49 or Title 23, United States Code, except to the extent that the R T A or FT A expressly determines otherwise in writing. B. With respect to any ITS project financed with federal assistance derived from a source other than Title 49 or Title 23, United States Code, the Grantee assures that it will use its best efforts to ensure that any ITS project it undertakes will not preclude interface with other intelligent transportation systems in the region. M:\databases\ctap\FTA_IDOT Certifications 3 142007.DOC 17 xv. URBANIZED AREA FORMULA PROGRAM Each Grantee receiving Urbanized Area Formula Program assistance authorized under 49 U.S.C. 5307 is required to provide the following certifications on behalf of itself and any subrecipients participating in its projects. Unless the RTA or FTA determines otherwise in writing, the Grantee is ultimately responsible for compliance with its certifications and assurances even though a subrecipient may participate in that project. Consequently, in providing certifications and assurances that involve the compliance of its prospective subrecipients, the Grantee is strongly encouraged to take the appropriate measures, including but not limited to obtaining sufficient documentation from each subrecipient, to assure the validity of all certifications and assurances the Grantee has made to the R T A. If, however a "Designated Recipient" as defined at 49 U.S.C. 5307(a)(2)(A) enters into a Supplemental Agreement with the FTA and a Prospective Grantee, that Prospective Grantee is recognized as the Grantee for Urbanized Area Formula Program assistance and must provide the following certifications. Each Grantee is required by 49 U.S.C. 5307(d)( I )(1) to expend at least one (1) percent of its Urbanized Area Formula Program assistance for public transportation security projects, unless the Grantee has certified to RTA that such expenditures are not necessary. Information about the Grantee's intentions will be recorded in the "Security" tab page of the TEAM-Web "Project Information" window when the Grantee enters its Urbanized Area Formula Program application in TEAM-Web. The RTA may not award Urbanized Area Formula Program assistance that has been provided by the FT A to any Grantee that has received Transit Enhancement funds authorized by former 49 U.S.C. 5307(k)(1), unless that Grantee's quarterly report for the fourth quarter of the preceding federal fiscal year 2005 has been submitted to the FT A and includes the requisite list for the urbanized area. Beginning Federal fiscal year 2007, the RTA may not award Urbanized Area Formula Program assistance to any Grantee that is required by 49 U.S.C. 5307(d)(1)(K) to expend one (1) percent of its Urbanized Area Formula Program assistance for eligible transit enhancements unless that Grantee's quarterly report for the fourth quarter of the preceding federal fiscal year has been submitted to the RTA and includes the requisite list or the Grantee attaches in TEAM or includes in its quarterly report information sufficient to demonstrate that the Designated Recipients in its area together have expended one (1) percent of the amount of Urbanized Area Program assistance made available to them for transit enhancement projects. A. Certifications Required/or the Urbanized Area Formula Program As required by 49 U.S.C. 5307(d)(1), the Grantee certifies as follows: (a) In compliance with 49 U.S.C. 5307(d)(1)(A), the Grantee has or will have the legal, financial, and technical capacity to carry out its proposed program of projects, including safety and security aspects of that program; (b) In compliance with 49 U.S.C. 5307(d)(1)(B), the Grantee has or will have satisfactory continuing control over the use of Project equipment and facilities; (c) In compliance with 49 U.S.C. 5307(d)(1)(C), the Grantee will adequately maintain the Project equipment and facilities; M:\databases\ctap\FTA_IDOT Certifications 314 2007.DOC 18 (d) In compliance with 49 V.S.C. 5307(d)(1)(D), the Grantee will ensure that elderly individuals, individuals with disabilities, or any person presenting a Medicare card issued to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 V.S.C. 401 et seq. or 42 V.S.C. 1395 et seq.), will be charged for transportation during non-peak hours using or involving a facility or equipment of a project financed with federal assistance authorized for 49 V.S.C. 5307, not more than fifty (50) percent of the peak hour fare; (e) In compliance with 49 V.S.C. 5307(d)(1)(E), the Grantee, in carrying out a procurement financed with federal assistance authorized under 49 V.S.C. 5307: (1) will use competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FTA assistance of 49 V.S.C. 5323 and the third party procurement requirements of 49 V.S.c. 5325; (f) In compliance with 49 V.S.C. 5307(d)(1)(F), the Grantee has complied with or will comply with the requirements of 49 V.S.C. 5307(c). Specifically, the Grantee: (1) has made available, or will make available, to the public information on the amounts available for the Vrbanized Area Formula Program, 49 V.S.C. 5307, and the program of projects it proposes to undertake; (2) has developed or will develop, in consultation with interested parties including private transportation providers, a proposed program of projects for activities to be financed; (3) has published or will publish a proposed program of projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the performance of the Grantee; (4) has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed program of projects; (5) has ensured or will ensure that the proposed program of projects provides for the coordination of transportation services assisted under 49 V.S.C. 5336 with transportation services assisted by another Federal Government source; (6) has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final program of projects; and (7) has made or will make the final program of projects available to the public; (g) In compliance with 49 U.S.C. 5307(d)(1)(G), the Grantee has or will have available and will provide the amount of funds required by 49 V.S.C. 5307(e) for the local share, and that those funds will be provided from approved non-federal sources except as permitted by federal law; (h) In compliance with 49 V.S.C. 5307(d)(1)(H), the Grantee will comply with: 49 V.S.C. 530l(a) (requirements for public transportation systems that maximize the safe, secure and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 V.S.C. 530l(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 V.S.c. 5303 through 5306 (planning and private enterprise requirements); M:\databases\ctap\FT A_IDOT Certifications 3 14 2007.DOC 19 (i) In compliance with 49 V.S.C. 5307(d)(1)(I), the Grantee has a locally developed process to solicit and consider public comment before raising a fare or implementing a major reduction of public transportation; G) In compliance with 49 V.S.C. 5307(d)(I)(J), each fiscal year, the Grantee will spend at least one (1) percent of its funds authorized by 49 V.S.C. ~ 5307 for public transportation security projects, unless the Grantee has certified to the RTA that such expenditures are not necessary. Public transportation security projects include increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, emergency telephone line or lines to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation; and (k) In compliance with 49 V.S.C. 5307(d)(I)(K), if the Grantee is a Designated Recipient serving an urbanized area with a population of at least 200,000, (1) the Grantee certifies either that it has expended or will expend for transit enhancements as defined at 49 V.S.C. 5302(a)(15) not less than one (1) percent of the amount of the Vrbanized Area Formula Assistance it receives this fiscal year, or that at least one Designated Recipient in its urbanized area has certified or will certify that the Designated Recipients within that urbanized area together have expended or will expend for transit enhancements as defined at 49 V.S.C. 5302(a)(15) not less than one (1) percent of the amount of the total amounts the Designated Recipients receive each fiscal year under 49 V.S.C. 5307, and (2) either the Grantee has listed or will list the transit enhancement projects it has carried out with those funds, or at least one Designated Recipient in the Grantee's urbanized area has listed or will list the transit enhancement projects carried out with funds authorized under 49 V.S.C. 5307. If the Designated Recipient's quarterly report for the fourth quarter of the preceding federal fiscal year includes a list of transit enhancement projects the Designated Recipients in its urbanized area have implemented during that preceding fiscal year using those funds, the information in that quarterly report will fulfill the requirements of 49 D.S.C. 5307(d)(1)(K)(ii), and thus that quarterly report will be incorporated by reference and made part of the Designated Recipient's and Grantee's certifications and assurances. XVI. CLEAN FUELS GRANT PROGRAM Each Grantee receiving Clean Fuels Grant Program assistance authorized under 49 V.S.C. 5308 is required to provide the following certifications on behalf of itself and its subrecipients. Vnless the R T A determines otherwise in writing, the Grantee is ultimately responsible for compliance with its certifications and assurances even though a subrecipient may participate in that project. Consequently, in providing certifications and assurances that involve the compliance of its prospective subrecipients, the Grantee is strongly encouraged to take the appropriate measures, including but not limited to obtaining sufficient documentation from each subrecipient, to assure the validity of all certifications and assurances the Grantee has made to the RT A. As required by 49 V.S.C. 5308(d)(I), which makes the requirements of 49 V.S.C. 5307 applicable to Clean Fuels Grant Program assistance, and 49 V.S.C. 5307(d)(1), the designated recipient or the recipient serving as the Grantee on behalf of the designated recipient, or the state M:\databases\ctap\FTA_IDOT Certifications 314 2007.DOC 20 or state organization serving as the Grantee on behalf of the state, certifies as follows: A. In compliance with 49 V.S.C. 5307(d)(1)(A), the Grantee has or will have the legal, financial, and technical capacity to carry out its proposed program of projects, including safety and security aspects of that program; B. In compliance with 49 V.S.C. 5307(d)(1)(B), the Grantee has or will have satisfactory continuing control over the use of project equipment and facilities; C. In compliance with 49 V.S.C. 5307(d)(1)(C), the Grantee will adequately maintain the project equipment and facilities; D. In compliance with 49 V.S.C. 5307(d)(1)(D), the Grantee will ensure that elderly individuals, individuals with disabilities, or any person presenting a Medicare card issued to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 V.S.C. 401 et seq. or 42 V.S.C. 1395 et seq.), will be charged fortransportation during non-peak hours using or involving a facility or equipment of a project financed with federal assistance authorized under 49 V.S.C. 5308, not more than fifty (50) percent ofthe peak hour fare; E. In compliance with 49 V.S.C. 5307(d)(1)(E), the Grantee, in carrying out a procurement financed with federal assistance authorized under 49 V.S.C. 5308: (1) will use competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FT A assistance of 49 V.S.C. 5323 and the third party procurement requirements of 49 U.S.C. 5325; F. In compliance with 49 V.S.C. 5307(d)(1)(F), the Grantee has complied with or will comply with the requirements of 49 V.S.C. 5307(c). Specifically, the Grantee: (1) has made available, or will make available, to the public information on the amounts available for the Clean Fuels Grant Program, 49 V.S.C. 5308, and the projects it proposes to undertake; (2) has developed or will develop, in consultation with interested parties including private transportation providers, the proposed projects to be financed; (3) has published or will publish a list of the proposed projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed projects and submit comments on the proposed projects and the performance of the Grantee; (4) has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed projects; (5) has ensured or will ensure that the proposed projects provide for the coordination of transportation services assisted under 49 V.S.C. 5336 with transportation services assisted by another Federal Government source; (6) has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of projects; and (7) has made or will make the final list of projects available to the public; G. In compliance with 49 V.S.C. 5307(d)(1)(G), the Grantee has or will have available and will provide the amount of funds required by 49 V.S.C. 5308(d)(2) for the local share, and that those funds will be provided from approved non-federal sources except as permitted by M:\databases\ctap\FTA_IDOT Certifications 314 2007.DOC 21 federal law; H. In compliance with 49 V.S.C. 5307(d)(1)(H), the Grantee will comply with: 49 V.S.C. 530l(a) (requirements for public transportation systems that maximize the safe, secure, and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 V.S.C. 530l(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 V.S.C. 5303 through 5306 (planning and private enterprise requirements); I. In compliance with 49 V.S.C. 5307(d)(1)(I), the Grantee has a locally developed process to solicit and consider public comment before raising a fare or implementing a major reduction of public transportation; and 1. The Grantee certifies that it will use only clean fuels to operate any vehicles financed with federal assistance provided for the Clean Fuels Grant Program, 49 V.S.C. 5308, and in particular that it will use only ultra-low sulfur diesel fuel to operate "clean diesel" buses financed with federal assistance provided for the Clean Fuels Grant Program, 49 V.S.C. 5308. XVII. ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES FORMULA PROGRAM AND PILOT PROGRAM This Category does not apply to this Agreement. XVIII. NONURBANIZED AREA FORMULA PROGRAM This Category does not apply to this Agreement. XIX. JOB ACCESS AND REVERSE COMMUTE FORMULA GRANT PROGRAM Each Grantee receiving Job Access and Reverse Commute (JARC) Formula Grant Program assistance authorized under 49 V.S.C. 5316 is required to provide the following certifications on behalf of itself and any subrecipient that may be implementing its project. Vnless FT A determines otherwise in writing, the Grantee itself is ultimately responsible for compliance with its certifications and assurances even though a subrecipient may participate in that project. Consequently, in providing certifications and assurances that involve the compliance of its prospective subrecipients, the Grantee is strongly encouraged to take the appropriate measures, including but not limited to obtaining sufficient documentation from each subrecipient, to assure the validity of all certifications and assurances the Grantee has made to the R T A. A. As required by 49 V.S.C. 53l6(f)(1), which makes the requirements of 49 V.S.C. 5307 applicable to Job Access and Reverse Commute (JARC) formula grants, and 49 V.S.C. 5307(d)(1), the Grantee for JARC Formula Program assistance authorized under 49 V.S.C. 5316, certifies on behalf of itself and its subrecipients, if any, as follows: M:\databases\ctap\FT A_IDOT Certifications 3 14 2007.DOC 22 (1) In compliance with 49 D.S.C. 5307(d)(1)(A), the Grantee has or will have the legal, financial, and technical capacity to carry out its proposed program of projects, including safety and security aspects of that program; (2) In compliance with 49 D.S.C. 5307(d)(I)(B), the Grantee has or will have satisfactory continuing control over the use of project equipment and facilities; (3) In compliance with 49 D.S.C. 5307(d)(1)(C), the Grantee will adequately maintain the project equipment and facilities; (4) In compliance with 49 D.S.C. 5307(d)(I)(D), the Grantee will ensure that elderly individuals and individuals with disabilities, or any person presenting a Medicare card issued to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 D.S.C. 401 et seq. or 42 D.S.C. 1395 et seq.), will be charged for transportation during non-peak hours using or involving a facility or equipment of a project financed with federal assistance authorized under 49 D.S.C. 5316 not more than fifty (50) percent of the peak hour fare; (5) In compliance with 49 D.S.C. 5307(d)(I)(E), the Grantee, in carrying out a procurement financed with federal assistance authorized under 49 D.S.C. 5316: (1) will use competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FTA assistance of 49 D.S.C. 5323 and the third party procurement requirements of 49 D.S.C. 5325; (6) In compliance with 49 D.S.C. 5307(d)(I)(F), the Grantee has complied with or will comply with the requirements of 49 D.S.C. 5307(c). Specifically, it: (1) has made available, or will make available, to the public information on the amounts available for the JARC Formula Grant Program, 49 U.S.C. 5316, and the projects it proposes to undertake; (2) has developed or will develop, in consultation with interested parties including private transportation providers, the proposed projects to be financed; (3) has published or will publish a list of projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed projects and submit comments on the proposed projects and the performance of the Grantee; (4) has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed projects; (5) has ensured or will ensure that the proposed projects provide for the coordination of transportation services assisted under 49 D.S.C. 5336 with transportation services assisted by another federal Government source; (6) has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of projects; and (7) has made or will make the final list of projects available to the public; (7) In compliance with 49 D.S.C. 5307(d)(1)(G), the Grantee has or will have available and will provide the amount of funds required by 49 D.S.C. 5316(g) for the local share, and that those funds will be provided. from approved non-federal sources except as permitted M:\databases\ctap\FT A _ IDOT Certifications 3 14 2007.DOC 23 by federal law; (8) In compliance with 49 V.S.C. 5307(d)(l)(H), the Grantee will comply with: 49 V.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure, and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 V.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 V.S.C. 5303 through 5306 (planning and private enterprise requirements); and (9) In compliance with 49 U.S.C. 5307(d)(I)(I), the Grantee has a locally developed process to solicit and consider public comment before raising a fare or implementing a major reduction of public transportation; B. In compliance with 49 V.S.C. 5316(d), the Grantee certifies that (1) with respect to financial assistance authorized under 49 V.S.C. 5316(c)(I)(A), it will conduct in cooperation with the appropriate MPO an area wide solicitation for applications, and make awards on a competitive basis and (2) with respect to financial assistance authorized under 49 V.S.C. 5316(c)(l)(B) or 49 V.S.C. 5316(c)(l)(C), it will conduct a statewide solicitation for applications, and make awards on a competitive basis; C. In compliance with 49 V.S.C. 5316(f)(2), the Grantee certifies that any allocations to subrecipients of financial assistance authorized under 49 V.S.C. 5316 will be distributed on a fair and equitable basis; D. In compliance with 49 V.S.C. 5316(g)(2), the Grantee certifies that, before it transfers funds to a project funded under 49 V.S.C. 5336, that project will has been or will have been coordinated with private nonprofit providers of services; E In compliance with 49 V.S.c. 5316(g)(3), the Grantee certifies that: (1) the projects it has selected or will select for assistance under that program were derived from a locally developed, coordinated public transit-human services transportation plan; and (2) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public; and F. In compliance with 49 V.S.C. 5316(c)(3), before the Grantee uses funding apportioned under 49 V.S.C. 5316(c)(I)(B) or (C) for projects serving an area other than that specified in 49 V.S.C. 5316(2)(B) or (C), the Grantee certifies that the chief executive officer of the state, or his or her designee, will have certified to the Federal Transit Administrator, apart from these certifications herein, that all of the objectives of 49 V.S.C. 5316 are being met in the area from which such funding would be derived. XX. NEW FREEDOM PROGRAM Each Grantee that receives New Freedom Program assistance authorized under 49 V.S.C. 5317 M:\databases\ctap\FTA_IDOT Certifications 314 2007.DOC 24 must provide the following certifications on behalf of itself and any subrecipient that may be implementing its project. Vnless FT A determines otherwise in writing, the Grantee itself is ultimately responsible for compliance with its certifications and assurances even though a subrecipient may participate in that project. Consequently, in providing certifications and assurances that involve the compliance of its prospective subrecipients, the Grantee is strongly encouraged to take the appropriate measures, including but not limited to obtaining sufficient documentation from each subrecipient, to assure the validity of all certifications and assurances the Grantee has made to the R T A. A. As required by 49 V.S.C. 5317( e)(1), which makes the requirements of 49 U.S.C. 5310 applicable to New Freedom grants to the extent the Federal Transit Administrator or his or her designee determines appropriate, by 49 V.S.C. 531O(d)(1), which makes the requirements of 49 V.S.C. 5307 applicable to Elderly Individuals and Individuals with Disabilities Formula grants to the extent the Federal Transit Administrator or his or her designee determines appropriate, and by 49 V.S.C. 5307(d)(1), the Grantee for New Freedom Program assistance authorized under 49 U.S.C. 5317 certifies and assures on behalf of itself and its subrecipients, if any, as follows: (1) In compliance with 49 V.S.C. 5307(d)(1)(A), the Grantee has or will have the legal, financial, and technical capacity to carry out its proposed program of projects, including .. safety and security aspects of that program; (2) In compliance with 49 V.S.C. 5307(d)(1)(B), the Grantee has or will have satisfactory continuing control over the use of project equipment and facilities; (3) In compliance with 49 V.S.C. 5307(d)(l)(C), the Grantee will adequately maintain the project equipment and facilities; (4) In compliance with 49 U.S.C. 5307(d)(1)(E), the Grantee, in carrying out a procurement financed with federal assistance authorized under 49 V.S.C. 5317: (1) will use competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FTA assistance of 49 V.S.C. 5323 and the third party procurement requirements of 49 V.S.C. 5325; (5). In compliance with 49 V.S.C. 5307(d)(1)(G), the Grantee has or will have available and will provide the amount of funds required by 49 V.S.C. 5317(g), and if applicable by section 3012b(3) and (4), for the local share, and that those funds will be provided from approved non-federal sources except as permitted by federal law; and (6).In compliance with 49 V.S.C. 5307(d)(1)(H), the Grantee will comply with: 49 V.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure, and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 V.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and M:\databases\ctap\FT A_lOOT Certifications 3 14 2007.DOC 25 individuals with disabilities); and 49 V.S.C. 5303 through 5306 (planning and private enterprise requirements); B. In compliance with 49 V.S.C. 5317(d), the Grantee certifies that (1) with respect to financial assistance authorized under 49 V.S.C. 5317(c)(1)(A), it will conduct in cooperation with the appropriate MPO an area wide solicitation for applications, and make awards on a competitive basis and (2) with respect to financial assistance authorized under 49 V.S.C. 5317(c)(I)(B) or 49D.S.C. 5317(c)(1)(C), it will conduct a statewide solicitation for applications, and make awards on a competitive basis; C. In compliance with 49 V.S.C. 5317(f)(2), the Grantee certifies that, before it transfers funds to a project funded under 49 D.S.C. 5336, that project will has been or will have been coordinated with private nonprofit providers of services; D. In compliance with 49V.S.C. 5317(e)(2), the Grantee certifies that any allocations to subrecipients of financial assistance authorized under 49 V.S.C. 5317 will be distributed on a fair and equitable basis; and E. In compliance with 49 V.S.C. 5317(t)(3), the Grantee certifies that: (1) projects it has selected or will select for assistance under that program were derived from a locally developed, coordinated public transit-human services transportation plan; and (2) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public. XXI. AL TERNA TIVE TRANSPORTATION IN PARKS AND PUBLIC LANDS PROGRAM Each State, tribal area, or local government authority that is a recipient of Alternative Transportation in Parks and Public Lands Program assistance authorized by 49 D.S.C. 5320, is required to provide the following certifications. A. As required by 49 D.S.C. 5320(i), which makes the requirements of 49 V.S.C. 5307 applicable to Elderly Individuals and Individuals with Disabilities Formula grants to the extent the Federal Transit Administrator or his or her designee determines appropriate, and 49 V.S.C. 5307(d)(1), the Grantee certifies as follows: (1) In compliance with 49 D.S.C. 5307(d)(1)(A), the Grantee has or will have the legal, financial, and technical capacity to carry out its proposed project, including safety and security aspects of that project; (2) In compliance with 49 V.S.c. 5307(d)(1)(B), the Grantee has or will have satisfactory continuing control over the use of project equipment and facilities; (3) In compliance with 49 V.S.C. 5307(d)(1)(C), the Grantee will adequately maintain the project equipment and facilities; M:\databases\ctap\FT A_IDOT Certifications 3 14 2007.DOC 26 (4) In compliance with 49 V.S.C. 5307(d)(1)(D), the Grantee will ensure that elderly individuals, individuals with disabilities, or any person presenting a Medicare card issued to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 V.S.C. 401 et seq. or 42 V.S.C. 1395 et seq.), will be charged for transportation during non-peak hours using or involving a facility or equipment of a project financed with federal assistance authorized under 49 V.S.C. 5320, not more than fifty (50) percent of the peak hour fare; (5) In compliance with 49 V.S.C. 5307(d)(I)(E) in carrying out a procurement financed with federal assistance authorized under 49 V.S.c. 5320, the Grantee: (1) will use competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America.laws, and (4) will comply with the general provisions for FTA assistance of 49 V.S.C. 5323 and the third party procurement requirements of 49 V.S.C. 5325; (6) In compliance with 49 V.S.C. 5307(d)(1)(F) and with 49 V.S.C.5320(e)(2)(C), the Grantee has complied with or will comply with the requirements of 49 V.S.C. 5307(c). Specifically, it: (1) has made available, or will make available, to the public information on the amounts available for the Alternative Transportation in Parks and Public Lands Program, 49 V.S.C. 5320, and the projects it proposes to undertake; (2) has developed or will develop, in consultation with interested parties' including private transportation providers, projects to be financed; (3) has published or will publish a list of projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed projects and submit comments on the proposed projects and the performance of the Grantee; (4) has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed projects; (5) has ensured or will ensure that the proposed projects provide for the coordination of transportation services assisted under 49 V.S.C. 5336 with transportation services assisted by another Federal Government source; (6) has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of projects; and (7) has made or will make the final list of projects available to the public; (7) In compliance with 49 V.S.C. 5307(d)(1)(G), the Grantee has or will have available the amount of funds required by 49 V.S.C. 5320(f), and that those funds will be provided from approved non-federal sources except as permitted by federal law; and (8) In compliance with 49 V.S.C. 5307(d)(1)(H), the Grantee will comply with: 49 V.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure, and efficient mobility of individuals, minimize environmental impacts, an~ minimize transportation-related fuel consumption and reliance on foreign oil); 49 V.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 V.S.C. 5303 through 5306 (planning and private enterprise requirements). M:\databases\ctap\FTA_IDOT Certifications 3 142007.DOC 27 B. In compliance with 49 V.S.C.5320(e)(2)(A), (B), and (D), the Grantee assures that it will: (1) Comply with the metropolitan planning provisions of 49 V.S.C. 5303; (2) Comply with the statewide planning provisions of 49 V.S.C. 5304; and (3) Consult with the appropriate federal land management agency during the planning process. XXII. INFRASTRUCTURE FINANCE PROJECTS Each Grantee that receives Infrastructure Finance assistance authorized under 23 V.S.C. chapter 6, is required to provide the following certifications. A. As required by 49 V.S.C. 5323(0), which makes the requirements of 49 V.S.C. 5307 applicable to Grantees seeking Infrastructure Finance assistance authorized under 23 V.S.C. chapter 6, and by 49 V.S.C. 5307(d)(1), the Grantee certifies as follows: (1) In compliance with 49 V.S.C. 5307(d)(1)(A), the Grantee has or will have the legal, financial, and technical capacity to carry out its proposed program of projects, including safety and security aspects of that program; (2) In compliance with 49 V.S.C. 5307(d)(1)(B), the Grantee has or will have satisfactory continuing control over the use of project equipment and facilities; (3) In compliance with 49 V.S.C. 5307(d)(I)(C), the Grantee will adequately maintain the project equipment and facilities; (4) In compliance with 49 V.S.C. 5307(d)(I)(D), the Grantee will ensure that elderly individuals and individuals with disabilities, or any person presenting a Medicare card issued to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 V.S.C. 401 et seq. or 42 V.S.C. 1395 et seq.), will be charged for transportation during non-peak hours using or involving a facility or equipment of a project financed with federal assistance authorized under 23 V.S.C. chapter 6 not more than fifty (50) percent of the peak hour fare; (5) In compliance with 49 U.S.C. 5307(d)(1)(E), the Grantee, in carrying out a procurement financed with federal assistance authorized under 23 V.S.C. chapter 6: (1) will use competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FTA assistance of 49 V.S.C. 5323 and the third party procurement requirements of 49 V.S.c. 5325; (6) In compliance with 49 V.S.C. 5307(d)(1)(F), the Grantee has complied with or will comply with the requirements of 49 V.S.C. 5307(c). Specifically, it: (1) has made M:\databases\ctap\FT A _IDOT Certifications 3 14 2007. DOC 28 available, or will make available, to the public information on the amounts available for Infrastructure Finance assistance, 23 V.S.C. chapter 6, and the projects it proposes to undertake; (2) has developed or will develop, in consultation with interested parties including private transportation providers, the proposed projects to be financed; (3) has published or will publish a list of projects in a way. that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed projects and submit comments on the proposed projects and the performance of the Grantee; (4) has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed projects; (5) has ensured or will ensure that the proposed projects provide for the coordination of transportation services assisted under 49 V.S.C. 5336 with transportation services assisted by another Federal Government source; (6) has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of projects; and (7) has made or will make the final list of projects available to the public; (7) In compliance with 49 V.S.C. 5307(d)(1)(G), the Grantee has or will have available and will provide the amount of funds required for the local share, and that those funds will be provided from approved non-federal sources except as permitted by federal law; (8) In compliance with 49 V.S.C. 5307(d)(1)(H), the Grantee will comply with: 49 V.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure, and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 V.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 V.S.C. 5303 through 5306 (planning and private enterprise requirements); (9) In compliance with 49 V.S.C. 5307(d)(I)(I), the Grantee has a locally developed process to solicit and consider public comment before raising a fare or implementing a major reduction of public transportation; (10) To the extent that the Grantee will be using funds authorized under 49 V.S.C. 5307 for the project, in compliance with 49 V.S.C. 5307(d)(1)(J), each fiscal year, the Grantee will spend at least one (1) percent of those funds authorized under 49 V.S.C. ~ 5307 for public transportation security projects (this includes only capital projects in the case of a Grantee serving an urbanized area with a population of 200,000 or more), unless the Grantee has certified to FT A that such expenditures are not necessary. Public transportation security projects include increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, emergency telephone line or lines to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation; and (11) To the extent that the Grantee will be using funds authorized under 49 V.S.C. 5307 for the project, in compliance with 49 U.S.C. 5309(d)(1)(K): (1) an Grantee that serves an M:\databases\ctap\FT A _IDOT Certifications 3 14 2007.DOC 29 urbanized area with a population of at least 200,000 will expend not less than one (1) percent of the amount it receives each fiscal year under 49 V.S.C. 5307 for transit enhancements, as defined at 49 V.S.C. 5302(a), and (2) if it has received transit enhancement funds authorized by 49 V.S.C. 5307(k)(1), its quarterly report for the fourth quarter of the preceding federal fiscal year includes a list of the projects it has implemented during that fiscal year using those funds, and that report is incorporated by reference and made part of its certifications and assurances. B. As required by 49 V.S.C. 5323(0), which makes the requirements of 49 V.S.C. 5309 applicable to Grantees seeking Infrastructure Finance assistance authorized under 23 V.S.C. chapter 6, and by 49 V.S.C. 5309(g)(2)(B)(iii), 5309(g)(3)(B)(iii), and 5309(i)(2)(C), the Grantee certifies that it will not seek reimbursement for interest and other financing costs unless it is eligible to receive federal assistance for those expenses and its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent the ~TA or the FTA may require. XXIII. ST ATE INFRASTRUCTURE BANK PROGRAM This Category does not apply to this Agreement. XXIV. ADDITIONAL FTA CERTIFICATIONS AND ASSURANCES Section 24-1 Definitions As used in Sections XXIV and XXV of these certifications and assurances: A. "Agreement" means the agreement between the RTA and Grantee to which these certifications and assurances are appended as an exhibit. B. "Government" means the government of the Vnited States of America, the State of Illinois and the R T A. C. "Project" means the studies, demonstrations, and/or development projects described in the Grantee's approved application, for which grant funds are intended to be provided pursuant to this Agreement. D. "Project Cost" means costs, eligible for reimbursement or payment under the Agreement, incurred by the Grantee and/or its contractor(s) in performing the Project. Section 24-2. Project Implementation A. Grantee's Responsibility to Extend Federal Requirements to Other Entities. (1) Entities Affected. Only the entities that are signatories to the Agreement are parties to the Agreement. To achieve compliance with certain federal laws, regulations, or directives, however, other Project participants, such as subrecipients and third party contractors, will necessarily be affected. Accordingly, the Grantee agrees to take appropriate measures necessary to ensure all Project participants .comply with applicable federal requirements affecting their M:\databases\ctap\FT A _IDOT Certifications 3 14 2007.DOC 30 performance. (2) Documents Affected. The applicability provisions of federal statutes, regulations, and directives establishing each federal requirement determine the extent to which that requirement affects a Project participant. Accordingly, the Grantee agrees to include adequate provisions to ensure that each Project participant complies with those federal requirements. In addition, the Grantee also agrees to require its third party contractors and subrecipients to include adequate provisions to ensure compliance with applicable federal requirements in each lower tier subcontract and subagreement financed in whole or in part with financial assistance provided by the FTA, through the RTA, under the Agreement. Additional requirements include the following: (a) Third Party Contracts. Because Project activities performed by a third party contractor must comply with federal requirements, the Grantee agrees to include appropriate clauses in each third party contract stating the third party contractor's responsibilities under federal law, regulation, or directive, including any necessary provisions requiring the third party contractor to extend applicable requirements to its subcontractors to the lowest tier necessary. When the third party contract requires the third party contractor to undertake responsibilities for the Project usually performed by the Grantee, the requirements applicable to the Grantee imposed by the Master Agreement and the Agreement for the Project must be included in that third party contract and extended throughout each tier to the extent appropriate. Additional guidance pertaining to third party contracting is contained in the FT A's "Best Practices Procurement Manual." FTA cautions, however, that its "Best Practices Procurement Manual" focuses mainly on third party procurement processes and may omit certain other federal requirements applicable to the work to be performed. (b) Subagreements. Because Project activities performed by a subrecipient must be carried out in accordance with federal requirements, the Grantee agrees to include appropriate clauses in each sub agreement stating the subrecipient's responsibilities under federal law, regulation, or directive, including any necessary provisions requiring the subrecipient to impose applicable federal requirements on other Project participants to the lowest tier necessary. When the subagreement requires the subrecipient to undertake primary responsibilities for the Project usually performed by the Grantee, the requirements applicable to the Grantee imposed by the Agreement for the Project must be included in that subagreement and extended throughout each tier to the extent appropriate. B. No Government Obligations to Third Parties. The Grantee agrees that, absent the Government's express written consent, the Government shall not be subject to any obligations or liabilities to any subrecipient, third party contractor, or other person not a party to the Agreement in connection with the performance of the Project. Notwithstanding that the Government may have concurred in or approved any solicitation, sub agreement, or third party contract, the Government has no obligations or liabilities to any party, including any subrecipient or third party contractor. Section 24-3. Ethics M:\databases\ctap\FT A_IDOT Certifications 3 142007 .DOC 31 A. Code of Ethics. The Grantee agrees to maintain a written code or standards of conduct that shall govern the performance of its officers, employees, board members, or agents engaged in the award. or administration of third party contracts or subagreements supported by federal assistance. The code or standards of conduct must provide that the Grantee's officers, employees, board members, or agents may not solicit or accept gratuities, favors, or anything of monetary value from any present or potential third party contractor or subrecipient or agent. The Grantee may set minimum rules for insubstantial financial interests or gifts of unsolicited items of nominal intrinsic value. The code or standards of conduct must prohibit the Grantee's officers, employees, board members, or agents from using their positions in a manner that creates a real or apparent personal or organizational conflict of interest or personal gain. The code or standards of conduct must include penalties, sanctions, or other disciplinary actions for violations by the Grantee's officers, employees, board members, or agents, or by the Grantee's third party contractors or subrecipients or their agents as permitted by State or local law or regulations. (1) Personal Conflicts of Interest. The Grantee's code or standards of conduct shall prohibit the Grantee's employees, officers, board members, or agents from participating in the selection, award, or administration of any third party contract or subagreement supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family; partner; or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. (2) Organizational Conflicts of Interest. The Grantee's code or standards of conduct must include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third party contractor or subrecipient or impair its objectivity in performing the contract work. B. Debarment and Suspension. The Grantee agrees to comply, and assures the compliance of each third party contractor and subrecipient at any tier, with Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 V.S.C. 9 6101 note, and V.S. DOT regulations, "Govemmentwide Debarment and Suspension (Nonprocurement)," within 49 C.F.R. Part 29. Section 24-4. Accounting Records A. Proiect Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts, or separate accounts within the framework of an established accounting system, that can be identified with the Project, consistent with applicable federal regulations and other requirements that the R T A or the FT A may impose. The Grantee agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project shall be clearly identified, readily accessible and available to the RTA or the FT A upon its request, and, to the extent feasible, kept separate from documents not related to the Project. B. Funds Received or Made Available for the Proiect. The Grantee agrees to deposit in a M:\databases\ctap\FT A_IDOT Certifications 3 142007.DOC 32 financial institution all advance Project payments it receives from the RTA or the federal Government and record in the Project account all amounts provided by the RTA or by the Federal Government in support of the Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project (Project funds) consistent with applicable federal regulations and other requirements the RTA or the FTA may impose. Use of financial institutions owned at least 50 percent by minority group members is encouraged. C. Documentation of Proiect Costs and Program Income. The Grantee agrees to support all costs charged to the Project, including any approved services contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The Grantee also agrees to maintain accurate records of all program income derived from Project implementation, except certain income determined by FT A to be exempt from the general federal program income requirements. Section 24-5. Record Retention and Access A. Record Retention. The Grantee agrees to maintain intact and readily accessible all data, documents, reports, records, contracts, and supporting materials relating to the Project as the Government may require during the course of the Project and for three years thereafter. B. Access to Records of Grantees and Subrecipients. Upon request, the Grantee agrees to permit, and require its subrecipients to permit, the U.S. Secretary of Transportation, the Comptroller General of the United States, and, to the extent appropriate, the State, the RT A, or their authorized representatives, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subrecipients pertaining to the Project. Section 24-6. Civil Rights A. Equal Employment Opportunity. The Grantee agrees to comply, and assures the compliance of each third party contractor and each subrecipient at any tier of the Project, with all equal employment opportunity (EEO) requirements of Title VII of the Civil Rights Act of 1964, as amended, 42 V.S.C. ~ 2000e, and 49 V.S.C. ~ 5332 and any implementing requirements FTA may issue. Those EEO requirements include, but are not limited to, the following: (1) General Requirements. The Grantee agrees as follows: (a) The Grantee agrees that it will not discriminate against any employee or Grantee for employment because of race, color, creed, sex, disability, age, or national origin. The Grantee agrees to take affirmative action to ensure that Grantees are employed and that employees are treated during employment without regard to their race, color, creed, sex, disability, age, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee also agrees to comply with any implementing requirements FT A may issue. M:\databases\ctap\FTA_IDOT Certifications 3 142007.DOC 33 (b) If the Grantee is required to submit and obtain Federal Government approval of its EEO program, that EEO program approved by the Federal Government is incorporated by reference and made part of the Agreement. Failure by the Grantee to carry out the terms of that EEO program shall be treated as a violation of the Agreement. Upon notification to the Grantee of its failure to carry out the approved EEO program, the RTA or the Federal Government may impose such remedies as it considers appropriate, including termination of federal financial assistance in accordance with the Agreement, or other measures that may affect the Grantee's eligibility to obtain future federal financial assistance for transportation Projects. B. Disadvantaged Business Enterprise. To the extent required by federal law, regulation, or directive, the Grantee agrees to take the following measures to facilitate participation by disadvantaged business enterprises (DBE) in the Project: ; (1) The Grantee agrees and assures that it will comply with TEA-21 ~ 1101(b), 23 U.S.C. ~ 101 note, and U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. Part 26. (2) The Grantee agrees and assures that it shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of any third party contract, or subagreement supported with Federal assistance derived from U.S. DOT or in the administration of its DBE program and will comply with the requirements of 49 C.F.R. Part 26. The Grantee agrees to take all necessary and reasonable steps set forth in 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of all third party contracts and subagreements supported with federal assistance derived from U.S. DOT. As required by 49 C.F.R. Part 26 and approved by U.S. DOT, the Grantee's DBE program is incorporated by reference and made part of the Agreement. The Grantee agrees that implementation of this DBE program is a legal obligation, and that failure to carry out its terms shall be treated as a violation of the Agreement. Upon notification by U.S. DOT to the Grantee of its failure to implement its approved DBE program, U.S. DOT may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. ~ 1001, and/or the Program Fraud Civil Remedies Act, 31 U.S.C. ~~ 3801 et seq. C. Access Requirements for Persons with Disabilities. The Grantee agrees to comply with all applicable requirements of the following regulations and any subsequent amendments thereto: (1) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35; (2) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; (3) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19; (4) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; M:\databases\ctap\FT A_IDOT Certifications 3 14 2007.DOC 34 (5) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F .R. Part 64, Subpart F; (6) FT A regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F .R.. Part 609; and (7) Any implementing requirements FT A may issue. D. Access to Services for Persons with Limited English Proficiency. The Grantee agrees to comply with the policies of Executive Order No. 13166,"Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. ~ 2000d-1 note, and with the provisions of U.S. DOT Notice, "DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries," 66 Fed. Reg. 6733 et seq., January 22, 2001. E. Environmental Justice. The Grantee agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," 42 U.S.C. ~ 4321 note. F. Other Nondiscrimination Statutes. The Grantee agrees to comply with all applicable requirements of any other federal laws and regulations prohibiting discrimination that may apply to the Project. Section 24-7. Procurement A. Clean Air and Clean Water. The Grantee agrees to include in each third party contract, subgrant, and sub agreement exceeding $100,000 adequate provisions to ensure that Project participants report the use of facilities placed or likely to be placed on U.S. Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," that it will not use violating facilities, report violations to FTA and the Regional U.S. EPA Office, and that it will comply with the inspection and other applicable requirements of: (1) Section 306 of the Clean Air Act, as amended, 42 U.S.C. ~ 7414, and other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. ~~ 7401, 7671q; and (2) Section 508 of the Clean Water Act, as amended, 33 U.S.C. ~ 1368, and any other applicable requirements of the Clean Water Act, as amended, 33 U.S.C. ~~ 1251-1377. B. Access to Third Party Contract Records. The Grantee agrees to require its third party contractors and third party subcontractors, at as many tiers of the Project as required, to provide to the RT A, the U.S. Secretary of Transportation and the Comptroller General of the United States or their duly authorized representatives, access to all third party records as requested to conduct audits and inspections related to any third party contract that has not been awarded on the basis of competitive bidding for a capital or improvement Project, as required by 49 U.S.C. ~ 5325(a). The Grantee further agrees to require its third party contractors and third party M:\databases\ctap\FT A_IDOT Certifications 3 14 2007.DOC 35 subcontractors, at as many tiers of the Project as required, to provide sufficient access to third party procurement records as needed for compliance with federal regulations or to assure proper Project management as determined by the FT A or the R T A. C. Electronic and Information Technology. When using federal financial assistance to procure reports or information to be delivered to the Grantee for distribution to FT A, among others, the Grantee agrees to include in its specifications a requirement that the reports or information will be prepared using electronic or information technology capable of assuring that, when provided to the R T A or the FT A, the reports or information will meet the applicable accessibility standards of section 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. ~ 794d, and U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194, and any amendments thereto. Section 24-8. Patent Rights. A. General. If any invention, improvement, or discovery by the Grantee or any of its third party contractors or subrecipients at any tier of the Project is conceived or first actually reduced to practice in the course of or under the Project, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Grantee agrees to notify the RT A immediately and provide a detailed report in a format satisfactory to the RTA. B. Federal Rights. The Grantee agrees that its rights and responsibilities, and those of each third party contractor and each subrecipient at any tier of the Project, pertaining to that invention, improvement, or discovery will be determined in accordance with applicable federal laws, regulations, including any waiver thereof. Absent a determination in writing to the contrary by the Federal Government, the Grantee agrees to transmit to FTA those rights due the Federal Government in any invention, improvement, or discovery resulting from that third party contract or subcontract as specified in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401 (implementing 35 U.S.C. ~~ 200 et seq.), irrespective of the status of the Grantee, subrecipient, or third party contractor at any tier of the Project (i.e., a large business, small business, State government or State instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.) Section 24-9. Rights in Data and Copyrights. A. Definition. The term "subject data," as used in this Section 24-9 means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the Agreement. Examples include, but are not limited to: computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information. "Subject data" does not include financial reports, cost analyses, or similar information used for Project administration. B. Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of the Agreement: M:\databases\ctap\FT A _!DOT Certifications 3 14 2007.DOC 36 (1) Except for its own internal use, the Grantee may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Grantee authorize others to do so without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public. (2) The restriction on publication of Subsection 24-9.b(1) of these Certifications and Assurances, however, does not apply to an agreement with an institution of higher learning. C. Federal Rights in Data and Copyrights. The Grantee agrees to provide to the Federal Government a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for Federal Government purposes the subject data described in Subsections 24-9.C(I) and 24-9.C(2) of these Certifications & Assurances. As used herein, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not provide or otherwise extend to other parties the Federal Government's license to: (1) Any subject data developed under the Agreement, or under a third party contract or sub agreement financed by the Agreement, whether or not a copyright has been obtained; and (2) Any rights of copyright to which a Grantee, subrecipient, or a third party contractor purchases ownership with federal assistance. D. Special Federal Rights in Data for Research. Development. Demonstration. and Special Studies (Planning) Proiects. In general, FTA's purpose in providing financial assistance for a special studies (planning), research, development, or demonstration Project is to increase transportation knowledge, rather than limit the benefits of the Project to participants in the Project. Therefore, unless FT A determines otherwise, the Grantee of financial assistance to support a research, development, demonstration, or a special studies (planning) Project agrees that, in addition to the rights in data and copyrights of Subsection 24-9.c of these Certifications & Assurances, FT A may make available to any FT A recipient, subrecipient, third party contractor, or third party subcontractor, either FT A's license in the copyright to the subject data or a copy of the subject data. If the Project is not completed for any reason whatsoever, all data developed under the Project shall become subject data as defined in Subsection 24-9.a of these Certifications & Assurances and shall be delivered as the Federal Government may direct. This Subsection 24.9.d of these Certifications & Assurances, however, does not apply to adaptations of automatic data processing equipment or programs for the Grantee's use when the costs thereof are financed with federal funds for capital Projects. E. Hold Harmless. Except as prohibited or otherwise limited by State law, upon request by the Federal Government, the Grantee agrees to indemnify, save, and hold harmless the Federal Government and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be required to indemnify the Federal M:\databases\ctap\FT A _IDOT Certifications 3 14 2007.DOC 37 Government for any such liability caused by the wrongful acts of federal employees or agents. F. Restrictions on Access to Patent Rights. Nothing in this Section 24-7 pertaining to rights in data shall imply a license to the Federal Government under any patent or be construed to affect the scope of any license or other right otherwise granted to the Federal Government under any patent. G. Data Developed Without Federal Funding or Support. In connection with the Project, the Grantee may find it necessary to provide data developed without any federal funding or support to the Federal Government. The requirements of Subsections 24-7.B, 24-7.C and 24-7.D of these certifications and assurances do not apply to data developed without federal funding or support, even though that data may have been used in connection with the Project. Nevertheless, the Grantee understands and agrees that the Federal Government will not be able to protect data from unauthorized disclosure unless that data is clearly marked "Proprietary" or "Confidential." H. Statutory Requirements to Release Data. To the extent required by V.S. DOT regulations, "Vniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations," at 49 C.F.R. ~ 19.36(d), or by subsequent federal laws or regulations, the Grantee understands and agrees that the data and information it submits to the Federal Government may be required to be released in accordance with the provisions of the Freedom of Information Act (or another federal statute providing access to such records). Section 24-10. Employee Protection A. Activities Not Involving Construction. The Grantee agrees to comply, and assures the compliance of each third party contractor and each subrecipient at any tier of the Project, with the employee protection requirements for nonconstruction employees of the Contract Work Hours and Safety Standards Act, as amended, 40 V.S.C. ~~ 3701 et seq., in particular the wage and hour requirements of section 102 of that Act at 40 V.S.C. ~ 3702, and with V.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. Section 24-11. Environmental Requirements The Grantee recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to the Project. Some, but not all, of the major federal laws that may affect the Project include: the National Environmental Policy Act of 1969, as amended, 42 V.S.C. ~~ 4321-4335; the Clean Air Act, as amended, 42 V.S.C. ~~ 7401-7671q and scattered sections of 29 V.S.C.; the Clean Water Act, as amended, 33 V.S.C. ~~ 1251-1377; the Resource Conservation and Recovery Act, as amended, 42 V.S.C. ~~ 6901- 6992k; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 V.S.C. ~~ 9601- 9675. The Grantee also recognizes that V.S. EPA, FHWA and other federal agencies have issued, and in the future are expected to issue, regulations, guidelines, standards, orders, directives, or other requirements that may affect the Project. Thus, the Grantee agrees to M:\databases\ctap\FT A_lOOT Certifications 3 142007.DOC 38 comply, and assures the compliance of each subrecipient and each third party contractor, with any such federal requirements as the Federal Government may now or in the future promulgate. Listed below are environmental requirements of particular concern to FT A and the Grantee. The Grantee agrees that those laws and regulations may not constitute the Grantee's entire obligation to meet all federal environmental and resource conservation requirements. A. Environmental Protection. The Grantee agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. ~~ 4321-4335; Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 U.S.C. ~ 4321 note; FTA statutory requirements at 49 U.S.C. .~ 5324(b); U.S. Council on Environmental Quality regulations imposing requirements for compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500-1508; joint FHWAlFTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622. B. Air Quality. The Grantee agrees to comply with all applicable regulations, standards, orders, and requirements implementing the Clean Air Act, as amended, 42 U.S.C. ~~ 7401-7671q. In addition: (1) The Grantee agrees to comply with the applicable requirements of the U.S. EPA regulations, "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act," 40 C.F.R. Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 C.F.R. Part 93. To support the requisite air quality conformity finding for the Project, the Grantee agrees to implement each air quality mitigation or control measure incorporated in the Project. The Grantee further agrees that any Project identified in an applicable State Implementation Plan as a Transportation Control Measure will be wholly consistent with the design concept and scope of the Project described in the State Implementation Plan. (2) U.S. EPA also imposes requirements implementing the Clean Air Act, as amended, that may apply to transit operators, particularly operators of large transit bus fleets. Accordingly, the Grantee agrees to comply with the following U.S. EPA regulations to the extent they apply to the Project: "Control of Air Pollution from Mobile Sources," 40 C.F.R. Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines," 40 C.F.R. Part 86; and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600. (3) The Grantee agrees to comply with the notification of violating facility requirements of Executive Order No.. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. ~ 7606 note. C. Clean Water. The Grantee agrees to comply with all applicable regulations, standards, or orders issued pursuant to the Clean Water Act, as amended, 33 U.S.c. ~~ 1251-1377. In addition: M:\databases\ctap\FTA_IDOT Certifications 314 2007.DOC 39 (1) The Grantee agrees to protect underground sources of drinking water as required by the Safe Drinking Water Act of 1974, as amended, 42 D.S.C. ~~ 300f-300j-6. (2) The Grantee agrees to comply with the notification of violating facility requirements of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 D.S.C. ~ 7606 note. D. Historic Preservation. The Grantee agrees to encourage and compliance with the federal historic and archaeological preservation requirements of section 106 of the National Historic Preservation Act, as amended, 16 D.S.C. ~ 470f; Executive Order No. 11593, "Protection and Enhancement of the Cultural Environment," 16 V.S.C. ~ 470 note; and the Archaeological and Historic Preservation Act of 1974, as amended, 16 D.S.C. ~~ 469a-469c, as follows: (1) In accordance with u.S. Advisory Council on Historic Preservation regulations, "Protection of Historic and Cultural Properties," 36 C.F.R. Part 800, the Grantee agrees to consult with the State Historic Preservation Officer concerning investigations to identify properties and resources included in or eligible for inclusion in the National Register of Historic Places that may be affected by the Project, and agrees to notify the RTA or the FTA of those properties that are affected. (2) The Grantee agrees to comply with all federal requirements to avoid or mitigate adverse effects on those historic properties. E. Mitigation of Adverse Environmental Effects. Should the proposed Project cause or result in adverse environmental effects, the Grantee agrees to take all reasonable measures to minimize the impact of those adverse effects, as required by 49 D.S.C. ~ 5324(b), and other applicable federal laws and regulations, including joint FHW A/FT A regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622. The Grantee agrees to comply with all environmental mitigation measures identified as commitments in applicable environmental documents, such as environmental assessments, environmental impact statements, memoranda of agreement, and other documents required by 49 V.S.C. ~ 303, and with any conditions imposed by the Federal Government in a finding of no significant impact or record of decision. The Grantee agrees that those mitigation measures are incorporated by reference and made part of the Agreement. The Grantee also agrees that any deferred mitigation measures will be incorporated by reference and made part of the Agreement as soon as an agreement with the Federal Government is reached. The Grantee understands and agrees that those mitigation measures that have been agreed upon may not be modified or withdrawn without the express written approval of the Federal Government. Section 24-12. Substance Abuse. The Grantee agrees to comply with the following federal substance abuse regulations: a. Drug-Free Workplace. D.S.DOT regulations, "Governmentwide Requirements for Drug- Free Workplace (Financial Assistance), 49 C.F.R. Part 32, implementing the Drug-Free M:\databases\ctap\FT A_IDOT Certifications 3 14 2007.DOC 40 Workplace Act of 1988,41 U.S.C. .~~ 701 et seq. b. Alcohol Misuse and Prohibited Drug Use. FT A regulations, "Prevention of Alcohol Misuse and Prohibited Drug Vse in Transit Operations," 49 CFR Part 655, to the extent applicable. Section 24-13. Seat Belt Use In accordance with Executive Order No. 13043, "Increasing Seat Belt Use in the United States," 23 V.S.C. ~ 402 note, the Grantee is encouraged to adopt on-the-job seat belt use policies and programs for its employees that operate company-owned, rented, or personally-operated vehicles and include this provision in third party contracts and subcontracts, and subagreements financed with federal assistance awarded for the Project. Section 24-14. Special Provision for Urbanized Area Formula Projects. A. Reporting Requirements. For each fiscal year, the Grantee agrees to conform, and assures that any transit operator to which the Grantee provides funds authorized by 49 V.S.C. 5307 will conform, to the reporting system and the uniform system of accounts and records required by 49 U.S.C. ~ 5335(a) for FTA's national transit database and FTA regulations, "Uniform System of Accounts and Records and Reporting System," 49 C.F.R. Part 630. xxv. IDOT CERTIFICATIONS AND ASSURANCES Section 25-1. Procurement A. Contracts - The RTA reserves the right to approve all contracts for goods, property, and services that exceed $10,000 before the Grantee executes or obligates itself to these contracts. Any of these contracts or their subcontracts shall contain and comply with all of the contract clauses pursuant to FTA Circular 4220.1E and 49 CFR Parts 18.36, 19.40- 19.48. The Grantee shall follow state and federal law and procedures (and local policies not inconsistent with them) when awarding and administering contracts. The Grantee agrees to give each contract full opportunity for free, open, and competitive procurement as state law requires. B. Exclusionary or Discriminatory Specifications - Apart from inconsistent requirements that federal and state law impose, the Grantee and its contractors will agree that it will not use federal or state funds to support procurement utilizing exclusionary or discriminatory specifications and will comply with 49 V.S.C. Section 5323(h)(2). C. Buy America - Each third-party contract (valued at more than $100,000 for Construction and Acquisition of Goods or Rolling Stock), which uses FT A assistance must conform with 49 V.S.C. Section 5323(j), and FTA regulations, "Buy America Requirements," 49 CFR Part 661. The Grantee will include the applicable Buy America Certifications and will incorporate its provisions as a part of every relevant third-party contract. D. Geographic Restrictions - The Grantee and its contractors agree to refrain from using state or local geographic preferences, except for those which federal statutes expressly mandate or encourage and those that the R T A, IDOT and the FT A permit. M:\databases\ctap\FT A_lOOT Certifications 3 14 2007.DOC 41 E. Third-Party Disputes or Breaches - The Grantee agrees to pursue all legal rights available to it when enforcing or defending any third-party contract. The RTA, IDOT and the FTA reserve the right to concur in any compromise or settlement of any third-party contract claim involving the Grantee. The Grantee will notify the RTA, IDOT and the FTA of any current or prospective major dispute concerning any third-party contract. If the Grantee seeks to name the Government as a litigant, the Grantee agrees to inform the RTA, IDOT and the FT A beforehand. The Government retains a right to a proportionate share of any proceeds derived from any third-party recovery. Unless the Government permits otherwise, the Grantee will credit the Project Account with any recovered liquidated damages. Nothing in here shall waive or intend to waive IDOT or the FTA's immunity to suit. Section 25-2. Ethics Bribery - Non-governmental Grantees and third-party contractors shall certify that they have not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or local government. They also certify that they have not admitted guilt of such conduct which is a matter of record, nor do they have an official, agent, or employee who has committed bribery or attempted bribery on the firm's behalf under the direction or authorization of one of the Grantee's responsible officials. They also certify that they have not been barred from contracting with a State or local governmental unit as a result of a violation of Section 33E-3 or 33E-4 of the Illinois Criminal Code. Section 25-3. Indemnification and Insurance The Grantee agrees to save harmless and indemnify the Government, and its officials, employees, and agents, from any and all losses, expenses, damages (including loss of use), demands, suits, and claims and shall defend any suit or action, brought at law or in equity, based on any alleged injury (including death) or damage arising from actions or inactions of the Grantee and the Grantee's employees, officers, agents, and contractors (and their subcontractors), and shall pay all damages, judgments, costs, fees and expenses, including attorney's fees, incurred by the Government and its officials, employees, and agents concerning this Project. The Grantee agrees that it will maintain or cause to be maintained for the Project's duration, these self-insurance or insurance policies to protect the Grantee from any property damage or bodily injury claims, including death, which may arise from or regard the operations, actions, and/or inactions hereunder by the Grantee, or by anyone that the Grantee directly or indirectly employed or had associated. The Grantee shall also furnish the RTA with certificate(s) evidencing all such required insurance coverage, with the Government named as an additional insured and protected party, where appropriate. The Grantee's cost for this insurance shall not be an item of eligible Project Cost. Section 25-4. Independence of Grantee The Grantee or any of its employees, agents, contractors, or subcontractors shall never be considered agents or employees of the RTA, IDOT, the FTA, the US DOT, or State of Illinois. The Grantee also agrees that none of its employees, agents, contractors, or subcontractors will hold themselves out as, or claim to be, the Government's agents, officers, or employees and will not by reason of any relationship with the Grant make any claim or demand to, or apply for, any right or privilege applicable to an agent, officer or employee of the Government, including but not limited to, rights and privileges concerning workmen's compensation and occupational M:\databases\ctap\FT A _ IDOT Certifications 3 14 2007.DOC 42 diseases coverage, unemployment compensation benefits, Social Security coverage, or retirement membership or credit. Section 25-5. Civil Rights A. Federal EQual Employment Opportunity - The Grantee agrees to include the following requirements, which apply to this Project, in each contract and subcontract financed wholly or partly with the FTA's assistance: 1. General Requirements: The Grantee agrees as follows: a. Discrimination Prohibited - Under 42 U.S.C. Section 2000e and 49 U.S.C. Section 5332, the Grantee agrees to comply with applicable Federal statutes, executive orders, regulations, and Federal policies, including the U.S. Department of Labor regulations entitled, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Part 60 et seq., (which implement E.O. No. 11246, "Equal Employment Opportunity," as amended by E.O. No. 11375 and "Amending E.O. No. 11246, 'Relating to Equal Employment Opportunity,"') that may in the future affect construction activities that are undertaken in the course of this Project. The Grantee agrees to take affirmative action to ensure that Grantees are employed, and that employees are treated during their employment, without regard to race, color, creed, sex, age, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation; and selection for training, including apprenticeship. The Grantee also agrees to comply with any implementing requirements that the FT A may issue. B. Illinois Human Rights Act - The Grantee shall comply with the "Equal Employment Opportunity Clause" that the Illinois Department of Human Rights requires. It is understood that the term, "contractor," shall also mean "Grantee." The Equal Employment Opportunity Clause reads as follows and shall apply to the Project: The Grantee may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, if the Grantee fails to comply with any provisions of the Illinois Equal Employment Opportunity Clause and/or the Illinois Human Rights Act Rules and Regulations of the Illinois Department of Human Rights (hereinafter "Department" for this subsection only). The Agreement may be wholly or partly canceled or voided and other sanctions or penalties may be imposed or remedies invoked as statutes or regulations have provided. During the Grantee's performance of the Agreement, the Grantee agrees as follows: 1. That it will not discriminate against any employee or Grantee for employment because of race, color, religion, sex, national origin, sexual orientation, ancestry, age, physical or mental handicap unrelated to ability, or unfavorable discharge from military service. It will also examine all job classifications to determine if minorities or women are underutilized and take appropriate affirmative action to rectify any underutilization. 2. That, if it hires additional employees to perform this contract or any portion of it, the Grantee will determine the availability (under the Department's Rules and Regulations) of minorities and women in area(s) where it may reasonably recruit M:\databases\ctap\FT A_lOOT Certifications 3 14 2007.DOC 43 and hire for each job classification that employees are hired, in a way that minorities and women are not underutilized. 3. That the Grantee will state that all Grantees will be given equal opportunity without discrimination based on color, race, religion, sex, national origin, sexual orientation, ancestry, physical or mental handicap unrelated to ability, or unfavorable discharge' from military service in all solicitations or advertisements for employees placed by it or on its behalf. 4. That the Grantee will send a notice to each labor organization or workers' representative that has a collective bargaining agreement or other agreement or understanding that binds the Grantee, to advise them of the Grantee's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If a labor organization or representative fails or refuses to cooperate with the Grantee in its efforts to comply with the aforementioned Act and Rules and Regulations, the Grantee will promptly notify the Department and the contracting agency and recruit employees from other sources when necessary to fulfill its obligations thereunder. 5. That the Grantee will submit reports that the Department's Rules and Regulations have required, furnish all relevant information that the Department or contracting agency may request from time-to-time, and fully comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 6. That the Grantee will allow the contracting agency and Departmental personnel to access all relevant books, records, accounts, and work sites to determine its compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 7. That it will include this section's provisions verbatim or by reference in every subcontract it awards, under which any portion of the contract obligations are undertaken or assumed, so that these provisions will bind the subcontractors. In the same manner as with other provisions of these Certifications & Assurances, the Grantee will be liable for its subcontractors' compliance with 'this clause's applicable provisions and will promptly notify the RTA and IDOT if any subcontractor fails or refuses to comply with these provisions. The Grantee will also not use any subcontractor that the Illinois Human Rights Commission declares ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. C. Disadvantaged Business Enterprise ("DBE") - To the extent required by federal law, regulation, or directive, the RTA encourages all of its grantees to make a good-faith effort to contract with "DBEs." Grantees who receive more than the minimal federal assistance threshold (currently $250,000 in FT A capital and operating funds, exclusive of funds for transit vehicles purchases, see 49 CFR Part 26.67, or $100,000 in planning funds) agree to facilitate participation of disadvantaged business enterprises (DBE) as follows: 1. The Grantee agrees to comply with current U.S. DOT regulations at 49 CFR Part 26, including any amendments thereto that may be issued during the term of the Agreement. 2. The Grantee agrees that it shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. DOT-assisted M:\databases\ctap\FTA_IDOT Certifications 314 2007,DOC 44 contract. The Grantee agrees to take all necessary and reasonable steps under 49 CFR Part 26 to ensure that eligible DBEs have the maximum feasible opportunity to participate in U.S. DOT-assisted contracts. The Grantee DBE program, if required by 49 CFR Part 26 and as approved by U.S. DOT, is incorporated by reference into the Agreement. Implementation of this program is a legal obligation, and the RTA shall treat failure to carry out its terms as a violation of the Agreement. Upon notification to the Grantee of its failure to carry out its approved program, U.S. DOT may impose sanctions as provided for under 49 CFR Part 26. 3. The Grantee agrees to include the following clause in all of its agreements and in of its third party contracts funded wholly or partly with Governmental assistance: "The Grantee or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this (contract or agreement). The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of U.S. DOT assisted (contracts or agreements). Failure by the (contractor, or subcontractor) to carry out these requirements is a material breach of the (contract or agreement), that may result in the termination of this (contract or agreement) or such other remedy as the RTA deems appropriate. " D. Disabilities 1. Access Requirements for Individuals with Disabilities - The Grantee agrees to comply with and assure the RT A that any third party contractor under this Project complies with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA); 42 U.S.C. Section 12101 et seq.; 49 U.S.C. Section 5301(d); Section 504 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. Section 794; Section 16 of the Federal Transit Act, as amended; 49 U.S.C. App. Section 1612; Architectural Barriers Act, as amended; 42 U.S.C. Section 4151 et seq.; and the . following regulations and any amendments thereto: a) DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; b) DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38; Section 25-6. Substance Abuse/Drug Free Workplace The Grantee agrees to comply with the Illinois (30 ILCS 580/1 et seq.) and U.S. DOT Drug Free Workplace Acts; U.S. DOT regulations entitled, "Drug-Free Workplace Requirements (Grants)," 49 CFR Part 29 Subpart F, as modified by 41 U.S.C. Section 702, et seq.; when promulgated, U.S. DOT regulation, "Government-wide Requirements for Drug Free Workplace (Grants)," 49 CFR Part 32; and other U.S. DOT and FT A regulations and guidance pertaining to substance abuse (drugs and alcohol) that may be promulgated. If applicable, the Grantee also agrees to comply with all aspects of the anti-drug program outlined in the "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations" regulation, 49 CFR Part 655, the "Procedures for Transportation in Workplace Drug and Alcohol Testing Program, as revised December 19,2000" regulation, 49 CFR Part 654, and to require M:\databases\ctap\FTA_IDOT Certifications 314 2007.DOC 45 contractors and subcontractors, when applicable under 49 U.S.C. Section 5331 and 49 CFR Part 655, to do the same. Section 25-7. Environmental Requirements The Grantee recognizes that many federal and state statutes, which impose environmental, resource conservation, and energy requirements, may apply to the Project. Accordingly, the Grantee agrees to adhere to, and impose on its third party contractors, any federal and state requirements that the Government may now or in the future promulgate. The Grantee expressly understands that the following list does not constitute the Grantee's entire obligation to meeting federal requirements. A. Environmental Protection - To the extent applicable, the Grantee agrees to comply with the requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. Section 4321 et seq.; Section 14 of the Federal Transit Act, as amended, 49 U.S.C. App. Section 1610; the Council on Environmental Quality regulations, 40 CFR Part 1500 et seq. ; and the joint FHW A/FT A regulations, "Environmental Impact and Related Procedures," 23 CFR Part 771 and 49 CFR Part 622. B. Air Ouality - The Grantee agrees to comply with applicable requirements of the following Environmental Protection Agency (EP A) regulations: "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Act," 40 CFR Part 51 Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 CFR Part 93. To support this Project's requisite air quality conformity finding, the Grantee agrees to implement each air quality mitigation and control measure incorporated in the Project. The Grantee agrees that any Project that is identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure, will be wholly consistent with the description of the Project's design concept and scope set forth in the SIP. The EP A also imposes requirements pertaining to the Clean Air Act, as amended that may apply to transit operators, particularly operators of large transit bus fleets. Thus, the . Grantee should be aware that the following EP A regulations, among others, may apply to this Project: "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines," 40 CFR Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines: Certification and Test Procedures," 40 CFR Part 86; and "Fuel Economy of Motor Vehicles," 40 CFR Part 600. C. Use of Public Lands - To the extent applicable, no publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, state, or local significance as determined by federal, state, or local officials having jurisdiction thereof, or any land from a historic site of national, state, or local significance may be used for this Project, unless U.S. DOT has made specific findings required under 49 U.S.C. Section 303. D. Mitigation of Adverse Environmental Effects - Should the proposed Project cause adverse environmental effects, the Grantee agrees to take all reasonable steps to minimize such effects pursuant to 49 U.S.C. Section 5324, all other applicable statutes, and the procedures set forth in 23 CFR Part 771 and 49 CFR Part 622. E. Energy Conservation - The Grantee and its third party contractors at all tiers shall comply with applicable mandatory standards and policies relating to energy efficiency that are M:\databases\ctap\FTA_IDOT Certifications 3 142007.DOC 46 contained in applicable state energy conservation plans issued under the Energy Policy and Conservation Act, 42 V.S.C. Section 6321 et seq. F. Clean Water - For all contracts and subcontracts exceeding $100,000, Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Water Pollution Control Act, 33 V.S.C. Section 1251 et seq. G. Clean Fuels - To the extent applicable to the Grantee and its contractors and subcontractors, the Grantee shall comply with the requirements of the "Clean Fuels Formula Grant Program," 49 CFR Part 624 and any of the federal government other requirements, 49 V.S.C. Section 5308. Section 25-8. Privacy Should the Grantee, or any' of its third party contractors, or their employees, administer any system of records on behalf of the Federal or State Government, the Privacy Act of 1974, 5 V.S.C. Section 552a and 49 CFR Part 29 Subpart F, imposes information restrictions on the party managing the system of records. M:\databases\ctap\FTA_IDOT Certifications 314 2007.DOC 47 AGREEMENT FOR PROFESSIONAL AND CONSULTING SERVICES THIS AGREEMENT FOR PROFESSIONAL AND CONSULTING SERVICES (this "Agreement") is entered into this _ day of March, 2008, in the Village of Mount Prospect and the State of Illinois, by and between the Village of Mount Prospect, a municipal corporation and body politic existing under the laws of the State of Illinois (the "Village"), having offices located at 50 S. Emerson, Mount Prospect, Illinois 60056 and Tran Systems (the "Contractor"), having offices located at 222 S. Riverside Plaza, Suite 2320, Chicago, Illinois 60606. For and in consideration of the promises and agreements herein set forth, THE VILLAGE AND THE CONTRACTOR HEREBY AGREE: ARTICLE 1. CONTRACTOR'S SERVICES 1.1 Scope and Description of Services. The Contractor will perform for the benefit of the Village the services described in Exhibit A, which is attached hereto and incorporated herein (the "Services"). The Contractor must furnish all professional services, labor, materials, tools, equipment and supervision necessary or appropriate to fully perform the Services and all other duties and responsibilities of the Contractor pursuant to this Agreement. 1.2 Standard of Performance. The Contractor must perform all Services required of it under this Agreement in accordance with the practices, methods, standards, degree of judgment and skill that are ordinarily possessed and exercised by (and generally accepted as being appropriate for) nationally recognized professionals of good standing who are performing work which is of similar scope, nature and complexity as the Services (the "Professional Standard"). 1.3 Compliance with Laws. In the performance of the Services, the Contractor must comply, and must cause all Contractor Related Parties (as defined below) to comply, and must ensure that the Services comply, with all applicable federal, state and local laws, regulations, rules, ordinances, codes, permits, licenses, approvals, orders, declarations and decrees in effect from time to time (collectively, "Laws"). 1.4 Qualifications. The Contractor and any subcontractor, consultant, agent or other entity with which the Contractor contracts to perform a portion of the Services (collectively, the "Contractor Related Parties") must be suitably qualified and experienced to perform the Services in accordance with the requirements of this Agreement and the Professional Standard. To the extent required by any Laws, the Contractor and all Contractor Related Parties must be suitably licensed or certified to perform the Services. 1.5 Key Personnel. Prior to or upon execution of this Agreement, the Contractor shall inform the Village of the names of the key personnel of the Contractor (the "Key Personnel") who will perform or be responsible for supervising performance of the Services on behalf of the Contractor. The Contractor may not remove any Key Personnel from the Services without the prior written consent of the Village, unless such Key Personnel are no longer employed by or affiliated with the Contractor. Key Personnel may only be replaced with the prior written approval of the Village, which approval will not be unreasonably withheld. If so Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 1 of 1 requested by the Village, the Contractor must promptly replace any Key Personnel or Contractor Related Party if, in the opinion of the Village, the performance of such Key Personnel or Contractor Related Party is unsatisfactory. ARTICLE 2. TERMS OF PAYMENT FOR SERVICES 2.1 Contract Sum. The Contract Sum for the Contractor's performance of the Services (the "Contract Sum") shall be calculated as set forth in Exhibit B, which is attached hereto and incorporated herein, but in no event shall the Contract Sum exceed ONE HUNDRED TWENTY-FOUR THOUSAND SEVEN HUNDRED NINETY-FOUR DOLLARS AND 47/100 DOLLARS ($124,794.47). 2.2 Invoices. Each invoice for payment submitted by the Contractor must include (i) a detailed statement of all Services performed and reimbursable expenses incurred (to the extent applicable and approved by the Village) during the period since the last invoice; (ii) a list of all Contractor Related Parties with the itemized cost of their services detailed (if applicable); and (iii) payroll records, time cards, computer records, canceled checks, purchase orders, consulting contracts and such other backup documentation as the Village may reasonably request to substantiate the amounts properly owing to the Contractor. All invoices must be submitted by the first calendar day of the month to the Village to the attention of "Village of Mount Prospect". 2.3 Sworn Statements and Lien Waivers. To the extent required by applicable Law or requested by the Village, the Contractor must also submit to the Village (all in a form reasonably satisfactory to the Village) with each invoice a sworn statement setting forth all Contractor Related Parties retained by the Contractor in connection with the performance of the Services, together with a lien waiver from the Contractor and each such Contractor Related Party covering the amounts for which payment is then being sought. 2.4 Payment of Amounts Due. The Village will pay all amounts properly owing to the Contractor as set forth in each invoice within forty-five (45) days following receipt of such invoice. However, if the Village objects to all or any portion of any invoice, the Village will so notify the Contractor within twenty (20) days after receipt of such invoice, giving the Contractor reasons for the objection, and the Village will not pay that portion of the invoice which is in dispute. The Village will pay any portion of the invoice not in dispute within the preceding forty-five (45) day period. 2.5 Withholding Payment. Notwithstanding anything to the contrary herein contained, no compensation will be paid to or claimed by the Contractor for services required to correct deficiencies attributable to errors or omissions of the Contractor, and all such errors or omissions must be corrected by the Contractor at the Contractor's sole cost and expense. Notwithstanding anything to the contrary herein contained, the Village has the right to withhold from payment due the Contractor such sums as are reasonably necessary to protect the Village against any loss or damage which may result from: (i) the negligence of or unsatisfactory Services of the Contractor or Contractor Related Parties; (ii) the failure by the Contractor or any Contractor Related Parties to perform the Contractor's obligations hereunder; or (Hi) claims filed against the Village relating to the Services. Any sums withheld from the Contractor as provided in this Article, and subsequently determined to be due and owing to the Contractor, will be paid to the Contractor. Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 2 of2 2.6 Records. The Contractor's records relating to the Services must be kept in accordance with generally accepted principles of accounting consistently applied and must be retained by the Contractor for a period of not less than five (5) years following the completion of the Services. Such records must be available to the Village or any authorized representative of the Village, upon reasonable prior notice, for audit and review during normal business hours at the Village of Mount Prospect Village Hall, 50 S. Emerson, Mount Prospect, Illinois. In addition, such records must be available, upon reasonable prior notice, for audit and review by the Regional Transportation Authority ("RTA") the Illinois Department of Transportation ("IDOT") (if IDOT is providing funding for all or any portion of the Contract Sum), the Federal Transportation Administration (the "FTA") (if the FTA is providing funding for all or any portion of the Contract Sum) and any other governmental agency providing funding for all or any portion of the Contract Sum. ARTICLE 3. TIME FOR COMPLETION OF SERVICES 3.1 Term of Agreement. The term of this Agreement shall begin on the execution date of this agreement and end on May 15, 2009 (the "Term"). The Contractor must complete all Services within the Term. The Contractor must furnish such manpower, materials, facilities, and equipment and must work such hours, including overtime operations, as may be necessary to ensure the progress and completion of the Services within the Term. Time is of the essence in this Agreement. 3.2 Unavoidable Delay. If the Contractor is delayed in the delivery of the Services pursuant to this Agreement by an Excusable Event (as defined below) legitimately beyond its reasonable control, it must, immediately upon gaining knowledge of such Excusable Event, give written notice to the Village and request an extension of time for completion of this Agreement. The Village will examine the request and determine if the Contractor is entitled to an extension. The Village of Mount Prospect will notify the Contractor of the decision in writing, and that decision will be final and binding. By permitting the Contractor to proceed with the Services or any part of them, after such an extension, the Village in no way waives its rights, if any, under this Agreement, at law or in equity, if this Agreement has been completed by the date of any such extension. An "Excusable Event" is an act or neglect of the Village, a material change in the Services ordered by the Village, fire, unusual delay in deliveries, unavoidable casualties or other causes which are not reasonably foreseeable and are beyond the Contractor's reasonable control. 3.3 Progress Reports. The Contractor must prepare and submit monthly progress reports describing the Services performed in the prior month and anticipated to be performed in the following one-month period. ARTICLE 4. INDEPENDENCE OF CONTRACTOR; EMPLOYEES AND SUBCONTRACTORS 4.1 Independent Contractor. The Contractor is engaged by the Village only for the purpose and to the extent set forth in this Agreement, and the Contractor's status during the period of this engagement is that of an independent contractor and nothing herein will at any time be construed to create the relationship of employer and employee, principal and agent, partners, or joint ventures between the Village and the Contractor, or between the respective officers, directors, partners, managers, employees or agents of the Village and the Contractor. Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 3 of3 The Contractor will not be an employee or agent of the Village, nor claim to be acting as such, and will have no authority whatsoever to bind the Village waive any contractual requirements or make any statements or representations on behalf of the Village. 4.2 Responsibility for Employees. The Contractor is solely responsible for the compensation, benefits, contributions and taxes, if any, of all employees and Contractor Related Parties. The Contractor must at its own expense comply with all applicable workmen's compensation, unemployment insurance, employer's liability, tax withholding, minimum wage and hour, and other Laws. 4.3 Contracts with Contractor Related Parties. The Contractor will not contract with any Contractor Related Party for performance of a portion of the Services without first securing the Village's approval of the proposed Contractor Related Party. Each contract with a Contractor Related Party must: (a) require such Services to be performed in accordance with the requirements of this Agreement, including without limitation the requirements of all applicable Laws and the Professional Standard; (b) require the Contractor Related Party to agree to be bound by all the terms and conditions of this Agreement applicable to the Contractor and/or Contractor Related Parties; and (c) contain such other terms and conditions as the Village may reasonably request. The Contractor shall be responsible for payments to Contractor Related Parties out of the Contract Sum or other funds of the Contractor. ARTICLE 5. WARRANTIES AND REPRESENTATIONS In connection with the execution of this Agreement, the Contractor warrants and represents as follows: 5.1 Feasibility of Performance. The Contractor (i) has carefully examined and analyzed the provisions and requirements of this Agreement, including all Exhibits hereto; (ii) understands the nature of the Services required; (iii) from its own analysis has satisfied itself, to the extent reasonably possible, as to the nature of all things needed for the performance of this Agreement and all other matters that in any way may affect this Agreement or its performance; (iv) represents that this Agreement is feasible of performance in accordance with all of its provisions and requirements; and (v) can and will perform, or cause to be performed, the Services in accordance with the provisions and requirements of this Agreement. 5.2 Ability to Perform. The Contractor hereby represents and warrants to the Village, with the intention that the Village rely thereon in entering into this Agreement, that: (a) the Contractor is financially solvent; (b) the Contractor, and each Contractor Related Party, has the training, capability, experience, expertise, and licensing necessary to perform the Services in accordance with the requirements of this Agreement and the Professional Standard; (c) the Contractor possesses and will keep in force all required licenses, permits and accreditations to perform the Services; (d) the Contractor has full power to execute, deliver and perform this Agreement and has taken all necessary action to authorize such execution, delivery and performance; (e) the individual(s) executing this Agreement are duly authorized to sign the same on the Contractor's behalf and to bind the Contractor hereto; and (f) the Contractor will perform the Services described herein promptly, diligently and continuously with an adequate number of qualified personnel to ensure such performance. Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 4 of 4 5.3 Professional Standard. The Contractor hereby covenants and agrees that: (a) the Contractor will perform all Services described in this Agreement in accordance with the Professional Standard; and (b) all Developments (as defined below) will comply with the Professional Standard. 5.4 Ineligibility. The Contractor is not barred or ineligible and will not knowingly use the services of any Contractor Related Party barred or ineligible for contracts by any federal, state or local governmental agency or applicable Laws for any purpose in the performance of the Services. 5.5 Unauthorized Code. Any Developments in electronic form will be free, at the time of receipt by Village, of any computer virus, software locks or other such unauthorized code. Unauthorized code includes harmful programs or data incorporated into the software which destroys, erases, damages or otherwise disrupts the normal operation of the software or other programs, hardware or systems utilized by Village or allows for unauthorized access to the software or other programs, hardware or systems utilized by the Village. Unauthorized code also includes any mechanism, such as password checking, CPU serial number checking or time dependency, that could hinder Village's freedom to fully exercise its license rights under this Agreement. 5.6 Certifications. The certifications, assurances and statements made by the Contractor in the Federal Certifications and Assurances in Exhibit E and incorporated herein are true, accurate and complete as of the date hereof. The term "Grantee" in the Federal Certifications and Assurances shall be understood to mean "Contractor" for the purposes of this Agreement. ARTICLE 6. INSURANCE 6.1 Unless otherwise specified or required by the Village, the Contractor shall maintain such insurance as is customary and reasonable within the Contractor's industry for entities performing services similar to the Services, which insurance shall cover, at a minimum, all claims, whenever made, arising out of or in relation to the performance of or failure to perform the Services pursuant to this Agreement. The Contactor shall furnish certificates evidencing such insurance to the Village prior to commencement of the Services and shall promptly furnish to the Village notices of cancellation, renewal or non-renewal of such insurance. Such insurance must be kept in full force and effect until the date that all Services are complete and final payment for such Services is made. The Village and the RTA shall be named additional insured by the Contractor. ARTICLE 7. INDEMNIFICATION AND LIMIT A TION OF LIABILITY 7.1 General Indemnification. To the fullest extent permitted by law, the Contractor will indemnify, defend and hold harmless the Village, RTA, IDOT (ifIDOT is providing funding for all or any portion of the Contract Sum), the FT A (if the FT A is providing funding for all or any portion of the Contract Sum), any other governmental agency providing funding for all or any portion of the Contract Sum, and their officers, directors, employees, agents, affiliates and representatives, from and against any and all claims, demands, suits, liabilities, injuries (personal or bodily), property damage, causes of action, losses, expenses, damages or penalties, including, without limitation, court costs and attorneys' fees, arising or resulting from, or occasioned by or Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 5 of5 in connection with (i) the performance by the Contractor and any Contractor Related Parties of the Services and other duties and obligations under this Agreement, (ii) any act or omission to act by the Contractor, any Contractor Related Parties, anyone directly or indirectly employed by them, their agents or anyone for whose acts they may be liable, and/or (iii) any breach, default, violation or nonperformance by the Contractor of any term, covenant, condition, duty or obligation provided in this Agreement. This indemnification, defense and hold harmless obligation will survive the termination or expiration of this Agreement, whether by lapse of time or otherwise. This indemnification obligation will not be limited (i) by a limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any other party under workers' or workmen's compensation acts, disability benefit acts or other employee benefits acts, or (ii) pursuant to any common law or case law. 7.2 Indemnity for Intellectual Property Claims. In addition to the indemnification provided in Section 7.1, Contractor will indemnify, defend and hold harmless the Village, RTA, IDOT (ifIDOT is providing funding for all or any portion of the Contract Sum), the FTA (if the FT A is providing funding for all or any portion of the Contract Sum), any other governmental agency providing funding for all or any portion of the Contract Sum, and their officers, directors, employees, agents, affiliates and representatives, from and against any and all claims, demands, suits, liabilities, injuries, causes of action, losses, expenses, damages or penalties, including, without limitation, court costs and attorneys' fees, arising or resulting from, or occasioned by or in connection with any and all claims which are based upon or make the contention that any of the Developments or other materials supplied to the Village or used by the Village in the manner recommended by the Contractor, in whole or in part, constitute infringement of any copyright, trademark, patent, trade secret or other proprietary rights of any third party. This indemnification, defense and hold harmless obligation will survive the termination or expiration of this Agreement, whether by lapse of time or otherwise. This indemnification obligation will not be limited (i) by a limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any other party pursuant to any common law or case law. 7.3 No Liability for Consequential Damages. In no event will the Village be liable to the Contractor, whether such liability arises in tort, in equity or in contract, for incidental, indirect or consequential damages, including, but not limited to, loss of profits or revenue, loss of use of equipment or facilities, cost of capital, underutilization of equipment, facilities or labor, or downtime costs, except as provided in Section 12.5. 7.4 No Liability of Public Officials. No official, employee or agent of the Village will be charged personally by the Contractor, or by any assignee or Contractor Related Parties, with any liability or expenses of defense or be personally liable to them under any term or provision of this Agreement, or because of the Village's execution or attempted execution, or because of any breach hereof. 7.5 No Liability of Funding Agencies. RTA, IDOT, the FTA and any other governmental agencies providing funding to pay all or a portion of the Contract Sum will not be subject to any obligations or liabilities by or to the Contractor or Contractor Related Parties in connection with the Services, notwithstanding any concurrence in the retention or solicitation of the Contractor or Contractor Related Parties. ARTICLE 8. RIGHTS RECORDS, DEVELOPMENTS AND INTELLECTUAL PROPERTY Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 6 of6 8.1 Definition of Developments; Intellectual Property Rights. 1. All concepts, works, information, data, computer programs and other ideas and materials developed, invented, prepared or discovered by the Contractor or any of its employees, agents or Contractor Related Parties, either alone or in collaboration with others, which relate to the actual or anticipated activities, business or research of the Village, which result from or are suggested by the Services or any other work the Contractor or the Contractor Related Parties may do for the Village, or which result from use of the Village's premises or property (collectively, the "Developments") and any trademark, trade secret, copyright, patent, common law right, title or slogan or any other proprietary right ("Proprietary Rights") in such Developments will be the sole property of the Village, RTA, (and IDOT (to the extent mOT is providing funding for all or any portion of the Contract Sum), the FTA (to the extent the FTA is providing funding for all or any portion of the Contract Sum) and any other governmental agency providing funding for all or any portion of the Contract Sum (to the extent of such funding). The Contractor hereby assigns (and agrees to cause all Contractor Related Parties to assign) to the Village, RTA, (and IDOT (to the extent IDOT is providing funding for all or any portion of the Contract Sum), the FTA (to the extent the FTA is providing funding for all or any portion of the Contract Sum) and any other governmental agency providing funding for all or any portion of the Contract Sum (to the extent of such funding)) the Contractor's (or the Contractor Related Parties') entire right and interest in any such Development, and will execute (or cause the Contractor Related Parties to execute) any documents in connection therewith that the Village may reasonably request; provided that to the fullest extent permissible by applicable Law, any and all copyrightable aspects of the Developments will be considered "works made for hire." The Contractor agrees to enter into agreements with all of its Contractor Related Parties necessary to establish the Village's ownership in the Developments (and the ownership in the Developments of RTA (and the ownership in the Developments of IDOT (to the extent IDOT is providing funding for all or any portion of the Contract Sum), the FTA (to the extent the FTA is providing funding for all or any portion of the Contract Sum) and any other governmental agency providing funding for all or any portion of the Contract Sum (to the extent of such funding)), and the Contractor agrees to provide the Village with copies of such agreements if requested by the Village. The foregoing does not apply to any inventions that the Contractor made prior to the Contractor's retention by the Village, or to any inventions that the Contractor develops without using any of the Village's equipment, supplies, facilities or Confidential Information and that do not relate to the Services or the Village's business or research, or the Services the Contractor performs for the Village. The Contractor hereby grants to the Village, RTA, (and IDOT (to the extent IDOT is providing funding for all or any portion of the Contract Sum), the FT A (to the extent the FT A is providing funding for all or any portion of the Contract Sum) and any Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 7 of7 other governmental agency providing funding for all or any portion of the Contract Sum (to the extent of such funding)) a perpetual, irrevocable, non-exclusive right and license, with the right to sublicense, to use all materials, software, technology, data or other goods or services, that are not Developments but that are required to use fully and completely the Developments. The Contractor will provide to the Village materials that are not Developments only to the extent the Contractor has the right to make the foregoing license. 2. This Agreement will not preclude the Contractor from using its general knowledge, skills and experience for its other clients, provided that the Contractor does not use in connection therewith any Developments or Confidential Information 3. At all times during the term of this Agreement, upon request from the Village and upon termination or expiration of this Agreement, the Contractor will immediately provide to the Village the then-current version of any Developments in the Contractor's possession, indexed and arranged to the satisfaction of the Village. ARTICLE 9. CONFIDENTIALITY 9.1 Confidential Information. "Confidential Information" shall mean all information, whether in written, verbal, graphic, electronic or any other form, which is disclosed to or observed by the Contractor in the course of its performance of Services hereunder. Confidential Information will include Developments, business plans, forecasts, projections, analyses, Village employee and vendor information, software (including all documentation and codes), hardware and system designs, architectures and protocols, specifications, manufacturing, logistic and sale processes. 9.2 Use of Confidential Information. The Contractor (i) will use Confidential Information only in connection with Contractor's performance of the Services, and (ii) will not disclose Confidential Information except to the Contractor's employees and Contractor Related Parties to the extent such employees or Contractor Related Parties need to know such Confidential Information in connection with the performance of the Services. In addition to the requirements of the foregoing sentence, if the Contractor wishes to disclose Confidential Information to a Contractor Related Party, the Village must first consent to such disclosure and the Contractor Related Party must agree in writing to be bound by the terms and conditions of this Article 9, in a document satisfactory to the Village. The Contractor will be responsible and liable for any unauthorized disclosure, publication or dissemination by any party who obtained Confidential Information from the Contractor, including Contractor's employees and Contractor Related Parties. This Article 9 does not apply to any information that (a) the Contractor can demonstrate that it possessed prior to the date of this Agreement without obligation of confidentiality, (b) the Contractor develops independently without use of any Confidential Information, (c) the Contractor rightfully receives from a third party without any obligation of confidentiality to such third party, (d) is or becomes publicly available without breach of this Agreement, or (e) must be disclosed as required under applicable Law; provided, however, that the Contractor must give the Village reasonable notice prior to such disclosure and will Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 8 of8 reasonably cooperate with any efforts requested by the Village to limit the nature or scope of the disclosure. 9.3 Authority Confidential Information. The Contractor understands and acknowledges that the Village may use software provided in connection with this Agreement in connection with Confidential Information of the Village. Any such use of software shall not alter the Contractor's obligations and the Village's rights with respect to Confidential Information described in Section 9.2 above. ARTICLE 10. EMPLOYMENT CONDITIONS 10.1 Equal Employment Opportunity Clause. In the event of the Contractor's non- compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act (775 ILCS 5/1 et seq.) (the "Human Rights Act") or the rules and regulations (the "Rules and Regulations") of the Illinois Department of Human Rights (for the purposes of this Article 10, the "Department"), the Contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and this Agreement may, in addition to any remedies provided pursuant to this Agreement, be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this Agreement, the Contractor agrees as follows: (1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, sexual orientation, physical or mental handicap unrelated to ability, or an unfavorable discharge from 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 Agreement or any portion thereof, it will determine the availability (in accordance with the Department's Rules and Regulations) 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 all applicants will be afforded equal opportunity without discrimination on the basis of race, color, religion, sex, marital status, national origin or ancestry, age, sexual orientation, physical or mental handicap unrelated to ability, or an unfavorable discharge from 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 advising such labor organization or representative of the Contractor's obligations under the Human Rights Act and the Department's Rules and Regulations. 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 Department and the Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 9 of9 Village and will recruit employees from other sources when necessary to fulfill its obligations thereunder. (5) That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the Village, and in all respects comply with the Human Rights Act and the Department's Rules and Regulations. (6) That it will permit access to all relevant books, records, accounts and work sites by personnel for the Village and the Department for purposes of investigation to ascertain compliance with the Human Rights Act and the Department's Rules and Regulations. (7) That it will include verbatim or by reference the provisions of this clause 10.1 in every subcontract it awards under which any portion of this Agreement's obligations are undertaken or assumed so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this Agreement, the Contractor will be liable for compliance with applicable provisions of this clause 10.1 by such subcontractors, and it will promptly notify the Village and the Department in the event any subcontractor fails to or refuses to comply therewith. In addition, the Contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. 10.2 Public Works Employment Discrimination Act. The Contractor certifies and agrees that it will comply with the Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.). In confirmation and furtherance of the foregoing, the Contractor agrees that no person shall be refused or denied employment in any capacity on the ground of unlawful discrimination, as that term is defined in the Human Rights Act, nor be subjected to unlawful discrimination in any manner, in connection with the contracting for or the performance of any work or service of any kind, by, for, on behalf of, or for the benefit of the Village, including without limitation, the Services to be provided pursuant to this Agreement. 10.3 Drug-Free Workplace. The Contractor certifies and agrees that it will provide a drug-free workplace as required by the Drug Free Workplace Act (30 ILCS 580/1 et seq.) and that it will comply with all provisions thereof. 10.4 Disadvantaged Business Enterprise Assurance. In accordance with 49 CFR Part 26.13(a), as amended, the Contractor assures the Village that it shall not discriminate on the basis ofrace, color, national origin or sex in the implementation of the Services and in the award and performance of any subcontract or other third party contract supported with Federal assistance derived from the U.S. Department of Transportation ("US DOT") or in the administration of its Disadvantaged Business Enterprise ("DBE") program, if required pursuant to 49 CFR Part 26, as amended, or the requirements of 49 CFR Part 26, as amended. The Contractor assures the Village that it shall take all necessary and reasonable steps set forth in 49 CFR Part 26, as amended, to ensure nondiscrimination in the award and administration of all subcontracts and third party contracts supported with Federal assistance derived from US DOT. The Contractor's DBE program, if required by 49 CFR Part 26, as amended, is incorporated by Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 10 of 10 reference and made a part of this Agreement for the purposes of any Federal assistance awarded by the FT A or USDOT. If required by 49 CFR Part 26, as amended, implementation of such a DBE program is a legal obligation of the Contractor, and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Contractor of its failure to implement its approved DBE program, if required by 49 CFR Part 26, as amended, USDOT may impose sanctions as provided for under 49 CFR Part 26, as amended, and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001, as amended, and/or the Program Fraud Civil Remedies Act, 31 U.S.C. 3801 et seq., as amended. The Contractor further agrees to comply with all reasonable procedural, reporting and invoicing requirements that the Village may now or hereafter establish in order to comply with the DBE laws, rules and requirements that may apply to the Village and/or to this Agreement. ARTICLE 11. APPROPRIATION OF FUNDS 11.1 Authority Appropriation. The parties hereto agree that, if the term of this Agreement extends beyond the current fiscal year of the Village (the current fiscal year being the year in which the first date of the term of this Agreement falls), this Agreement is subject to the appropriation of funds by the Village Board of Trustees for each subsequent year. If the Village fails to make such an appropriation, the Village may terminate this Agreement and the Contractor will be entitled to receive, as its sole and exclusive remedy, compensation for Services properly performed to the date of termination to the extent the Village has funds available and appropriated to pay the Contractor such amount. 11.2 Appropriation by Other Funding Agencies. To the extent RTA, IDOT, the FT A or another governmental agency is providing funding to pay all or a portion of the Contract Sum, this Agreement and the obligation of the Village to pay the Contract Sum is contingent upon approval of this Agreement (if required by the relevant governmental agency) and appropriation of the relevant funding by the relevant governmental agency (which may in turn be contingent upon an appropriation of funds to such governmental agency by the Illinois General Assembly or the federal government). If any such governmental agency fails to approve this Agreement (if approval is required by the governmental agency), appropriate such funding or provide such funding, the Village may terminate this Agreement and the Contractor will be entitled to receive, as its sole and exclusive remedy, compensation for Services properly performed to the date of termination to the extent the Village has funds available and appropriated to pay the Contractor such amount. Upon the request of the Contractor, the Village will inform the Contractor as to whether any governmental agency other than the Village is providing funding to pay all or a portion of the Contract Sum and the status of approval of this Agreement by any such agency. In the event of a conflict between this Agreement and any funding agreement between the Village and a governmental agency providing funding to pay all or a portion of the Contract Sum, the terms of such funding agreement will control. ARTICLE 12. EVENTS OF DEFAULT, REMEDIES, TERMINATION AND STOP WORK ORDER 12.1 Events of Default. The following will constitute events of default ("Events of Default") hereunder: 1. Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance of this Agreement, made by the Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 11 of 11 Contractor to the Village, or any material breach of a representation, covenant or warranty of the Contractor made herein. 2. The Contractor's failure to perform any of its obligations under this Agreement, including, but not limited to, the following: a) failure to perform the Services or any portion thereof with sufficient personnel and equipment or with sufficient material to ensure the performance of the Services; b) failure to perform the Services in accordance with the standards of performance applicable thereto; c) insolvency, filing of bankruptcy or assignment for the benefit of creditors; d) failure to comply with a material term of this Agreement; or e) any other acts specifically and expressly stated in this Agreement as constituting an Event of Default. 3. Any change in ownership or control of the Contractor without the prior written approval of the Village, which consent will not be unreasonably withheld. 12.2 Declaration of Default. The Village will notify the Contractor of any circumstances that the Village believes to be an Event of Default and will allow the Contractor a reasonable amount of time to proceed to cure such Event of Default (which period of time will be no more than thirty (30) calendar days). If the Contractor has failed to proceed to cure the Event of Default within such cure period, the Village may declare the Contractor to be in default; provided, however, if such Event of Default cannot reasonably be cured within the cure period, the Village may, in its sole discretion, allow the Contractor additional time in which to cure such Event of Default so long as the Contractor diligently pursues such cure. Written notification of any decision of the Village to declare the Contractor in default will be provided to the Contractor, and such decision will be final and effective upon the Contractor's receipt of such notice. The Village has the sole discretion to declare the Contractor in default. 12.3 Remedies for Default. Upon giving notice of a declaration of default due to the occurrence of an Event of Default, the Village may invoke any or all of the following remedies: 1. the right to take over and complete the Services, either directly or through others; 2. the right to terminate this Agreement effective at a time specified by the Authority; 3. the right to seek specific performance, an injunction or any other appropriate remedy; Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 12 of 12 4. the right to recover money damages; 5. the right to withhold all or any part of the Contractor's compensation hereunder; and/or 6. the right to require the Contractor to discontinue any Services and deliver all materials accumulated in the performance of the Services, whether completed or in process, to the Village. 12.4 Remedies Nonexclusive. The remedies under the terms of this Agreement are not intended to be exclusive of any other remedies provided, but each and every such remedy will be cumulative and will be in addition to any other remedies, existing now or hereafter, at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default will impair any such right or power, nor will it be construed as a waiver of any Event of Default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. 12.5 Right of Authority to Terminate. The Village may terminate this Agreement at any time hereafter, with or without cause, by giving seven (7) days' written notice to the Contractor at the address specified in Section 13.7. Termination will be effective upon the expiration of such seven (7) day period or on such other date as mutually agreed by the parties. In the event the Village terminates this Agreement other than for breach hereof by the Contractor or for the reasons set forth in Sections 11.1 or 11.2, the Village agrees to pay the Contractor, and the Contractor agrees to accept as its sole remedy, cancellation charges equal to the remaining unpaid costs accrued and obligated to date of cancellation, plus the remaining unpaid portion of the Contractor's profit based on the portion of Services then performed to the total Services that would have been performed. 12.6 Stop Work Order. The Village may at any time, by delivering written notice to the Contractor (a "Stop Work Order"), require the Contractor to stop all or any part of the performance of Services required by this Agreement for a period of up to ninety (90) days after the Contractor receives a Stop Work Order. Upon receipt of the Stop Work Order, the Contractor will comply with its terms and take all reasonable steps to minimize costs for Services covered by the Stop Work Order during the period of work stoppage. Within a period of ninety (90) days after the Contractor's receipt of a Stop Work Order, or within any extension of that period to which the Contractor and the Village have agreed in writing, the Village will either cancel the Stop Work Order, or terminate this Agreement pursuant to the terms hereof. Provided this Agreement has not theretofore been terminated, the Contractor will resume performance of Services upon cancellation or expiration of any Stop Work Order. An equitable adjustment will be made in the Contract Sum if the Stop Work Order causes a demonstrable increase in the time required for performance of the Services and/or in the Contractor's costs in performing such Services, as the case may be. Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 13 of 13 ARTICLE 13. GENERAL PROVISIONS 13.1 Contract Documents. Each of the following described documents (the "Contract Documents") (copies of which are attached hereto) is hereby incorporated herein and forms a part of this Agreement: Exhibit A: Scope of Services Exhibit B: Payment Terms Exhibit C: Key Personnel Exhibit D: Insurance Requirements Exhibit E: Federal Certifications and Assurances 13.2 Conflicts among Contract Documents. In the event of a conflict between the terms of this Agreement and the terms of any of the other Contract Documents, the terms of this Agreement will govern. 13.3 Amendments. This Agreement, including all Exhibits hereto and any addenda thereto, constitutes the entire Agreement between the Contractor and the Village. It supersedes all prior or contemporaneous communications, representations or agreements, whether oral or written, relating to the Services set forth in this Agreement. No modification, addition, deletion, etc., to this Agreement will be effective unless and until such changes are reduced to writing and executed by the authorized officers of each party. 13.4 Assignment. This Agreement will be binding upon, and inure to the benefit of, the respective successors, assigns, heirs and personal representatives of the Village and the Contractor. The Village must approve any successor to the Contractor's rights under this Agreement in writing. Any successor will be required to accede to all of the terms, conditions and requirements of this Agreement as a condition precedent to such succession. 13.5 Solicitation and Employment. The Contractor will not employ any person employed by the Village at any time during the term of this Agreement to perform any Services required by the terms of this Agreement. The Contractor will not solicit for employment any of the Village's employees during the term of this Agreement without the prior consent of the Village. 13.6 Governing Law. This Agreement will be interpreted under, and governed by, the laws of the State of Illinois. The Contractor agrees to exclusive jurisdiction of Illinois state and federal courts for the resolution of any dispute related to this Agreement. Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 14 of 14 13.7 Notices. All notices given under this Agreement will be in writing and will be deemed properly served if delivered in person to the individual to whom it is addressed or, 3 days after deposit in the United States mail, if sent postage prepaid by United States registered or certified mail, return receipt requested, as follows: If to the VILLAGE: Michael E. Janonis Village of Mount Prospect address: 50 S. Emerson Street Mount Prospect, IL 60056 phone: (847)-392-6000 fax: (847)-392-6022 If to the Contractor: ~it1~~~ij1J:at~Q J'r~>Systems address: 222 S. Riverside Plaza, Suite 2320 Chicago, IL 60606 phone: (312) 669-5839 The foregoing addresses may be changed from time to time by notice to the other party in the manner provided for herein. 13.8 Interpretations. The headings of this Agreement are for convenience of reference only and in no way define, limit or describe the scope or intent of this Agreement. Words importing the singular number will include the plural number and vice versa, unless the context otherwise indicates. All references to any exhibit or document will be deemed to include all supplements and/or amendments to any such exhibits or documents entered into in accordance with the terms and conditions hereof and thereof. All references to any person or entity will be deemed to include any person or entity succeeding to the rights, duties and obligations of such persons or entities in accordance with the terms and conditions of this Agreement. 13.9 Joint and Several Liability. In the event that the Contractor, or its successors or assigns, if any, is comprised of more than one individual or other legal entity (or combination thereof), then and in that event, each and every obligation or undertaking herein stated to be fulfilled or performed by the Contractor will be the joint and several obligation and undertaking of each such individual or other legal entity. 13.10 Severability. The invalidity of anyone or more phrases, sentences, clauses or sections contained in this Agreement will not affect the remaining portions of this Agreement or any part thereof. 13.11 No Waiver. No course of dealing or failure of the Village and/or the Contractor to enforce strictly any term, right or condition of this Agreement shall be construed as a waiver of such term, right or condition or other term, right or condition of this Agreement. No express waiver of any term, right or condition of this Agreement shall operate as a waiver of any other term, right or condition. Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Page 15 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. Tran Systems By RichardJ. Morsches Title: Vice President Business Entity (Corporation, Partnership, etc.) Date: Attest By Title Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems. Village of Mount Prospect By MICHAEL E. JANONIS Title: VILLAGE MANAGER Date: Attest By Title VILLAGE Clerk Page 16 of 16 EXHIBIT A To an Agreement for Professional Consulting Services Entered Into Between the VILLAGE of MOUNT PROSPECT and TRAN SYSTEMS (the "Agreement") VILLAGE of MOUNT PROSPECT Public Transportation System Plan Scope of Work Project Management Steering Committee Review of Draft Deliverables: While the Steering Committee will provide comments on the draft summary reports and products, all of these products will remain in draft form throughout the course of the project and will not be revised, except where noted. Any portions of these products that are incorporated into the Final Report will include relevant comments from the Steering Committee. The only deliverable from the scope of work that will be considered "final" is the Final Report. Steering Committee Flow of Comments: All Steering Committee comments on the draft deliverables should be provided directly to the Village of Mount Prospect. The Village will then consolidate all comments and contact Steering Committee members as needed to clarify issues or resolve any conflicts. One set of comments for each draft deliverable will then be presented to the consulting team. As noted above, any portions of the draft deliverables that are incorporated into the Final Report by the consulting team will include relevant comments made by the Steering Committee. Project Kick off and Define Work Plan At the project kick off meeting, we will work with the Steering Committee to an agreed upon scope of work and schedule. This is important to make sure that all parties are entering the project with a shared expectation and vision of the work to be done and the process under which it will proceed. The schedule will reflect a time completion of between twelve and sixteen months. The schedule will identify proposed meeting dates with the Project Team and the public. Oeliverables: . Scope of work . Schedule indicating important meeting dates and completion date Task1: Public Involvement Steering Committee The TranSystems team will meet with the Steering Committee that has been established for the project. The Steering Committee will consist of local residents, Village staff, elected officials, and members of the RTA/Metra/Pace. This group would meet approximately six times at project milestones. The Steering Committee will meet at the project kickoff, before and after public workshops and to discuss and approve interim work elements and products. Public Workshops Exhibit B-Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems Page lof I Three public workshops will be held during the development of the Public Transportation System Plan. The workshops will be facilitated to gain best advantage of the ideas that are present and to keep the focus on issues that relate to the development of modal plans and multi-modal issues. Vision Workshop The initial public workshop, called a "vision workshop" will be held early in the project. It would be held once initial data collection is done and some preliminary research was gathered. It will be designed to solicit input from the community - both residents and business owners- about the needs of the transportation system in Mount Prospect and potential redevelopment opportunities in the STAR Line station area. Input regarding unmet needs given the current system will be sought and the public will be gauged as to the type of development that is desirable in the STAR Line station area. System and Station Area Plan Workshop When the preliminary public transportation system plan and station area plan is developed, another public workshop will be held to present the draft concept plans for both Tasks 4 and 6 and seek comments and refinements from the public. At this point in the project, significant public input will be sought. Planning & Zoning CommissionNillage Board Meeting A final public meeting will be held once the conceptual plans are completed and the draft report is written. This meeting will be in the form of a presentation to the Planning & Zoning Commission and the Village Board. A joint meeting between the commission and the board may be possible. Task 2: Collect and Analyze Existing Conditions - Public Transportation Data Collection The TranSystems team will begin by reviewing the body of information that is available to support this project: · Village of Mount Prospect Comprehensive Plan and Land Use Map · Village of Mount Prospect Zoning Map . Village of Mount Prospect Corridor Design Guidelines All of these studies, and other relevant studies, will be reviewed by the consultant team for issues, data and insight for this project. The TranSystems team will work directly with Pace, Metra and the RTA in order to collect the necessary data and assess existing transportation conditions. A GIS database will be created for the Village of Mount Prospect. The data base will show the following elements: . Passenger Rail Lines . Bus Routes . Rail Stations . Bus Stops . Bicycle Routes The team will then assess the general condition of the public transportation infrastructure, including: · Ridership . Frequency · Hours and Days of Service . Capacity . Condition of physical facilities · Potential to meet future needs of Mount Prospect residents Exhibit B-Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems Page 20f2 All of the data will be entered into GIS for easy visual review. Deliverables: . A draft summary report of the public transportation infrastructure in Mount Prospect for review by the Steering Committee . Map(s) of the public transportation infrastructure and GIS files Task 3: Existing Conditions Assessment (STAR Line Station Area Component) Development Data The first task will be to collect data relevant to station area planning within one half mile of the station area. Land uses, existing transportation features including roadways and parking lots, pedestrian and bicycle facilities, signage, landscaping, and any environmental features will be field checked and marked on an existing conditions map. A summary document will review what the existing conditions are. Deliverables: . A draft summary report with descriptive map describing the assessment of the existing conditions within the proposed station area for review by the Steering Committee. Task 4: Concept STAR Line Station Area Plan Development Two draft concept plans for the study area will be developed. The concept plans will take into consideration the recommendations of the public and data collected from Metra and Pace, the Village's Comprehensive Plan, the Village's Zoning Map, and other sources. The concept plans will include a station facility footprint, incorporate access and circulation recommendations developed as part of Task 5, identify key development opportunity sites, present the land use mix, present the building massing and configuration, and recommend urban design improvements. The Village's Corridor Design Guidelines will also be utilized. Specifically, design recommendations related to improving aesthetics, improving the Village's image and clarifying boundaries, will be included in the concept plans. The concept plans will be presented to the Steering Committee for review, including a transit agency technical review. Based on this review, the concepts will be revised and presented to the public at a workshop for review and comment. Based on comments, adjustments will be made to the draft concept plans and the Steering Committee will select a draft Preferred Concept Plan, which may be one or a combination of the draft concept plans. Deliverables: . Two draft concept plans that demonstrate a vision for future development in the study area. . The draft preferred concept plan will include bird's eye drawings of the new development depicting layout and elevations in addition to a revised base map depicting the future land uses in the study area. Task 5: Circulation and Access Plan Component of Preferred Concept Task 5 will consist of a planning level review of roadways leading to the proposed STAR Line station area. This review will include an analysis of what roadway improvements might be needed in order to have best access. A Exhibit B-Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems Page 300 general transportation map for the station area will be developed that includes guidelines and recommendations for a roadway and bicycle/pedestrian network and identify recommended strategies for improvement. The following steps will be completed: · Collect available traffic data including accident data for roadways leading to the proposed station · Plot and inventory key elements of the network including roadway classification, signal locations, roadway configu ration · Supplement with field study/data collection as needed · Create GIS figures/layers-existing conditions. · Evaluate links of roadway volume to capacity ratio. · Use information from other studies (such as the Comprehensive Plan) and the station area plan developed in Task 4 to determine proposed land use changes in the station area and their potential impact on the existing roadway system. · Identify opportunities for capacity improvements. Deliverables: · Illustrative circulation and access map · Summary of findings for review by the Steering Committee Task 6: Public Transportation System Improvement Recommendations Upon the completion of the existing conditions assessment and through the public involvement process, the TranSystems team will begin to have an understanding of the current unmet and future transit needs of Mount Prospect. A market analysis utilizing existing data such as census Journey-to-Work data, Metra and Pace rider surveys, Metra origin-destination data, and Chicago Metropolitan Agency on Planning (CMAP) data will be conducted using GIS software. Close attention will be paid to determining what the unmet transit needs of Mount Prospect are. Concurrently. TranSystems will review Lakota's STAR Line station area plan to determine what type of transportation links are needed to serve the new station. TranSystems will then develop recommended public transportation system improvements and improvements by: · Comparing existing services with the needs that emerged from the existing conditions assessment. · Identifying the gaps between what is currently offered (by location, time of day and day of week) and the need for transit. For each recommendation. a cost-benefit analysis will be conducted. including · Estimated operational and capital cost . Potential revenue streams · A thorough discussion of the pros and cons of the recommendation · Estimated impact on ridership using comparable services With this analysis. the team will identify strategies to better address transit needs as identified in the Village's Comprehensive Plan. The summary recommendations will be presented to the public at a public workshop. Based on comments from the workshop. a separate transit agency technical review, and steering committee review, the recommendations may be adjusted. Deliverables Exhibit B-Professional Consultant Services Agreement between the Village of Mount Prospect and Iran Systems Page 40f 4 . A draft summary report of recommended public transportation improvements for review by the steering committee and transit agencies. Task 7: Public Transportation System Plan Implementation Strategies Strategies will be prioritized for implementation. Prioritization will be based on factors such as importance, ease in implementation, cost area of responsibility, etc. The first step to developing strategies will be to determine what the implementation issues are. These may include: funding, impact on Pace / Metra or available land for new facilities. Any of the recommended improvements that will require further study will also be identified. Implementation strategies for each strategy will include: . Coordination Issues . Organizational/Institutional Issues . Funding issues, needs and plans . Marketing recommendations Deliverables: . A draft summary report of implementation strategies for the transit service improvement recommendation for steering committee review. Task 8: STAR Line Station Area Plan Implementation Strategies Strategies on how to best implement land use change in the station area will be documented. Strategies could include zoning changes including zoning overlay districts, financing by establishing SSAs (special service areas) or Tax Increment Financing Districts (TIFs). Other implementation recommendations such as the public-private partnerships, spurring of private development by the initiation of public improvements, phasing of development, etc., will be included. Deliverables: . A draft summary report of implementation strategies for the preferred station area concept plan, including illustrations and text descriptions of the phasing and final phase/build-out of the station area for steering committee review. Task 9: Draft and Final Report A draft and final report will be prepared. The report will include information and illustrations from the summary reports of each task completed. Included will be drawings, maps, photographs and other materials necessary to convey the recommendations of the Plan. The draft final report will be provided to the steering committee for review and comment. Based on comments, the report will be revised for presentation to the Planning and Zoning Commission and the Village Board. Deliverables: . 25 hard copies . One electronic version of the Final Report in CD-Rom. . All graphics, maps and illustrations will be provided to the Village as separate files. A full color final report will also be presented to the Village Board and Planning and Zoning Commission at the last public meeting. Exhibit B-Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems Page 50f 5 EXHIBIT B To an Agreement for Professional Consulting Services Entered Into Between the Village of Mount Prospect and Tran Systems (the "Agreement") Compensation Method of Payment Actual Cost Plus Fixed Fee Burden and Overhead Rate Fixed Fee Contract Sum (not to exceed, including fixed fee) 158.10 % $ 7,765.32 $124,794.47 Exhibit B-Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems Page 60f 6 EXHIBIT C To an Agreement for Professional Consulting Services Entered Into Between the Village of Mount Prospect and Tran Systems (the "Agreement") Key Personnel: TranSystems Gina Trimarco, Project Manager Lynn Otte, QA/QC Larry Deeter, Transit Lead David Phillips, Senior Transit Planner Maggie Banh, GIS The Lakota Group John LaMotte, Principal Kevin Clarke, Project Planner Dominic Suardinig, Designer Seth Parker, Planner KLOA Tim Doron Exhibit C-Professional Consultant Services Agreement between the Village of Mount Prospect and Tran Systems Page lof I EXHIBIT D To an Agreement for Professional Consulting Services Entered Into Between the Village of Mount Prospect and Tran Systems (the "Agreement") CONTRACTOR INSURANCE REQUIREMENTS CONTRACTOR: Tran Systems The Contractor shall take out and maintain, during the life of this Agreement, the following insurance as specified by the insertion of policy limits and such other insurance as the VILLAGE of MOUNT PROSPECT may require. GENERAL FINANCIAL RATING POUCY OF ---!2l- OR AMOUNT TYPE OF COVERAGE HOLDING BETTER RATING OF As Published By REQUIRED A Besfs Key Ranking OR BETTER Guide 1. WORKER'S COMPENSATION: Coverage A - Statutory Same Same $ 500.000.00 CoveraQe B - $ Limits of Liabilitv 2. COMPREHENSIVE GENERAL LIABILITY (BROAD FORM): Bodily Injury Liability & Property Damage Liability (combined) $1.000.000.00 Including but not limited to, the following coverages: Same Same Each Occurrence Product Liabilitv. Completed Operations $2.000.000.00 Aaareaate 3. AUTOMOBILE LIABILITY: - Same Same Combined Single Bodily Injury Liability & Property Damage Liability (combined) Limit Property Damage (Leases, etc.') 4. PROFESSIONAL LIABILITY: $ Same Same Each Occurrence $ Aaareaate 5. PERFORMANCE/PAYMENT BOND: N/A 6. OTHER INSURANCE: N/A Each Occurrence N/A Aaareaate Additional Insured shall be as follows: VILLAGE of MOUNT PROSPECT Reaional TransDortation Authoritv The Contractor shall not commence work herein until it has obtained the required insurance and has received approval of such insurance by the Village of Mount Prospect. Certificates of insurance indicating amounts and coverages in force shall be furnished to insureds, within ten (10) calendar days after award of contract. All policies are in effect at this time and will not be canceled, modified, limited or allowed to expire without renewal until 30 days written notice has been given to the Village of Mount Prospect. Such notice shall be sent by certified mail to the Village of Mount Prospect, care of the Village of Mount Prospect, 50 S. Emerson, Mount Prospect, IL 60056. The Contractor's policies will insure all liabilities assumed by the Contractor under the provisions of the hold harmless and indemnity clauses contained in the Agreement. The insurance coverage afforded under the policies described herein must be primary and non-contributing with respect to any insurance carried independently by the additional named insureds. All such insurance policies must indicate that as respects the insureds (whether named or otherwise), cross liability and severability of interests must exist for all coverages provided thereunder. Such policies must include, without limitation, a waiver of subrogation endorsement in favor of the additional named insureds. The insurance must be written on an occurrence basis (except for Professional Liability Insurance, which must be written on a claims made basis). Exhibit D-Professional Consultant Services Agreement between the Dn,.......... 1 _.cot EXHIBIT E To an Agreement for Professional Consulting Services Entered Into Between the Village of Mount Prospect and TranSystems (the "Agreement") CERTIFICATIONS AND ASSURANCES In accordance with 49 U.S.C. 5323(n), the following certifications and assurances have been complied to cover all grants and agreements that include Federal Transit Administration ("FT A"), Illinois Department of Transportation ("IDOT") and/or Regional Transportation Authority ("RTA") assistance programs. Twenty-Five (25) Categories of certifications and assurances are listed below by roman numerals I through XXV. Category I applies to all Grantees. Category II applies to all applications exceeding $100,000. Categories III through XXV will apply to and be required for some, but not all, Grantees and projects and will be indicated with an "X" as needed. The R T A and the Grantee understand and agree that not every provision of these certifications and assurances will apply to every Grantee or every project for which the RTA provides federal financial assistance through an agreement. The type of project and the section of the statute authorizing federal financial assistance for the project will determine which provisions apply. The terms of these certifications and assurances reflect applicable requirements of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L. 109 -59, Aug. 10,2005. The Grantee also understands and agrees that these certifications and assurances are special pre-award requirements specifically prescribed by federal law or regulation and do not encompass all statutory and regulatory requirements that may apply to the Grantee or its project. A comprehensive list of those Federal laws, regulations, and directives is contained in the current FTA Master Agreement MA(12) for Federal Fiscal Year 2006 (the "Master Agreement") at the FTA website htto://www.fta.dot.gov/1687416882ENGHTML.htm. The certifications and assurances in this document have been streamlined to remove most provisions not covered by statutory or regulatory certification or assurance requirements. Because the number of provisions that could flow down to subrecipients are so extensive, the FT A has removed the partial list of provisions pertaining to subrecipients formerly included within certifications and assurances for various specific programs to preclude a misunderstanding that those provisions listed fully encompass all federal provisions that may be imposed on a subrecipient. As a result, the FT A and the R T A strongly recommends that each Grantee, that will be implementing projects through one or more subrecipients, secure sufficient documentation from each subrecipient to assure compliance, not only with these certifications and assurances, but also with the terms of the Agreement for the project, and the Master Agreement incorporated therein by reference. Each Grantee is ultimately responsible for compliance with the provisions of these certifications and assurances irrespective of participation in the project by any subrecipient. Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 1 of I The Grantee agrees to comply with the applicable provisions of the following categories that are indicated below with an X. I. Required of Each Grantee X II. Lobbying X III. Procurement Compliance IV. Providers of Public Transportation V. Public Hearing VI. Acquisition of Rolling Stock VII. Acquisition of Capital Assets by Lease VIII. Bus Testing IX. Charter Service Agreement X. School Transportation Agreement XI. Demand Responsive Service XII. Alcohol Misuse and Prohibited Drug Use XIII. Interest and Other Financing Costs XIV. Intelligent Transportation Systems XV. Urbanized Area Formula Program XVI. Clean Fuels Grant Program XVII. Elderly Individuals and Individuals with Disabilities Formula & Pilot Programs XVIII. Nonurbanized Area Formula Program XIX. Job Access and Reverse Commute Formula Grant Program XX. New Freedom Program XXI. Alternative Transportation in Parks and Public Lands XXII. Infrastructure Finance Projects XXIII. Deposits of Federal Financial Assistance to State Infrastructure Banks XIV. Additional FT A Certifications & Assurances XV. mOT Certifications and Assurances The following signature pages (Grantee and Grantee's attorney) must be appropriately completed and signed where indicated by both Grantee and Grantee's attorney. Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 2 of2 CERTIFICATIONS AND ASSURANCES Name of Grantee: Name of Authorized Representative: Relationship of Authorized Representative: BY SIGNING BELOW, on behalf of the Grantee, I declare that the Grantee has duly authorized me to make these certifications and assurances and bind the Grantee's compliance. Thus, the Grantee agrees to comply with all local, state and federal statutes, regulations, executive orders, and requirements applicable to this grant or contract and projects funded by this grant or contract. The RT A intends that the certifications and assurances selected on the preceding page of these certification and assurances should apply, as provided, to each project for which the Grantee seeks now, or may later seek, RTA assistance during thisjiscal year. The Grantee affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, IDOT or RTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 USe. 3801 et seq., as implemented by US DOT regulations, "Program Fraud Civil Remedies, " 49 CFR part 31 may apply to any certification, assurance or submission made to RTA. The criminal fraud provisions of 18 USe. 1001 may apply to any certification, assurance, or submission made in connection with any program administered by the FTA, IDOT or RTA. In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Grantee are true and correct. Signature Date Name Authorized Representative of Grantee Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 3 of3 AFFIRMATION OF GRANTEE'S ATTORNEY Name of Grantee: As the undersigned Attorney for the above named Grantee, I hereby affirm to the Grantee that it has authority under state and local law to make and comply with these certifications and assurances as indicated on the first page of this certifications and assurances document. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Grantee. I further affirm to the Grantee that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statements, I will notify the Grantee, the RTA and, if applicable, IDOT and the FTA. Signature Date: Name Attorney for Grantee Each Grantee that requests federal financial assistance (except 49 V.S.C. 5312(b) assistance) and each Grantee with an active capital or formula project must provide an Affirmation of Grantee's Attorney pertaining to the Grantee's legal capacity. The Grantee may enter its signature in lieu of the Attorney's signature, provided the Grantee has on file this Affirmation, signed by the attorney and dated this federal fiscal year. Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 4 of 4 CERTIFICATIONS AND ASSURANCES I. REQUIRED OF EACH GRANTEE The RT A may not award any assistance or enter into any contract until the Grantee provides all certifications and assurances in this Category "I. " A. Authority of Grantee and Its Representative The authorized representative of the Grantee and the Attorney who sign these certifications, assurances, and agreements affirm that both the Grantee and its authorized representative have adequate authority under applicable state and local law and the Grantee's by-laws or internal rules to: (1 ) Execute the grant agreement, cooperative agreement or contract with the R T A on behalf of the Grantee; and (2) Execute the required certifications and assurances on behalf of the Grantee and by the Grantee. B. Standard Assurances The Grantee assures that it will comply with all applicable local, state and federal statutes, regulations, executive orders, FT A circulars, and other federal requirements in carrying out any project supported by a grant agreement, cooperative agreement or contract awarded by the RTA. The Grantee agrees that it is under a continuing obligation to comply with the terms and conditions of the grant agreement, cooperative agreement or contract issued for its project with the FTA, IDOT or the RTA. The Grantee recognizes that local, state andfederal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The Grantee understands that Presidential executive orders and federal directives, including federal policies and program guidance may be issued concerning matters affecting the Grantee or its project. The Grantee agrees that the most recent local, state and federal requirements will apply to the project, unless FTA, IDOT or RTA issues a written determination otherwise. C. Intergovernmental Review Assurance To the extent applicable, the Grantee assures that each grant of federal assistance that it receives from the RTA or contract that it enters into with the RTA has been or will be submitted, as may be required by each state, for intergovernmental review to the appropriate state and local agencies. Specifically, the Grantee assures that it has fulfilled or will fulfill the obligations imposed on FTA by U.S. DOT regulations, "Intergovernmental Review of Department of Transportation Programs and Activities," 49 CFR part 17. D. Nondiscrimination Assurance Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 5 of5 As required by 49 V.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), Title VI of the Civil Rights Act of 1964, as amended, 42 V.S.C. 2000d, and V.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act," 49 CFR part 21 at 21.7, the Grantee assures that it will comply with all requirements imposed by or issued pursuant to 49 V.S.C. 5332,42 V.S.C. 2000d, and 49 CFR part 21, so that no person in the Vnited States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) funded by federal assistance and awarded by the R T A. Specifically, during the period in which federal assistance is extended to the project, or project property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits, or as long as the Grantee retains ownership or possession of the project property, whichever is longer, the Grantee assures that: (1) Each project will be conducted, property acquisitions will be undertaken, and project facilities will be operated in accordance with all applicable requirements imposed by or issued pursuant to of 49 V.S.C. 5332,42 V.S.C. 2000d, and 49 CFR part 21, and the Grantee understands that this assurance extends to its entire facility and to facilities operated in connection with the project; (2) It will promptly take the necessary actions to effectuate this assurance, including notifying the public that complaints of discrimination in the provision of transportation-related services or benefits may be filed with V.S. DOT or FTA. Vpon request by V.S. DOT or FTA, the Grantee assures that it will submit the required information pertaining to its compliance with these requirements; (3) It will include in each subagreement, property transfer agreement, third party contract, third party subcontract, or participation agreement adequate provisions to extend the requirements imposed by or issued pursuant to of 49 V.S.C. 5332,42 V.S.C. 2000d, and 49 CFR part 21 to other parties involved therein including any subrecipient, transferee, third party contractor, third party subcontractor at any level, successor in interest, or any other participant in the project; (4) Should it transfer real property, structures, or improvements financed with federal assistance awarded by the RTA to another party, any deeds and instruments recording the transfer of that property shall contain a covenant running with the land assuring nondiscrimination for the period during which the property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits; Exhibit E-Professional Consultant Services Agreementdbetween the Village of Mount Prospect and TranSystems Page 6 of6 (5) The Vnited States has a right to seek judicial enforcement with regard to any matter arising under the Act, regulations, and this assurance; and (6) It will make any changes in its 49 V.S.C. 5332 and Title VI implementing procedures as V.S. DOT or FTA may request to achieve compliance with the requirements imposed by or issued pursuant to 49 V.S.C. 5332,42 V.S.C. 2000d, and 49 CFR part 21. E. Assurance of Nondiscrimination on the Basis of Disability As required by V.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the Grantee assures that, as a condition to the approval or extension of any federal assistance awarded by the RTA to construct any facility, obtain any rolling stock or other equipment, undertake studies, conduct research, or to participate in or obtain any benefit from any program administered by FT A, IDOT or R T A, no otherwise qualified person with a disability shall be, solely by reason of that disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any program or activity receiving or benefiting from federal assistance administered by the FTA, IDOT or RTA or any entity within U.S. DOT. The Grantee assures that project implementation and operations so assisted will comply with all applicable requirements of V.S. DOT regulations implementing the Rehabilitation Act of 1973, as amended, 29 V.S.C. 794, et seq., and the Americans with Disabilities Act of 1990, as amended, 42 V.S.C. 12101 et seq., and implementing V.S. DOT regulations at 49 CFR parts 27, 37, and 38, and any applicable regulations and directives issued by other Federal departments or agencies. F. V.S. Office of Management and Budget (OMB) Assurances Consistent with OMB assurances set forth in SF-424B and SF-424D, the Grantee assures that, with respect to itself or its project, the Grantee: (l) Has the legal authority to apply for and receive federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay the non-federal share of project cost) to ensure proper planning, management, and completion of the project described in the grant agreement, cooperative agreement or contract; (2) Will give FTA, the Comptroller General of the Vnited States, and, if appropriate, the state and R T A, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives; (3) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain; (4) Will initiate and complete the work within the applicable project time periods following receipt ofRTA approval; Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 7 of7 (5) Will comply with all applicable Federal statutes relating to nondiscrimination including, but not limited to: (a) Title VI of the Civil Rights Act, 42 V.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended, 20 V.S.C. 1681 through 1683, and 1685 through 1687, and V.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 CFR part 25, which prohibit discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended, 29 V.S.C. 794, which prohibits discrimination on the basis of disability; (d) The Age Discrimination Act of 1975, as amended, 42 V.S.C. 6101 through 6107, which prohibits discrimination on the basis of age; (e) The Drug Abuse Office and Treatment Act of 1972, Pub. L. 92-255, March 21, 1972, and amendments thereto, 21 V.S.C. 1174 et seq. relating to nondiscrimination on the basis of drug abuse; (t) The Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, Pub. L. 91-616, Dec. 31, 1970, and amendments thereto, 42 V.S.c. 4581 et seq. relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) The Public Health Service Act of 1912, as amended, 42 V.S.C. 290dd-3 and 290ee-3, related to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act, 42 V.S.C. 3601 et seq., relating to nondiscrimination in the sale, rental, or financing of housing; (i) Any other nondiscrimination provisions in the specific statutes under which federal assistance for the project may be provided including, but not limited, to 49 V.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity, and section 1101(b) of the Transportation Equity Act for the 21st Century, 23 V.S.C. 101 note, which provides for participation of disadvantaged business enterprises in FT A programs; and G) Any other nondiscrimination statute(s) that may apply to the project; Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 8 of 8 (6) To the extent applicable, will comply with, or has complied with, the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (Uniform Relocation Act) 42 U.S.C. 4601 et seq., which, among other things, provide for fair and equitable treatment of persons displaced or persons whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in any purchase. As required by sections 210 and 305 of the Uniform Relocation Act, 42 U.S.C. 4630 and 4655, and U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR 24.4, the Grantee assures that it has the requisite authority under applicable state and local law to comply with the requirements of the Uniform Relocation Act, 42 U.S.C. 4601 et seq., and U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR part 24, and will comply with that Act or has complied with that Act and those U.S. DOT implementing regulations, including but not limited to the following: (a) The Grantee will adequately inform each affected person of the benefits, policies, and procedures provided for in 49 CFR part 24; (b) The Grantee will provide fair and reasonable relocation payments and assistance as required by 42 U.S.C. 4622, 4623, and 4624; 49 CFR part 24; and any applicable FT A procedures, to or for families, individuals, partnerships, corporations, or associations displaced as a result of any project financed with FT A assistance; (c) The Grantee will provide relocation assistance programs offering the services described in 42 U.S.C. 4625 to such displaced families, individuals, partnerships, corporations, or associations in the manner provided in 49 CFR part 24 and FT A procedures; (d) Within a reasonable time before displacement, the Grantee will make available comparable replacement dwellings to displaced families and individuals as required by 42 U.S.C. 4625(c)(3); (e) The Grantee will carry out the relocation process in such manner as to provide displaced persons with uniform and consistent services, and will make available replacement housing in the same range of choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin; (f) In acquiring real property, the Grantee will be guided to the greatest extent practicable under state law, by the real property acquisition policies of 42 U.S.C. 4651 and 4652; (g) The Grantee will payor reimburse property owners for necessary expenses as specified in 42 U.S.C. 4653 and 4654, with the understanding that FTA will provide federal financial assistance for the Grantee's eligible costs of providing payments for those expenses, as required by 42 U.S.C. 4631; Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 9 of9 (h) The Grantee will execute such amendments to third party contracts and subagreements financed with FT A assistance and execute, furnish, and be bound by such additional documents as FT A may determine necessary to effectuate or implement the assurances provided herein; and (i) The Grantee agrees to make these assurances part of or incorporate them by reference into any third party contract or subagreement, or any amendments thereto, relating to any project financed by FTA involving relocation or land acquisition and provide in any affected document that these relocation and land acquisition provisions shall supersede any conflicting provisions; (7) To the extent applicable, will comply with the Davis-Bacon Act, as amended, 40 V.S.C. 3141 et seq., the Copeland "Anti-Kickback" Act, as amended, 18 V.S.C. 874, and the Contract Work Hours and Safety Standards Act, as amended, 40 V.S.C. 3701 et seq., and to the extent applicable, Fair Labor Standards Act, regarding labor standards for federally assisted subagreements; (8) To the extent applicable, will comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973, as amended, 42 V.S.C. 4012a(a), requiring the Grantee and its subrecipients in a special flood hazard area to participate in the program and purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (9) To the extent applicable, will comply with the Lead-Based Paint Poisoning Prevention Act, 42 V.S.C. 4831(b), which prohibits the use of lead-based paint in the construction or rehabilitation of residence structures; (10) To the extent applicable, will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities on which a construction project supported with FT A assistance takes place without permission and instructions from the awarding agency; (11) To the extent applicable, will record the federal interest in the title of real property in accordance with FT A directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (12) To the extent applicable, will comply with FTA requirements concerning the drafting, review, and approval of construction plans and specifications of any construction project supported with FT A assistance. As required by V.S. DOT regulations, "Seismic Safety," 49 CFR 41.117( d), before accepting delivery of any building financed with FT A assistance, it will obtain a certificate of compliance with the seismic design and construction requirements of 49 CFR part 41; (13) To the extent applicable, will provide and maintain competent and adequate engineering supervision at the construction site of any project supported with FT A assistance to ensure that the complete work conforms with the approved plans and specifications, and will furnish progress reports and such other information as may be required by FTA, IDOT, or RTA; Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 10 of 10 (14) To the extent applicable, will comply with any applicable environmental standards that may be prescribed to implement the following federal laws and executive orders: (a) Institution of environmental quality control measures under the National Environmental Policy Act of 1969, as amended, 42 V.S.C. 4321 et seq. and Executive Order No. 11514, as amended, 42 V.S.C. 4321 note; (b) Notification of violating facilities pursuant to Executive Order No. 11738, 42 V.S.C. 7606 note; (c) Protection of wetlands pursuant to Executive Order No. 11990, 42 V.S.C. 4321 note; (d) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988,42 V.S.C. 4321 note; (e) Assurance of project consistency with the approved State management program developed pursuant to the requirements of the Coastal Zone Management Act of 1972, as amended, 16 V.S.C. 1451 through 1465; (f) Conformity of Federal actions to State (Clean Air) Implementation Plans under section 176( c) of the Clean Air Act of 1955, as amended, 42 V.S.C. 7401 through 7671q; (g) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, 42 V.S.C. 300h through 300j-6; (h) Protection of endangered species under the Endangered Species Act of 1973, as amended, 16 V.S.c. 1531 through 1544; and (i) Environmental protections for federal transportation programs, including, but not limited to, protections for parks, recreation areas, or wildlife or waterfowl refuges of national, state, or local significance or any land from a historic site of national, state, or local significance to be used in a transportation project as required by 49 V.S.C. 303(b) and 303( c); G) Protection of the components of the national wild and scenic rivers systems, as required under the Wild and Scenic Rivers Act of 1968, as amended, 16 V.S.C. 1271 through 1287; and (k) Provision of assistance to FTA, IDOT and RTA in complying with section 106 of the National Historic Preservation Act of 1966, as amended, 16 V.S.C. 470f; with the Archaeological and Historic Preservation Act of 1974, as amended, 16 V.S.C. 469 through 496c; and with Executive Order No. 11593 (identification and protection of historic properties), 16 V.S.C. 470 note; Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 11 of 11 (15) To the extent applicable, will comply with the requirements of the Hatch Act, 5 V.S.C. 1501 through 1508, and 7324 through 7326, which limit the political activities of state and local agencies and their officers and employees whose primary employment activities are financed in whole or part with Federal funds including a Federal loan, agreement or contract except, in accordance with 49 V.S.C. 5307(k)(2) and 23 V.S.C. 142(g), the Hatch Act does not apply to a nonsupervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FT A assistance to whom that Act does not otherwise apply; (16) To the extent applicable, will comply with the National Research Act, Pub. L. 93-348, July 12, 1974, as amended, 42 V.S.C. 289 et seq., and V.S. DOT regulations, "Protection of Human Subjects," 49 CFR part 11, regarding the protection of human subjects involved in research, development, and related activities supported by federal assistance; (17) To the extent applicable, will comply with the Laboratory Animal Welfare Act of 1966, as amended, 7 V.S.C. 2131 et seq., and V.S. Department of Agriculture regulations, "Animal Welfare," 9 CFR subchapter A, parts 1, 2, 3, and 4, regarding the care, handling, and treatment of warm blooded animals held or used for research, teaching, or other activities supported by federal assistance; (18) Will have performed the financial and compliance audits as required by the Single Audit Act Amendments of 1996, 31 V.S.C. 7501 et seq., OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations," Revised, and the most recent applicable OMB A-133 Compliance Supplement provisions for the Department of Transportation; and (19) To the extent applicable, will comply with all applicable provisions of all other federal laws, executive orders, regulations, and policies governing the Project, except to the extent that the FT A or R T A has expressly approved otherwise in writing. II. LOBBYING CERTIFICATION A Grantee that executes a grant agreement, cooperative agreement or contract where federal assistance exceeding $100,000 is awarded, must provide the following certification. A. As required by 31 V.S.C. 1352 and V.S. DOT regulations, "New Restrictions on Lobbying," at 49 CFR 20.110, the Grantee's authorized representative certifies to the best of his or her knowledge and belief that for each grant agreement, cooperative agreement or contract funded by federal assistance exceeding $100,000: (1) No federal appropriated funds have been or will be paid by or on behalf of the Grantee to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress regarding the award of federal assistance, or the extension, continuation, renewal, amendment, or modification of any federal assistance agreement; and (2) If any funds other than federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 12 of 12 Congress in connection with this grant agreement, cooperative agreement or contract, the Grantee assures that it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," including information required by the instructions accompanying the form, which form may be amended to omit such infoimation as authorized by 31 V.S.C. 1352; and (3) The Grantee shall require that the language of this certification shall be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, subagreements and contracts under grants, loans, and cooperative agreements). B. The Grantee understands that this certification is a material representation of fact upon which reliance is placed by the FT A, IDOT and R T A and that submission of this certification is a prerequisite for providing federal assistance for a transaction covered by 31 V.S.C. 1352. The Grantee also understands that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. III. PROCUREMENT COMPLIANCE In accordance with 49 CFR 18.36(g)(3)(ii), each Grantee that is a state, local, or Indian tribal government that is seeking federal assistance to acquire property or services in support of its project is requested to provide the following certification. The RTA also requests other Grantees to provide the following certification. A Grantee that requests RTA assistance to acquire property or services in support of its project that fails to provide this certification may be determined ineligible for award of local or federal assistance for the project, if the RTA determines that its procurement practices and procurement system are incapable of compliance with local, state and federal laws, regulations and directives governing procurements financed with R T A or FT A assistance. The Grantee certifies that its procurements and procurement system will comply with all applicable third party procurement provisions of federal laws, regulations, and directives, except to the extent the R T A has expressly approved otherwise in writing. IV. PRIVATE PROVIDERS OF PUBLIC TRANSPORTATION Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 13 of 13 A Grantee that is a state or local government seekingfederal assistance authorized by 49 USe. chapter 53 to acquire the property or an interest in the property of a private provider of public transportation or to operate public transportation equipment or facilities in competition with, or in addition to, transportation service provided by an existing private provider of public transportation must provide the following certification. As required by 49 USe. 5323(a) (1), the Grantee certifies that before it acquires the property or an interest in the property of a private provider of public transportation or operates public transportation equipment or facilities in competition with, or in addition to, transportation service provided by an existing public transportation company, it has or will have: A. Determined that the assistance is essential to carrying out a program of projects as required by 49 V.S.C. 5303, 5304, and 5306; B. Provided for the participation of private companies engaged in public transportation to the maximum extent feasible; and e. Paid just compensation under state or local law to the company for any franchise or property acquired. V. PUBLIC HEARING A Grantee seeking federal assistance authorized by 49 USe. chapter 53 for a capital project that will substantially affect a community or a community's public transportation service is required to provide the following certification. As required by 49 USe. 5323 (b), the Grantee certifies that it has, or before receiving the grant, it will have: A. Provided an adequate opportunity for public review and comment on the project preceded by adequate prior public notice of the proposed project, including a concise description of the proposed project published in a newspaper of general circulation in the geographic area to be served; B. Held a public hearing on the project if the project affects significant economic, social, or environmental interests after providing adequate notice as described above; e. Considered the economic, social, and environmental effects of the proposed project; and D. Determined that the proposed project is consistent with official plans for developing the urban area. VI. ACQUISITION OF ROLLING STOCK Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 14 of 14 A Grantee seeking federal assistance authorized under 49 US.e. chapter 53 to acquire any rolling stock is required to provide the following certification. As required by 49 Us.e. 5323(m) and implementing FTA regulations at 49 CFR 663.7, the Grantee certifies that it will comply with the requirements of 49 CFR part 663 when procuring revenue service rolling stock. Among other things, the Grantee agrees to conduct or cause to be conducted the requisite pre-award and post-delivery reviews, and maintain on file the certifications required by 49 CFR part 663, subparts B, C, and D. VII. ACQUISITION OF CAPITAL ASSETS BY LEASE A Grantee that intends to use local, state or federal assistance to acquire capital assets by lease is required to provide the following certifications. As required by FT A regulations, "Capital Leases," at 49 CFR 639 .15(b)(1) and 639.21, if the Grantee acquires any capital asset by lease financed with local, state or federal assistance authorized for 49 V.S.C. chapter 53, the Grantee certifies as follows: (1) It will not use local, state or federal assistance authorized to finance the cost of leasing any capital asset until it performs calculations demonstrating that leasing the capital asset would be more cost-effective than purchasing or constructing a similar asset; and It will complete these calculations before entering into the lease or before receiving a capital grant for the asset, whichever is later; and (2) It will not enter into a capital lease for which the RTA or the FTA can provide only incremental local, state or federal assistance unless it has adequate financial resources to meet its future obligations under the lease if local, state or federal assistance is not available for capital projects in the subsequent years. VIII. BUS TESTING A Grantee that receives federal assistance appropriated or made available for 49 Us.e. chapter 53 to acquire any new bus model or any bus model with a new major change in configuration or components is required to provide the following certification. As required by 49 Us.e. 5318 and FTA regulations, "Bus Testing, " at 49 CFR 665.7, the Grantee certifies that, before expending any federal assistance to acquire the first bus of any new bus model or any bus model with a new major change in configuration or components, or before authorizing final acceptance of that bus (as described in 49 CFR part 665), the bus model: A. Will have been tested at the FTA's bus testing facility; and B. Will have received a copy of the test report prepared on the bus model. IX. CHARTER SERVICE AGREEMENT Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 15 of 15 A Grantee receivingfederal assistance authorized under 49 Us.e. chapter 53 (except 49 use. 5310 or 5317), or under 23 USe. 133 or 142 to acquire or operate any public transportation equipment or facilities is required to enter into the following Charter Service Agreement. A. As required by 49 V.S.C. 5323(d) and (g) and FTA regulations, "Charter Service," at 49 CFR 604.7, the Grantee agrees that it and each subrecipient and third party contractor at any tier will: (1 ) Provide charter service that uses equipment or facilities acquired with federal assistance authorized under 49 V.S.C. chapter 53 (except 49 V.S.C. 5310 or 5317), or under 23 V.S.C. 133 or 142 for transportation projects, only to the extent that there are no private charter service operators willing and able to provide the charter service that it or its subrecipients or third party contractors at any tier desire to provide, unless one or more of the exceptions in 49 CFR 604.9 applies; and (2) Comply with the requirements of 49 CFR part 604 before providing any charter service using equipment or facilities acquired with federal assistance authorized under 49 V.S.C. chapter 53 (except 49 V.S.C. 5310 or 5317), or under 23 V.S.C. 133 or 142 for transportation projects. B. The Grantee understands that: (1) The requirements of 49 CFR part 604 will apply to any charter service that it or its subrecipients or third party contractors provide; (2) The definitions of 49 CFR part 604 will apply to this Charter Service Agreement; and (3) A violation of this Charter Service Agreement may require corrective measures and imposition of penalties, including debarment from the receipt of further federal assistance for transportation. X. SCHOOL TRANSPORTATION AGREEMENT A Grantee receiving federal assistance authorized under 49 Us.e. chapter 53 or under 23 USe. 133 or 142 to acquire or operate public transportation facilities and equipment is required to enter into the following School Transportation Agreement. A. As required by 49 V.S.C. 5323(f) and (g) and FTA regulations at 49 CFR 605.14, the Grantee agrees that it and each subrecipient or third party contractor at any tier will: (1 ) Engage in school transportation operations in competition with private school transportation operators only to the extent permitted by 49 V.S.C. 5323(f) and (g), and federal regulations; and Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 16 of 16 (2) Comply with the requirements of 49 CFR part 605 before providing any school transportation using equipment or facilities acquired with federal assistance and authorized under 49 V.S.C. chapter 53 under 23 V.S.C. 133 or 142 for transportation projects. B. The Grantee understands that: (1) The requirements of 49 CFR part 605 will apply to any school transportation service it or its subrecipients or third party contractors provide, (2) The definitions of 49 CFR part 605 will apply to this school transportation agreement; and (3) A violation of this School Transportation Agreement may require corrective measures and imposition of penalties, including debarment from the receipt of further federal assistance for transportation. XI. DEMAND RESPONSIVE SERVICE A Grantee that operates demand responsive service and receives direct federal assistance authorized for 49 USe. chapter 53 to acquire non-rail public transportation vehicles is required to provide the following certification. As required by U.S DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," at 49 CFR 37. 77(d), the Grantee certifies that its demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. When the Grantee's service is viewed in its entirety, the Grantee's service for individuals with disabilities is provided in the most integrated setting feasible and is equivalent with respect to: (1) response time, (2) fares, (3) geographic service area, (4) hours and days of service, (5) restrictions on trip purpose, (6) availability of information and reservation capability, and (7) constraints on capacity or service availability. XII. ALCOHOL MISUSE AND PROHIBITED DRUG USE Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 17 of 17 The Grantee is required to provide the following certification concerning its activities to prevent alcohol misuse and prohibited drug use in its public transportation operations. As required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, " at 49 CFR part 655, subpart /, the Grantee certifies that it has established and implemented an alcohol misuse and anti-drug program, and has complied with or will comply with all applicable requirements of FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, " 49 CFR part 655. XIII. INTEREST AND OTHER FINANCING COSTS A Grantee that intends to use federal assistance for reimbursement of interest or other financing costs incurred for its capital projects is required to provide the following certification. As required by 49 Us.e. 53 0 7(g) (3), 5309(g) (2)(B)(iii), 53 09(g)(3)(B)(iii), 5309(i)(2)(C), and 5320(h)(2)(C), the Grantee certifies that it will not seek reimbursement for interest and other financing costs unless it is eligible to receive federal assistance for those expenses and its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent the FT A may require. XIV. INTELLIGENT TRANSPORTATION SYSTEMS A Grantee that intends to use FTA assistance for an Intelligent Transportation Systems (ITS) project, defined as any project that in whole or in part finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the "National ITS Architecture, " must provide the following assurance. As used in this assurance, the term Intelligent Transportation Systems (ITS) project is defined to include any project that in whole or in part finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the "National ITS Architecture. " A. As provided in 23 U.S.C. 5307(c), "the Secretary shall ensure that intelligent transportation system projects carried out using funds made available from the Highway Trust Fund, including funds made available under this subtitle to deploy intelligent transportation system technologies, conform to the national architecture, applicable standards or provisional standards, and protocols developed under subsection (a)." To facilitate compliance with 23 U.S.C. 5307(c), the Grantee assures it will comply with all applicable provisions of Section V (Regional ITS Architecture) and Section VI (Project Implementation) of FT A Notice, "FT A National ITS Architecture Policy on Transit Projects," at 66 Fed. Reg. 1455 et seq., January 8, 2001, and other FT A policies that may be issued in connection with any ITS project it undertakes financed with funds authorized under Title 49 or Title 23, United States Code, except to the extent that the R T A or FT A expressly determines otherwise in writing. B. With respect to any ITS project financed with federal assistance derived from a source other than Title 49 or Title 23, United States Code, the Grantee assures that it will use its best efforts to ensure that any ITS project it undertakes will not preclude interface with other intelligent transportation systems in the region. Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 18 of 18 XV. URBANIZED AREA FORMULA PROGRAM Each Grantee receiving Urbanized Area Formula Program assistance authorized under 49 U.S.C. 5307 is required to provide the following certifications on behalf of itself and any subrecipients participating in its projects. Unless the RTA or FTA determines otherwise in writing, the Grantee is ultimately responsible for compliance with its certifications and assurances even though a subrecipient may participate in that project. Consequently, in providing certifications and assurances that involve the compliance of its prospective subrecipients, the Grantee is strongly encouraged to take the appropriate measures, including but not limited to obtaining sufficient documentation from each subrecipient, to assure the validity of all certifications and assurances the Grantee has made to the R T A. If, however a "Designated Recipient" as defined at 49 U.S.C. 5307(a)(2)(A) enters into a Supplemental Agreement with the FT A and a Prospective Grantee, that Prospective Grantee is recognized as the Grantee for Urbanized Area Formula Program assistance and must provide the following certifications. Each Grantee required by 49 U.S.C. 5307(d)(I)(K) to expend at least one (I) percent of its Urbanized Area Formula Program assistance for eligible transit enhancements must list the projects carried out during that federal fiscal year with those funds in its quarterly report for the fourth quarter of the preceding federal fiscal year. That list constitutes the report of transit enhancement projects carried out during the preceding fiscal year that is required to be submitted as part of the Grantee's annual certifications and assurances, in accordance with 49 U.S.C. 5307(d)(I)(K)(ii). Accordingly, the information in that quarterly report will be incorporated by reference and made part of the Grantee's annual certifications and assurances for this fiscal year. The RTA may not award Urbanized Area Formula Program assistance that has been provided by the FT A to any Grantee that has received Transit Enhancement funds authorized by former 49 U.S.C. 5307(k)(1), unless that Grantee's quarterly report for the fourth quarter of the preceding federal fiscal year 2005 has been submitted to the FT A and includes the requisite list. Beginning Federal fiscal year 2007, the RTA may not award Urbanized Area Formula Program assistance to any Grantee that is required by 49 U.S.C. 5307(d)(1)(K) to expend one (1) percent of its Urbanized Area Formula Program assistance for eligible transit enhancements unless that Grantee's quarterly report for the fourth quarter of the preceding federal fiscal year has been submitted to the RT A and includes the requisite list. A. Certifications Requiredfor the Urbanized Area Formula Program As required by 49 U.S.C. 5307(d)(I), the Grantee certifies as follows: (a) In compliance with 49 U.S.C. 5307(d)(1)(A), the Grantee has or will have the legal, financial, and technical capacity to carry out its proposed program of projects, including safety and security aspects of that program; (b) In compliance with 49 U.S.C. 5307(d)(1)(B), the Grantee has or will have satisfactory continuing control over the use of Project equipment and facilities; (c) In compliance with 49 U.S.C. 5307(d)(1)(C), the Grantee will adequately maintain the Project equipment and facilities; Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 19 of 19 (d) In compliance with 49 V.S.C. 5307(d)(1)(D), the Grantee will ensure that elderly individuals, individuals with disabilities, or any person presenting a Medicare card issued to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 V.S.C. 401 et seq. or 42 V.S.C. 1395 et seq.), will be charged for transportation during non-peak hours using or involving a facility or equipment of a project financed with federal assistance authorized for 49 V.S.C. 5307, not more than fifty (50) percent of the peak hour fare; (e) In compliance with 49 V.S.C. 5307(d)(1)(E), the Grantee, in carrying out a procurement financed with federal assistance authorized under 49 V.S.C. 5307: (1) will use competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FTA assistance of 49 V.S.C. 5323 and the third party procurement requirements of 49 V.S.C. 5325; (f) In compliance with 49 V.S.C. 5307(d)(1)(F), the Grantee has complied with or will comply with the requirements of 49 V.S.C. 5307(c). Specifically, the Grantee: (1) has made available, or will make available, to the public information on the amounts available for the Vrbanized Area Formula Program, 49 V.S.C. 5307, and the program of projects it proposes to undertake; (2) has developed or will develop, in consultation with interested parties including private transportation providers, a proposed program of projects for activities to be financed; (3) has published or will publish a proposed program of projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the performance of the Grantee; (4) has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed program of projects; (5) has ensured or will ensure that the proposed program of projects provides for the coordination of transportation services assisted under 49 V.S.C. 5336 with transportation services assisted by another Federal Government source; (6) has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final program of projects; and (7) has made or will make the final program of projects available to the public; (g) In compliance with 49 V.S.C. 5307(d)(1)(G), the Grantee has or will have available and will provide the amount of funds required by 49 V.S.C. 5307(e) for the local share, and that those funds will be provided from approved non-federal sources except as permitted by federal law; (h) In compliance with 49 V.S.C. 5307(d)(I)(H), the Grantee will comply with: 49 D.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 V.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 V.S.C. 5303 through 5306 (planning and private enterprise requirements); (i) In compliance with 49 V.S.C. 5307(d)(1)(I), the Grantee has a locally developed process to solicit and consider public comment before raising a fare or implementing a major reduction of public transportation; Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 20 of 20 G) In compliance with 49 U.S.C. 5307(d)(1)(J), each fiscal year, the Grantee will spend at least one (1) percent of its funds authorized by 49 V.S.C. ~ 5307 for public transportation security projects, unless the Grantee has certified to the RTA that such expenditures are not necessary. Public transportation security projects include increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, emergency telephone line or lines to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation; and (2) In compliance with 49 V.S.C. 5307(d)(1)(K), if the Grantee serves an urbanized area with a population of at least 200,000, (1) the Grantee will expend not less than one (1) percent of the amount it receives each fiscal year under 49 V.S.C. 5307 for transit enhancements, as defined at 49 V.S.C. 5302(a), and (2) if the Grantee has received Vrbanized Area Program funds expended for transit enhancements as authorized by 49 V.S.C. 5307(k)(1), the Grantee will list those projects carried out with funds authorized under 49 U.S.C. 5307. If the Grantee's quarterly report for the fourth quarter of the preceding federal fiscal year includes a list of transit enhancement projects it has implemented during that preceding fiscal year using those funds, the information in that quarterly report will fulfill the requirements of 49 U.S.C. 5307(d)1)(K)(ii), and thus that quarterly report will be incorporated by reference and made part of the Grantee's certifications and assurances. XVI. CLEAN FUELS GRANT PROGRAM Each Grantee that receives Clean Fuels Grant Program assistance authorized under 49 V.S.C. 5308 is required to provide the following certifications on behalf of itself and its subrecipients. Unless the RTA determines otherwise in writing, the Grantee is ultimately responsible for compliance with its certifications and assurances even though a subrecipient may participate in that project. Consequently, in providing certifications and assurances that involve the compliance of its prospective subrecipients, the Grantee is strongly encouraged to take the appropriate measures, including but not limited to obtaining sufficient documentation from each subrecipient, to assure the validity of all certifications and assurances the Grantee has made to the RTA. As required by 49 U.S.C. 5308(d)(1), which makes the requirements of 49 U.S.C. 5307 applicable to Clean Fuels Grant Program assistance, and 49 V.S.C. 5307(d)(1), the designated recipient or the recipient serving as the Grantee on behalf of the designated recipient, or the state or state organization serving as the Grantee on behalf of the state, certifies as follows: A. In compliance with 49 U.S.C. 5307(d)(1)(A), the Grantee has or will have the legal, financial, and technical capacity to carry out its proposed program of projects, including safety and security aspects of that program; B. In compliance with 49 U.S.C. 5307(d)(1)(B), the Grantee has or will have satisfactory continuing control over the use of project equipment and facilities; Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 21 of21 C. In compliance with 49 D.S.C. 5307(d)(I)(C), the Grantee will adequately maintain the project equipment and facilities; D. In compliance with 49 D.S.C. 5307(d)(I)(D), the Grantee will ensure that elderly individuals, individuals with disabilities, or any person presenting a Medicare card issued to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 V.S.C. 401 et seq. or 42 V.S.C. 1395 et seq.), will be charged for transportation during non-peak hours using or involving a facility or equipment of a project financed with federal assistance authorized under 49 D.S.C. 5308, not more than fifty (50) percent of the peak hour fare; E. In compliance with 49 V.S.C. 5307(d)(1)(E), the Grantee, in carrying out a procurement financed with federal assistance authorized under 49 V.S.C. 5308: (1) will use competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FTA assistance of 49 D.S.C. 5323 and the third party procurement requirements of 49 V.S.C. 5325; F. In compliance with 49 D.S.C. 5307(d)(I)(F), the Grantee has complied with or will comply with the requirements of 49 D.S.C. 5307(c). Specifically, the Grantee: (1) has made available, or will make available, to the public information on the amounts available for the Clean Fuels Grant Program, 49 V.S.C. 5308, and the projects it proposes to undertake; (2) has developed or will develop, in consultation with interested parties including private transportation providers, the proposed projects to be financed; (3) has published or will publish a list of the proposed projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed projects and submit comments on the proposed projects and the performance of the Grantee; (4) has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed projects; (5) has ensured or will ensure that the proposed projects provide for the coordination of transportation services assisted under 49 D.S.C. 5336 with transportation services assisted by another Federal Government source; (6) has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of projects; and (7) has made or will make the final list of projects available to the public; G. In compliance with 49 D.S.C. 5307(d)(1)(G), the Grantee has or will have available and will provide the amount of funds required by 49 V.S.C. 5308(d)(2) for the local share, and that those funds will be provided from approved non-federal sources except as permitted by federal law; H. In compliance with 49 D.S.C. 5307(d)(1)(H), the Grantee will comply with: 49 D.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure, and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 D.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 D.S.C. 5303 through 5306 (planning and private enterprise requirements); and I. In compliance with 49 D.S.C. 5307(d)(1)(I), the Grantee has a locally developed process to solicit and consider public comment before raising a fare or implementing a major reduction Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 22 of 22 of public transportation; XVII. ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES FORMULA PROGRAM AND PILOT PROGRAM This Category does not apply to this Agreement. XVIII. NONURBANIZED AREA FORMULA PROGRAM This Category does not apply to this Agreement. XIX. JOB ACCESS AND REVERSE COMMUTE FORMULA GRANT PROGRAM Each Grantee receiving Job Access and Reverse Commute (JARC) Formula Grant Program assistance authorized under 49 V.S.C. 5316 is required to provide the following certifications on behalf of itself and any subrecipient that may be implementing its project. Vnless FT A determines otherwise in writing, the Grantee itself is ultimately responsible for compliance with its certifications and assurances even though a subrecipient may participate in that project. Consequently, in providing certifications and assurances that involve the compliance of its prospective subrecipients, the Grantee is strongly encouraged to take the appropriate measures, including but not limited to obtaining sufficient documentation from each subrecipient, to assure the validity of all certifications and assurances the Grantee has made to the R T A. A. As required by 49 V.S.C. 5316(f)(l), which makes the requirements of 49 V.S.C. 5307 applicable to Job Access and Reverse Commute (JARC) formula grants, and 49 V.S.C. 5307(d)(I), the Grantee for JARC Formula Program assistance authorized under 49 V.S.C. 5316, certifies on behalf of itself and its subrecipients, if any, as follows: (I) In compliance with 49 V.S.C. 5307(d)(l)(A), the Grantee has or will have the legal, financial, and technical capacity to carry out its proposed program of projects, including safety and security aspects of that program; (2) In compliance with 49 V.S.C. 5307(d)(1)(B), the Grantee has or will have satisfactory continuing control over the use of project equipment and facilities; (3) In compliance with 49 V.S.C. 5307(d)(l)(C), the Grantee will adequately maintain the project equipment and facilities; (4) In compliance with 49 V.S.C. 5307(d)(l)(D), the Grantee will ensure that elderly individuals and individuals with disabilities, or any person presenting a Medicare card issued to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 V.S.C. 401 et seq. or 42 V.S.C. 1395 et seq.), will be charged for transportation during non-peak hours using or involving a facility or equipment of a project financed with federal assistance authorized under 49 V.S.C. 5316 not more than fifty (50) percent of the peak hour fare; (5) In compliance with 49 V.S.C. 5307(d)(l)(E), the Grantee, in carrying out a procurement financed with federal assistance authorized under 49 V.S.C. 5316: (1) will use Exhibit E-Professional Consultant Services Agreement Page 23 of 23 between the Village of Mount Prospect and TranSystems competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FTA assistance of 49 V.S.C. 5323 and the third party procurement requirements of 49 V.S.C. 5325; (6) In compliance with 49 V.S.C. 5307(d)(1)(F), the Grantee has complied with or will comply with the requirements of 49 U.S.C. 5307(c). Specifically, it: (1) has made available, or will make available, to the public information on the amounts available for the JARC Formula Grant Program, 49 V.S.C. 5316, and the projects it proposes to undertake; (2) has developed or will develop, in consultation with interested parties including private transportation providers, the proposed projects to be financed; (3) has published or will publish a list of projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed projects and submit comments on the proposed projects and the performance of the Grantee; (4) has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed projects; (5) has ensured or will ensure that the proposed projects provide for the coordination of transportation services assisted under 49 V.S.C. 5336 with transportation services assisted by another federal Government source; (6) has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of projects; and (7) has made or will make the final list of projects available to the public; (7) In compliance with 49 V.S.C. 5307(d)(1)(G), the Grantee has or will have available and will provide the amount of funds required by 49 V.S.C. 5316(g) for the local share, and that those funds will be provided from approved non-federal sources except as permitted by federal law; (8) In compliance with 49 V.S.C. 5307(d)(l)(H), the Grantee will comply with: 49 V.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure, and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 V.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 V.S.C. 5303 through 5306 (planning and private enterprise requirements); and (9) In compliance with 49 V.S.C. 5307(d)(1)(I), the Grantee has a locally developed process to solicit and consider public comment before raising a fare or implementing a major reduction of public transportation; B. In compliance with 49 V.S.C. 5316(d), the Grantee certifies that (1) with respect to financial assistance authorized under 49 V.S.C. 5316(c)(I)(A), it will conduct in cooperation with the appropriate MPO an area wide solicitation for applications, and make awards on a competitive basis and (2) with respect to financial assistance authorized under 49 V.S.C. 5316(c)(l)(B) or 49 V.S.C. 5316(c)(1)(C), it will conduct a statewide solicitation for applications, and make awards on a competitive basis; C. In compliance with 49 V.S.C. 53 1 6(f)(2), the Grantee certifies that any allocations to Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 24 of 24 subrecipients of financial assistance authorized under 49 V.S.C. 5316 will be distributed on a fair and equitable basis; , D. In compliance with 49 V.S.C. 5316(g)(2), the Grantee certifies that, before it transfers funds to a project funded under 49 V.S.C. 5336, that project will has been or will have been coordinated with private nonprofit providers of services; and E In compliance with 49 V.S.C. 5316(g)(3), the Grantee certifies that: (1) the projects it has selected or will select for assistance under that program were derived from a locally developed, coordinated public transit-human services transportation plan; and (2) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public. xx. NEW FREEDOM PROGRAM Each Grantee that receives New Freedom Program assistance authorized under 49 V.S.C. 5317 must provide the following certifications on behalf of itself and any subrecipient that may be implementing its project. Vnless FT A determines otherwise in writing, the Grantee itself is ultimately responsible for compliance with its certifications and assurances even though a subrecipient may participate in that project. Consequently, in providing certifications and assurances that involve the compliance of its prospective subrecipients, the Grantee is strongly encouraged to take the appropriate measures, including but not limited to obtaining sufficient documentation from each subrecipient, to assure the validity of all certifications and assurances the Grantee has made to the R T A. A. As required by 49V.S.C. 5317(e)(l), which makes the requirements of 49V.S.C. 5310 applicable to New Freedom grants to the extent the Federal Transit Administrator or his or her designee determines appropriate, by 49 V.S.C. 5310(d)(l), which makes the requirements of 49 V.S.C. 5307 applicable to Elderly Individuals and Individuals with Disabilities Formula grants to the extent the Federal Transit Administrator or his or her designee determines appropriate, and by 49 V.S.C. 5307(d)(I), the Grantee for New Freedom Program assistance authorized under 49 V.S.C. 5317 certifies and assures on behalf of itself and its subrecipients, if any, as follows: (1) In compliance with 49 V.S.c. 5307(d)(I)(A), the Grantee has or will have the legal, financial, and technical capacity to carry out its proposed program of projects, including safety and security aspects of that program; (2) In compliance with 49 V.S.C. 5307(d)(l)(B), the Grantee has or will have satisfactory continuing control over the use of project equipment and facilities; (3) In compliance with 49 V.S.C. 5307(d)(l)(C), the Grantee will adequately maintain the project equipment and facilities; (4) In compliance with 49 V.S.C. 5307(d)(I)(E), the Grantee, in carrying out a procurement financed with federal assistance authorized under 49 V.S.C. 5317: (1) will use competitive procurement (as defined or approved by the Secretary), (2) will not use Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 25 of 25 exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FTA assistance of 49 V.S.C. 5323 and the third party procurement requirements of 49 V.S.C. 5325; (5).ln compliance with 49 V.S.C. 5307(d)(l)(G), the Grantee has or will have available and will provide the amount of funds required by 49 V.S.C. 5317(g), and if applicable by section 3012b(3) and (4), for the local share, and that those funds will be provided from approved non-federal sources except as permitted by federal law; and (6).In compliance with 49 V.S.C. 5307(d)(1)(H), the Grantee will comply with: 49 V.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure, and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 V.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 V.S.C. 5303 through 5306 (planning and private enterprise requirements); B. In compliance with 49 V.S.C. 5317(d), the Grantee certifies that (1) with respect to financial assistance authorized under 49 V.S.C. 5317( c)(1 )(A), it will conduct in cooperation with the appropriate MPO an area wide solicitation for applications, and make awards on a competitive basis and (2) with respect to financial assistance authorized under 49 V.S.c. 5317(c)(I)(B) or 49 V.S.C. 5317(c)(l)(C), it will conduct a statewide solicitation for applications, and make awards on a competitive basis; C. In compliance with 49 V.S.C. 5317(f)(2), the Grantee certifies that, before it transfers funds to a project funded under 49 V.S.C. 5336, that project will has been or will have been coordinated with private nonprofit providers of services; and D. In compliance with 49 V.S.C. 5317(e)(2), the Grantee certifies that any allocations to subrecipients of financial assistance authorized under 49 V.S.C. 5317 will be distributed on a fair and equitable basis. XXI. ALTERNATIVE TRANSPORTATION IN PARKS AND PUBLIC LANDS PROGRAM Each State, tribal area, or local government authority that is a recipient of Alternative Transportation in Parks and Public Lands Program assistance authorized by 49 V.S.C. 5320, is required to provide the following certifications. A. As required by 49 V.S.C. 5320(i), which makes the requirements of 49 V.S.C. 5307 applicable to Elderly Individuals and Individuals with Disabilities Formula grants to the extent the Federal Transit Administrator or his or her designee determines appropriate, and 49 V.S.C. 5307(d)(l), the Grantee certifies as follows: (1) In compliance with 49 V.S.C. 5307(d)(1)(A), the Grantee has or will have the legal, financial, and technical capacity to carry out its proposed project, including safety and Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 26 of 26 security aspects of that project; (2) In compliance with 49 V.S.C. 5307(d)(1)(B), the Grantee has or will have satisfactory continuing control over the use of project equipment and facilities; (3) In compliance with 49 V.S.C. 5307(d)(1)(C), the Grantee will adequately maintain the project equipment and facilities; (4) In compliance with 49 V.S.C. 5307(d)(1)(D), the Grantee will ensure that elderly individuals, individuals with disabilities, or any person presenting a Medicare card issued to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 V.S.C. 401 et seq. or 42 V.S.C. 1395 et seq.), will be charged for transportation during non-peak hours using or involving a facility or equipment of a project financed with federal assistance authorized under 49 V.S.C. 5320, not more than fifty (50) percent of the peak hour fare; (5) In compliance with 49 V.S.C. 5307(d)(I)(E) in carrying out a procurement financed with federal assistance authorized under 49 V.S.C. 5320, the Grantee: (1) will use competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FT A assistance of 49 V.S.C. 5323 and the third party procurement requirements of 49 V.S.C. 5325; (6) In compliance with 49 V.S.C. 5307(d)(1)(F) and with 49 V.S.C.5320(e)(2)(C), the Grantee has complied with or will comply with the requirements of 49 V.S.C. 5307(c). Specifically, it: (1) has made available, or will make available, to the public information on the amounts available for the Alternative Transportation in Parks and Public Lands Program, 49 V.S.C. 5320, and the projects it proposes to undertake; (2) has developed or will develop, in consultation with interested parties including private transportation providers, projects to be financed; (3) has published or will publish a list of projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed projects and submit comments on the proposed projects and the performance of the Grantee; (4) has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed projects; (5) has ensured or will ensure that the proposed projects provide for the coordination of transportation services assisted under 49 V.S.C. 5336 with transportation services assisted by another Federal Government source; (6) has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of projects; and (7) has made or will make the final list of projects available to the public; (7) In compliance with 49 V.S.C. 5307(d)(1)(G), the Grantee has or will have available the amount of funds required by 49 V.S.C. 5320(f), and that those funds will be provided from approved non-federal sources except as permitted by federal law; and (8) In compliance with 49 V.S.C. 5307(d)(1)(H), the Grantee will comply with: 49 V.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure, Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 27 of 27 . and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 V.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 V.S.C. 5303 through 5306 (planning and private enterprise requirements). B. In compliance with 49 U.S.C.5320(e)(2)(A), (B), and (D), the Grantee assures that it will: (1) Comply with the metropolitan planning provisions of 49 V.S.C. 5303; (2) Comply with the statewide planning provisions of 49 V.S.C. 5304; and (3) Consult with the appropriate federal land management agency during the planning process. XXII. INFRASTRUCTURE FINANCE PROJECTS Each Grantee that receives Infrastructure Finance assistance authorized under 23 V.S.C. chapter 6, is required to provide the following certifications. A. As required by 49 V.S.C. 5323(0), which makes the requirements of 49 V.S.C. 5307 applicable to Grantees seeking Infrastructure Finance assistance authorized under 23 D.S.C. chapter 6, and by 49 D.S.C. 5307(d)(I), the Grantee certifies as follows: (1) In compliance with 49 V.S.C. 5307(d)(1)(A), the Grantee has or will have the legal, financial, and technical capacity to carry out its proposed program of projects, including safety and security aspects of that program; (2) In compliance with 49 V.S.C. 5307(d)(I)(B), the Grantee has or will have satisfactory continuing control over the use of project equipment and facilities; (3) In compliance with 49 V.S.C. 5307(d)(l)(C), the Grantee will adequately maintain the project equipment and facilities; (4) In compliance with 49 V.S.C. 5307(d)(I)(D), the Grantee will ensure that elderly individuals and individuals with disabilities, or any person presenting a Medicare card issued to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 V.S.C. 401 et seq. or 42 V.S.C. 1395 et seq.), will be charged for transportation during non-peak hours using or involving a facility or equipment of a project financed with federal assistance authorized under 23 V.S.C. chapter 6 not more than fifty (50) percent of the peak hour fare; (5) In compliance with 49 D.S.C. 5307(d)(l)(E), the Grantee, in carrying out a procurement financed with federal assistance authorized under 23 V.S.C. chapter 6: (I) will use competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 28 of 28 FTA assistance of 49 V.S.C. 5323 and the third party procurement requirements of 49 V.S.C. 5325; (6) In compliance with 49 V.S.C. 5307(d)(I)(F), the Grantee has complied with or will comply with the requirements of 49 V.S.C. 5307(c). Specifically, it: (1) has made available, or will make available, to the public information on the amounts available for Infrastructure Finance assistance, 23 V.S.C. chapter 6, and the projects it proposes to undertake; (2) has developed or will develop, in consultation with interested parties including private transportation providers, the proposed projects to be financed; (3) has published or will publish a list of projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed projects and submit comments on the proposed projects and the performance of the Grantee; (4) has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed projects; (5) has ensured or will ensure that the proposed projects provide for the coordination of transportation services assisted under 49 V.S.C. 5336 with transportation services assisted by another Federal Government source; (6) has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of projects; and (7) has made or will make the final list of projects available to the public; (7) In compliance with 49 V.S.C. 5307(d)(I)(G), the Grantee has or will have available and will provide the amount of funds required for the local share, and that those funds will be provided from approved non-federal sources except as permitted by federal law; (8) In compliance with 49 V.S.c. 5307(d)(I)(H), the Grantee will comply with: 49 V.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure, and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 V.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 V.S.C. 5303 through 5306 (planning and private enterprise requirements); (9) In compliance with 49 V.S.C. 5307(d)(I)(I), the Grantee has a locally developed process to solicit and consider public comment before raising a fare or implementing a major reduction of public transportation; (10) To the extent that the Grantee will be using funds authorized under 49 V.S.C. 5307 for the project, in compliance with 49 V.S.C. 5307(d)(1)(J), each fiscal year, the Grantee will spend at least one (1) percent of those funds authorized under 49 V.S.C. ~ 5307 for public transportation security projects (this includes only capital projects in the case of a Grantee serving an urbanized area with a population of 200,000 or more), unless the Grantee has certified to FTA that such expenditures are not necessary. Public transportation security projects include increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, emergency telephone line or lines to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation; and Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 29 of 29 (11) To the extent that the Grantee will be using funds authorized under 49 D.S.C. 5307 for the project, in compliance with 49 D.S.C. 5309(d)(1)(K): (1) an Grantee that serves an urbanized area with a population of at least 200,000 will expend not less than one (1) percent of the amount it receives each fiscal year under 49 D.S.C. 5307 for transit enhancements, as defined at 49 D.S.C. 5302(a), and (2) if it has received transit enhancement funds authorized by 49 D.S.C. 5307(k)(1), its quarterly report for the fourth quarter of the preceding federal fiscal year includes a list of the projects it has implemented during that fiscal year using those funds, and that report is incorporated by reference and made part of its certifications and assurances. B. As required by 49 D.S.C. 5323(0), which makes the requirements of 49 D.S.C. 5309 applicable to Grantees seeking Infrastructure Finance assistance authorized under 23 D.S.C. chapter 6, and by 49 D.S.C. 5309(g)(2)(B)(iii), 5309(g)(3)(B)(iii), and 5309(i)(2)(C), the Grantee certifies that it will not seek reimbursement for interest and other financing costs unless it is eligible to receive federal assistance for those expenses and its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent the R T A or the FT A may require. XXIII. STATE INFRASTRUCTURE BANK PROGRAM This Category does not apply to this Agreement. XXIV. ADDITIONAL FTA CERTIFICATIONS AND ASSURANCES Section 24-1 Definitions As used in Sections XXIV and XXV of these certifications and assurances: A. "Agreement" means the agreement between the RTA and Grantee to which these certifications and assurances are appended as an exhibit. B. "Government" means the government of the Dnited States of America, the State of Illinois and the R T A. C. "Project" means the studies, demonstrations, and/or development projects described in the Grantee's approved application, for which grant funds are intended to be provided pursuant to this Agreement. D. "Project Cost" means costs, eligible for reimbursement or payment under the Agreement, incurred by the Grantee and/or its contractor(s) in performing the Project. Section 24-2. Project Implementation A. Grantee's Responsibility to Extend Federal Requirements to Other Entities. (1) Entities Affected. Only the entities that are signatories to the Agreement are parties to the Agreement. To achieve compliance with certain federal laws, regulations, or directives, Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 30 of30 however, other Project participants, such as subrecipients and third party contractors, will necessarily be affected. Accordingly, the Grantee agrees to take appropriate measures necessary to ensure all Project participants comply with applicable federal requirements affecting their performance. (2) Documents Affected. The applicability provisions of federal statutes, regulations, and directives establishing each federal requirement determine the extent to which that requirement affects a Project participant. Accordingly, the Grantee agrees to include adequate provisions to ensure that each Project participant complies with those federal requirements. In addition, the Grantee also agrees to require its third party contractors and subrecipients to include adequate provisions to ensure compliance with applicable federal requirements in each lower tier subcontract and subagreement financed in whole or in part with financial assistance provided by the FT A, through the R T A, under the Agreement. Additional requirements include the following: (a) Third Party Contracts. Because Project activities performed by a third party contractor must comply with federal requirements, the Grantee agrees to include appropriate clauses in each third party contract stating the third party contractor's responsibilities under federal law, regulation, or directive, including any necessary provisions requiring the third party contractor to extend applicable requirements to its subcontractors to the lowest tier necessary. When the third party contract requires the third party contractor to undertake responsibilities for the Project usually performed by the Grantee, the requirements applicable to the Grantee imposed by the Master Agreement and the Agreement for the Project must be included in that third party contract and extended throughout each tier to the extent appropriate. Additional guidance pertaining to third party contracting is contained in the FT A's "Best Practices Procurement Manual." FT A cautions, however, that its "Best Practices Procurement Manual" focuses mainly on third party procurement processes and may omit certain other federal requirements applicable to the work to be performed. (b) Subagreements. Because Project activities performed by a subrecipient must be carried out in accordance with federal requirements, the Grantee agrees to include appropriate clauses in each subagreement stating the subrecipient's responsibilities under federal law, regulation, or directive, including any necessary provisions requiring the subrecipient to impose applicable federal requirements on other Project participants to the lowest tier necessary. When the subagreement requires the subrecipient to undertake primary responsibilities for the Project usually performed by the Grantee, the requirements applicable to the Grantee imposed by the Agreement for the Project must be included in that subagreement and extended throughout each tier to the extent appropriate. B. No Government Obligations to Third Parties. The Grantee agrees that, absent the Government's express written consent, the Government shall not be subject to any obligations or liabilities to any subrecipient, third party contractor, or other person not a party to the Agreement in connection with the performance of the Project. Notwithstanding that the Government may have concurred in or approved any solicitation, subagreement, or third party contract, the Government has no obligations or liabilities to any party, including any subrecipient or third party contractor. Section 24-3. Ethics Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 31 of 31 A. Code of Ethics. The Grantee agrees to maintain a written code or standards of conduct that shall govern the performance of its officers, employees, board members, or agents engaged in the award or administration of third party contracts or subagreements supported by federal assistance. The code or standards of conduct must provide that the Grantee's officers, employees, board members, or agents may not solicit or accept gratuities, favors, or anything of monetary value from any present or potential third party contractor or subrecipient or agent. The Grantee may set minimum rules for insubstantial financial interests or gifts of unsolicited items of nominal intrinsic value. The code or standards of conduct must prohibit the Grantee's officers, employees, board members, or agents from using their positions in a manner that creates a real or apparent personal or organizational conflict of interest or personal gain. The code or standards of conduct must include penalties, sanctions, or other disciplinary actions for violations by the Grantee's officers, employees, board members, or agents, or by the Grantee's third party contractors or subrecipients or their agents as permitted by State or local law or regulations. (1) Personal Conflicts of Interest. The Grantee's code or standards of conduct shall prohibit the Grantee's employees, officers, board members, or agents from participating in the selection, award, or administration of any third party contract or subagreement supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family; partner; or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. (2) Organizational Conflicts of Interest. The Grantee's code or standards of conduct must include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third party contractor or subrecipient or impair its objectivity in performing the contract work. B. Debarment and Suspension. The Grantee agrees to comply, and assures the compliance of each third party contractor and subrecipient at any tier, with Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 V.S.C. ~ 6101 note, and V.S. DOT regulations, "Governmentwide Debarment and Suspension (Nonprocurement)," within 49 C.F.R. Part 29. Section 24-4. Accounting Records A. Proiect Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts, or separate accounts within the framework of an established accounting system, that can be identified with the Project, consistent with applicable federal regulations and other requirements that the RTA or the FTA may impose. The Grantee agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project shall be clearly identified, readily accessible and available to the R T A or the FT A upon its request, and, to the extent feasible, kept separate from documents not related to the Project. B. Funds Received or Made Available for the Proiect. The Grantee agrees to deposit in a financial institution all advance Project payments it receives from the R T A or the federal Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 32 of 32 Government and record in the Project account all amounts provided by the RT A or by the Federal Government in support of the Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project (Project funds) consistent with applicable federal regulations and other requirements the RTA or the FTA may impose. Use of financial institutions owned at least 50 percent by minority group members is encouraged. C. Documentation of Proiect Costs and Program Income. The Grantee agrees to support all costs charged to the Project, including any approved services contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The Grantee also agrees to maintain accurate records of all program income derived from Project implementation, except certain income determined by FT A to be exempt from the general federal program income requirements. Section 24-5. Record Retention and Access A. Record Retention. The Grantee agrees to maintain intact and readily accessible all data, documents, reports, records, contracts, and supporting materials relating to the Project as the Government may require during the course ofthe Project and for three years thereafter. B. Access to Records of Grantees and Subrecipients. Upon request, the Grantee agrees to permit, and require its subrecipients to permit, the U.S. Secretary of Transportation, the Comptroller General of the United States, and, to the extent appropriate, the State, the R T A, or their authorized representatives, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subrecipients pertaining to the Project. Section 24-6. Civil Rights A. Equal Employment Opportunity. The Grantee agrees to comply, and assures the compliance of each third party contractor and each subrecipient at any tier of the Project, with all equal employment opportunity (EEO) requirements of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. ~ 2000e, and 49 U.S.C. ~ 5332 and any implementing requirements FTA may issue. Those EEO requirements include, but are not limited to, the following: (1) General Requirements. The Grantee agrees as follows: (a) The Grantee agrees that it will not discriminate against any employee or Grantee for employment because of race, color, creed, sex, disability, age, or national origin. The Grantee agrees to take affirmative action to ensure that Grantees are employed and that employees are treated during employment without regard to their race, color, creed, sex, disability, age, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee also agrees to comply with any implementing requirements FT A may issue. (b) If the Grantee is required to submit and obtain Federal Government approval of its EEO program, that EEO program approved by the Federal Government is incorporated by reference and made part of the Agreement. Failure by the Grantee to carry out the terms of that Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 33 of 33 EEO program shall be treated as a violation of the Agreement. Upon notification to the Grantee of its failure to carry out the approved EEO program, the RTA or the Federal Government may impose such remedies as it considers appropriate, including termination of federal fmancial assistance in accordance with the Agreement, or other measures that may affect the Grantee's eligibility to obtain future federal financial assistance for transportation Projects. B. Disadvantaged Business Enterorise. To the extent required by federal law, regulation, or directive, the Grantee agrees to take the following measures to facilitate participation by disadvantaged business enterprises (DBE) in the Project: (1) The Grantee agrees and assures that it will comply with TEA-21 ~ 110I(b), 23 U.S.C. ~ 101 note, and U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. Part 26. (2) The Grantee agrees and assures that it shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of any third party contract, or subagreement supported with Federal assistance derived from U.S. DOT or in the administration of its DBE program and will comply with the requirements of 49 C.F.R. Part 26. The Grantee agrees to take all necessary and reasonable steps set forth in 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of all third party contracts and subagreements supported with federal assistance derived from U.S. DOT. As required by 49 C.F.R. Part 26 and approved by U.S. DOT, the Grantee's DBE program is incorporated by reference and made part of the Agreement. The Grantee agrees that implementation of this DBE program is a legal obligation, and that failure to carry out its terms shall be treated as a violation of the Agreement. Upon notification by U.S. DOT to the Grantee of its failure to implement its approved DBE program, U.S. DOT may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. ~ 1001, and/or the Program Fraud Civil Remedies Act, 31 U.S.C. ~~ 3801 et seq. C. Access Requirements for Persons with Disabilities. The Grantee agrees to comply with all applicable requirements of the following regulations and any subsequent amendments thereto: (1) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35; (2) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; (3) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19; (4) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; (5) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 34 of 34 (6) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609; and (7) Any implementing requirements FT A may issue. D. Access to Services for Persons with Limited English Proficiency. The Grantee agrees to comply with the policies of Executive Order No. 13166,"Improving Access to Services for Persons with Limited English Proficiency," 42 V.S.C. ~ 2000d-1 note, and with the provisions of V.S. DOT Notice, "DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries," 66 Fed. Reg. 6733 et seq., January 22, 2001. E. Environmental Justice. The Grantee agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," 42 V.S.C. ~ 4321 note. F. Other Nondiscrimination Statutes. The Grantee agrees to comply with all applicable requirements of any other federal laws and regulations prohibiting discrimination that may apply to the Project. Section 24-7. Procurement A. Clean Air and Clean Water. The Grantee agrees to include in each third party contract, subgrant, and subagreement exceeding $100,000 adequate provisions to ensure that Project participants report the use of facilities placed or likely to be placed on V.S. Environmental Protection Agency (V.S. EPA) "List of Violating Facilities," that it will not use violating facilities, report violations to FTA and the Regional V.S. EPA Office, and that it will comply with the inspection and other applicable requirements of: (1) Section 306 of the Clean Air Act, as amended, 42 V.S.C. ~ 7414, and other applicable provisions of the Clean Air Act, as amended, 42 V.S.C. ~~ 7401, 7671q; and (2) Section 508 of the Clean Water Act, as amended, 33 V.S.C. ~ 1368, and any other applicable requirements of the Clean Water Act, as amended, 33 V.S.C. ~~ 1251-1377. B. Access to Third Party Contract Records. The Grantee agrees to require its third party contractors and third party subcontractors, at as many tiers of the Project as required, to provide to the RTA, the V.S. Secretary of Transportation and the Comptroller General of the Vnited States or their duly authorized representatives, access to all third party records as requested to conduct audits and inspections related to any third party contract that has not been awarded on the basis of competitive bidding for a capital or improvement Project, as required by 49 V.S.C. ~ 5325(a). The Grantee further agrees to require its third party contractors and third party subcontractors, at as many tiers of the Project as required, to provide sufficient access to third party procurement records as needed for compliance with federal regulations or to assure proper Project management as determined by the FT A or the R T A. C. Electronic and Information Technology. When using federal financial assistance to procure reports or information to be delivered to the Grantee for distribution to FT A, among others, the Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 35 of 35 Grantee agrees to include in its specifications a requirement that the reports or information will be prepared using electronic or information technology capable of assuring that, when provided to the R T A or the FT A, the reports or information will meet the applicable accessibility standards of section 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. ~ 794d, and U.S. A TBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194, and any amendments thereto. Section 24-8. Patent Rights. A. General. If any invention, improvement, or discovery by the Grantee or any of its third party contractors or subrecipients at any tier of the Project is conceived or first actually reduced to practice in the course of or under the Project, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Grantee agrees to notify the R T A immediately and provide a detailed report in a format satisfactory to the RTA. B. Federal Rights. The Grantee agrees that its rights and responsibilities, and those of each third party contractor and each subrecipient at any tier of the Project, pertaining to that invention, improvement, or discovery will be determined in accordance with applicable federal laws, regulations, including any waiver thereof. Absent a determination in writing to the contrary by the Federal Government, the Grantee agrees to transmit to FTA those rights due the Federal Government in any invention, improvement, or discovery resulting from that third party contract or subcontract as specified in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401 (implementing 35 U.S.C. ~~ 200 et seq.), irrespective of the status of the Grantee, subrecipient, or third party contractor at any tier of the Project (i.e., a large business, small business, State government or State instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.) Section 24-9. Rights in Data and Copyrights. A. Definition. The term "subject data," as used in this Section 24-9 means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the Agreement. Examples include, but are not limited to: computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information. "Subject data" does not include financial reports, cost analyses, or similar information used for Project administration. B. Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of the Agreement: (1) Except for its own internal use, the Grantee may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Grantee authorize others to do so without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public. Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 36 of 36 (2) The restriction on publication of Subsection 24-9.b(1) of these Certifications and Assurances, however, does not apply to an agreement with an institution of higher learning. C. Federal Rights in Data and Copyrights. The Grantee agrees to provide to the Federal Government a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for Federal Government purposes the subject data described in Subsections 24-9.C(1) and 24-9.C(2) of these Certifications & Assurances. As used herein, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not provide or otherwise extend to other parties the Federal Government's license to: (1) Any subject data developed under the Agreement, or under a third party contract or subagreement financed by the Agreement, whether or not a copyright has been obtained; and (2) Any rights of copyright to which a Grantee, subrecipient, or a third party contractor purchases ownership with federal assistance. D. Special Federal Rights in Data for Research. Develol'ment. Demonstration. and Special Studies (Planning) Projects. In general, FT A's purpose in providing financial assistance for a special studies (planning), research, development, or demonstration Project is to increase transportation knowledge, rather than limit the benefits of the Project to participants in the Project. Therefore, unless FT A determines otherwise, the Grantee of financial assistance to support a research, development, demonstration, or a special studies (planning) Project agrees that, in addition to the rights in data and copyrights of Subsection 24-9.c of these Certifications & Assurances, FT A may make available to any FT A recipient, subrecipient, third party contractor, or third party subcontractor, either FT A's license in the copyright to the subject data or a copy of the subject data. If the Project is not completed for any reason whatsoever, all data developed under the Project shall become subject data as defined in Subsection 24-9.a of these Certifications & Assurances and shall be delivered as the Federal Government may direct. This Subsection 24.9.d of these Certifications & Assurances, however, does not apply to adaptations of automatic data processing equipment or programs for the Grantee's use when the costs thereof are financed with federal funds for capital Projects. E. Hold Harmless. Except as prohibited or otherwise limited by State law, upon request by the Federal Government, the Grantee agrees to indemnify, save, and hold harmless the Federal Government and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be required to indemnify the Federal Government for any such liability caused by the wrongful acts of federal employees or agents. F. Restrictions on Access to Patent Rights. Nothing in this Section 24-7 pertaining.to rights in data shall imply a license to the Federal Government under any patent or be construed to affect the scope of any license or other right otherwise granted to the Federal Government under any patent. G. Data Developed Without Federal Funding or Support. In connection with the Project, the Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 37 of 37 Grantee may find it necessary to provide data developed without any federal funding or support to the Federal Government. The requirements of Subsections 24-7.B, 24-7.C and 24-7.D of these certifications and assurances do not apply to data developed without federal funding or support, even though that data may have been used in connection with the Project. Nevertheless, the Grantee understands and agrees that the Federal Government will not be able to protect data from unauthorized disclosure unless that data is clearly marked "Proprietary" or "Confidential." H. Statutory Requirements to Release Data. To the extent required by V.S. DOT regulations, "Dniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations," at 49 C.F.R. ~ 19.36(d), or by subsequent federal laws or regulations, the Grantee understands and agrees that the data and information it submits to the Federal Government may be required to be released in accordance with the provisions of the Freedom of Information Act (or another federal statute providing access to such records). Section 24-10. Employee Protection A. Activities Not Involving Construction. The Grantee agrees to comply, and assures the compliance of each third party contractor and each subrecipient at any tier of the Project, with the employee protection requirements for nonconstruction employees of the Contract Work Hours and Safety Standards Act, as amended, 40 V.S.C. ~~ 3701 et seq., in particular the wage and hour requirements of section 102 of that Act at 40 D.S.C. ~ 3702, and with V.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. Section 24-11. Environmental Requirements The Grantee recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to the Project. Some, but not all, of the major federal laws that may affect the Project include: the National Environmental Policy Act of 1969, as amended, 42 D.S.C. ~~ 4321-4335; the Clean Air Act, as amended, 42 D.S.C. ~~ 7401-7671q and scattered sections of29 V.S.C.; the Clean Water Act, as amended, 33 D.S.C. ~~ 1251-1377; the Resource Conservation and Recovery Act, as amended, 42 D.S.C. ~~ 6901- 6992k; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, '42 D.S.C. ~~ 9601- 9675. The Grantee also recognizes that D.S. EP A, FHW A and other federal agencies have issued, and in the future are expected to issue, regulations, guidelines, standards, orders, directives, or other requirements that may affect the Project. Thus, the Grantee agrees to comply, and assures the compliance of each subrecipient and each third party contractor, with any such federal requirements as the Federal Government may now or in the future promulgate. Listed below are environmental requirements of particular concern to FT A and the Grantee. The Grantee agrees that those laws and regulations may not constitute the Grantee's entire obligation to meet all federal environmental and resource conservation requirements. A. Environmental Protection. The Grantee agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 D.S.C. ~~ 4321-4335; Executive Exhibit E-Professional Consultant Services Agreement Page 38 of 38 between the Village of Mount Prospect and TranSystems Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 U.S.C. ~ 4321 note; FTA statutory requirements at 49 U.S.C. ~ 5324(b); U.S. Council on Environmental Quality regulations imposing requirements for compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500-1508; joint FHWA/FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622. B. Air Quality. The Grantee agrees to comply with all applicable regulations, standards, orders, and requirements implementing the Clean Air Act, as amended, 42 U.S.C. ~~ 7401-7671q. In addition: (1) The Grantee agrees to comply with the applicable requirements of the U.S. EPA regulations, "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act," 40 C.F.R. Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 C.F.R. Part 93. To support the requisite air quality conformity finding for the Project, the Grantee agrees to implement each air quality mitigation or control measure incorporated in the Project. The Grantee further agrees that any Project identified in an applicable State Implementation Plan as a Transportation Control Measure will be wholly consistent with the design concept and scope of the Project described in the State Implementation Plan. (2) U.S. EP A also imposes requirements implementing the Clean Air Act, as amended, that may apply to transit operators, particularly operators of large transit bus fleets. Accordingly, the Grantee agrees to comply with the following U.S. EP A regulations to the extent they apply to the Project: "Control of Air Pollution from Mobile Sources," 40 C.F.R. Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines," 40 C.F.R. Part 86; and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600. (3) The Grantee agrees to comply with the notification of violating facili~y requirements of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. ~ 7606 note. C. Clean Water. The Grantee agrees to comply with all applicable regulations, standards, or orders issued pursuant to the Clean Water Act, as amended, 33 U.S.C. ~~ 1251-1377. In addition: (1) The Grantee agrees to protect underground sources of drinking water as required by the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. ~~ 300f-300j-6. (2) The Grantee agrees to comply with the notification of violating facility requirements of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. ~ 7606 note. D. Historic Preservation. The Grantee agrees to encourage and compliance with the federal historic and archaeological preservation requirements of section 106 of the National Historic Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 39 of 39 Preservation Act, as amended, 16 U.S.C. ~ 470f; Executive Order No. 11593, "Protection and Enhancement of the Cultural Environment," 16 U.S.C. ~ 470 note; and the Archaeological and Historic Preservation Act of 1974, as amended, 16 U.S.C. ~~ 469a-469c, as follows: (1) In accordance with U.S. Advisory Council on Historic Preservation regulations, "Protection of Historic and Cultural Properties," 36 C.F.R. Part 800, the Grantee agrees to consult with the State Historic Preservation Officer concerning investigations to identify properties and resources included in or eligible for inclusion in the National Register of Historic Places that may be affected by the Project, and agrees to notify the RTA or the FTA of those properties that are affected. (2) The Grantee agrees to comply with all federal requirements to avoid or mitigate adverse effects on those historic properties. E. Mitigation of Adverse Environmental Effects. Should the proposed Project cause or result in adverse environmental effects, the Grantee agrees to take all reasonable measures to minimize the impact of those adverse effects, as required by 49 U.S.C. ~ 5324(b), and other applicable federal laws and regulations, including joint FHW A/FT A regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622. The Grantee agrees to comply with all environmental mitigation measures identified as commitments in applicable environmental documents, such as environmental assessments, environmental impact statements, memoranda of agreement, and other documents required by 49 U.S.C. ~ 303, and with any conditions imposed by the Federal Government in a finding of no significant impact or record of decision. The Grantee agrees that those mitigation measures are incorporated by reference and made part of the Agreement. The Grantee also agrees that any deferred mitigation measures will be incorporated by reference and made part of the Agreement as soon as an agreement with the Federal Government is reached. The Grantee understands and agrees that those mitigation measures that have been agreed upon may not be modified or withdrawn without the express written approval of the Federal Government. Section 24-12. Substance Abuse. The Grantee agrees to comply with the following federal substance abuse regulations: a. Drug-Free Workplace. U.S.DOT regulations, "Governmentwide Requirements for Drug- Free Workplace (Financial Assistance), 49 C.F.R. Part 32, implementing the Drug-Free Workplace Act of 1988,41 U.S.C. ~~ 701 et seq. b. Alcohol Misuse and Prohibited Drug Use. FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR Part 655, to the extent applicable. Section 24-13. Seat Belt Use In accordance with Executive Order No. 13043, "Increasing Seat Belt Use in the United States," 23 U.S.C. ~ 402 note, the Grantee is encouraged to adopt on-the-job seat belt use policies and programs for its employees that operate company-owned, rented, or personally-operated vehicles and include this provision in third party contracts and subcontracts, and subagreements financed Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 40 of 40 with federal assistance awarded for the Project. Section 24-14. Special Provisionfor Urbanized Area Formula Projects. A. Reporting Requirements. For each fiscal year, the Grantee agrees to conform, and assures that any transit operator to which the Grantee provides funds authorized by 49 U.S.C. 5307 will conform, to the reporting system and the uniform system of accounts and records required by 49 U.S.C. ~ 5335(a) for FT A's national transit database and FT A regulations, "Uniform System of Accounts and Records and Reporting System," 49 C.F.R. Part 630. xxv. IDOT CERTIFICATIONS AND ASSURANCES Section 25-1. Procurement A. Contracts - The RTA reserves the right to approve all contracts for goods, property, and services that exceed $10,000 before the Grantee executes or obligates itself to these contracts. Any of these contracts or their subcontracts shall contain and comply with all of the contract clauses pursuant to FTA Circular 4220.1E and 49 CFR Parts 18.36, 19.40- 19.48. The Grantee shall follow state and federal law and procedures (and local policies not inconsistent with them) when awarding and administering contracts. The Grantee agrees to give each contract full opportunity for free, open, and competitive procurement as state law requires. B. Exclusionary or Discriminatory Specifications - Apart from inconsistent requirements that federal and state law impose, the Grantee and its contractors will agree that it will not use federal or state funds to support procurement utilizing exclusionary or discriminatory specifications and will comply with 49 V.S.C. Section 5323(h)(2). C. Buy America - Each third-party contract (valued at more than $100,000 for Construction and Acquisition of Goods or Rolling Stock), which uses FTA assistance must conform with 49 U.S.C. Section 53230), and FTA regulations, "Buy America Requirements," 49 CFR Part 661. The Grantee will include the applicable Buy America Certifications and will incorporate its provisions as a part of every relevant third-party contract. D. Geographic Restrictions - The Grantee and its contractors agree to refrain from using state or local geographic preferences, except for those which federal statutes expressly mandate or encourage and those that the R T A, IDOT and the FT A permit. E. Third-Party Disputes or Breaches - The Grantee agrees to pursue all legal rights available to it when enforcing or defending any third-party contract. The RTA, IDOT and the FTA reserve the right to concur in any compromise or settlement of any third-party contract claim involving the Grantee. The Grantee will notify the R T A, IDOT and the FT A of any current or prospective major dispute concerning any third-party contract. If the Grantee seeks to name the Government as a litigant, the Grantee agrees to inform the R T A, IDOT and the FT A beforehand. The Government retains a right to a proportionate share of any proceeds derived from any third-party recovery. Unless the Government permits otherwise, the Grantee will credit the Project Account with any recovered liquidated damages. Nothing in here shall waive or intend to waive IDOT or the FTA's immunity to suit. Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 41 of 41 Section 25-2. Ethics Bribery - Non-governmental Grantees and third-party contractors shall certify that they have not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or local government. They also certify that they have not admitted guilt of such conduct which is a matter of record, nor do they have an official, agent, or employee who has committed bribery or attempted bribery on the firm's behalf under the direction or authorization of one of the Grantee's responsible officials. They also certify that they have not been barred from contracting with a State or local governmental unit as a result of a violation of Section 33E-3 or 33E-4 of the Illinois Criminal Code. Section 25-3. Indemnification and Insurance The Grantee agrees to save harmless and indemnify the Government, and its officials, employees, and agents, from any and all losses, expenses, damages (including loss of use), demands, suits, and claims and shall defend any suit or action, brought at law or in equity, based on any alleged injury (including death) or damage arising from actions or inactions of the Grantee and the Grantee's employees, officers, agents, and contractors (and their subcontractors), and shall pay all damages, judgments, costs, fees and expenses, including attorney's fees, incurred by the Government and its officials, employees, and agents concerning this Project. The Grantee agrees that it will maintain or cause to be maintained for the Project's duration, these self-insurance or insurance policies to protect the Grantee from any property damage or bodily injury claims, including death, which may arise from or regard the operations, actions, and/or inactions hereunder by the Grantee, or by anyone that the Grantee directly or indirectly employed or had associated. The Grantee shall also furnish the RTA with certificate(s) evidencing all such required insurance coverage, with the Government named as an additional insured and protected party, where appropriate. The Grantee's cost for this insurance shall not be an item of eligible Project Cost. Section 25-4. Independence of Grantee The Grantee or any of its employees, agents, contractors, or subcontractors shall never be considered agents or employees of the RTA, IDOT, the FTA, the US DOT, or State of Illinois. The Grantee also agrees that none of its employees, agents, contractors, or subcontractors will hold themselves out as, or claim to be, the Government's agents, officers, or employees and will not by reason of any relationship with the Grant make any claim or demand to, or apply for, any right or privilege applicable to an agent, officer or employee of the Government, including but not limited to, rights and privileges concerning workmen's compensation and occupational diseases coverage, unemployment compensation benefits, Social Security coverage, or retirement membership or credit. Section 25-5. Civil Rights A. Federal Equal Employment Opportunity - The Grantee agrees to include the following requirements, which apply to this Project, in each contract and subcontract financed wholly or partly with the FT A's assistance: 1. General Requirements: The Grantee agrees as follows: a. Discrimination Prohibited - Under 42 U.S.C. Section 2000e and 49 V.S.C. Section 5332, the Grantee agrees to comply with applicable Federal statutes, Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 42 of 42 executive orders, regulations, and Federal policies, including the U.S. Department of Labor regulations entitled, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Part 60 et seq., (which implement E.O. No. 11246, "Equal Employment Opportunity," as amended by E.O. No. 11375 and "Amending E.O. No. 11246, 'Relating to Equal Employment Opportunity,"') that may in the future affect construction activities that are undertaken in the course of this Project. The Grantee agrees to take affirmative action to ensure that Grantees are employed, and that employees are treated during their employment, without regard to race, color, creed, sex, age, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation; and selection for training, including apprenticeship. The Grantee also agrees to comply with any implementing requirements that the FT A may issue. B. Illinois Human Rights Act - The Grantee shall comply with the "Equal Employment Opportunity Clause" that the Illinois Department of Human Rights requires. It is understood that the term, "contractor," shall also mean "Grantee." The Equal Employment Opportunity Clause reads as follows and shall apply to the Project: The Grantee may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, if the Grantee fails to comply with any provisions of the Illinois Equal Employment Opportunity Clause and/or the Illinois Human Rights Act Rules and Regulations of the Illinois Department of Human Rights (hereinafter "Department" for this subsection only). The Agreement may be wholly or partly canceled or voided and other sanctions or penalties may be imposed or remedies invoked as statutes or regulations have provided. During the Grantee's performance of the Agreement, the Grantee agrees as follows: 1. That it will not discriminate against any employee or Grantee for employment because of race, color, religion, sex, national origin, sexual orientation, ancestry, age, physical or mental handicap unrelated to ability, or unfavorable discharge from military service. It will also examine all job classifications to determine if minorities or women are underutilized and take appropriate affirmative action to rectify any underutilization. 2. That, if it hires additional employees to perform this contract or any portion of it, the Grantee will determine the availability (under the Department's Rules and Regulations) of minorities and women in area(s) where it may reasonably recruit and hire for each job classification that employees are hired, in a way that minorities and women are not underutilized. 3. That the Grantee will state that all Grantees will be given equal opportunity without discrimination based on color, race, religion, sex, national origin, sexual orientation, ancestry, physical or mental handicap unrelated to ability, or unfavorable discharge from military service in all solicitations or advertisements for employees placed by it or on its behalf. 4. That the Grantee will send a notice to each labor organization or workers' representative that has a collective bargaining agreement or other agreement or understanding that binds the Grantee, to advise them of the Grantee's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If a labor organization or representative fails or refuses to cooperate with the Grantee in its efforts to comply with the aforementioned Act and Rules and Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 43 of 43 Regulations, the Grantee will promptly notify the Department and the contracting agency and recruit employees from other sources when necessary to fulfill its obligations thereunder. 5. That the Grantee will submit reports that the Department's Rules and Regulations have required, furnish all relevant information that the Department or contracting agency may request from time-to-time, and fully comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 6. That the Grantee will allow the contracting agency and Departmental personnel to access all relevant books, records, accounts, and work sites to determine its compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 7. That it will include this section's provisions verbatim or by reference in every subcontract it awards, under which any portion of the contract obligations are undertaken or assumed, so that these provisions will bind the subcontractors. In the same manner as with other provisions of these Certifications & Assurances, the Grantee will be liable for its subcontractors' compliance with this clause's applicable provisions and will promptly notify the RTA and IDOT if any subcontractor fails or refuses to comply with these provisions. The Grantee will also not use any subcontractor that the Illinois Human Rights Commission declares ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. C. Disadvantaged Business Enterprise ("DBE") - To the extent required by federal law, regulation, or directive, the RTA encourages all of its grantees to make a good-faith effort to contract with "DBEs." Grantees who receive more than the minimal federal assistance threshold (currently $250,000 in FT A capital and operating funds, exclusive of funds for transit vehicles purchases, see 49 CFR Part 26.67, or $100,000 in planning funds) agree to facilitate participation of disadvantaged business enterprises (DBE) as follows: 1. The Grantee agrees to comply with current U.S. DOT regulations at 49 CFR Part 26, including any amendments thereto that may be issued during the term of the Agreement. 2. The Grantee agrees that it shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. DOT-assisted contract. The Grantee agrees to take all necessary and reasonable steps under 49 CFR Part 26 to ensure that eligible DBEs have the maximum feasible opportunity to participate in U.S. DOT-assisted contracts. The Grantee DBE program, if required by 49 CFR Part 26 and as approved by U.S. DOT, is incorporated by reference into the Agreement. Implementation of this program is a legal obligation, and the R T A shall treat failure to carry out its terms as a violation of the Agreement. Upon notification to the Grantee of its failure to carry out its approved program, U.S. DOT may impose sanctions as provided for under 49 CFR Part 26. 3. The Grantee agrees to include the following clause in all of its agreements and in of its third party contracts funded wholly or partly with Governmental assistance: "The Grantee or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this (contract or agreement). The contractor shall carry out applicable requirements of 49 CFR Part 26 in the Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 44 of 44 award and administration of V.S. DOT assisted (contracts or agreements). Failure by the (contractor, or subcontractor) to carry out these requirements is a material breach of the (contract or agreement), that may result in the termination of this (contract or agreement) or such other remedy as the RTA deems appropriate. " D. Disabilities 1. Access Requirements for Individuals with Disabilities - The Grantee agrees to comply with and assure the R T A that any third party contractor under this Project complies with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA); 42 V.S.C. Section 12101 et seq.; 49 V.S.C. Section 5301(d); Section 504 of the Rehabilitation Act of 1973, as amended; 29 V.S.C. Section 794; Section 16 of the Federal Transit Act, as amended; 49 V.S.C. App. Section 1612; Architectural Barriers Act, as amended; 42 V.S.C. Section 4151 et seq.; and the following regulations and any amendments thereto: a) DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; b) DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38; Section 25-6. Substance Abuse/Drug Free Workplace The Grantee agrees to comply with the Illinois (30 ILCS 580/1 et seq.) and V.S. DOT Drug Free Workplace Acts; V.S. DOT regulations entitled, "Drug-Free Workplace Requirements (Grants)," 49 CFR Part 29 Subpart F, as modified by 41 V.S.C. Section 702, et seq.; when promulgated, V.S. DOT regulation, "Government-wide Requirements for Drug Free Workplace (Grants)," 49 CFR Part 32; and other V.S. DOT and FTA regulations and guidance pertaining to substance abuse (drugs and alcohol) that may be promulgated. If applicable, the Grantee also agrees to comply with all aspects of the anti-drug program outlined in the "Prevention of Alcohol Misuse and Prohibited Drug Vse in Transit Operations" regulation, 49 CFR Part 655, the "Procedures for Transportation in Workplace Drug and Alcohol Testing Program, as revised December 19, 2000" regulation, 49 CFR Part 654, and to require contractors and subcontractors, when applicable under 49 V.S.C. Section 5331 and 49 CFR Part 655, to do the same. Section 25-7. Environmental Requirements The Grantee recognizes that many federal and state statutes, which impose environmental, resource conservation, and energy requirements, may apply to the Project. Accordingly, the Grantee agrees to adhere to, and impose on its third party contractors, any federal and state requirements that the Government may now or in the future promulgate. The Grantee expressly understands that the following list does not constitute the Grantee's entire obligation to meeting federal requirements. A. Environmental Protection - To the extent applicable, the Grantee agrees to comply with the requirements of the National Environmental Policy Act of 1969, as amended, 42 V.S.C. Section 4321 et seq.; Section 14 of the Federal Transit Act, as amended, 49 V.S.C. App. Section 1610; the Council on Environmental Quality regulations, 40 CFR Part 1500 et Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 45 of 45 seq.; and the joint FHW A/FT A regulations, "Environmental Impact and Related Procedures," 23 CFR Part 771 and 49 CFR Part 622. B. Air Quality - The Grantee agrees to comply with applicable requirements of the following Environmental Protection Agency (EPA) regulations: "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Act," 40 CFR Part 51 Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 CFR Part 93. To support this Project's requisite air quality conformity finding, the Grantee agrees to implement each air quality mitigation and control measure incorporated in the Project. The Grantee agrees that any Project that is identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure, will be wholly consistent with the description of the Project's design concept and scope set forth in the SIP. The EP A also imposes requirements pertaining to the Clean Air Act, as amended that may apply to transit operators, particularly operators of large transit bus fleets. Thus, the Grantee should be aware that the following EP A regulations, among others, may apply to this Project: "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines," 40 CFR Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines: Certification and Test Procedures," 40 CFR Part 86; and "Fuel Economy of Motor Vehicles," 40 CFR Part 600. C. Use of Public Lands - To the extent applicable, no publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, state, or local significance as determined by federal, state, or local officials having jurisdiction thereof, or any land from a historic site of national, state, or local significance may be used for this Project, unless U.S. DOT has made specific findings required under 49 U.S.C. Section 303. D. Mitigation of Adverse Environmental Effects - Should the proposed Project cause adverse environmental effects, the Grantee agrees to take all reasonable steps to minimize such effects pursuant to 49 U.S.C. Section 5324, all other applicable statutes, and the procedures set forth in 23 CFR Part 771 and 49 CFR Part 622. E. Energy Conservation - The Grantee and its third party contractors at all tiers shall comply with applicable mandatory standards and policies relating to energy efficiency that are contained in applicable state energy conservation plans issued under the Energy Policy and Conservation Act, 42 U.S.C. Section 6321 et seq. F. Clean Water - For all contracts and subcontracts exceeding $100,000, Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Water Pollution Control Act, 33 V.S.C. Section 1251 et seq. G. Clean Fuels - To the extent applicable to the Grantee and its contractors and subcontractors, the Grantee shall comply with the requirements of the "Clean Fuels Formula Grant Program," 49 CFR Part 624 and any of the federal government other requirements, 49 U.S.C. Section 5308. Section 25-8. Privacy Should the Grantee, or any of its third party contractors, or their employees, administer any system of records on behalf of the Federal or State Government, the Privacy Act of 1974, 5 U.S.c. Section 552a and 49 CFR Part 29 Subpart F, imposes information restrictions on the party managing the system of records. Exhibit E-Professional Consultant Services Agreement between the Village of Mount Prospect and TranSystems Page 46 of 46 Mount Prospect INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois FROM: MICHAEL E. JANONIS, VILLAGE MANAGER MICHAEL DALLAS, ADMINISTRATIVE ANALYST FEBRUARY 15, 2008 "&. M~ z.JI1,OS TO: DATE: SUBJECT: CLEAN AIR REGULATIONS PURPOSE To obtain the Village Board's approval to replace Chapter 19, Article VIII, of the municipal code, entitled "Clean Air Regulations" with a revised version that primarily regulates the placement, installation, and use of smoking shelters, as well as prohibits smoking on public usage property. BACKGROUND On February 8, 2008, the Village Board reviewed the revised Clean Air Regulations. During the meeting, the Board identified several concerns and directed staff to make changes. DISCUSSION During the week, staff examined the issues identified by the Board and made the following revisions: . Defined the phrase "clear opening" so that it meets the intent of an open area; . To address security concerns, required that the smoking shelter walls be transparent; · Added seating; . Provided a minimum number of tobacco waste receptacles; · Added garbage receptacles; . Added language that refers to Section 14.306, "Accessory Structures," of the Village's zoning code to address location concerns. See Exhibit A for the revised version of the Clean Air Regulations ordinance. Please note, Section 19.804 (B) provides the Board two different shelter location regulation alternatives to choose from. The first alternative (ALTERNATIVE #1) subjects the location of the shelter to the requirements outlined under Section 14.306, "Accessory Structures," of the Village's zoning code. See Exhibit B for Section 14.306. Importantly, as an exception to the zoning code, the Clean Air Regulations ordinance permits shelters to be located in a front or side yard if it cannot be located in a back yard. Staff believes that without this exception, most Village businesses currently interested in a shelter could not erect one. The second alternative (ALTERNATIVE #2) specifically addresses the location and set-back requirements without the need to refer back to the zoning code regulations. L H:IVILMllnternlMDallaslSmoking OrdinancelSmoking ShelterslBoard Meeting - 2. 19.08lRevised Clean Air Regulations Support Memo.doc Revised Clean Air Regulations February 15, 2008 Page 2 The other concerns identified by the Board, but not addressed in the revised draft ordinance, include: · Police enforcement; · Fairness - Not every business can have a shelter due to site issues; . Penalty - Should a business license be revoked for a violation; . Permitting outside heaters in unenclosed structures is inconsistent with the adoption of the Greenest Region Compact. RECOMMENDATION Staff recommends the Board review the revised ordinance, select one of the aforementioned alternatives under Section 19.804 (B), discuss the unaddressed concerns , and provide direction. chael Dallas Administrative Analyst c: Dave Strahl, Assistant Village Manager Bill Cooney, Community Development Director AN ORDINANCE REGULATING THE INST ALLA TION OF SMOKING SHELTERS AND PROHIBITING SMOKING ON PUBLIC USAGE PROPERTY IN THE VILLAGE OF MOUNT PROSPECT. ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule unit pursuant to the provisions of Article VII Section 6 of the Constitution of the State of Illinois; and WHEREAS, the Village has authority and power to regulate for the protection of the public health and welfare; and WHEREAS, pursuant to the provisions of 65 ILCS 5/11-19 1-1-11 the Corporate Authorities of the Village have the authority to prescribe by ordinance the regulation of the use oflands connected with the emission of air contaminants and may abate operations activities or uses causing air contamination; and WHEREAS, the President and Board of Trustees have discovered that business owners throughout the Chicago metropolitan area, in response to the municipal and state regulation of smoking indoors and outdoors within 15 feet of any entrance, exit, open window, or ventilation intake that serves an enclosed area, are proposing or have already installed temporary or permanent smoking shelters adjacent to their facility; and WHEREAS, the health and safety ofthe community is at risk due to the type of materials used to construct these shelters and the mechanical and electrical devices installed to light, heat, and entertain it; WHEREAS, the smoking shelters' design and installation are often inconsistent with the business facility's appearance, as well as the appearance and character of the neighborhood; and WHEREAS, a potential risk exists that the smoking shelter may be used as an outdoor lounge for consuming food and liquor. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: Chapter 19, Article VIII, entitled "Clean Air Regulations," of the Mount Prospect Village Code shall hereby be amended by deleting the current Article VIII and substituting a new Article VIII to read as follows: ARTICLE VIII Sec. 19.801 TITLE This article shall be known as CLEAN AIR REGULA TIONS and shall be in addition to the provisions of any state or federal legislation. COrd. 5607, 1-2-2007, eff. 3-15-2007). I tLIVILM~.~In\MDallas\Smok,"a OrdinancelSmoklna ShellerslBoard Meeting - 219.G8\Srnaklna Shelter Ordinance VaG - Exhll)il Ado,. , , , , ' , " Deleted: H:\VILMllntern\MDallas\Sm eking Ordinance\Smeking Shelters\COW Meeting - 2.12.0B\Smeking Shelter Ordinance V5.0 - Exhibit E.dec /:.. , , , { Deleted: , l!L The shelter and any approved fixtures. ,4ey~c~~. _or ft~llish inf,l,s_ I!I\:!S! !>~ .cQl'!.s!f!l~t~<! ~_d_ i!l~tl!l!e9"."".' Deleted: H:\VILMllntem\MDallas\Sm in a~cordance w~th t~e Village' s p_uild~g and,fi~es_ c~de~. as well as adhere to all applieal1Ic load '._ /,,' ~~i~~e~~6~~c~~~~~i~9 reqll1rements a~_?elJoI1hJ~L!h_~Jlltefl!;)!1onal BllI_Wlng_CQ\li<_. 2_12.08\Smoking Shelter Ordinance V5.0 - Exhibit E.doc Sec. 19.802 DEFINITIONS ~:L~AILQP~J;;~LNG;__i\J?Q!::!j91LQf a ~~l~!1~LllmL~lLQLC;Q_y.~~~Lbx-~1!!Y-'!1.ate.ri~L~nd jgQI]mJ~!J;:lLQQ~I)JQ the ?ir and traversable. SMOKING: The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other similar object. (Ord. 5607, 1-2-2007, eff. 3-15-2007). SMOKING SHELTER: A structure that is designated by a business owner to be used solely for the purpose of smoking legal tobacco products. ~ec. 19~803 PUBLIC U~A9E }>RJ)PEIUY: Smoking on or in any train station, platform or bus shelter owned or used by any public transportation agency or in any municipal garage is prohibited. Sec. 19.804 SMOKING SHELTERS A. A smoking shelter shall be designed, constructed, and installed according to the following requirements: I. The shelter must be detached from any other building. 2. The shelter may be no larger than one hundred fifty (150) square feet. L The shelter must have at least one permanently clear opening that is not less than eighty inches. (80") in height and sixty inches (60") in width. 4. The walls orthe shelter must be made ora clear. transparent material. 5. The shelter may utilize UL approved outdoor lighting fixtures and UL approved electrical heating fixtures. Such fixtures shall be hard wired and installed and operated according to manufacturers specifications. The shelter may not contain any other electrical devices or any other mechanical devices, such as televisions or generators. 6. Seating may be installed in the shelter. While the shelter is in operation. the seating IllUSt be.- permanently attached to the shelter or to the ground. No stools or chairs (freestanding or attachs:d) are---llilflnittedjnside the shelter. L Tables, par counters, signs, or any other type of furnishing~~reprohibited. 8. The shelter must have at least one. but no more than two. tobacco waste receptacles must bc.' . approved by listed with a recognized fire of I ire safety agencv. TIle shelter must also have at least g-,}~g~[l;>ill_J:~_(;_ep_t1!f.!~, 9. Materials used to construct the shelter. seating. and all waste receptacles must be non-' combustible. as deflned bv the International Building Code. I H:IVJj"M\lnt,,-,nIMQ;lllas\SmokInQ OrdlnancelSmokina Shelters\Board M~ - 2.19081Smakina Shelter Or_dinance V6.0 - Exhibit Adac;. _ _ _ _ _ _ _, [ ~eleted: 'If --l .., Formatted: Bullets and Numbering -l I Deleted: , 'I Materials used to construct the shelter must be non-combustible, as defmed by the International Building Code. i Formatted: Bullets and Numberi~~J i Formatted: Bullets and Numbering " Deleted: chairs, Deleted: , other than up to two receptacles for disposal of tobacco waste, Formatted: Bullets and Numbering . Formatted: 8ullets and Numbering Formatted: Bullets and Numbering Deleted: lighting Deleted: zoning, Deleted: fIre codes . AL TERNA TlVE !! I-B. A smoking shelter's location is subiect to J.h~ location reglllationsset fOl1h., .\!.n9~'.('J)1l.Rlt<r..J9lJr1.\&.1),..~~~ti\~LL4JJl(LQl'J.b.t_Yil.~1gt<'.~..zol}h!g..~Q!it,__e.1!til.l~~L~~As~S:.s.~\)[l_SJI:P.l:;!!!~s.,:: .,'., The fi.1llowing exceptions. thoug:h. supersede anv conilicting provisions in the zoning code;; L....Lhe ~helter must be located,..at I.east fifteen (15) feet fromanyelltrance, exit, ()pen window,orc, " ventilation intakeJhatserves an enclosed area where smoking is pro~ibitlld;'~L ',x:. ~ " If there is no space available in the required rear yard to install a smoking shelter. then the shelter< .\\~;,::,:" may be located in a required il'on! yard or required side yard so long as it is located no closer than ',':, , ' len.(J.Q1J~.eJ.1l'QJ)1;myJQ1JiJle". . , I . . ALTERN/\. TIVE #2 - B. For purposes of the zoning code. a smoking shelter is not deemed an accessory s.trlleture.. AccorgimdhA2TIokingjhelter may.onlvJlc;.Jocated as. follQ~s,;, I. On the samc premises as the business whose patron it serves. 2, On an approved surface. ~_~_ . J\~..9.t _J.~??..,JhCllJjIJ1~yn __.{.1,,5.)____f~~t.,",Jt.QJU_J!J1Y.'m~ntr.mJ.~~_~,J:~.;sjl~, "_.Q.P.._~n.__yy.in.Q_.Q.~y_~_,_.,Qr..".,y.~nt.jJ.~J.i.Q.!L..iIJJ~_kg.....th.nJ of, ;,' serves an enclosed area where smoking is prohibited. 4. The shelter must conform to the zoning setback rClluircments for the propeJ1Y. If the structure. cannot meet the setback requirements due to Dhysical constraints. then the structure may be located in a required yard so long as it is located no closer than ten (10) feet from anv 101 line. C. The service and/or consumption of any drinks or food in the smoking shelter are strictly prohibited. D. The installation and modification/remodeling of a smoking shelter requires a building permit A non- refundable fee is required for the initial permit application. An additional fee is required for each subsequent modification/remodeling permit These fees shall be in the amount set forth in Division II, Appendix A of this Code. E. Maintenance ofthe smoking shelter is the responsibility ofthe property owner. Sec. 19.805 PENALTY Any person violating any provisions of this article shall be subject to a fme as set forth in Appendix A, Division III of this Code. If the premises is licensed for the service of alcoholic beverages and an alcoholic beverage is served or consumed in the smoking shelter, it shall be a violation of the liquor license. SECTION 2: Appendix A, Division II shall be amended by adding the following to Chapter 19: Sec. 19.804 SMOKING SHELTERS: D. Nonrefundable Fee: $250.00 Each subsequent modification/remodeling permit: Fee $50.00 SECTION 3: Appendix A, Division III shall be amended by adding the following to Chapter 19: I !:j:\VILM:1l!ili'm)!VIDallas\SmoklmQ[d'nan~SmokllliLShelters\Board Meehno -- 2.1908\Smoklno Sheltel Ordinance V6.0 -- Exhib~ _ _ _ _ _ _ _;' Deleted: 1 1 <#>The construction and installation of the shelter must also adhere to all J applicable load requirements as set forth by the International Building Code.' Formatted: Bullets and Numbering . Deleted: . .. , Deleted: may be located only as follows Deleted: Deleted: L. Deleted: On the same premises as tile 1 business whose patrons it serves.' , Deleted: <#>2. . , ~eleted: <#>On -an approved surface"--l , 3.. Not \\",',1 Deleted: less than Formatted: Bullets and Numberi~ Deleted: . - "1 Deleted: . Formatted: Bullets and Numbering! , ',',"', '::,': Deleted:, i " ,," ':-\~D;i~t~:','----~=="=='"'"::J ," '~:: Formatted: Indent: Left: 0.25" "=:J , ,y'J Deleted: 4. ] , . -- " , ", Deleted: The shelter must be set back at I , least ten (10) feet from any lot line. .. Formatted: Bullets and Numbering ",':;~matted: Indent: Left: 0.25" ~ ":',~atted: Bullets and Numbering J "r Formatted: Bullets and Numbering 1 ~tted: Bullets and Numbering l Deleted: H:IVILMllntemlMDallaslSm oking Ordinance\Smoking Shelters\COW Meeting -- 2.12.08\Smoking Shelter Ordinance V5.0 . Exhibit E,doc Section 19.805 PENALTY Fine: $ SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2008 Irvana K. Wilks, Mayor ATTEST: M. Lisa Angell, Village Clerk I !:j:\VILMlIDtern\MDal!ils\SmoK,"q9rdl@nce\~mokl'J!LSh<ill€j[s\Board Me-E.~~.08\SmoklnQ iihelter Ordinance V6.0 - Exhibit A doc. _ _ . . . _ .; Deleted: H:\VILMllnternlMDallaslSm oking OrdinancelSmoking ShenerslCOW Meeting - 2.12.08ISmoking Shelter Ordinance V5.0 - Exhibit E.doc 14.306: ACCESSORY STRUCTURES: 14.306: ACCESSORY STRUCTURES: A General Requirements: The following restrictions on accessory buildings, structures and uses apply to all zoning districts: 1. Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of a principal building. 2. Yard Requirements: No accessory building, structure or use shall be located in a required front yard, required side yard or exterior side yard, unless otherwise provided for in th is chapter. 3. Height Requirements: No detached garage shall exceed a maximum height of twelve feet (12'). No other accessory building/structure shall exceed ten feet (10') in height. 4. Separation Between Buildings: A detached accessory building or structure shall be located no closer to the principal building than three feet (3'). Detached garages located between three feet (31) and ten feet (1 0') from a principal building shall be provided with a five-eighths inch (5/8") drywall finish on the interior walls and ceiling. Decks attached to the principal building are permitted to attach to a swimming pool if all required rear and side yard !:!etbacks are met and the .deck is designed with a gate between the deck and pool and access is provided to the yard from the deck. 5. Number Of Accessory Structures: The maximum number of accessory structures shall not exceed two (2) such structures per zoning lot. Swimming pools are exempt from the total number of accessory structures. 6. Shed Restrictions: A shed shall not be utilized to store motorvehicles or as office, work or living space. 7. Roof Pitch: No accessory structure shall have a roof pitch of less than three to twelve (3: 12). B.Restrictions In Residential Districts: 1. Maximum Size: a. Garages: A detached private garage may be no larger than six hundred seventy two (672) square feet. b. Sheds: A shed may be no larger than the smaller of the following: (1) Two percent (2%) of thelotarea; or (2) Two hundred (200) square feet. 2. Bulk Restrictions: On lots fifty five feet (55') in width or less, detached accessory structures shall be set back three feet (3') from any interior side or rear lot line. On lots greater in width than fifty five feet (55'), detached accessory structures shall be set back 14.306: ACCESSORY STRUCTURES: Page 2 of 4 five feet (5') from any interior side or rear lot line. No accessory structure shall be placed on any dedicated easement. Accessory structures shall be included in any maximum lot coverage calculation. C.Restrictions In Business And Industrial Districts: 1. Maximum Area: Detached accessory building(s) or structure(s) shall occupy no more than thirty percent (30%) of the area of a required yard. 2. Yard Requirements:. Accessory structures shall be set back six feet (6') from any side or rear lot line. No accessory structure shall be placed on a dedicated easement. D.Regulations For Specific Accessory Structures And Uses: 1. Garbage Dumpsters And Recycling Containers: a. Required: All multi-family buildings utilizing centralized solid waste services shall provide a garbage dumpster and recycling container area which meets the minimum standa~ds which have been established by the solid waste coordinator. b. Location: Outdoor designated garbage dumpsters and recycling containers shall maintain the same setbacks as parking lots. Dumpsters and containers that are located within covered parking areas shall be designed so that they do not conflict with required parking spaces or access drives. c. Screening: Such dumpsters and containers shall be screened on all sides by a solid wood fence or equivalent screening material to a height not less than six feet (6'). . Multiple-family residential developments shall provide screening on no less than three (3) sides. 2. Accessory Commercial Uses Within Multi-Family Residences: Accessory commercial uses including restaurants, drugstores, retail food shops, valet services, beauty and barber shops, and physical fitness or health facilities shall be permitted within multi-family buildings provided that the accessory uses must be accessible to the public only through the lobby of the building; and no advertising or display related to the accessory use shall be -visible from outside the building. 3. Accessory Uses Within Office,Buildings: Accessory uses located within office buildings including cafeterias, restaurants, gift shops, flower shops, snack bars, drugstores, barbershops, beauty parlors, banks, daycare centers, and office supply stores (excluding sales of office machinery and furniture) shall be permitted provided that said accessory uses are conducted for the convenience of the employees, patients, patrons, or visitors. Said accessory uses shall be designed and located totally with in the confines of the prinCipal building and the primary access to any accessory retail use shall be from within the principal building. 4. Parking Lots And Access Drives: Parking lots and access drives shall not be subject to the restrictions of this subsection, but shall be subject to landscape requirements 1. 5. Signs: Signs shall not be subject to the restrictions of this subsection but shall be subject http://66.113.195.234/IL/Mount%20ProsoectlI5003000000006000.htm ., /1 c\/')(\(\R 14.306: ACCESSORY STRUCTURES: Page 3 of A to the sign ordinance 20f the village. 6. Swimming Pools: The regulations of this subsection shall not apply to any pool having at every point a depth less than twenty five inches (25"). ' '. . No out of doors swimming pool for the use of members and their guests of nonprofit club or organization. or limited to house residents of a multiple-dwelling unit, a block, a subdivision, neighborhood, or other community shall be permitted in an R-1, R-A 6rR-X district. . a. location: Swimming pools shall be loc~ted entirely behind the rear line of the building . of, the principal structure on the lot in the R-1, R-A. R"'2 and R.;.X districts. Swimming pools shall not be permitted in any required front, side or exterior side yards. Pools are '. permitted to encroach into the rear yard provided a 'minimum of fifteen feet (15') is maintained from the rear property Iilie to the edge of the structure. ' b. Area: The surface area of the swimming pool shall be included in total lot coverage. c. 'Construction: All swimming pools shall be constructed according to the requirements of this code. E.Permitted Obstructions In Required Yards: These structures shall be allowed to encroach into the required yards, as follows: 1. Open stoops and canopies. 2. Eaves, storm gutters, chimneys and bay windows extending into such yards not more than twenty four inches (24"), however, in no case shall any such obstruction be located within twelve inches (12") of a property line. 3. Patios, balconies, wood decks, swimming pools and handicap ramps may encroach in the required rear yard; pr,ovided a minimum setback of fifteen feet (15') is maintained between the rear property line and the near edge of the structure, and that no structure is located over or upon an easement. Handicap ramps may encroach into fifty percent (50%) of a required side yard. 4. Service walks, sidewalks, steps and handicap ramps may be installed and maintained as follows: a. Rear or interior side yards: Up to three feet (3') in width. b. Front or exterior side yards: Up to eight feet (8') in width if providing direct and the singular means of access to the primary entry of the .residence; otherwise up to five feet (5') in width. 5. Driveways'may encroach in the required front, side, and rear yards. 6. Central air conditioning units shall be located on the rear elevation of any principal structure. If the unit cannot be reasonably placed on the rear elevation because of operational reasons, such unit may be placed in up to twenty five percent (25%) of a 14.306: ACCESSORY STRUCTURES: Page 4 of 4 required side yard, provided such location does not result in exhaust discharge upon.any adjoining building or vegetation. Documentation verifying that the unit cannot be located at the rear of the structure shall be submitted by the air conditioning installer and approved by the director of community development. A screening plan which, includes fencing or, . landscaping must be submitted with the permit and approved by the director of community development. 7. Statio'nary basketball standards may encroach into the required front. side, anq rear yards. 8. Landscape 'ter~c~s and retaining walls, sUbject to approval by the engineering division and issuance ofa building. permit. (Ord..4590, 9-21-199~; arnd. Ord. 4678, 10-:-4-1994; Ord. 4709,3-7:-1995; Ord. 5034, 7-20-1999; Oi"d. 5071,12-21-1999; Ord. 5173, 3-B-2001; Ord. 5290, 11-19-2002; Ord.5426,4-20~2004; Ord. 5447, 7-19-2004) httn://66.113.195.234/IT JMOllnt%10Pro~np.ct/l ,;omooooooOOl\OOO htrn ,)/1,/')(\(){l