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PROPOSED AGREEMENT
Vendor: Union Pacific Railroad, Omaha, Nebraska
Request: Requesting authorization for the Forest Preserves of Cook County (the “Forest Preserves”) to enter into an agreement
Reason: The Forest Preserves is proposing to build a new pedestrian bridge over active Union Pacific Railroad (“UPRR”) tracks to fill in a gap in the Des Plaines River Trail and is seeking authorization to execute a Pedestrian Bridge Crossing Agreement (the “Agreement”) with the UPRR to authorize the Forest Preserves to: (1) construct and maintain a pedestrian bridge over UPRR tracks, (2) reimburse the UPRR for its project management, engineering review and construction observation costs related to the new bridge, and (3) acquire a permanent easement for ground and air rights and pay the UPRR the agreed value for the easement.
The Agreement is also subject to review and approval by the Illinois Commerce Commission (“ICC”) under its regulatory powers. The Forest Preserves has received preliminary approval by the ICC. A future final ICC order is also anticipated to confirm the award of Grade Crossing Protection (“GCP”) funds for the project, including a pending request for supplemental GCP funding.
The UPRR estimates its costs for project management, engineering review, construction observation and other costs to be $83,425.00, and the easement value not to exceed $30,000.00. GCP funds are expected to cover 60% ($50,055.00) of UPRR costs excluding easement costs, subject to ICC approval of a future final order.
Federal grant funds under the Congestion Mitigation Air Quality (“CMAQ”)/Transportation Alternative Program-L (“TAP-L”) program are expected to cover up to 80% of the Forest Preserves’ match after GCP funds are applied and 80% of the UPRR easement cost and other miscellaneous costs under a separate Joint Funding Agreement with the Illinois Department of Transportation (“IDOT”) (see Board Item No. 25-0032).
Contract Period: Continuous from the date of execution of the Agreement until expiration of the life of the bridge subject to earlier termination in accordance with agreement terms; provided, however, term is permanent for Ground and Air Rights Easement.
Estimated Fiscal Impact: $113,425.00 total estimated costs, including $83,425.00 UPRR fees plus $30,000.00 easement cost, of which the Forest Preserves is expected to be reimbursed $100,751.00 ($50,055.00 in GCP funds and $50,696.00 in additional federal CMAQ/TAP-L funds through IDOT). The Forest Preserves would be responsible for 100% of any costs exceeding the total estimated amounts.
Account(s): Professional Services 51009.520830, 51010.520830, 51029.520830, 51033.520830, 51034.520830, 51036.520830; Real Estate Acquisition 51006.411460 and future Construction and Development accounts
Concurrence(s): The Chief Financial Officer has approved this item. Final agreement is subject to legal review and approval.
The Minority- and Women-Owned Business Enterprise Ordinance is not applicable to this agreement.
District(s): 9
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