title
PROPOSED RESOLUTION
AUTHORIZATION TO ENTER INTO A JOINT FUNDING AGREEMENT AND ENGINEERING SERVICES AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION (“IDOT”) FOR DES PLAINES TRAIL RECONSTRUCTION AND TO PAY IDOT THE LOCAL SHARE OF COSTS
WHEREAS, the Forest Preserves of Cook County (the ‘Forest Preserves”) is seeking to construct a new pedestrian bridge over active Union Pacific Railroad tracks in Des Plaines, Illinois (the “Project”) for the purpose of improving safety and connectivity in the Des Plaines River Trail in North Cook County; and
WHEREAS, in 2019, the Chicago Metropolitan Agency for Planning (“CMAP”) approved a major federal grant through the Congestion Mitigation and Air Quality (“CMAQ”)/local Transportation Alternatives (TAP-L) program for 80% of unfunded construction and construction engineering costs, estimated at that time at $3,530,000 and $350,000.00, respectively, with such funds to be administered by the Illinois Department of Transportation (“IDOT”); and
WHEREAS, in 2021, the Forest Preserves became aware of Grade Crossing Protection Funds (“GCPF”) through the Illinois Commerce Commission (“ICC”) and received a preliminary award of $1,350,220.00 to cover 60% of the bridge structure portion of the Project, subject to agreement with the Union Pacific Railroad (hereafter “the Railroad’) to allow the Project and grant a ground and air rights easement; and
WHEREAS, after several years of detailed engineering, review by the Railroad and legal action before the ICC, the Railroad has tentatively agreed to grant a ground and air rights easement and allow the Project to proceed subject to reimbursement of the Railroad for certain costs described in an agreement that will require separate approval by the Forest Preserves Board of Commissioners (Board Item No. 25-0034); and
WHEREAS, in 2024, CMAP approved a request to increase federal CMAQ/TAP-L grant funds to $4,493,000.00 for construction costs, including related utility relocation costs, railroad reimbursement and other related costs requiring separate board authorization (Board Items No. 25-0034 and 25-0266); and
WHEREAS, IDOT is responsible for the award of construction contracts and the Forest Preserves is now seeking approval for IDOT to post the Project for construction bids; and
WHEREAS, IDOT requires a resolution to reaffirm the Forest Preserves funding commitment to enter into a Joint Funding Agreement for Federally Funded Construction and an Engineering Services Agreement to pay IDOT the local share of unfunded construction and construction engineering costs associated with the Project that will not be covered by other grants; and
WHEREAS, the current estimated cost of construction is $8,362,366.00 but is subject to potential unanticipated increases that could require drawing upon the approved maximum CMAQ/TAP-L grant amount; and
WHEREAS, the Forest Preserves is anticipating that the ICC will award a total of $3,538,804.00 in GCPF ($1,350,220.00 approved in the interim order and $2,188,584.00 in requested supplemental funds) to cover 60% of eligible project costs once a final agreement with the Union Pacific Railroad is executed and a final ICC Order is issued; and
WHEREAS, after deduction of GCPF project costs (up to $3,538,804.00 including anticipated supplemental funds), federal CMAQ/TAP-L funding is expected to cover up to 80% ($3,858,850.00) of remaining project construction costs ($4,823,562), leaving the Forest Preserves with responsibility for 11.5% ($964,712.00) of the total estimated construction cost; and
WHEREAS, in the event the ICC does not award supplemental funds, 30.1% ($2,519,146.00) of total estimated construction cost will be required as local match; and
WHEREAS, TAP-L funding was increased to cover up to 80% of Phase III construction engineering costs estimated at $750,000.00; and
WHEREAS, the Forest Preserves is requesting supplemental funding from the ICC to cover up to 60% of eligible construction engineering costs (up to $750,000.00), once a final agreement with the Union Pacific Railroad is executed, and a final ICC Order is issued; and
WHEREAS, IDOT recommends that a qualified consulting engineering firm be employed to perform Phase III construction engineering services prior to posting the Project for bid to meet deadlines for use of the funds provided via the federal CMAQ/TAP-L grant; and
WHEREAS, the Forest Preserves is recommending award of a construction engineering services contract separately (under Board Item No. 25-0033) to Bowman Consultant Group after issuing a Request for Qualifications “RFQ” for Phase III Engineering Services and based on qualifications with a total contract amount of $690,563.00, 20% of which ($138,112.60) would be Forest Preserves responsibility, but which could be reduced to $51,344.00 after the pending final ICC approval of Grade Crossing Protection Funds; and
NOW, THEREFORE, BE IT RESOLVED, that the Forest Preserves of Cook County Board of Commissioners hereby authorizes the Forest Preserves, through its President, to enter into a Joint Funding Agreement and Engineering Services Agreement with IDOT in connection with the Project, and to pay an amount not to exceed $750,000.00 for Phase III Construction Engineering services subject to reimbursement of up to 80% by IDOT, and to pay the remaining balance of total estimated unfunded construction cost after approved Grade Crossing Protection Funds and CMAQ/TAP-L Funds, directly to IDOT in an amount not to exceed $2,519,146.00 or 30.1% of the total estimated construction cost assuming the ICC does not approve supplemental GCP funds; and
BE IT FURTHER RESOLVED, that Bowman Consultant Group, of Lisle, Illinois, be engaged to perform Phase III Engineering services in connection with the Project, and that the President of such Board of Commissioners is hereby directed to execute, on behalf of the Forest Preserves, an agreement by and between the Forest Preserves and Bowman for Phase III Engineering services (the “Engineering Services Agreement”); and
BE IT FURTHER RESOLVED, that the Forest Preserves of Cook County Board of Commissioners hereby confirms that sufficient funds are, or will be available, pending annual appropriations, in the Forest Preserves capital funding accounts to pay the local share of construction and Phase III Construction Engineering Services costs; and
BE IT FURTHER RESOLVED, that copies of the Joint Funding Agreement for Federally Funded Construction and the Engineering Services Agreement for Federal Participation when executed in their respective final form, shall be submitted to IDOT for approval and final processing.
end