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PROPOSED RESOLUTION
AUTHORIZATION TO ENTER INTO A JOINT FUNDING AGREEMENT AND ENGINEERING SERVICES AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION (“IDOT”) FOR DES PLAINES RIVER 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 local Transportation Alternatives (TAP-L) program for 80% of unfunded construction and construction engineering costs, estimated at $3,500,000 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/or air rights easement and allow the Project to proceed subject to reimbursement of the Railroad for certain costs described in an agreement that will was approved by the Forest Preserves Board of Commissioners on July 1, 2025 (Board Item No. 25-0034); and
WHEREAS, in 2024, CMAP approved a request to increase federal 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 Forest Preserves Board of Commissioners on July 1, 2025 (Board Item No. 25-0032) previously approved a resolution authorizing the Forest Preserves to enter into a joint funding agreement and engineering services agreement with IDOT, but IDOT has not yet posted the Project for construction bidding; and
WHEREAS, due to additional funding that has been requested and/or secured as well as additional cost updates over the course of the last year, it is necessary to amend and replace the resolution approved on July 1, 2025 (Board Item No. 25-0032) with this resolution (Board Item No. 26-325); and
WHEREAS, the current estimated cost of construction is $8,808,642.00 including related project costs but excluding construction engineering; and
WHEREAS, the ICC has awarded a total of $3,863,704.00 in GCPF for construction and related costs ($3,538,804.00, of which $1,350,220.00 was approved in the interim order and $2,188,584.00 for construction and related costs and $324,900.00 for construction engineering costs in supplemental funds approved in the final order) to cover 60% of eligible project costs; and
WHEREAS, construction costs and related costs are estimated at $8,808,642.00, ICC will cover 60% ($3,538,804.00 maximum) of costs related to construction of the bridge structure over the railroad, TAP-L will fund up to 80% ($4,215,870.40.00 maximum) and the Forest Preserves shall be responsible for the balance of $1,053,967.60; and
WHEREAS, TAP-L funding is anticipated to cover up to 80% of Phase III construction engineering costs originally estimated at $750,000.00 after deduction of GCPF funding; 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 TAP-L Grant; and
WHEREAS, the Forest Preserves is recommending award of a construction engineering services contract separately (under Board Item No. 25-0033 as amended by Board Item No. 26-0326) 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 $775,716.00, ICC will cover up to $324,900.00 of costs related to construction engineering of the bridge structure over the railroad, TAP-L will fund up to 80% ($360,653.80) of remaining construction engineering cost and the Forest Preserves shall be responsible for the balance of $90,163.20; 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 $853,287.60 ($775,716.00 + $77,571.60 contingency) for Phase III Construction Engineering services subject to reimbursement by IDOT, and to pay the remaining balance of total estimated unfunded construction cost after approved Grade Crossing Protection Funds and CMAP/TAP-L Funds, directly to IDOT in an amount not to exceed $2,815,696.00 ($1,053,967.60 local share + 20% contingency in the amount of $1,761,728.40) of the total estimated construction cost; 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 Local Public Agency Engineering Services Agreement when executed in their respective final form, shall be submitted to IDOT for approval and final processing.
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