TRANSMITTAL LETTER FOR BOARD MEETING OF NOVEMBER 3, 2022
COMMITTEE ON STORMWATER MANAGEMENT
Mr. Brian A. Perkovich, Executive Director
Title
Authority to approve, execute, and make payment to the Illinois Central Railroad Company for construction and easement agreements for the Lyons and McCook Levee Improvements Project (Contract 13-199-3F), Consideration shall be a one-time fee of $2,500.00 for the easement and a deposit of $99,598.00 for the construction agreement, Account 401-50000-667340
Body
Dear Sir:
In connection with the Lyons and McCook Levee Improvements Project (Contract 13-199-3F) (Project), the District must obtain a permanent easement from the Illinois Central Railroad Company (ICRR), a subsidiary of Canadian National Railway, to complete improvements to the Lyons Levee where it crosses ICRR’s property. The property is located near 47th Street and the Des Plaines River in Forest View, Illinois (PINs 18-200-025-0000, 18-12-500-007-0000 and 18-12-500-010-0000). In addition to the permanent easement, a construction agreement with ICRR is necessary because the Project requires the removal and reinstallation of a portion of ICRR railroad track.
On January 21, 2016, the Board of Commissioners (Board) adopted Ordinance No. R16-001 establishing the right-of-way for the construction, operation and maintenance of the Project. These levee improvements will help reduce flooding from the Des Plaines River in the Village of Forest View by restoring an existing levee to enhance stability and seepage control, among other improvements. Said ordinance authorized and directed the Executive Director to negotiate with the respective owners to acquire fee simple title or such lesser interests, as appropriate, in and to the real estate described in the ordinance.
The District and ICRR have reached an agreement regarding the compensation to be paid for the permanent easement in the amount of a one-time fee of $2,500.00. This easement fee is within the range of fair market value based on appraisals for comparable easements. The District and ICRR have also reached an agreement regarding the construction agreement, which is required by the railroad for this type of work being performed on its tracks. Under the agreement, the District will reimburse ICRR for the actual and reasonable costs incurred by ICRR for removing and reinstalling a portion of the tracks required for the Project. Based on the current cost estimate for such railroad work, the District will deposit $99,598.00 into a force account to reimburse ICRR for these costs. Any expenditures above this amount must be approved by the Board.
Similar to other agreements that the District has entered into with railroads, ICRR requires specific conditions for flood control facilities on its property to ensure there is no interference with railroad operations. The District and its contractor will be required to meet ICRR’s insurance requirements and to indemnify ICRR for any loss, damage or injury relating to the work.
It is requested that the Executive Director recommend to the Board that it accept and approve the permanent easement agreement and the construction agreement with ICRR in connection with the captioned Project, including authorization to pay ICRR $2,500.00 as compensation for the easement and $99,958.00 as a force account deposit.
It is further requested that the Executive Director recommend to the Board that the Chairman of the Committee on Finance and Clerk be authorized and directed to execute any documents necessary in connection with the subject agreements after they are approved by the Director of Engineering as to technical matters and by the General Counsel as to form and legality.
Funds are available in Account 401-50000-667340.
Requested, Catherine A. O’Connor, Director of Engineering, KMF:JK
Recommended, Brian A. Perkovich, Executive Director
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for November 3, 2022