Updated: 11/01/24

Overview

The Fox Creek Road Bridge replacement will increase the safety and capacity of Fox Creek Road and provide multi-modal access to cross Union Pacific Railroad (UPRR). This project is within the Hamilton/Fox Creek corridor, which provides east-west mobility for the community. UPRR and the Illinois Department of Transportation (IDOT) have reviewed the preliminary bridge plans, which have now moved on to the final stages of design. Staff is targeting final roadway and bridge design to be complete by the end of 2024, with construction beginning in 2025.

Project Map from the October 2014 Value Planning Design Study by Benesch

Project Description

The new roadway will consist of two lanes in each direction with a bi-directional center turn lane, totaling five travel lanes. The City will replace the bridge (which will have the same cross section as the rest of the roadway) and install traffic signals at the intersections of Fox Creek Road at Danbury Drive and Fox Creek Road at Beich Road. In addition, the City will construct a 10-foot-wide multi-use trail north of the roadway, connecting the existing trail east and west of the project limits, as well as a sidewalk south of the roadway. These improvements will provide a road design similar to the roadway east and west of the project area.

Funding

Staff estimates that the total construction cost will be up to $14.3 million, which will be paid from state Motor Fuel Tax (MFT) funds. Approximately 60 percent of the bridge replacement costs are eligible for reimbursement from the Illinois Commerce Commission’s (ICC) Grade Crossing Protection Fund (GCPF). This reimbursement will be just under $2 million dollars. The City has applied for an additional $2.6 million Grade Crossing Protection Funds (GCPF), if received, the additional funding would bring the total of GCPF contributions to $4.67 million. 

History

Benesch began the project design in 2014, and the City’s project team held a public meeting in March 2015. They then studied and selected the bridge cross section, which included space for one future track and one access road, per UPRR standards. The City Council approved this design in March 2016. However, when UPRR reviewed the proposal between September 2016 and October 2016, they asked that the bridge accommodate the existing railroad track, two future tracks, and two access roads, citing new standards. At that time, these changes would have cost an additional $800,000. City staff believed this requirement was unreasonable, considering that UPRR did not have any known plans to expand railroad infrastructure under the bridge and that the proposal was submitted under the proper standards at that time. After negotiations with UPRR failed to resolve this issue, City staff filed an ICC petition using a legal consultant, Hinshaw and Culbertson, LLP, in April 2017. The petition requested that the City not be required to pay the additional $800,000 for an oversized bridge, suggesting that UPRR could pay for the oversizing or that the City could be allowed to build the originally proposed bridge.

Illustration of the existing bridge, proposed bridge, and bridge requested by UPRR

For the next year, City staff, working with Hinshaw and Culbertson, attempted to expedite the ICC hearing process with little success. The first hearing did not take place until April 2018. In June 2018, the ICC judge stated that UPRR would have to pay the difference between Bloomington’s proposed bridge and UPRR’s required bridge. As a result, in June 2018, UPRR withdrew their objection to the City’s original design. While waiting for the ICC Order to be issued, the City submitted 30 percent plans to UPRR for review in September 2018.

In February 2019, the ICC Order was entered with a project completion date of February 2021. In March 2019, the City sent a copy of the Order to UPRR, requesting review of the plans submitted the previous September. Between March 2019 and October 2019, UPRR rejected the plans twice but without incorporating the Order. In late October 2019, UPRR accepted the Order, and the City agreed to some minor revisions. Over the next couple months, UPRR reviewed revisions, and the City received contingent structural review approval of the 30 percent plans in February 2020. Benesch submitted pre-final plans to the City in November 2020, and IDOT provided conditional approval of the bridge plans in September 2021. 

Benesch submitted final plans to the City, UPRR, and IDOT in August 2024. UPRR reviewed the plans and provided comments back to the City on September 4, 2024. In these comments, UPRR required to the City to complete an additional track survey. The City obtained a permit, and the survey was completed on October 8, 2024. The changes were incorporated into the plans and resubmitted to UPRR on October 23, 2024. The City is awaiting a response from UPRR regarding the plan updates. 

Schedule

Due to various delays through most of 2019 and into 2020, the City requested a project extension from the ICC. In February 2021, the ICC granted the project extension request to February 21, 2024. The City requested an additional project extension and additional funding from the ICC in January 2024.The City had a status hearing on April 5, 2024. IDOT and the UPRR did not object to a three-year extension for the project to complete construction. The extension was granted in July 2024. The additional funding will be determined as bridge plans and land acquisition are finalized later in 2024. ICC staff has recommended approval of the updated cost division table as of the October 25, 2024, status hearing.  The next status hearing will be on December 6, 2024. 

Land acquisition is ongoing. Appraisals have been completed and reviewed by an independent appraiser. Offers have been sent out to all fourteen property owners with negotiations in various stages.

Prior to putting out for bid, City must obtain an agreement with UPRR to construct a bridge on their property. The project is expected to be advertised and bid during spring 2025, with construction beginning in 2025 and finishing in 2026. Although this is the anticipated timeframe, it is contingent on orderly land acquisition and timely reviews and decisions by UPRR and the ICC. Due to the various delays, the environmental clearances for the project are expired and are currently being updated.