DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute Railroad Coordination Agreements For 117th Street Reconstruction And Rescind Resolution No. 25-100
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PURPOSE/ACTION REQUESTED
• Authorize execution of four agreements with Union Pacific Railroad Company (UP) for two improved at-grade railroad crossings and two pipeline crossings on County State Aid Highway (CSAH) 32 (117th Street), County Project (CP) 32-65 in Inver Grove Heights.
• Authorize execution of agreements with National Railroad Safety Services, Inc. (NRSS) for flagging operations and construction observation.
• Authorize execution of agreements with RailPros Field Services, Inc. (RailPros) for flagging operations and construction observation.
• Rescind Resolution No 25-100 (February 18, 2025).
SUMMARY
To provide a safe and efficient transportation system, the City of Inver Grove Heights, in cooperation with Dakota County, is proceeding with CP 32-65. The project will reconstruct 117th Street East from CSAH 71 (Rich Valley Boulevard) to the Trunk Highway (TH) 52/117th Street Interchange. The project is a part of the larger CSAH 32 network in Dakota County, which connects Interstate 35W in Burnsville to TH 52 in Inver Grove Heights. The corridor serves a high volume of freight traffic. The purpose of the project is to meet 10-ton design standards, enhance transportation system efficiency and mobility, provide pedestrian and bicycle facilities, reduce access points, improve pavement conditions, and facilitate the phased development of an essential east-west transportation corridor within the region.
The request to rescind Resolution No. 25-100 (February 18, 2025) involves changes to the costs of the two at-grade crossings, flagging operations, and construction observation. The final price was adjusted in the agreement received after February 18, 2025.
Dakota County Project 32-65 is included in the 2025 Capital Improvement Program (CIP). To proceed with CP 32-65, Dakota County needs agreements with UP to improve the two at-grade crossings of one track of the UP at its Mile Post 338.30, Albert Lee Subdivision DOT# 876418Y ($794,876), and Mile Post 516.22, Roseport Industrial Lead DOT# 184971C ($820,975), and install warning devices as required by state design requirements. The existing at-grade public road crossings are insufficient to allow for the reconstruction and widening of the 117th Street construction. With these agreements, the railroads will grant additional rights to Dakota County to facilitate the reconstruction and widening of the roadway. The proposed agreements provide that UP install the railroad crossings, signals, and gates with its own forces and coordinate its efforts with the road work.
Union Pacific Railroad Company is requiring the County to execute storm sewer pipeline crossing agreements to allow the County-owned facility to cross underneath the rail. The fee for these agreements is $1,368.75 per utility crossing ($2,737.50 total) and is set by State Statute 237.045, Subdivision 6. The City has three separate utility crossing agreements for sanitary sewer (force main and gravity sewer) and water main. Since the County is a government agency and not a private utility, UP enters into formal agreements for such crossings instead of executing permits. This protects both agencies for the long-term operation of their respective facilities and is standard practice for such crossings.
This project has been identified by UP as requiring third-party construction observation and flaggers. RailPros will be providing the construction observation services and flagging operations and construction observation for this project ($247,940), and NRSS will be providing the flagging operations and construction observation ($237,160). Flaggers are required whenever work is taking place within their right of way. Two companies are approved for flagging for UP lines: RailPros and NRSS.
RECOMMENDATION
recommendation
Staff recommends rescinding Resolution No. 25-100 (February 18, 2025). Staff recommends executing the two-storm sewer pipeline crossing agreement and two improved at-grade railroad crossings agreements with UP. Staff recommends executing agreements with RailPros and NRSS for railroad flagging operations and construction observation.
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EXPLANATION OF FISCAL/FTE IMPACTS
The 2025 Transportation Capital Improvement Program includes a total of $23,460,000 for the project.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, to provide a safe and efficient transportation system, Dakota County and the City of Inver Grove Heights are proceeding with County Project (CP) 32-65; and
WHEREAS, the project will reconstruct 117th Street East from County State Aid Highway (CSAH) 71 (Rich Valley Boulevard) to the Trunk Highway (TH) 52/117th Street Interchange; and
WHEREAS, the purpose of the project is to meet 10-ton design standards, enhance transportation system efficiency and mobility, reduce access points, improve pavement conditions, and facilitate the phased development of an essential east-west transportation corridor within the region; and
WHEREAS, the 117th Street corridor is a part of the more extensive CSAH 32 network in Dakota County, which connects Interstate 35W in Burnsville to TH 52 in Inver Grove Heights; and
WHEREAS, the 117th Street and CSAH 71 corridors are considered Tier 1 regional truck corridors; and
WHEREAS, the design includes a two-lane, median-divided roadway for a one-mile segment of 117th Street between Rich Valley Boulevard and the Flint Hills Resources Refinery access, just west of the TH 52/117th Street Interchange; and
WHEREAS, CP 32-65 addressed current and future traffic volumes and safety improvements for the corridor; and
WHEREAS, the County is the lead agency for the construction of the project; and
WHEREAS, Union Pacific Railroad Company is requiring the County to execute a two-pipeline crossing agreement to allow the County-owned storm sewer facility to cross underneath the rail; and
WHEREAS, in order to proceed with construction, Dakota County must enter into an agreement with Union Pacific Railroad Company for the two improved at-grade crossings and installation of warning devices as required by state design requirements; and
WHEREAS, Union Pacific Railroad requires authorized flaggers and construction observers to be on site while any work is being done in the railroad right of way; and
WHEREAS, Union Pacific Railroad Company requires the County to execute agreements with National Railroad Safety Services, Inc. and RailPros Field Services, Inc., for construction observation and flagging operations for 117th Street rail crossing reconstruction; and
WHEREAS, it is necessary for Dakota County to execute an agreement with National Railroad Safety Services, Inc., and RailPros Field Services, Inc., for construction observation and flagging operations for 117th Street rail crossing reconstruction; and
WHEREAS, to proceed with the CP 32-65 project, Dakota County needs agreements with Union Pacific Railroad Company to improve the two at-grade crossings of one track of the Union Pacific Railroad at its Mile Post 338.30, Albert Lee Subdivision DOT# 876418Y ($794,876), and Mile Post 516.22, Roseport Industrial Lead DOT# 184971C ($820,975), and install warning devices as required by state design requirements; and
WHEREAS, Union Pacific Railroad Company is requiring the County to execute two storm sewer pipeline crossing agreements to allow the County-owned facility to cross underneath the rail, and the fee for each agreement is $1,368.75 per utility crossing ($2,737.50 total) and is set by State Statute 237.045, Subdivision 6; and
WHEREAS, CP 32-65 is scheduled for construction in 2025 and included in the Dakota County Capital Improvement Program; and
WHEREAS, staff recommends that the Dakota County Board of Commissioners rescind Resolution No. 25-100 (February 18, 2025) that previously authorized these agreements because Union Pacific Railroad Company revised the anticipated costs in the final agreements; and
WHEREAS, staff recommends executing agreements with Union Pacific Railroad Company for the two at-grade crossings and installing warning devices as required by state design requirements and two storm sewer pipeline crossing agreements to allow the County-owned facility to cross underneath the rail; and
WHEREAS, staff recommends executing agreements with National Railroad Safety Services, Inc., to provide Union Pacific Railroad- required flagging operations and required construction observation; and
WHEREAS, staff recommends executing agreements with RailPros to provide Union Pacific Railroad-required construction observation services and required flagging operations for this project.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute agreements with Union Pacific Railroad Company for two improved at-grade crossings and installation of warning devices on County State Aid Highway 32 in the City of Inver Grove Heights, in the amount of the actual cost for such work in an amount not to exceed $1,615,851(DOT# 876418Y $794,876 and DOT# 184971C $820,975), subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute an agreement with the Union Pacific Railroad Company for storm sewer pipeline crossings associated with CP 32-65 for $1,368.75 per utility crossing set by State Statute 237.045, Subdivision 6, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to enter into agreements with National Railroad Safety Services, Inc., for flagging operations in the amount of the actual cost for such work in an amount not to exceed $237,160, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to enter into agreements with RailPros to provider Union Pacific Railroad-required Construction Observation services in the amount of the actual cost for such work in an amount not to exceed $247,940, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby rescinds Resolution No. 25-100 (February 18, 2025).
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Location Map
BOARD GOALS
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CONTACT
Department Head: Erin Laberee
Author: John Sass