IP #876COUNCIL
I:\RFA\PUBWORKS12010�Noise Wall Worksession 6-21-10.doc
:. Request for Action
Originating Department
Approved for Agenda
Agenda Section
Public Works
June 21, 2010
Work Session
Item No.
By: Guy Johnson
By: Kirk McDonald, City Manager
11.3
Discussion regarding the Minnesota Department of Transportation's noise wall program gJ6
Requested Action
Staff requests that the Council take part in a discussion regarding the possible construction of a noise wall by
the Minnesota Department of Transportation (MnDOT) along the east side of TH 169. The proposed location
of the noise wall would be from the 36th Avenue area, north to the area of 42nd Avenue.
Background
Through an agreement with MnDOT, the city took part in the construction of a noise wall in 2003. That noise
wall was constructed along the east side of TH 169 from approximately Medicine Lake Road to 36th Avenue.
At that time the construction of the noise wall was contracted and financed by MnDOT. The city's project
costs were limited to the relocation of a section of city storm water pipe that was in conflict with the
construction of the new noise wall.
Staff has been notified by a MnDOT representative that their noise wall program has prioritized a proposed
section of noise wall in New Hope as number four. The wall would run from approximately 36th Avenue,
north to an area close to 42nd Avenue. This proposed section of noise wall along TH 169 was originally
scheduled for construction in 2014. It now appears that the construction of the noise wall could be moved
ahead to 2011. After discussing the possibility of having the noise wall installed, staff would like Council to
consider authorizing staff to work with the MnDOT staff to determine the feasibility of installing a noise wall
along this section of TH 169. One of the first activities MnDOT would like to accomplish is to have an open
house so that MnDOT staff could share information with New Hope residents. The MnDOT staff is very
interested in getting feedback from the property owners and stakeholders abutting the proposed wall.
MnDOT staff would like to hold the open house as soon as August or September.
Funding
The project funding would be 90% by the state and a 10% matching share by the city. The MnDOT staff's
preliminary estimates for project costs are around $1,200,000, making the city's costs approximately $120,000.
Motion by Second by
To: ,
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�0"E8°r+y� Minnesota Department of Transportation
Metropolitan District
OF TFL 1500 County Road B2
Roseville, MN 55113
August 20, 2010
Dear Resident,
The Minnesota Department of Transportation (Mn/DOT) is proposing to construct a noise wall along the
east side of Highway 169 in New Hope, from Rockford Road (County Road 9) to 36th Avenue North.
This is a one-time opportunity for construction of the wall from Mn/DOT'S noise wall program funds.
An informational open house is set for Thursday, September 9 from 6:30 to 8 p.m. at New Hope City
Hall, 4401 Xylon Ave. Mn/DOT representatives and city officials will be on hand to provide information
and visualization materials on the proposed noise wall.
Most importantly, the open house aims to solicit your input on whether or not to build the noise wall. The
New Hope City Council will use this input to determine if the noise wall will be constructed. As
mentioned above, this is a one-time opportunity. Please take time to make your opinion known on this
noise wall issue.
A short opinion form is attached below. You may bring your form to the open house, but additional
forms will also be available at the open house. If you're unable to attend, you may fax your form to
651-234-7786 or mail it to me at Mn/DOT, Metro District, 1500 County Road B2, Roseville MN, 55113.
This notice has been mailed to residents most affected by the proposed noise wall site. If you have
neighbors who are interested in the project, they're also welcome to attend.
Sincerely,
Bre Magee
Public Affairs
Proximity of your home to the highway:
(i.e. first row resident, or one block away)
Name and Address:
Please mark one
I want the noise wall
I do not want the noise wall
An Equal Opportunity Employer
Highway 169 Noise Barrier SP 2772-89
City of New Hope
As part of the Minnesota Department of Transportation's (Mn/DOT) Noise Abatement
Program, a noise wall project has been proposed on the east side of Trunk Highway
169 from north of 36th Ave. N. to south of Rockford Road in the city of New Hope.
Mn/DOT's Noise Abatement Program started in 1997 with a comprehensive study of
noise levels adjacent to MnIDOT highways throughout the entire state as required by
Statute 161.125. In 2002, this Study was further updated to only include the S county
metro area as the Metro District currently is the only District to fund this program.
Within this Study, areas are ranked by their existing noise level, number of homes
adjacent to the roadway, and length of barrier necessary to shield the area.
Currently, Mn/DOT'S noise wall program only provides 90% of the funding to construct
the barrier. The City would be responsible for the remaining 10% of the project costs.
This area was originally scheduled for consideration in 2014. Due to some shifts within
the program, we were able to advance this area ahead to 2011.
The next step in the project process would be to inform the area neighborhood, via a
public open house. The City Staff has requested Mn/DOT Staff to facilitate the open
house. The City Council would be required to approve the project in order for Mn/DOT
to move forward with the design and construction of the project. In the case that the
City of New Hope declines this noise barrier, these funds would be reallocated to other
noise wall projects in the Metro area. This would also result in this area being removed
from the Noise Abatement Program
Project Information:
• Current Letting date- 412011
• Mn/DOT Design Engineer- Victor Vasas
J Current cost est.- $1.2 M (Mn/DOT) $120,000 (city)
Approx. Length- 3250 feet
Average height- 20 feet
Barrier style- concrete postlwooden plank
Color- dark brown (matches wall south of 36th Ave N.)
COUNCIL
Request for Action
Originating Department
Approved for Agenda
Agenda Section
Public Works
August 16, 2010
Work Session
Item No.
By: Guy Johnson
By: Kirk McDonald, City Manager
11.4
Discussion regarding the Minnesota Department of Transportation's noise wall program (improvement
project no. 876)
Requested Action
Staff is requesting that the Council consider a proposed project to construct a noise wall along TH 169, from
the 36th Avenue area, north to the area of 42nd Avenue. Representatives of the Minnesota Department of
Transportation (Mn/DOT) and New Hope staff will share information regarding the possible construction of a
noise wall in this area and maps will be displayed for illustration purposes.
Background
Through an agreement with Mn/DOT, the city took part in the construction of a noise wall in 2003. That noise
wall was constructed along the east side of TH 169 from approximately Medicine Lake Road to 36th Avenue.
At that time the construction of the noise wall was contracted and financed by Mn/DOT. The city's project
costs were limited to the relocation of a section of city storm water pipe that was in conflict with construction
of the new noise wall.
Staff was notified by a Mn/DOT representative that their noise wall program had prioritized a proposed
section of noise wall in New Hope for construction in 2011. The wall would run from approximately 36th
Avenue, north to an area close to 42nd Avenue. Staff shared information regarding the possible construction
of a noise wall with the Council at its June 21, 2010, work session. After discussing the possibility of having
the noise wall installed, Council authorized staff to work with the Mn/DOT staff to determine the feasibility of
installing a noise wall along this section of TH 169. After Mn/DOT's presentation, if the Council wishes to
proceed with determining the feasibility of the project, Mn/DOT would like to hold an open house so that
Mn/DOT staff can share information with New Hope residents. The Mn/DOT staff is very interested in getting
feedback from the property owners and stakeholders abutting the proposed wall.
Motion by Second by
To:
I:\RFA\PUBWORKS\20101Noise Wall Worksession 8-16-10.doc
Request for Action
August 16, 2010
Page 2
Funding
The project funding would be 90% by the state and a 10% matching share by the city. The Mn/DOT staff's
preliminary estimates for project costs are around $1,200,000, making the city's costs approximately $120,000.
Funding for the city's portion could come from a construction project fund or possibly the city's state aid
fund.
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CITY OF NEW HOPE HIGHWAY 169 NOISE BARRIER PROJECT SP 2772-89
is M1
• Cyt ff, fir',New Hope Noise Barrier Approximate Cost at $20/ft' y °'
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69.7
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72.2
62.4
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3 (2)
68.6
60.1
8.5
4 (2)
69.3 1
59.5
9.8
5 (2)
71.5 1
59.8
11.7
9 (2)
66.8
60.3
6.5
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10 (2)
71.9
60.1
11.8
11 (2)
72.0
60.6
11,4
12 (2)
67.7
60.1
7.6
13 (2)
14 (2)
73.4
72.0
61.3
61.3
12.1
10.7
15 (2)
74.2
62,3
11.9
16 (2)
65.8
59.8
6.0
17 (2)
72.6
63.1
9.5
18 (3)
68.5
60.9
76
19 (2)
72.3
63.9
8.4
20 (4)
68.7
64.4
4.3
21 (4)
70.4
63.8
6.6
22 (3)
67.7
64.7
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23 (2)
68.2
62.9
5.3
24 (2)
65.3
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Bold values exceed state standards
Second Pow
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AL,�y
�} LEGEND
MODELED BARRIER PROPOSED
BERM
iJ OO MODELING RECEPTOR
Highway 169 Noise Barrier SP 2772-89
City of New Hope
As part of the Minnesota Department of Transportation's (Mn/DOT) Noise Abatement
Program, a noise wall project has been proposed on the east side of Trunk Highway
169 from north of 36th Ave. N. to south of 42nd Ave. N. in the city of New Hope.
Mn/DOT's Noise Abatement Program started in 1997 with a comprehensive study of
noise levels adjacent to Mn/DOT highways throughout the entire state as required by
Statute 161.125. In 2002, this Study was further updated to only include the 8 county
metro area as the Metro District currently is the only District to fund this program.
Within this Study, areas are ranked by their existing noise level, number of homes
adjacent to the roadway, and length of barrier necessary to shield the area.
Currently, Mn/DOT's noise wail program only provides 90% of the funding to construct
the barrier. The City would be responsible for the remaining 10% of the project costs.
This area was originally scheduled for consideration in 2014. Due to some shifts within
the program, we were able to advance this area ahead to 2011.
The next step in the project process would be to inform the area neighborhood. via a
public c
house.'
to MOVE
City of t
noise w
from the
Projec
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• Curi
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COUNCIL
L\RFAIPUBW0RKS120101876 2011 Noise Wall Supporthoc
Request for Action
4"
Originating Department
Approved for Agenda
Agenda Section
Public Works
September 27, 2010
Development & Planrun
Item No.
By: Guy Johnson, Director
By: Kirk McDonald, City Manager
8.3
Resolution supporting the Minnesota Department of Transportation's (Mn/DOT) proposed noise wall project
and amending the city of New Hope's five-year (2010-2014) Capital Improvement Program (CII'), Improvement
Project 876
Requested Action
Staff recommends that the Council pass a resolution supporting the proposed noise wall project and
amending the city's five-year capital improvement program (2010 - 2014) to include the addition of a
Minnesota Department of Transportation noise wall in 2011.
Background
Through an agreement with Mn/DOT, the city took part in construction of a noise wall in 2003. That noise
wall was constructed along the east side of TH 169 from approximately Medicine Lake Road to 36th Avenue.
At that time, construction of the noise wall was contracted and financed by Mn/DOT. The city's project costs
were limited to the relocation of a section of city storm water pipe that was in conflict with construction of the
new noise wall.
Staff was notified by a Mn/DOT representative that their noise wall program had prioritized a proposed
section of noise wall in New Hope, for construction in 2011. The wall would run from approximately 36th
Avenue, north to an area close to 42nd Avenue. Staff shared information regarding the possible construction
of a noise wall with the Council at ils June 21, 2010, work session. After discussing the possibility of having
the noise wall installed, Council authorized staff to work with the Mn/DOT staff to determine the feasibility of
installing a noise wall along this section of TH 169. WDOT representatives conducted a presentation for the
Council on August 16, 2010, after which the Council authorized proceeding with the open house. Mn/DOT
representatives shared information with New Hope residents at an open house on September 9, 2010.
Mn/DOT staff was very interested in getting feedback from the property owners and stakeholders abutting
the proposed wall. The vast majority of the residents who attended the open house were in favor of a noise
wall construction project.
Motion by Second by
To: 13 7
L\RFAIPUBW0RKS120101876 2011 Noise Wall Supporthoc
Request for Action
September 27, 2010
Page 2
Funding
The project funding would be 90% by the state with a 10% matching share by the city. The Mn/DOT staff's
preliminary estimate for project costs are around $1,200,000, making the city's cost approximately $120,000.
Funding for the city's portion would come from an existing construction project fund.
Attachment
A copy of the resolution, a memorandum from the engineer, and a map of the area are attached.
I:\RFA\PUBWORKS\201018762011 Noise Wall Support.doc
City of New Hope
Resolution No. 10-137
City of New Hope five year (2010-2014)
Capital Improvement Program (CIP)
Minnesota Department of Transportation (Mn/DOT) Noise Wall
WHEREAS, in 1995, the Minnesota Legislature passed Statute 161.125, Sound Abatement
Along Highways, requiring a noise abatement study and noise abatement
measures within or along the perimeter of freeways and expressways in
incorporated areas, contingent on the availability of funding, which included a
survey of all applicable noise standards and feasible noise abatement measures,
and an evaluation of their ability to protect citizens; and,
WHEREAS, as a result of this legislation, Mn/DOT has completed a Metro Noise Study with
identifies the highest impacted areas that offer, potentially, the most cost effective
opportunities for future noise mitigation and accordingly ranks and prioritizes the
areas; and,
WHEREAS, about $1.5 million have been allocated annually for the past ten years to construct
noise walls to provide noise mitigation for the designated areas; and,
WHEREAS, Mn/DOT standard procedure is to review the design and location of the proposed
noise walls and materials to be used with affected communities during the design
process, soliciting local agency support for the placement of noise walls in
particular areas and acceptance of the local agency's financial responsibility, and,
WHEREAS, Mn/DOT is proposing to construct a noise wall in 2011 along the east side of T.H.
169, between 36th Avenue North and 42nd Avenue North in New Hope; and,
WHEREAS, on August 16, 2010, the City Council received a presentation from Mn/DOT staff
on a proposal to construct said noise wall at a 2011 estimated construction cost of
$1,200,000, which would be shared 90/10 between Mn/DOT and the city; and,
WHEREAS, the City Council expressed an interest in this proposed improvement and directed
that a public presentation be made at an open house on September 9 to share
information regarding the design and location of the proposed sound wall and
materials to be used; and,
WHEREAS, Mn/DOT staff would like to receive some formal feedback from the city so that
they know whether to continue their scoping study for this improvement or to
remove said noise wall from the list and begin working on the next prioritized
location in the metro area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota,
that the city hereby supports the proposed noise wall project and amends the
Public Works five-year Capital Improvement Program (2010 — 2014) to incorporate
the addition of a Minnesota Department of Transportation noise wall in 2011.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th
day of September, 2010.
Attest: Ape J zrm-0
City Clerk
Mayor
2335 Highway 36 W
St. Paul, MN 55113
Tel 651-636-4690
Fax 651-636-1311
www.honestroo.mm
September 21, 2010 Bonestroo
Guy Johnson
New Hope Public Works
5500 International Parkway
New Hope, MN 55428
Re: TH 169 MNDOT Noise Wall
Bonestroo Project No.: 000034-10000-0
Dear Guy:
MNDOT is proposing the construction of a noise wall along the east side of TH 169 between 36th
and 42"d Avenues. The wall is to be very similar to that constructed between Medicine Lake Road
and V1 Avenue in 2003.
A neighborhood open house meeting was held September 91h, giving residents the opportunity to
learn more about the proposed project and voice opinions on the preliminary design. Of the 35+
residences represented at the meeting, nearly all expressed support for the project.
Policy for the construction of this wall is that MNDOT provides 90% of the funding while the
benefitting city covers the remaining 10%. MNDOT has requested that New Hope pass a
resolution stating support for the project and willingness to amend the City's CIP to include the
cost sharing required for construction of the wail in 2011. Assuming the City is in support of the
project, this resolution should be passed at the September 27th Council meeting.
Sincerely,
BO NESTROO
Jason Quisberg, P.E.
Associate
651-604-4938
Copy: Kirk McDonald, City Manager
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,txq° Minnesota Department of Transportation
Metropolitan District
Pri Waters Edge
t4o 1500 West County Road B-2
Roseville, MN 55113-3174
December 7, 2010
Paul Coone
Public Works
City of New Hope, MN 55428
5500 International Parkway
New Hope, MN 55428
Re: Temporary Permit to Construct
Sound Barrier Wall along TH169 from Rockford Road to 36th Avenue North
Mr. Coone,
You will find enclosed four copies of a Temporary Permit to Construct for the above referenced
project, as we briefly discussed by phone. This permit allows for staging and construction in the
area outlined in Exhibit A of the permit.
Upon review and acceptance, please return three originals of the permit to my attention.
Please retain one original of the permit for your records. Thank you for your time and effort in
this matter. Feel free to contact me with any comments, questions or concerns.
Sincerely,
Steve Hanson
Real Estate Representative
Mn/DOT— Metro Right of Way
1500 West County Road B2
Roseville, MN 55113
651-234-7568
Enclosures
An equal opportunity employer
TEMPORARY PERMIT TO CONSTRUCT
Dated: November 18, 2010
C.S. 2772 (169383) 909
Parcel 218
County of Hennepin
The State of Minnesota has by its Commissioner of Transportation established and
designated the route of Trunk Highway No. 169 in Hennepin County, Minnesota.
It is necessary that the State of Minnesota use for highway purposes real property situated in
Hennepin County, Minnesota, described as follows:
Part of Park, Northwood Terrace 3rd Add., and part of Park, Northwood Terrace 5th Add.,
As shown outlined in Red on attached "Exhibit A".
The undersigned, having an interest in the above described real property, understand that
they are not required to surrender possession of real property without just compensation and
are not required to surrender lawfully occupied real property without at least 90 days notice.
For a valuable consideration, the undersigned hereby waive these rights and give the State
of Minnesota an immediate right of entry and permit to use this site as a Staging Area for
Construction purposes.
This Permit will expire when construction is completed.
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COLINCl]
Request for Action
Originating Department
Approved for Agenda
Agenda Section
Public Works
November 13, 2012
Consent
]tem No.
By: Guy Johnson
By: Kirk McDonald, City Manager
6.6
Resolution approving a cooperative construction agreement between the city of New Hope and the state of
Minnesota Department of Transportation that provides for a lump sum payment for construction of a noise
wall along TH 169 (improvement project No. 876)
Requested Action
Staff requests approval of a resolution approving an agreement between the city of New Hope and the state of
Minnesota Department of Transportation (Mn/DOT). The agreement provides for a lump sum payment of
$120,000 for the city's share of the construction costs to install a noise wall along the east side of TH 169,
between 36th Avenue and 42nd Avenue.
Background
Through an agreement with MmDOT, the city took part in construction of a noise wall in 2003. That noise
wall was constructed along the east side of TH 169 from approximately Medicine Lake Road to 36th Avenue.
At that time, construction of the noise wall was contracted and financed by Mn/DOT. The city's project costs
were limited to the relocation of a section of city storm water pipe that was in conflict with construction of the
new noise wall.
Staff was notified by a Mn/DOT representative that their noise wall program had prioritized a proposed
section of noise wall in New Hope, for construction in 2011. The wall would run from approximately 36th
Avenue, north to an area close to 42nd Avenue. Staff shared information regarding the possible construction
of a noise wall with the Council at its June 21, 2010, work session. After discussing the possibility of having
the noise wall installed, Council authorized staff to work with the Mn/DOT staff to determine the feasibility of
installing a noise wall along this section of TH 169. Mn/DOT representatives conducted a presentation for the
Council on August 16, 2010, after which the Council authorized proceeding with an open house.
Motion by Second by
To:lydat 63
I:\RFA\PUBWORKS\2012\876 Mn -DOT Noise Wall Agreement.doc
Request for Action
November 13, 2012
Page 2
_MnMOT representatives shared information with New Hope residents at an open house on September 9,
2010. Mn{DOT staff was very interested in getting feedback from the property owners and stakeholders
abutting the proposed wall. The vast majority of the residents who attended the open house were in favor of a
noise wall construction project. On September 27, 2010, Council passed a resolution supporting WDOT's
proposed noise wall project and amending the city of New Hope's five-year (2010-2014) Capital Improvement
Program. The attached agreement sets forth the obligations of the city of New Hope and Mn/DOT.
Funding
The project funding was 90% by the state with a 10% share by the city of New Hope. The state's original total
cost estimate was $1,200,000. The project went over the original estimate for a number of reasons such as
construction issues, the state shutdown in 2011, and others. Whatever the reasons were for the additional cost,
the state did not feel it was appropriate to charge the city for 10% of those costs and kept the city's cost at the
original $120,000 estimate. Funding for the city's portion will be from the temporary financing fund.
Attachment
A copy of the resolution, the agreement, and a map of the area are attached.
I; RFA\PUBWORKS\2012\876Mn-DOT Noise Wall Agreement.doc
City of New Hope
Resolution No. 12 — 163
Resolution approving a cooperative construction agreement between
the city of New Hope and the state of Minnesota Department of Transportation
that provides for a lump sum payment for construction of a noise wall along TH 169
(improvement project No. 876)
WHEREAS, the state performed noise wall and lighting construction and other associated
construction within the city limits along Trunk Highway No. 169; and,
WHEREAS, the state requests the city participate in the costs of the noise wall construction and the
city agrees to participate in the cost of said construction with a lump sum amount equal
to $120,000; and,
WHEREAS, Minnesota statutes authorize the commissioner of transportation to make arrangements
with and cooperate with any government authority for the purpose of constructing,
maintaining, and improving the trunk highway system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota:
1. That the city of New Hope enters into Mn/DOT agreement No. 01905 with the state
of Minnesota, Department of Transportation, for the following purposes;
To provide for payment by the city to the state, of the city's share of the costs of the
noise wall construction and other associated construction to be performed upon,
along, and adjacent to Trunk Highway No. 169 from 36th Avenue to Rockford Road
within the corporate city limits under state project No. 2772-89.
2. The mayor and city manager (the "Officers") are authorized and directed to sign the
same on behalf of the city:
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 13th day of
November, 2012.
6el—1
tii~
Mayor
Attest:
City Clerk
Minnesota Department of Transportation
i_
'*' r 395 John Ireland Boulevard
Saint Paul, MN 55155
Date: November 30, 2012
Guy Johnson
Director of Public Works
4401 Xylon Avenue North
New Hope, MN 55428
RE: Coop. Const. Agree. No. 01905
City of New Hope
S. P. 2772-89 (T. H. 169=383)
City lump sum payment for noise wall construction
by the State on T. H. 169
Dear Mr. Johnson:
(651) 366-4634
Mail Skop 682
Transmitted herewith for the City's use and retention, is a fully executed copy of the subject
agreement between the City and this department.
The agreement provides for a lump sum payment of $120,000.00 by the City to the State for
the noise wall construction on Trunk Highway No. 169.
An invoice in the amount of $120,000.00 will be forwarded to the City in a few days, and it is
requested that payment be made accordingly.
Sincerely,
Ma n e Kelly-Sonnek
Municipal Agreements Engineer
Enclosures
An Equal Opportunity Employer
E) 0
`� #i
M MOT Contract No:
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
'And
State Project.Number (SP):
Trunk Highway Number CM:
Lighting Feed Point No.
CITY OF NEW HOPE
COOPERATIVE CONSTRUCTION
AGREEMENT
2772-89.
169=383
R9C
Amount Receivable
$120.000.00
01905
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
City of New hope acting through its City Council ("City").
Recitals
L The State performed noise wall and lighting construction and other associated construction upon, along and
adjacent to north bound Trunk Highway No. 169 from 36th Avenue North to Rockford Road according to
State -prepared plans, specifications and special provisions designated by the State as State Project.
No. 2772-89 (T -IL 169=383)("Project"); and
. 2. The State requests the City participate in the costs of the noise wall construction and the City is willing to
participate in the costs of said construction.in a lump sum amount equal to $120,000.00; and
3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining and improving the trunk highway system.
Agreement
1.. Term of Agreement; Survival of Terms; Plans
1.1. Effective dam This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes §.16C.05, subdivision 2.
1.2. Expiration date. This Agreement will expire when all obligations.have been satisfactorily fulfilled.
1.3.. Survival of terms: All clauses which impose obligations continuing in their nature and which must survive
in order togive effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation,: the following clauses: 3. Maintenance by the City;, 7. Liability; Worker.
Compensation Claims; 9. State Audits; 10. Government Data Practices; 11. Governing Law; Jurisdiction,
Venue; and 13. Force Majeure.
1.4. Plmis, Spccifrcations, Special Provisions. Plans, specifications and special provisions. designated by the
State as State Project No. 2772-89 (T.H. 169=383) are on file in the office of the Commissioner of
Transportation at St. Paul, Minnesota, and incorporated. into this Agreement by reference. (."Project Plans")
2. Construction by the .State
2.1. Contract Award The State received bids and awarded a construction contract to the iowest'responsible
bidder according to the Project Plans.
2.2. Satisfactory Completion of Contract The State will perform all acts and functions necessary to cause the
construction contract to be completed in a satisfactory manner. Acceptance by the State of the completed
contract construction will be final, binding and conclusive upon the City as to the satisfactory completion of
the contract construction.
Mn/DOT Contract No: 01905
3. Maintenance by the City.
Upon completion of the project, the City will provide for maintenance of the non -highway side of the noise wall
construction without cost or expense to the State. Maintenance activities will be limited to graffiti removal and
maintaining an aesthetically acceptable condition of the non -highway side of the noise wall.
4. City Cost and Payment by the City
4.1. City Cost. $120,000.00 is the City's full and complete cost for the noise wall construction.
4.2. Conditions ofPaymenL The City will pay the State the full and complete lump sum amount after the
following conditions have been met:
A. Execution of this Agreement and transmittal to the City.
B. The City's receipt of a written request from the State for the advancement of funds.
5. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
5.1. The State's Authorized Representative will be:
Name/Title: Maryanne Kelly-Sonnek, Municipal Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard, Mailstop.682, St. Paul, MN 55155
Telephone: (651) 366-4634
Fax: (651) 366-4769
E -Mail: maryanne.kellysonnek@state.mn.us
5.2. The City's Authorized Representative will be:
Name/Title: Guy Johnson, Director of Public Works (or successor)
Address: 4401 Xylon Avenue North, New Hope, MN 55428
Telephone: (763) 592-6766
6. Assignment; Amendments; Waiver; Contract Complete
6.1. Assignment Neither party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
6.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
6.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the party's right to subsequently enforce it.
6.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
7. Liability; Worker Compensation Claims
7.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other
applicable law govern liability of the City.
.2-
Mn/DOT Contract No: 01905
7.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act
S. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
9. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting,
procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor
or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement
10. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
131 as it applies to all data provided cinder this Agreement, and as it applies to all data created, collecbA received,`
stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota
Statutes § I 3.08 ' apply to the release of the data referred to in this clause by either the City or the State.
11. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement -of this Agreement Venue for all legal .
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal courtwith
competent jurisdiction in Ramsey County; Minnesota.
12. Termination; Suspension
12.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties.
12-2. Termination for Insufjtcient Funding. The State may immediately_ terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a
level sufficient to allow for the performance of contract construction under the Project Termination must be
by written or fax notice to the City.
12.3. Suspension In the event of a total or partial government shutdown, the State may suspend this Agreement.
and all work, activities and performance of Work authorized through this Agreement
13. Force Majeure
Neither party will be responsible to the other for failure to perform under this Agreement (or a delay in
performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
[1be remainder of this page has been intentionally left blank]
-3-
CITYOFNEW HOPE
The undersigned ca* that they have lawfully
executed this contract on Behalf of the Governmental
Unit as required by applicable charter, provisions,
sions,'
resolutions or ordinances.
By.
Tide: Mayor.
Date: 11./13/12
k
SLI�
Mn/DOT Contract No: 01905-
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
By:
CAS- (State Design Engineer)
Date:
Title:
—city Knager"
Date.- 11113112 COMMSSIONER OF ADMINISTRATION
BY:
//Or (Wifli delegated author*)
Date:
INCLUDE COPY OF RESOULURON APPROVING THE
AGREEMENT AM'ATYMOP.17MG M
EXECUTION.`
-4-
City of New Hope.
Resolution No. 12 — 163
Resolution approving a cooperative construction agreement between
the city of New Hope and the state of Minnesota Department of Transportation
that provides for a lump sum payment for construction of a noise wall along TH 169
(improvement project No. 876)
WHEREAS, the state performed noise wall and lighting construction and other associated
construction within the city limits along Trunk Highway No. 169; and,
WHEREAS, the state requests the city participate in the costs of the noise wall construction and the
city agrees to participate in the cost of said construction with a lump sum amount equal
to $120,000; and,
WHEREAS, Minnesota statutes authorize the commissioner of transportation to make arrangements
with and cooperate with any goverment authority for the purpose of constructing,
maintaining, and improving the trunk highway system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota:
1. That the city of New Hope enters into MnMOT agreement No. 01905 with the state
of Minnesota, Department of Transportation, for the following purposes;
To provide for payment by the city to the state, of the city's share of the costs of the
noise wall construction and other associated construction to be performed upon,
along, and adjacent to Trunk Highway No. 169 from 36th Avenue to Rockford Road
within the corporate city limits under state project No. 2772-89.
2. The mayor and city manager (the "Officers") are authorized and directed to sign the
same on behalf of the city:
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 13th day of
November, 2012.
Mayor
47��,62C�.
Attest:
City Clerk
CITY OF NEW HOPE HIGHWAY 169 NOISE BARRIER PROJECT SP 2772-89
New Nope Noise Barrier Approximate Cost at $20/ft' '
e _
Wall Type State 909 City 109 Length ;.r.
20' Wall $1,200,0001 $120,000 3250ft
r_`�
r
Noise Barrier Effectiveness
Receptor Build Build Reduction
(No. of No Barrier I with Barrier (dBA)
Residence)
2 (2)
3 (2)
72.2
68.6
62.4
60.1
9.8
8.5
4 (2)
69.3
59.5
9.8
5 (2)
tK
71.5
34.8
59.8
62.6
11.7
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7(2.)
..,
9�-
68.0 T
64c, I -.
431.1 r
� 6
�
0
10 (2)
11 (2)
71.9
72.0
50.1
60.6
11.8 4i
11.4
12("')
67.'° I
w 1
4106
13 (2)
73.4
61.3
12.1
14 (2)
72.0
61.3
10.7
15 (2)
'ia, ,
17 (2)
74.2
Wa
72.6
62.3
5£x.8
63.1
11.9
6.0
9.5
16 (3i
ASA I
w 9
f 0
19 (2)
72.3
63.9
8.4
20 (4)
68.7
64.4
4.3
21 (4)
70.4
63.8
6.6
22 (3)
67.7
64.7
3.0
23(2-,,
A6.2
629
5.3
24 (2)
65.3
62.0
3.3
-25(4) 63.5
26 (4) 66.2
Bold values exceed state standards
63.2
66.2
0.3
0.0
LEGEND
MODELED BARRIER PROPOSED
BERM
G) MODELING RECEPTOR
Leone Valerie
From: Johnson Guy
Sent: Thursday, October 25, 2012 10:07 AM
To: Leone Valerie
Subject: FW: City of New Hope & Mn/DOT Noise Wall Agreement
FYI,
From: Kelly-Sonnek, Maryanne (DOT) [maiIto: ma anne.kell sonnek state.mn.us]
Sent: Thursday, October 25, 2012 9:56 AM
To: Johnson Guy
Subject: RE: City of New Hope & Mn/DOT Noise Wall Agreement
Good, but please send those signed copies to the Metro District, as the Metro District Engineer needs to sign them. Them
they will send them to me.
The contact and address is:
Nancy Jacobson
Mn/DOT
1500 W. County Road B-2
Roseville, MN 55113-3174
Marvanne.Kellysonnek(@state.mn.us
651-366-4634
From: Johnson Guy [mailto: ohnson ci.new- ho e.mn.us]
Sent: Wednesday, October 24, 2012 4:57 PM
To: Kelly-Sonnek, Maryanne (DOT)
Cc: Steven Sondrall
Subject: RE. City of New Hope & Mn/DOT Noise Wall Agreement
Thank you Maryanne,
As I mentioned on the phone, the agreement will be on the next Council meeting's agenda on November 13. 1 do not
anticipate any issues for the Council with regards to the agreement and we will send the signed copies back to you that
week.
Again, thank you,
Guy
From: Kelly-Sonnek, Maryanne (DOT) [mailto:maarr aanne.kellysonnek(astate.mn.us]
Sent: Wednesday, October 24, 2012 3:48 PM
To: Johnson Guy
Cc: Steven Sondrall
Subject: RE: City of New Hope & Mn/DOT Noise Wall Agreement
These changes are acceptable. Attached is the revised agreement with that change incorporated. Please print out 3
copies for signature. Thanks
Maryanne Kelly-Sonnek, P.E.
Municipal Agreements Engineer
Minnesota Department of Transportation
395 John Ireland Blvd. MS 682
5t. Paul, MN 551.55
Ma anne.Kell sonnek(mstate.mn.us
651-366-4634
From: Johnson Guy Emailto:gjohnson@ci.new=hor)e.mn.us]
Sent: Wednesday, October 24, 2012 3:37 PM
To: Kelly-Sonnek, Maryanne (1)017
Cc: Steven Sondrall
Subject: City of New Hope & Mn/DOT Noise Wall Agreement
Good afternoon Maryanne,
Attached are the changes the city attorney and staff are suggesting to section #3 in the agreement.
Please let me know if the changes are acceptable and/or if you have any questions.
Thank you,
Guy
'NlESOT
so %a Minnesota Department of Transportation
ti Metropolitan District
'T Waters Edge -Design
1500 West County Road B-2
Roseville, MN 55113-3174
October 9, 2012
Guy Johnson
Director of Public Works
4401 Xylon Ave No
New Hope, MN 55428
RE: Proposed Cooperative Construction Agreement No. 01905
City of New Hope
S.P. 2772-89 (T.H. 169=383)
State Funds
City cost lump sum payment for T.H. 169
noise wall construction
Dear Mr. Johnson:
Telephone: 651-234-7647
Fax: 651-234-7609
Transmitted herewith in triplicate is a proposed agreement with the City of New Hope. This
agreement provides for a lump sum payment to the State of the City's share of the costs of the
noise wall construction to be performed on T.H. 169 within the corporate City limits.
Present this agreement to the City Council for their approval and execution that includes original
signatures of the City Council authorized City officers on the three copies of the agreement. Also
required are three original copies of a resolution passed by the City Council authorizing its officers
to sign the agreement on its behalf. A suggested form of such resolution is enclosed.
It is requested that the executed agreements and resolutions (three originals of each) be
forwarded to this office as soon as possible. A copy will be returned to the City when fully
executed.
Sincerely,
Nancy Jaco
zm
Metro District Coordinator
Cc: J. Gibbens — Project Manager
A. Crockett -- Area Engineer
B. Myers - Municipal Agreements Unit
File
An Equal Opportunity Employer
i - Y �
f
November 15, 2012
Ms. Nancy Jacobson
Minnesota DOT
1500 West County Road B-2
Roseville, MN 55113-3174
Subject: Construction Agreement No. 01905 (Noise Wall — project 876)
Enclosed are three agreements executed by New Hope city officials. The resolution approving
such action is also enclosed.
Please return a fully executed copy to my attention.
Sincerely,
A4xv--
Valerie Leone, CMC
City Clerk
Enc.
cc: Guy Johnson, director of public works
CITY OF NEW HOPE
4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 + www, d.new-hope.rnn.us
City Hall: 763-531-5100 + Police (non -emergency) 763-531-5170 + Public Works: 763-592-6777 + TDD: 763-531-5109
City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776