00-0833R

RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING OF A MINNESOTA STATE AID VARIANCE IN THE CONSTRUCTION OF KEENE CREEK BRIDGE ON SKYLINE PARKWAY.

BY COUNCILOR STOVER:

        WHEREAS, by Resolution 00-0584 the council requested that the commissioner of transportation grant the city of Duluth a design variance on the proposed reconstruction of Minnesota Bridge No. L6128 at Keene Creek on Skyline Parkway, allowing a reduction in the urban state aid standards for bridge approaches from the required 30 mph design to a 26 mph design; and

        WHEREAS, the commissioner has granted the city a variance from Minnesota Rule 8820.9936 so as to allow a 26 mph design speed in lieu of the required 30 mph design speed, conditioned upon receipt by the commissioner of a resolution of the city council indemnifying the state for the granting of said variance;

        NOW, THEREFORE, BE IT RESOLVED, that the city of Duluth hereby agrees to indemnify, save and hold harmless the state of Minnesota and its agents and employees of and from any and all claims, demands, actions or causes of action arising out of or by reason of the reconstruction of Minnesota Bridge No. L6128 at Keene Creek on Skyline Parkway in the city of Duluth in any manner other than in accordance with Minnesota Rule 8820.9936, and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of this variance.


STATEMENT OF PURPOSE:  The Keene Creek bridge on Skyline Parkway is in need of reconstruction.  Skyline Parkway is a Minnesota state aid route identified as MSAS 113.  In order to use MSA funds on this bridge, certain MSA bridge design standards must be met or a variance from the standards must be secured from the commissioner of transportation.  The city applied for such a variance in city council Resolution 00-0584. The commissioner has indicated that a variance will be issued, conditioned on the city agreeing to indemnify and hold the state harmless for any claim or action which arises from the relaxation of that 30 mph standard and the issuance of a variance.  This resolution commits the city to indemnification of the state of Minnesota for claims arising in which the design variance is alleged to be the cause of an accident.