01-0486R

RESOLUTION HOLDING HARMLESS THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR GRANTING A VARIANCE FOR THE RECONSTRUCTION OF BRIDGE NO. L8502 AT AMITY CREEK AND SEVEN BRIDGES ROAD.

BY COUNCILOR ECKENBERG:

        WHEREAS, by resolution the council requested that the commissioner of transportation grant the city of Duluth a design variance on the proposed reconstruction of Minnesota Bridge No. L8502 at Amity Creek on Seven Bridges Road allowing a reduction in the urban state aid standards for bridge approaches from the required 30 mph design to a 24 mph design, and allowing for a ten foot lane width in lieu of the required 11 foot width; and

        WHEREAS, the commissioner has granted the city a variance from Minnesota Rule 8820.9936 so as to allow a 24 mph design speed in lieu of the required 30 mph design speed, and allowing for a ten foot lane width in lieu of the required 11 foot width 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. L8502 at Amity Creek on Seven Bridges Road 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:  This resolution is a companion to Resolution 01-0485 which requests a variance from Mn/Dot design standards for the Amity Creek bridge on Seven Bridges Road. Whenever the state considers a variance from their design standards, they require the political subdivision requesting the variance to hold them harmless from any damages caused by the variance.