DISCLAIMER

 

05-0810R


RESOLUTION REQUESTING A VARIANCE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND INDEMNIFYING THE STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING OF A MINNESOTA STATE AID VARIANCE IN THE CONSTRUCTION OF BRIDGE NO. 69671 ON SEVEN BRIDGES ROAD OVER AMITY CREEK.

BY COUNCILOR STOVER:

     RESOLVED, that it is deemed necessary for the public conveyance and safety that Minnesota Bridge No. L8501 on Seven Bridges Road over Amity Creek (City Job No. 0159TR) be reconstructed. This project will not be eligible for state transportation funds unless it is constructed to rural and suburban state aid standards for bridge replacement projects not on the state aid system for an existing average daily traffic count of 50 to 149 vehicles, or unless a variance is granted.

     Practical limitations require that narrower bridge width, traffic lane and shoulder widths, steeper recovery area inslopes, shorter vertical curves, and smaller radius horizontal curves than dictated by standards be used. This results in a 20 foot overall bridge width in lieu of the required 26 foot width, ten foot traffic lanes with one foot shoulders in lieu of 11 foot lanes with three foot shoulders, 1:3 recovery area inslopes in lieu of 1:4 recovery area inslopes, 159 foot long vertical curve with A.D. of 9.4 in lieu of a 282 foot long vertical curve, and 50 foot, 60 foot and 200 foot radius horizontal curves at -0.02 superelevation in lieu of 273 foot radius curves at 0.06 superelevation which requires a variance from the commissioner of transportation in accordance with Minnesota Rules Chapter 8820.3300.

     FURTHER RESOLVED, that the city of Duluth requests the commissioner of transportation for a variance from Minnesota Rules for State Aid Operations 8820.9922, whereby the rural and suburban state aid standards for bridge replacement projects not on the state aid system be reduced for this project allowing for a 20 foot overall bridge width in lieu of a 26 foot width, ten foot traffic lanes with one foot shoulders in lieu of 11 foot lanes with three foot shoulders, 1:3 recovery area inslopes in lieu of 1:4 recovery area inslopes, 159 foot long vertical curve with an A.D. of 9.4 in lieu of a 282 foot long vertical curve, and 50 foot, 60 foot and 200 foot radius horizontal curves at -0.02 superelevation in lieu of 273 foot radius curves at 0.06 superelevation, and further agrees to indemnify, save, and hold harmless the state of Minnesota and its agents and employees from all claims, demands, actions or causes of action arising out of or by any reason of the reconstruction of Minnesota Bridge No. L8501 on Seven Bridges Road over Amity Creek in the city of Duluth in any manner other than in accordance with Minnesota Rule 8820.9922, and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim whatsoever arising as a result of the granting of this variance.


STATEMENT OF PURPOSE: In order to proceed with a variance request under Minnesota Rules 8820.3300, a formal request in writing in the form of a city council resolution must be submitted to the commissioner before it will be considered or reviewed. If the Commissioner grants the variance it is conditioned on the city agreeing to indemnify and hold the state harmless for any claim or action which arises from the relaxation of the road lane width to ten feet and one foot shoulder in lieu of 11 feet and three feet respectively, the width of the bridge to 20 feet in lieu of 26 feet, 1:3 recovery area inslopes in lieu of 1:4 recovery area inslopes, 159 foot long vertical curve with an A.D. of 9.4 in lieu of a 282 foot long vertical curve, 50 foot, 60 foot and 200 foot radius horizontal curves at -0.02 superelevation in lieu of 273 foot radius curves at 0.06 superelevation, and the issuance of the variance. This resolution requests the variance and 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. When an existing bridge is removed and reconstructed it is assigned a new bridge number. The current bridge number is L8501 and the new bridge number is 69671.