DISCLAIMER

07-0387R


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. 69679 ON LINCOLN PARK DRIVE OVER MILLER CREEK IN LINCOLN PARK.

BY COUNCILOR JOHNSON:

     RESOLVED, that it is deemed necessary for the public conveyance and safety that Minnesota Bridge Number L8476 on Lincoln Park Drive over Miller Creek (City Job No. 0622TR) be reconstructed. This project will not be eligible for municipal state aid 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 150 to 400 vehicles, or unless a variance is granted; and

     Practical limitations require that narrower bridge width, traffic lane and shoulder widths, steeper recovery area inslopes, shorter recovery area, a shorter vertical curve and a smaller radius horizontal curve than dictated by standards be used. This results in a 26 foot overall bridge width in lieu of the required 32 foot width, 11 foot traffic lanes with two foot shoulders in lieu of 12 foot lanes with four foot shoulders, 1:3 recovery area inslopes in lieu of 1:4 recovery area inslopes, nine foot recovery area in lieu of ten foot recovery area, 150 foot long vertical curve with A.D. of 8.0 in lieu of a 291 foot long vertical curve, and a 100 foot radius horizontal curve 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 26 foot overall bridge width in lieu of a 32 foot width, 11 foot traffic lanes with two foot shoulders in lieu of 12 foot lanes with four foot shoulders, 1:3 recovery area inslopes in lieu of 1:4 recovery area inslopes, nine foot recovery area in lieu of ten foot recovery area, 150 foot long vertical curve with an A.D. of 8.0 in lieu of a 291 foot long vertical curve, and a 100 foot horizontal curve 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 any and all claims, demands, actions, or causes of action arising out of or by reason of the reconstruction of Minnesota Bridge No. L8476 on Lincoln Park Drive over Miller 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 11 feet and two foot shoulder in lieu of 12 feet and four feet respectively, the width of the bridge to 26 feet in lieu of 32 feet, 1:3 recovery area inslopes in lieu of 1:4 recovery area inslopes, recovery area of nine feet in lieu of recovery area of ten feet, 150 foot long vertical curve with an A.D. of 8.0 in lieu of a 291 foot long vertical curve, 100 foot radius horizontal curve 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 No. is L8476 and the new Bridge No. is 69679.