HomeMy WebLinkAbout2011-146 CCR Member Kay La sman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2011 -146
RESOLUTION REQUESTING A VARIANCE FROM STANDARD FOR STATE
AID OPERATION FOR PROJECT NO. 2011-06, SHINGLE CREEK PARKWAY
STREET IMPROVEMENTS, S.A.P. 109 - 109 -033
WHEREAS, the City of Brooklyn Center prepared plans for the Shingle Creek
Parkway Street Improvements from Shingle Creek to Freeway Boulevard for bituminous milling and
paving, concrete curb and gutter, and concrete sidewalk repairs, State Aid Project (S.A.P.) No. 109-
109 -033; and
WHEREAS, Minnesota Rules for State Aid Operation 8820.2800 Subpart 2.A
requires that final plans must be approved by the state -aid engineer before opening bids to be eligible
for state -aid construction funds (requirements); and
WHEREAS, the reason for this variance request is that bids were opened one day
prior to the final approval and signing of the plans by the state -aid engineer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that a variance is requested from the Minnesota Department of
Transportation State Aid Operations Rules Chapter 8820.2800 Construction Requirement to allow
eligibility of the roadway improvements constructed under S.A.P No. 109 - 109 -033 in consideration
that the bids were opened prior to approval of the plans by the state -aid engineer.
BE IT FURTHER RESOLVED that the City of Brooklyn Center hereby indemnifies,
saves and holds harmless the State of Minnesota and its agents and employees of and from claims,
demands, actions, or causes of action arising out of or by reason of the granting of the variance. The
City further agrees to defend at its sole cost and expense any action or proceeding commenced for
the purpose of asserting any claim arising as a result of the granting this variance.
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November 14, 2011 r -
Date Mayor
ATTEST: J)"
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Dan Ryan
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Carol Kleven, Kay Lasman, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.