Res 2017-13 Requesting Variance from State Aid Rule
RESOLUTION NO. 2017 - 13
RESOLUTION REQUESTING A VARIANCE FROM STATE-AID
RULE 8820.2800 SUBPART 2A FOR
PROJECT ST2016-01 (MnDOT SAP 127-050-021)
WHEREAS, the City of Fridley completed Project ST2016-01 in 2016, and
WHEREAS, Project ST2016-01 was approved by City Council with the intention of using State Aid Funds for a
portion of the project, and
WHEREAS, the Advertisement for Bids for Project ST2016-01 was published on February 19, 2016, and
WHEREAS, State Aid Review Comments on the project plans were received by the City on March 4, 2016, and
WHEREAS, Final revisions of all comments to the plans were completed on or before March 14, 2016, and
WHEREAS, Bids for Project ST2016-01 were received at the City of Fridley office of the City Engineer on
March 22, and
WHEREAS, Project ST2016-01 was awarded by the Fridley City Council on March 28, 2016, and
WHEREAS, the project was reviewed and approved by the State Aid office of the Minnesota Department of
Transportation and final approval was granted on April 4, 2016, and
WHEREAS, State Aid Rule 8820.2800 subpart 2 states “only projects for which final plans are approved by the
state-aid engineer before opening bids or approving a force account agreement are eligible for state-aid
construction funds.”
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, hereby requests a
variance from State Aid Rule 8820.2800, Subpart 2A to allow State Aid funding to be applied to this project that
was advertised and awarded prior to State Aid approval.
BE IT FURTHER RESOLVED, that the City Council of the City of Fridley 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 awarding the contract prior to the receipt of State Aid approval in accordance
with Minnesota Rules 8820.2800 and further agrees to defend at their sole cost and expense any action or
proceeding commenced for the purpose of asserting any claim arising as a result of the granting of this variance.
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PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24 DAY
OF APRIL, 2017.
________________________________
SCOTT J. LUND – MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK