99-8696r
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RESOLUTION NO. 8696
RESOLUTION HOLDING HARMLESS THE STATE OF MINNESOTA
REGARDING REQUEST FOR VARIANCE TO THE RULES
OF THE MUNICIPAL STATE AID DIVISION
OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION
WHEREAS, the rules of the Municipal State Aid Division of the Minnesota
Department of Transportation require that a proposed project receive District State Aid
approval before bids for the project are opened; and
WHEREAS, a violation of said rule could make a proposed project ineligible for
Municipal State Aid (MSA) funding; and
WHEREAS, Richfield staff, unaware that Municipal State Aid approval had not
been granted, opened bids for State Aid Projects 157-020-15, 157-364-01, 27-635-23
and recommended award of a contract to Ridgedale Electric Inc. for construction of
signalized traffic control systems at 64th and 66th Streets at Portland Avenue; and
WHEREAS, based on said recommendation, the Richfield City Council did on
February 22, 1999 award a contract for the projects; and
WHEREAS, the City of Richfield did request that the Minnesota Department of
Transportation, Division of State Aid grant a variance to the rules for State Aid
Operations 8820.2800 subpart 2 for State Aid Projects 157-020-15, 157-364-01,27-
635-23 for construction of signalized traffic control systems at 64th and 66th Streets at
Portland Avenue;
NOW, THEREFORE, BE IT RESOLVED that the City of Richfield save and hold
harmless the State of Minnesota and all its agents and employees of and from any and
all claims, demands, actions or causes of actions of any nature or character arising out
of or by reason of, in any manner, the construction of signalized traffic control systems
at 64th and 66th Streets at Portland Avenue South in any other manner than as
required by Minnesota Rules 8820.2800 Subpart 2 and further agrees to defend at their
sole cost and expense any action or proceeding commenced for the purpose of
asserting any claim of whatsoever character arising as a result of granting said
variance.
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of
April, 1999. . rJ " ()
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Martin J. ~Mayor
ATTEST:
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Thomas P. Ferber, City Clerk