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<br />C,.J$ <br /> <br />Council member <br />adoption: <br /> <br />introduced the following resolution and moved for its <br /> <br />RESOLUTION NO. 09.,1l-XXX <br /> <br />RESOLUTION REQUESTING A VARIANCE TO STATE AID STANDARDS FOR CITY <br />PROJECT 08...27/SAP 199-102-006, 167TH AVENUE NW <br /> <br />WHEREAS, the City of Ramsey had prepared plans for the reconstruction of 16ih A venue NW <br />from 2965' west ofCSAH 5 to CSAH 5; and <br /> <br />WHEREAS, Minnesota Rules for State Aid Operation Chapter 8820.2800 Construction <br />Requirements, Subp. 2A Eligibility for funding requires state aid engineer final plan approval <br />before the opening of bids; and <br /> <br />WHEREAS, the final project plans and specifications for the improvements were not approved <br />by the state aid engineer prior to the bid opening. The opening of bids occurred on June 19, <br />2009. The final plans were approved by the state-aid engineer on June 29, 2009. <br /> <br />NOW THEREFORE, BE IT RESOLVED, that the City of Ramsey City Council does hereby <br />request a variance from the Minnesota Department of Transportation State Aid Operations Rules <br />Chapter 8820.2800 Construction Requirements to allow plan approval after bid opening in lieu <br />of plan approval prior to bid opening; <br /> <br />BE IT FURTHER RESOLVED, that the City of Ramsey City Council hereby indemnifies, <br />saves and hold harmless the State of Minnesota and its agents and employees of and from claims, <br />demands, actions, or causes of action arising out of or by reason of reconstruction of 167th <br />Avenue NWfrom 2965' west of CSAH 5 to CSAH 5 in accordance with Minnesota Rules <br />8820.2800 Construction Requirements and further agrees to defend at their sole cost and expense <br />any action or proceeding commenced for the purpose of asserting any claim arising as a result of <br />the granting this variance. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Councilmember _ <br />vote being taken thereon, the following voted in favor thereof: <br /> <br />and the following voted against the same: <br /> <br />and the following abstained: <br /> <br />and the following were absent: <br /> <br />'RESOLUTION #09-11-XXX <br />Page 1 of2 <br />