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94-1090 Council File # "7 - /0'70 ORIGINAL RESOLUTION Green Sheet # 98518 CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date WHEREAS, The City of Saint Paul has requested that the Minnesota Department of Transportation grant a variance from the State's Standards for Design of Urban Roadways for East Sixth Street between Bates Avenue and Maple Street; and WHEREAS, The Commissioner of the Dep rtment of Transportation has by letter notified the City that the request for a variance has been granted up n condition that the City Council of the City of Saint Paul adopt a Resolution indemnifying, saving an holding harmless the State of Minnesota from any claims arising out of the granting of this variance; nd WHEREAS, The City has no other option a ailable to it to receive the variance requested unless it complies with the demand of the Commissi ner of the Department of Transportation; now, therefore, be it RESOLVED, That as the sole condition to r ceiving a variance from the provisions of State Aid Rules Section 8820.9935, the Council of the City f Saint Paul does hereby agree to indemnify, save and hold harmless the State of Minnesota and its ag nts and employees of and from any and all claims, demands, actions, or causes of action arising out of o by reason of, the construction of M.S.A.S. 197 (East Sixth Street), between Bates Avenue and Maple treet in Saint Paul, in any other manner than in accordance with Minnesota Rules 8820.9935 and furth r agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose f asserting any claim of whatsoever character arising as a result of the granting of this variance. Yeas Nays Absent Requested by Department of: Blakey ✓ 3L-t; Grimm ✓ Public Works Guerin Harris Megard Rettman ✓ / Thune i,,/ By O l Stacy Becker Adopted by Council: Date 4 :3i C4'7 Form App e• •y C y At orney Adoption Certified by Council Secretary By: �• By: .��- - �__ Appr. IP Mayor for Su •. ssion to Council / Approved b ayor• Dare _y.Gk i tritt6 it, / DEPARTMENT/OFFICE/COUNCIL " INITIATED GREEN SHEET H IV 0. 2 Public Works Department July 11, 1994 INITIAUDATE /ATI TE CONTACT PERSON & PHONE f DEPARTMENT DIF CI OR S B CITY COINNCI Paul St. Martin 266 -6118 ,, cm ATTORNEY crrr CLERK FoR MUST BE ON comm. AGENDA BY (DATE) ROUTING BUDGET DIECTOR FIN. & MGT. SERVICES DIR. ASAP MAYOR (OR ASSISTANT) ! v TOTAL a OF SIGNATIRiE PAGE ( AU. LOCATIONS FOR SIGNATURE 7 ° 1 • IATE Ai) DEPARTMENTAL • • • 7 ! i ACTION REQUESTED Hold the State of Minnesota harmless for grant' • a variance to Municipal State Aid Standards for a crest vertical curve on East .Sixth Street between Bates Avenue and Maple Street. TIONS: or RECOMMENDATIONS: A (A) Rem (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION CIVL SERVICE COMMISS • 1. Hare this p under ever worked der a contract for this department? -- YES NO _ CIS COMMITTEE . ._ 2. Has Uri persoNflrtn ever been a dty employee? STAFF YES NO DISTRICT COUNCL H. Does Ss persoW rm possess a skR not normally possessed by any current city employee? SUPPORTS WHICH COUNCI.OBJECTIVE? YES NO Explobt all yea answers on separate ahast and attach to groan sheet INITIATING PROBLEM. ISSUE. OPPORTUNITY (WHO. WHAT. WHEN. RE. WHY): Traffic channelization improvements on East Sixth reef between Bates Avenue and Maple Street will be installed in 1994 using Municipal State Aid (MSA) funds. The city rogues • and was granted a variance for the design speed of an existing crest vertical curve through the Bates intersection. The varia -. is conditional upon receipt t of attached hold harmless resolution. RECEIVFn ADVANTAGES F APPROVED Project will proceed. JUL a a 19 MAY OR S OFFICE DISADVANTAGES IF APPROVED: Council Research Center JUL 2 6 1994 DISADVANTAGES F NOT APPROVED: Project cannot proceed. TOTAL AMOUNT OF TRANSACTION $ N/A COST/REVENUE BUDGETED (CIRCLE ONE) YES No RAIDING SOURCE Aciriny FABER FINANCIAL INFORMATION: (EXPLAIN)