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Date: 27 November, 2013
Item No.
RESOLUTION REQUESTING A VARIANCE
FROM STANDARD FOR STATE AID OPERATION FOR
PROJECT NO. S.A.P. 188-594-001
Proposed Action
Staff recommends adoption of the following motion: Move to request a variance from the
Minnesota Department of Transportation State Aid Operations Rules Chapter 8820.2800,
Subp. 2.A which requires the final plans are approved by the State Aid Engineer before
opening bids for the project, as a part of City Improvement Project 12 -04.
Overview
On March 11, 2013, the MnDOT Bridge Office did approve plans for the 168th Street Bridge
Replacement Project, City Project 12 -04, S.A.P. 188 - 594 -001. Bids for the project were
advertised and received on March 21, 2013. However, the State Aid Engineer did not sign the
cover sheet for the plans until May 7, 2013.
The Office of State Aid requires a variance be sought for projects in which bids were received
prior to State Aid Engineer approval.
Primary Issues to Consider
Why is it necessary to obtain a variance now?
MnDOT has determined it to be necessary in order comply with State Aid Rules.
Supporting Information
A copy of cover letter submitted to MnDOT regarding the variance request is attached.
Chris er J. Petree
Public Works Director
Financial Impact: N/A Budgeted: N/A Source: N/A
Related Documents (CIP, ERP, etc.):
Notes:
CITY OF LAKEVILLE
RESOLUTION NO:
RESOLUTION REQUESTING A VARIANCE
FROM STANDARD FOR STATE AID OPERATION FOR
PROJECT NO. S.A.P. 188 - 594 -001
WHEREAS, Minnesota Rules for State Aid Operation 8820.2800, Subp. 2.A which
requires the final plans are approved by the State Aid Engineer before opening bids for
the project; and
WHEREAS, the reason for this variance is to comply with State Aid Rules regarding the
sequence of approvals within MnDOT for Bridge Bond Projects.
NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby request a
variance from the Minnesota Department of Transportation State Aid Operation
8820.2800, Subp. 24 Eligibility for Funding.
BE IT FURTHER RESOLVED, that the City of Lakeville City Council hereby
indemnifies, saves and hold 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 168 Street Bridge Replacement Project, State Bridge No. 19565, in accordance with
Minnesota Rules 8820.2800, Subp. 2.A 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 this variance.
APPROVED AND ADOPTED this 2nd day of December, 2013.
CITY OF LAKEVILLE
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
2
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engineering- planning- environmental- construction
November 25, 2013
Ms. Julie Dresel
State Aid Program Engineer
Minnesota Department of Transportation
Metro Office
Waters Edge
1500 West County Road B2
Roseville, MN 55113
Re: 168 Street Bridge Replacement — State Aid Variance Request
City of Lakeville
WSB Project No. 1715 -831
Dear Ms. Dresel:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 - 541 -4800
Fax: 763 - 541 -1700
The City of Lakeville is requesting a variance in conjunction with its 168' Street Bridge
Replacement Project, Bridge No. 19565. The City has applied for and been awarded State
Bridge Bond Grant funds to complete the 168 Street Bridge Replacement Project. Plans have
been approved by the State Aid Office, a Local Bridge Replacement Program (LBRP) grant
agreement has been executed, and construction on the project was substantially completed in
October, 2013.
Construction plans were approved by the MnDOT Bridge Office on March 7, 2013. The project
was advertised, and bids were received for the project on March 21, 2013. However, the
signature from the State Aid Engineer was not received on the plan title sheet until May 7, 2013.
The City of Lakeville is requesting a variance from the Minnesota Department of Transportation
State Aid Operations Rules Chapter 8820.2800, Subp. 2.A which requires the final plans are
approved by the State -Aid Engineer before opening bids for the project.
It is proposed that the Lakeville City Council will resolve at their December 2, 2013 meeting (a
copy of the draft resolution is attached) a Request for Variance to State Aid Operation Rules
Chapter 8820.2800, Subp. 2.A, which requires the final plans are approved by the State -Aid
Engineer before opening bids for the project.
It is our opinion that the variance represents a reasonable request, as construction plans for the
project were approved by the State Aid Engineer and a LBRP grant agreement was executed in
conjunction with the project.
St. Cloud • Minneapolis • St. Paul
Equal Opportunity Employer
wsbeng.com
K: \01715- 831VStruetur,s %Variance - November, 2013\LTR MnDOT Variance 112513.daex
Ms. Julie Dresel
November 25, 2013
Page 2
We look forward to discussing our project with the committee. Should you have any questions
in the meantime, please do not hesitate to contact me at 763 - 287 -7187.
Sincerely,
WSB & Associates, Inc.
of W
Monica Heil, PE
Project Manager
Enclosures
cc: Ted Schoenecker, MnDOT State Aid Office
Chris Petree, City of Lakeville (electronic copy, only)
Zach Johnson, City of Lakeville (electronic copy, only)
Barritt Lovelace, WSB & Associates, Inc. (electronic copy, only)
KM 1715 -831 \Strwtwes\Variame - November, 2013 \LTR MnDOT Variance 11 25 13.doea