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CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2024-069 A RESOLUTION REQUESTING A VARIANCE FROM STANDARD FOR STATE AID OPERATIONS FOR THE 15TH STREET NORTH IMPROVEMENTS (PROJECT No. S.A.P. 206-110-002) WHEREAS, the City of Lake Elmo intends to improve the pavement surfaces in fiscal year 2024 along 15th Street North, from Inwood Avenue (CSAH 13) to the Lake Elmo/Oakdale City limits, and WHEREAS, the City of Lake Elmo prepared plans and specifications consisting of a fall depth reclamation of the pavement surfaces along 15tb Street North, Project S.A.P. 206-110-002, submitted the plans and specifications for State Aid review, incorporated State Aid review comments, received contractor bids for the improvements, and WHEREAS, Minnesota Rules for State Aid Operation 8820.2800 subpart 2A, Eligibility for Funding, requires final plans to be approved by the State Aid engineer before opening bids for the project; and WHEREAS, the reason for this 'variance requests is to comply with State Aid Rules regarding the sequence of approvals within MSA Rules. The project was let on April 18, 2024 prior to State Aid Approval on May 8, 2024, and WHEREAS, all plan changes requested by the State Aid engineer were incorporated into the plan set through addendum #1, and were therefore fully included in the plans used by contractors when submitting their bids, and NOW, THEREFORE BE IT RESOLVED, that the City ofLake Elmo City Council does hereby request a variance from the Minnesota Department of Transportation State Aid Operations Rules Chapter 8820.2800 subpart 2A (Eligibility of Funding) to allow plan approval after letting of the project in lieu of plan approval prior to letting the project; and BE IT FURTHER RESOLVED, D, that the City of Lake Elmo 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 Project No. S.A.P. 206-110- 002 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 this variance.