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86-203 N�HITE - CITV CLERK - PINK - FINANCE G I TY OF SA I NT PAU L Council CANARV - DEPAHTMENT � 1 BLUE -�MAVOR Flle NO. � —�O� ' �Co i� Resolution Presented By � �efe�re To l�V�V� �- w ��1�c S Committee: Date �� 3 �� Out of Committee By Date WHEREAS , the City of Saint Paul maintains a pedestrian bridge on Hazel Avenue across the right-of-way of the Chicago and North Western Transportation Company; and WHEREAS , the City has requested permission from the Transpor- tation Company to replace the pedestrian bridge during the year of 1986 , and to further grant permission to store the 162 foot truss on the Transportation Company' s property near the bridge site ; now, therefore , be it RESOLVED, that the Mayor and City Clerk are hereby authorized to execute on behalf of the City of Saint Paul a release and indemnification agreement for the storage of the 162 foot truss on the Transportation Company' s property and providing an indemni- fication agreement by the City to the Company for any loss or damages which may occur on account of the storage of the said bridge truss. COUNCILMEN Requested by Department of: Yeas pr� Nays � ��""`'��'� [n Favor Nise�is� Scheibel (� , Sonnen A gainst BY Tedesao W i Ison Adopted by Council: Date FEB � � 198u Form Approv d City Attor y Certified Pas ouncil Sec ry BY By� J � ` ��`� ' � � A r `� d Ma or for ubmis 'on Council Appro by Mavor: �• pp Y y By BY ..,,rQ7 . .. _ .:J �g t PU�ii.iJ":;s:J . _ � DEPARTMENT �a�� N� 1263 Arthur--W �rthauser . � COKTACT 292-6320 '�, PHONE December '!9 1985 DATE 1 e�� e�i ASSIGN NUN�E� FOR ROUTING ORDER (Clip All Locations for Signature) : �or 2 Director of Management/Mayor Finance 8�nd Management Services Director � City Clerk Budget O�rector City Att�rney WHAT WILL BE;,ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ The Agreement will allow the City to transport and store a 162 fo��tYian bridge truss on the ChiCago Northwestern Transportation Company right-of-way. The Public Works Bridge Bureau will schedule removal of old Hazel Bridge and replacement of new : truss in summer of 1986. � � �� COST/BENEFIT'r BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: The Port A�thority hati one excess truss left from Energy Park which they gave to the City of Saint P�ul. The replacement of the existing truss at Haze1 Pedestrian Bridge with the 162 foot t�uss will save the City approxima.tely $50,000. FINANCING SO�RCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amorunt of Transaction: None, quired if under $10,000) Funding Spurce: None. Activity Number: \t � , �' �,n i��X� ATTACHMENTS �List and Number All Attachments) : � � . �`�8�� ; 1,':; ., 1. Letter:from Chicago Northwesfiern:•�raxtspf�r�atton::EQxnpax�t�c-�. _ . ��f1�� 2. Counci�, Resolution. Cr`Py�R� 3. Releas� and Inde�ification Agreement. DEPARTMENT R�VIEW CITY ATTORNEY REVIEW xYes No' Council Resolution Required? Resolution Required? Yes X No Yes �No Insurance Required? Insurance Sufficient? Yes No Yes xNo Insurance Attached: (SEE REUERSE SIDE FOR INSTRUCTIONS) Revised 12/84 ' • � . _ . , . �i-�G�-�?o� , , CHICAGO AND �, TRANSPORTATION COMPANY ASSISTANT DIVISION MANAGER ENGINEERING November 22, 1985 ��C�l��c C� a�C � , `� Mr. Arthur Werthauser � ._ ;5 Acting Bridge Engineer C�Tyq�... � Department of Public Works ��''�8`�,�r 600 City Hall Annex St. Paul , MN 55102 Dear Mr. Werthauser: With reference to your File Hazel Bridge No. L-5849 and letter dated October 25, 1985 with attachments regarding the replacement of the pedestrian overhead bridge (CNW #436) located at M.P. 4.53 in St. Paul , MN The existing 107' PRT Bridge is covered under License dated April 27, 1957, which states in part, " . ..At anytime that the City determines to construct a new bridge, this License shall automatically become null and void upon notification of said intent to the Licensor." Therefore, by copy of this letter, I am forwarding the bridge plans (Sheets 1-4) and requesting our staff in Chicago to prepare a new standard License Agreement to cover the proposed 162' truss bridge. Twenty-three (23) feet is the CNW minimum vertical clearance standard. However, I am requesting a waiver from our Bridge Engineer to accept the 22' 4-3/4" vertical clearance as shown on your plans. Enclosed herewith in triplicate is our standard "Release and Indemnification Agreement". Upon return of the release form properly signed, along with a letter acknowledging the City's intent to sign a new License Agreement, you have my approval to store the 162' truss on CNW property near the bridge site (providing I receive the vertical clearance waiver) . If you have any questions, please feel free to call me or Mr. Nick in this office. Very truly yours , . E. Terbell Assistant Division Manager - Engineering Attachment 275 EAST FOURTH STREET/ST. PAUL, MINNESOTA 55101 /612-221-9317 � � '� . - - ' - (�f/'�-��..� RELEASE AND INDEMNIFICATION AGREEMENT WNEREAS, the City of St. Paul (Dept. of Public Works) desires to enter upon the premises of the Chicago and North Western Transportation Company (hereinafter called "Company") at Hazel Bridge No. L-5849 near Hazel Ave. in St. Paul , MN (CNW BR. 436).,� WHEREAS, the Corr�any is willing to permit City of St. Paul - Dept. of Public Works to enter upon such portion of the Campany's premises . for said purpose upon the terms and conditions hereinafter set forth: • Storage of a 162' truss o.n C&NW property near the bridge site This agreement is only valid December 2, 1985 thru October 31, 1986. You must cantact Mr. J. E. Terbell , 221-9317 prior to commencing any activity on the premises. NOW THEREFORE, for and in. consideration of the privilege of en- tering upon the premises of the Chicago and North Wes�ern Transportation Company, I, City of St. Paul (Dept. of Public Works), assumes and agrees to pay for all loss or damage to its own property and the property of any other person or firm whomsoever and for all injury to or death of any �: persons whomsoever, including the costs and expenses incident thereto, ' arising, wholly �or in part, from or in connection with the purpose � aforementioned, or any defect in saict- property or failure thereof,--or the operation of the railroad of the Corrq�any, causing same or contributing thereto, and does hereby agree to indemnify the Company and save it harmless f rom all liability for any such loss, damage, injury and death, including all costs and expenses incident thereto. . This Release and Indemnification Agreement must be in your pos- session at all times while on Chicago and North Western Transportation Company property and yau �st be prepared to produce it upon proper demand. - IN WITNESS WHEREOF, I have hereunto set my hand and seal and acknawledge the same this day of , 1985. Donald E. Nygaar , irector�Date WITNESS: Approv by Mayor , Date Approved by City Clerk Date � ti.�:.i'�''• r�;. i'...:, �_. . ' . . . f'.'�;.. ,i:;' i'.c:...!:-�` . . @,��a� . Ilembets: '1 Chics Nicosla, Chalr LITY UF �AI�T'1` PAUL Jnn��e [tettman �� u 61@t 3onaen � � OFFI(3E OF THE CITY COIINUIL ' John Drew (Alt) Date: February 10, 1986 � � � � � C o mmitte e Re o rt p To: Saint Paul City Council � � From: Committee on Public Works � Chris Nicosia, Chair The Public Works Committee at its meeting of February 5, 1986 took the following action: Hear i nca Date 1 . 2/11/86 VACATION: Petition of Bradley D. Stark and Associates for the vacation of part of Bradley Street located between Whitall Street and York Avenue for the purpose of multiple residential construction. Recommended approval . 2. 12/31/85 RESOLUT��1: author i z.�. , an i ndemn i f i ca�t i c�,n agre_�ment betweea ° the City arid'��""_,G'�►1,�,.,-.�.;,er� N�`rth We�tern Trarrsport�t�on Company far the �r�ge o� �+t-h� `'`Haze 1 Averw�+ Pedestr i an . Br i dge truss �iv�°Tr�nspor�at�;Gc�p�Y proptrty (la#d over frotn 1-22-86) . Recommended approval . 3. 1 /7/86 RESOLUTION: amending Chapter 113 pertaining to snow removal - this change will remove exemption of weekends and holidays from the time the division is required to allow for removal of snow 8 ice from sidewalks ( laid over from 1-22-86) . Recommended approval . 4. 1/21/86 RESOLUTION: approving settlement for appeal of assessment for alley improvement at 90d Aldine Street aka Lot 13, Blk. 3, Cottage Place, Taylor's Division. Recommended approval . 5. 2/I1/86 FINAL ORDER: To decide on improving Maryland Avenue from Payne Avenue to Burnquist Street by grading and paving with bituminous material , constructing concrete curb and gutter, constructing drainage structures, ornamental lighting system and signal system, planting trees, and doing all other work necessary to comptete said improvement. Sent back to City Council without recommendation. C1TY HALL SEVENTH FLOOR SAINT PAUL, MINNESUTA 55102 612/298-4475 �ae