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274728 WHITE �- CITV CLERK � PINK - FINANCE GITY OF SAINT PAITL Council �.�.-������ 't°ANARY - DEPARTMENT BLUE - MAVOR — File � � rdin�nce , ordinance N 0. I�Q D���Z_ Presented By Referred To Committee: Date Out of Committee By Date AN ORDINANCE MAKING PROVISION THEREFOR AND GRANTING UNTO THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, A MINNESOTA CORPORATION, AND/OR ITS SUCCESSORS IN INTEREST, PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE AN OVERHEAD PEDESTRIAN PASSAGEWAY ACROSS EAST EIGHTH STREET BETWEEN THE INTERSECTION THEREWITH OF MINN- ESOTA STREET AND� CEDAR STREET. SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM THE TOWN SQUARE ON THE SOUTH SIDE OF EAST EIGHTH STREET TO THE NEW PUBLIC PARKING RAMP ON THE NORTN SIDE OF EAST EIGNTH STREET. THE COUNCIL OF TNE CITY OF SAtNT PAUL DOES ORDAIN: Sect�on 1 . That permission and authority are hereby granted to the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, a Minnesota Corporation and/or its successors in interest to construct, maintain and operate an overhead pedestrian passageway across East Eighth Street between the intersection therewith of Mir�nesota Street and Cedar Street. Said overhead pedestrian passageway to be extended from Town Square on the south side of East Eigth Street;;to the new public parking ramp on the north side of East Eighth Street. Section 2. That the DPrector of the Department of Public Works is hereby authorized to issue the necessa ry pe rmits to said permittee , the Hous- ing and Redevelopment Authority of the City of Saint Paul , Minnesota, for the construction, maintenance and operation of said overhead ped- estrian passageway according to ptans and specifications approved by the Department of Public Works and at the separate cost and expense of said permittee, upon said permittee's compliance with the following COUNCILMEN Requested by Department of: Yeas Nays In Favor Against BY Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By . Approved by Mayor: Date Approved by Mayor for Submission to Council By By � � � ���� � . ������ . - 2 - a. That said permittee and/or its successors in inter- est shall , at its own cost and expense and in accord- ance with all applicable ordinances of the City of St. Paul , statutes of the State of Minnesota end re- gulations of public authority havin� cognizance, con- struct , maintain and operate said overhead pedestrian passageway hereunder; b. That said permittee shall pay the costs for the oub- lication of this Ordinance; c. That said permitt�e shall pay the costs of adminis- tration, engineering and inspection incurred by the Department of Public Works due to this undertaking. Said costs are estimated to be a sum of One Thousand Dollars ($1 ,0�0.00) and shall be accounted for under a separate Qepartment of Public !�!orks project number; d. That said permittee shall furnish the Department of Public t-lorks all documents of record for said over- head pedestrian passageway that are a part of the contract or incidental to its execution including, but not limited to, addendur�s , award of contract , contract amount, "as built" plans, tracinc�s and trac- ings of shop ptans ; e. That said �ermittee shall construct said overhead pedestrian passageway to the satisfaction of the Dir- ector of the Department of Public t�/orks in accordance with approved plans and specifications of the Housing and �;edevelopment Authority of the City of Saint Paul , Minnesota , said ptans and specifications on file in the Department of Public ti�Jorks. Such construction shall be made in strict compliance with the American Association of State Highway and Transportation Of- ficials (AASHTO) Specifications , as ariended, and the Uniform Building Code and be authorized under a build- ing permit issued by the Department of Community Ser- vices, Division of Housing and �uilding Code Enforce- ment; f. That said permittee and/or its successors in inter- est shall fulty indemnify, hold harmless and defend the City of Saint Paul , its agents , officers and em- ptoyees from any and all damages , claims , losses, judgments , suits or expenses and on account of all claims of whatever nature for injury to person(s) and/or property arising out of or connected with the construction , erection , maintenance, operation and/or removal of said overhead �edestrian passageway here- under; and that supplemental to all other obligations on their part, jointly and/or severally, hereunder, said permittee and/or its successors in interest shall furnish and maintain and pay all premiums and � I �C��C�= . � � ����+�� - 3 - other expenses therefor, Casualty Insurance Cover- age with a duly licensed Casualty Insurance Company to the extent of $500,OA0.00 for inJury to any per- son and/or persons in any single incident and to the extent of $200,000.00 for damage to property in any single accident, insuring the City of Saint Paul against liability on account of all claims of third persons for injury to person(s) and/or property aris- ing from or connected with the construction, erection , maintenance, operation and/or removal of said struct- ure, at all times, and to furnish competent evidence of said coverage, from time to time, to the Director of Finance and Management Services of the City of Saint Paul ; that such minimums shall be subject to increase by action of the City Council in the event statutory municipal liability limits are altered in any way hereafter; g. That said permittee shall not proceed with construct- ion unless and until said permittee shall have fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul , Department of Public Works "Standard Supplemental Specifications For Nighway Construction" dated July 10 � 1979, Section No. 1305.2. For the purpose of this Ordinance the aforesaid Section of said 5pecif- ications shall be read as though the word "permittee" was substituted for the word "contractor" wherever the same appears therein. Section 13�5.2 of the De- partment of Public t,lorks, City of Saint Paul , "Stand- ard Supplemental Specifications For Highway Construct- ion" dated July lOg 197g is hereby incorporated herein by reference as fully and as completely as if set forth herein verbatim; h. That said permittee and/or its successors in inter- est, shall among other things , at their o�vn cost and expense make adequate and effective provisions there- for and drain all moisture, rain , and snow which shall accumulate ther,eon by proper devices through said over- head pedestrian passageway and in a manner so that the flowing and/or spilling of same on any part of East Eic�hth Street shall be prevented at all times. Said permittee and/or its successors in interest shall maintain and operate said overhead pedestrian passage- way at its sole cost and expense in a safe condition for pedestrian travel . Such maintenance to include, but shall not be limited to, glass , floor, metal trim and hardware cleaninq, polishing and replacement; roof maintenance; repainting; tight bulb replacement and light fixture cleaning; and the supply of heated and cooled air within said bridge to maintain temper- atures comparable to that normally maintained within � � ��Cc��Cp '.� �`� � �� �� �� � - 4 - heated and air-conditioned office spaces , except as may be altered by energy conservation guidelines ; i . That said permittee and/or its successors in interest shall , at all times , construct and maintain all the supports of said overhead �edestrian passage�Nay en- tirely within the lines of the subject private real estate and entirely without public street right-of-way; j . That said permittee shall notify the Traffic Qureau of the Department of Public 4Jorks if the construction or maintenance of said overhead pedestrian passageway shall make necessary the closing of East Eighth Street or any part thereof. All expenses incurred by the Traffic Bureau in furnishing , installing or removing barricades , signs and other control devices shall be paid by the permittee; k. That said permittee and/or its successors in interest shall not use any part of said overhead pedestrian passageway for any advertisement or display purposes, without the written consent of the City of Saint Paut and the application thereto of any advertising mat- erial or display shall be deemed prohibited by this Ordinance; 1 . That said permittee and/or its successors in interest shall , at all pertinent times , in the construction, maintenance and operation of said overhead pedestrian passageway hereunder, provide a minimum vertical clear- ance of at least 17 feet 4 inches between and through- out the course of the bottom of said structure and the surface of East Eighth Street except as may be altered by the City's future street work; m. That said permittee exoressly agrees to comply with Chapter 216 of the Saint Paul Legisiative Code as amended pertaining to street obstructions ; n. That said permittee and/or its successors in interest shall complete the construction and erection of said overhead pedestrian passageway by not later than one (1) year after commencement of construction. Said com- mencement shall be evidenced by Public l�lorks ' receipt of a written notification thereof, and shall be dated therein, as furthe r provided for under paragraph (o) below; o. That said permittee shall notify the City Bridge En- gineer of the Department of Public t�orks before and when construction starts and notify the same said Bridqe Engineer when construction has been completed to allow for a final inspection of said overhead ped- estrian passageway; . . . 1 ���� � _ 5 _ �'e����� p. That said overhead pedestrian passageway shall be re- moved by and at the sole cast and expense of said per- mittee and/or its successors in interest whenever the Councii of the City of Saint Paul shall by Resolution determine such removal necessary in the public inter- est and accordingly order the removal of said struct- ure from said location ; q. That said permittee shatl , ti�rithin a per�iod of t�Uenty (2�) days after the publication of this Ordinance, file a�ith the City Clerk its written acceptance of this Ordinance and agreement to be bound by alt the provisions , terms and conditions thereof without lim- itation which written instrument of acceptance and agreement shall be in the form approved by the City Attorney; r. That upon the execution of an agreement by and between the City of Saint Paul , the Housing and Redeveiopment Authority of the City of Saint Paul , t•linnesota and the applicable building/property owners respecting the said pedestrian passageway the permittee , the hlousing and Redevelopment Authority of the City of Saint Paul , Minn- esota shall be relieved of any further obligation under the terms of this Ordinance, and the successors in in- terest of the permittee, the applicable building/pro- perty oumers shall assume such obtigations inciuding responsibility for paying insurance premiums of said overhead pedestrian passageway connecting their build- ings and responsibility for providing the maintenance, repair and operation of the same; �,� s. That upon the Housing and Redevelopment Authority' s conveyance of its obligations under the terms of this Ordinance to its successors in interest, said permit- tee's successors in interest shall furnish and deliver unto the Ctty of Saint Paul a Surety Bond in the amount of One Hundred Thousand Dollars ($100,�Q0.00) for said overhead pedestri an passageH�ay (6ri dc�e) , made and ex- ecuted by said permittee's successors in interest as Principal and a Corporate Surety Company duly author- ized to transact business in the State of Plinnesota as surety to and in favor of the City of Saint Paul as obligee, conditioned upon the permittee's successors in interest complying with the te rms and conditions af this Ordinance ancl also conditioned that, in the event the permPttee's successors in interest fail to maintain , operate or repair said overhead pedestrian passageway to a reasonable standard of safety, or fail to remove said overhead pedestrian passageway upon order by the CouncPl , the City of Saint Paul may undertal:e the main- tenance, operation , repair or removal thereof and may recover its reasonable cost incurred thereby from said Surety, which Surety Bond shall remain in full force WHI7E• - CITV CLERK • PIMK - FINANCE GITY OF SAINT PAUL Council CANARV -DEPARTMENT � <BLUE -MAVOR ''�.�'; � � � File N 0. i4e ` �� Ordindnce Ordinance N O. �� c�� Presented By Referred To Committee: Date Out of Committee By Date and effect as long as said overhead pedestrian passage- way or any part thereof remains in East Eighth Street as shown on the plans on file with the Department of Pubtic 4lorks. The Surety Bond shall be in such form as shall be approved by the City Attorney and shall have such surety as shall be approved by the Director of Fin- ance and Planagement Services ; t. That said permittee and/or its successors in interest shall submit proposed plans and specifications to the Department of Public tiJorks for review and approval of any intended structural repai rs or major maintenance work on said bridge, before any such work is carried out. Upon completion of such structural repairs appro- ved by the Department of Public IJorks , permanent repro- ducible tracings shall be furnished the Department show- ing the work done and marked with any "as built" changes as weil as reproducible shop drawing tracings of the same; u. That the successors in interest to the permittee in each instance shall subm�t the necessary insurance documents to the Office Engineer of the Department of Public Works. The Office Engineer in turn shall submit said documents to the City Attorney of the City of Saint Paul far re- view and, if said insurance is sufficient , said documents shall be filed with the Director of Finance and Management Services of the City of Saint Paul ; Section 3. - That this Ordinance shall take effect and be in force thirty (30) days from and after its passage, approva) and publication. COUIVCILMEN � Yeas MCMAHON Nays Requested by Department of: �,_ � Publ i c bJorks Hozza In Favor „ ; , � Hunt � ������,� J J� ��;-�c.�,�� L � _- � '�//. Levine � Against BY �� Maddox ,i S�o 1g80 Ado by Council: Date MpY � Form Approved b 'ty A rney ertified P by ouncil Sec�etary BY B Approved by yor: Date MAY 5 1980 APp� v d by Mayor for S m sion to Council gy .Qil,t,v�X, By � MAY 1 0 1980 • uM v� : �z� �yi5 • . Rev: 9I8/76 EXPLANATiON OF ADMiNlSTRATtVE ORDERS, , � RESOLUT I ONS� AND ORD 1 NANCES I C.Q[„e�� . � � � �'����� 6a�e: March 21 , 1980 . � � �.� : , * ",� �,,� APF' .� - ,,,� ���'S �FFlCE fi0: MAYOR GEORGE LATIMER FR: Thomas J. �ggum, Public Works Office Engineer RE: Skyway Bridge over East Eighth� St`reet between Cedar Street and Minnesota Street. �►�ION. REQUESTED: . This Ordinance would grant permission to the Housing and Redevelopment Authority to construct, operate and maintain a skyway pedestrian bridge over E. Eighth Street between Cedar and Minnesota Streets to connect the Town Square and the proposed public parking ramp (Harkins site) . ; �URPOSE AND RATtONAIE FOR TNIS �1CTlON: Ordinance No. 16617, C.F. #27�+025 adop�ed December 11 , 1978, grants similar permission for skyway bridges over E. Sixth Street between Minr�esota end Cedar Streets and Minnesota St. between E. Sixth St. and E. Seventh P1 . 1'TACHMENTS: �--- Ordinance TJE/RAH/j ri ' � - I � 2nd �/�� lst l.� 3rd � Adopted `,� / � Yeas Nays HOZZA HUNT LEV INE �!°���� � c �� MADD OX McMAi�ON � ' � TIDESCO E �rR.3'"