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269708 WHIYE - CITV CLERK ' �� PIN�K - FINANCE CITY OF SAINT PALTL Council ,�. � CANARV - DEPq{jtTMENT � BLUE �-MAVOR File NO. � • /'� 0rdin�nce OrdinanceNO. �LIJ�� 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 CORPORATIbN� AND ITS SUCCESSORS OR AS- SIGNS, PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE AN OVER- - HEAD PEDESTRIAN PASSAGEWAY ACROSS WABASHA STREET BETWEEN THE INTERSECTION THEREWITH OF EAST EXCHANGE STREET AND EAST TENTH STREET. SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM THE EXISTING MINNESOTA ARTS AND SCIENCE CENTER ON THE EAST SIDE OF WABASHA STREET TO THE NEW SCIENCE MUSEUM QF MINNESOTA BUILDING ON THE WEST SIDE OF WABASHA STREET. ,/ THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAINs Section 1 . That permission and authority hereby are granted to the Housing and Redevelopment Authority of the Ctty of Saint Paul , Mtnnesota a Minnesota Corporation and/or its successors in interest to construct, matntarin- a�d operate an overhead pedestrian passageway across Wabasha Street between the intersection therewith of East Exchange Street and East Tenth Street. Said overhead pedestrian passageway to be extended f rom the existing Minnesota Arts and Science Center on the east side of Wabasha Street to the New Science Museum of Minnesota Building on the west side of�Wabasha Street. Section 2. That the Director of Public Works is hereby authorized to issue necessary permits to said permittee, the Housing and Redevelopment � Authority of the City of Satnt Paul, Minnesota, for the construction, ' maintenance, and operation of said overhead pedestrian passageway ac- } ,; � t COUNCILMEN Yeas Nays Requested by Department of: Butler Hozza In Favor Hunt Levine Against BY Roedler Sylvester Tedesco Form Approved b City ttorn Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved b for Sub i to Council By BY ` � • -2- �r�� cording to the plans and specifications approved by and on file with the Department of Public Works by and at the separate cost and expense of said permittee, upon said permittee's compliance with the following conditions : a. That said permittee and/or its successors in lnterest shall , at its own cost and expense and in accordance with all applicable or- dinances of the City of Sa1nt Paul , Statutes of the State of Minnesota and regulattons of public authority havtng cognizance, construct, main- tain, and operate said overhead pedestrian passageway hereunder; b. That said permittee shall pay the costs for the pubiication of this ordinance; c. That said permittee shall pay the costs of administration, en- gineering, and inspection incu�red by the Department of Public Works because of this undertaking, said costs are estimated as a sum of six Hundred Dollars ($600.00) and shall be accounted for under Department of Pubiic Works Project No. 8-1082; d. That said permittee shall furnish the Department of Pubiic Works all documents of record that are a part of the contract or in- cidental to its execution including, but not limited to, addendums, award of contract, sum of contract, "as built" plans, tracings and tracings of shop pians; e. That said permittee and/or its successors 1n interest shail construct said overhead pedestrian passageway entirely at its own ex- pense and to the satisfaction of the Director of Public Works and in accordance with the approved plans and specifications marked Contract No. 77-162 of the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, said plans on file in the Department of Public Works. Such construction shall be made 1n strict compliance with the Amertcan Association of State Highway and Transportation Officials (A.A.S.H.T.O.) Specifications as amended and the Uniform Building Code and be authorized under a building permit issued by the Depart- ment of Community Services, Division of Housing and Building Code Enforcement; f. That said permittee and/or its successors in interest shall fully indemnify, hold harmless, and defend the City of Saint Paul , its agents, officers and employees f rom 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 con- nected with the construction, erection, maintenance, operation and/or removal of said overhead pedestrian passageway hereunder; 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 other expenses therefor, Casualty Insurance Coverage, with a duly licensed Casualty Insurance Company to the extent of Five Hundred Thousand Dollars �$500,000.00) for inJury to any person and/or persons in any single incident, and to the extent of Two Hundred Thousand Doliars ($200,000.00) for damage to property in any singte accident, indemnifying the City of , . � . -3- � �V�7!tf$ i � Saint Paul against liability on account of ail claims of third per�ns � , for injury to person(s) and/or property arising from or connected 'with � the construction, erection, maintenance, operation and/or removal of said structure hereunder, at ail times, and to furnish competent evidence of said coverage, f�om time to time, to the Director of Finance and Management Services of the City of Saint Paul ; g. That said permittee shall not proceed with construction unless and until said permittee shall have fully complted with the provisions regarding insurance and indemnification contained in the Depa�tment of Public Works, City of Satnt Paul "Standard Supplemental Specifications for Highway Construction" dated September 1 , 1976, Section Number 1305.2. For the purpose of this Ordinance, the aforesaid section of said speci- fications 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 Department of Public Works, City of Saint Paui "Standard Supplemental Specifications for Highway Construction" dated September 1 , 1976 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 interest, shall among other things, at their own cost and expense, make adequate and effective provisions therefor and drain all moisture, rain and snow which shall accumulate thereon by proper devices through said overhead pedestrian passageway and in a manner so that the ftowing and/or spilling of same on any part of said section of said Wabasha Street shail be prevented at ali times. Said permittee and/or its successors in interest shall maintain and operate said pedestrian bridge at its sole cost and expense in a safe condition for pedestrian travel , such maintenance shall include, but shall not be limited to, window, floor and metal trim cleaning, polishing, and replacement; roof maintenance; repainting; light bulb replacement and light fixture cleaning; and the supply of heated and cooled air within each bridge to maintain tempera- ture comparable to that normally maintained within heated and air- conditioned rental office spaces; i . That said permittee and/or its successors in interest shall , at all times, construct and maintain ail of the supports of said over- head pedestrian passageway entirely within the lines of the sub,ject private real estate and entirely without public street rights-of-way; j. That satd permittee shail notify the Traffic Bureau of the Department of Public Works if the construction or maintenance of said overhead pedestrian passageway shall make necessary the closing of Wabasha Street or any part thereof; ali 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 shail not use any part of said overhead pedestrian passageway for any advertisement or display purposes, without the written consent of the City of Saint Paul and the application thereto of any advertising material or display shall be deemed prohibited by this Ordinance; 1 . That said permittee and/or its successors in interest shall , in the construction, maintec�qnce, and operation of said overhead pedes- trian passageway, provide a minimum vertical clearance of at least 17 � . -4- . . ��VQ � feet, 0� inches between and throughout the course of the bottom of said • structure and the surface of said section of said Wabasha Street, except as altered by the City's future street work; ' "°� . . m. That said permittee expressly agrees to comply with Chapter 216 � of the Saint Paui Legislative Code, as amended, pertaining to street ob- structions; n. That said permittee and/or its successors in interest shall com- plete the construction and erection of said overhead pedestrian passage- way in accordance with these requirements within one (1) year of commence- ment of construction. Said commencement shall be evidenced by Public Works' receipt of a written notification thereof, and shall be dated therein; as further provided for under Paragraph (o) below; o. That said permittee shall notify the Bridge Engineer of the De- partment of Public Works before construction starts and when construction has been completed to allow for a finai inspection; p. That said overhead pedestrian passageway shall be removed by and at the sole cost and expense of said permlttee and/or its successors in interest whenever the Council of the City of Saint Paul shall by Resolution determine such removal necessary in the public interest and accordingly order the removal of such structure f rom said location; q. That said permittee shall , within the period of ten (10) days after the publication of this Ordinance, file with the City Clerk its written acceptance of this Ordtnance and agreement to be bound by all the provisions, terms and condttions thereof without limitation which written instrument of acceptance and aqreement 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 Redevelopment Authority of the City of Saint Paul , Minnesota, and the Science Museum of Minnesota regarding said pedestrian passageway over Wabasha Street, the permittee, the Housing and Redevelopment Authority of the City of Saint Paui , Minnesota, shall be relieved of any further obiigation under the terms of this Ordinance, and the successors in interest of the permittee, the Science Museum of Minnesota shall be responsible for paying the premiums for insurance of said overhead pedestrian passageway and shall also be responsible for providing the maintenance and operation of said over- head pedestrian passageway; s. That upon the Housing and Redevelopment Authority's conveyance of its obligations under the terms of this Ordinance to the Science Museum of Minnesota the sald permittee's successors in interest shall furnish and deliver unto the City of Saint Paui a Surety Bond in the amount of Fifty Thousand Dollars ($50,000.00) , for said overhead pedestrian passageway (bridge) made and executed by said permittee's successors in interest as Principal , and a Corporate Surety Company duly authorized to transact business in the State of Mtnnesota as Surety, to and in favor of the City of Saint Paul as obligee, condi- tioned upon the permittee's successors in interest complying with the terms and conditions of this Ordinance, and also conditioned that, in the event the permittee's successors in interest fatl to maintain, repair WH�TE - CITY CLERK � � '�f� PINK� - FINANCE j�`'�� . CANARY - DE�ARTMENT GITY OF SAINT PAUL COIlIICll . ' BLUE - A�AYOR - File N 0. . .�/ � Or in�nce ordinance N 0. � �l'1� Presented By Referred To Committee: Date Out of Committee By Date -5- or replace the overhead pedestrian passageway to a reaso�able standard of safety, or fail to remove said overhead pedestrian passageway upon order by the Council , the City of Saint Paul may undertake the maintenance, repair, replacement or removal thereof and may recover its reasonable cost incurred thereby from saTd surety, which Surety Bond shall remain • - in force and effect as long as said overhead pedestrian passageway or any part thereof remains in that portion of Wabasha Street as shown on plans on file with the Department of Public Works. The Surety Bond shall be in such form as shail be approved. by the City Attorney, and shall have such Surety as shall be approved by the Dlrector of Finance and Manage- ment Services; . t. That said permittee and/or its successors in interest shalt sub- mit proposed plans and specificatlons to the Department of Public Works for review and approval of any intended structural repairs or ma,jor main- tenance work on the bridge before any such work may be carried out. Upon completion of such structural repairs approved by the Department of Pubtic Works, permanent reproducible tracings shall be furnished the Department, showing the work done and marked with any "as built" changes, as well as reproducible shop drawing tracings of the same; u. That said permittee shall submit the necessa'ry insurance docu- ments to the Office Englneer of the Department of Public Works. The Office Engineer shall submit said documents to the City Attorney of the City of Saint Paul for review 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, approval and publication. mkb COUNCILMEN ' Requested by Department of: Yeas Nays . Butler Publ ic Works -He�e In Favor Hunt '1'�""� �0 Against B � � , Roedler Daniet J. nford, Dire tor JE/ Sylvester T .SEP 2�2 �9�� Form Approved by ity Attorn Adopte Council: Date C ified Pass y Coun Secretary, BY Ap o e b Mayor: te ;3 Approved by yor Submis 'on uncil C � BY BY PUBLISHED O CT 1 �977 � qM O 1: 12/Z'�?S . � ' e' Rev. : ', EXPI,tiNA'�IO�.T OF �`xCi�INI5TI�ATIVE OR •RS, . ,� ? � � ' R�;SC?LUTIC7t��, AvD i��DINP,��TCE�: ,11 --' � 1�3y� �� Date: August 17. 1977 � �' � � �� a �� V � Q :r � . ., � �U U ; '�k �97� T0: NL�Y(�R GEORGE LATIMER ` �� i� �ll�► • F�: Publtc Works Office Engtneering ;; RE: Pedestrian bridge over Wabasha St. between Exchan�e St. and T nth $t. ;; :� . ,1 ;i ;:; ,� ;;', i; � � ACaT4N REQC?E�T�:T�: � � � :� . . ,� ;; . Would permit the Housing and Redevelopment Author� y to construct, operate , and maintain a pedestrian� b�idge ctver Wabasha St. tween the Minnesota Arts and Science and the New Science Museum of Mi esota, subject to certain conditions as contatned in the ordinance. ';, ' � . u ;4 . ;� ;,; ,, ju 4 FTJFZ�OSE AND R1ITION�iLE FdR THTS ACTION: r� The Councit b ordinance has ranted permission f � reviousi constructed Y 9 P Y pedestrian bridges; (i.e•. Ordinance No. 16145 ado � ed 12/23/76 for pedes- trian bri.dge over Wabasha St. between Sixth St. a�d Seventh St.) � '� ,� � � � � � , i I r i . � - � ��i� - � -. AT TP.C�MENTS: O rd f nan ce � �,. � <,j' � � :y ,;i ;� . #� : TJf/RAH/b,jh ;u ,; � �� ` � ` - -� -- ' �- lst _ — Cp , 2nd � — � J 3rd � �J Adopted ��,2 , Yeas Nays BUTLER HOZZA �HUNT 2fi9'71�8 f^ LEVINE " ROEDLER � TEDESCO PRESIDENT (SYLVESTER) . � . \ �--- - _ -