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269521 PIAMITE - C�TV CLERK ^����. PINK - FINANCE 1 �1 � � MNARV - DEPARTMENT GITY OF SAINT PAUL COUI1C11 � BLUE - MAYOR ' FIIe NO. + ouncil Resolution Presented By Referred To Committee: Date Out of Committee By ' Date WHEREAS, United Hospttals, lncorporated has indtcated that it is � desirous of constructing a sidewalk and driveways on the north side of Smith Avenue, centered 65 feet west of Walnut Street, in a manner in conflict with the City of Saint Paul, Minnesota, Department of Public Works, Standard Detail Piates, specifically the slope of said sidewalk and driveways would be such that drainage would be toward the United Hospitat Building. United Hospitals, Incorporated is also desirous of installing hydronic heating units, for snow melting purposes, in the sidewatks a�d driveways on the north side of Smith Avenue between Grand Avenue and Walnut Street and on the east side of Thaapson Street between Grand Avenue and Pleasant Avenue; now, therefore, be it . RESOLVED, That pursuant to the provisions of Chapter 207 and 208 of the Saint Paui Legislative Code, the Director of Public Works is hereby _: authorized to issue to said United Hospitals, Incorporated a permit to construct the sidewalk and driveways, including installation of hydronic heating units, abutting United Hospitals' property along Smith Avenue • `and Thompson Street; and be it FURTHER RESOLVED, That ,the above permission is granted and made ex- � pressly sabJect to the following terms, provisfons, and conditions: 1 . That said permitfiee shall, at its own cost and expense, and in accordance with all applicable ordinances of the City of Saint°'° Paul and statutes of the State of Minnesota, construct, operate and maintain said sidewalks and dr-iveways; 2. That said sidewalk construction and installation shall be made to the satisfaction of the Department of Public Works, in accor- dance with the Plans and Specifications approved by and on file ' in the Department of Public Works, �and identified as Public Works Project No. E-1273; COUNCILMEN Yeas Nays Requested by Department of: Butler Hozza In Favor Hunt Levine __ Against BY Roedler Sylvester Tedesco Form Approved by Cit Attor ey Adopted by Council: D9te , Certified Passed by Council Secretary BY By Approved by Mavoc Date Appr ed by Mayor for Su iss n to Counc� By BY • � � �69521 . c2� 3. That sai:d permittee shall pay the costs for the publication of this resolution and the publication of all future resolutions related hereto; 4. That said permittee shall pay the Department of Public Works' costs of administration, engineering, and inspection of said work, and said costs shall be accounted for under said Project No. E-1273; 5. That said permittee shall not canmence construction of this Project until a sidewalk permit is obtained from the Sidewalk Section of the Department of Public Works; 6. That said permittee shall , during the term of this permit, re- store and repair all property, whether public or private, damaged or which may be damaged due to the construction of this Project; 7. That said permittee shall , at no cost to the City, repair any damage to the hydronic heating unit which may occur during the normal course of City street maintenance and/or construction; 8. That said permittee shall furnish and deliver to the City .of Saint Paul , a surety bond in the amount of Ten Thousand Do� lars � ($10,000.00) � conditioned upon the permittee complying with all the terms and conditions of this resolution and to indemnify �sa�d City from all liability� costs, and expenses, that may accrue occasioned by the making of the improvements or arising out of the same, which surety bond shall remain in force and effect so long as the heated sidewalk or any part thereof re- mains on the public right-of-way; 9. That said permittee shall furnish the Department of Public Works, upon request, all documents of record that are a part of any con- tract for the construction of this Project or incidental to its execution including, but not limited to addenda, award of contract, sum of contract, "as built" plans and tracings; 10. That the Council reserves the right to order, by resolution, the removal of the hydronic heating units, or parts thereof, from the public right-of-way, and in the event the Council exercises such right, the permittee shall , at its own expense, remove said heating units and restore the public walk to a condition similar to that of the abutting walk at time of removal , to the satis- faction of the Department of Public Works; 11 . That said permittee expressly agrees and undertakes to fully in- demnify, hold harmless and defend the City of Saint Paul, its agents, officers and employees from any and all damages, claims, losses, judgments, suits or expenses arising out of or connected with the construction, maintenance or operation of said improve- ments; � � ��9�21 � (3) 12. That said permittee shall be responsible for any drainage in- curred because of the slope and elevation of the driveways located approximately 65 feet west of Walnut Street; 13. That said permittee, its assigns and/or successors in interest shall take out and maintain during the period of this permit, a comprehensive protective public liability insurance which shall remain in force and effect as long as said heated side- walk and driveway or any portion thereof is maintained and lo- cated on the public right-of-way of Smith Avenue or Thompson Street. This liability insurance shall fully indemnify, hold harmless, and defend the City of Saint Paul , its agents, offi- cers and employees from any and all damages, claims, losses, judgements, suits or expenses on account of all claims of what- ever nature arising out of or connected with the construction, maintenance, operations and/or subsequent removal of said heated sidewalk and driveways; The liability insurance shall be issued by an insura�ce company licensed to do business in the State of Minnesota and the premium and all expenses incidental thereto shall be paid promptly by the permittee initially and upon renewal . A certificate of this in- surance policy shall be submitted to the Office Engineer, Depart- ment of Public Works, and must be of a form acceptable to the City Attorney. Before any expiration, said permittee shall deposit with the City of Saint Paul , a new certificate to replace any ex- piring insurance. The permittee and the City shall be named as jointly insured with limits of liability indicated as follows: Bodily injury insurance (inctuding death) in an amount of not less than $250,000.00 for all damages arising out of bodily injuries to or death of one person, and, subject to the same limit for each person, in a total amount of not less than $500,000.00 on account of any one accident. Property damage insurance in an amount of not less than $150,000.00 for all damages to or destruction of property in any one accident, and subject to that limit per acci- dent, further subject to a total of not less than $200,000.00 for ail damages to or destruction of property during the policy period; The insurance coverage shall automatically be restored im- mediately after the occurance of any accident or loss from which liability may thereafter accrue and the City of Saint Paul shall be notified at least 30 days in advance of the cancellation of the insurance coverage by the issuing in- surance company; Wj-IITE '- CITV CLERK COUL1C11 .�s���� PINK - FINANCE C/ENARV - DEPARTMENT � GITY.. OF SAINT PALTL 1 ���d � BLUE� �MAVOR � Flle NO• Council Resolution � Presented By Referred To Committee: Date Out of Committee By Date (4) 14. That said permittee shall , within the period of fifteen (15) days after the effective date of this resolution, file with the City Clerk its written acceptance of the terms, provisions and conditions of this resolution and its agreement to be bound by said terms, provisions and thereof, without limita- tion, which written instrument of acceptance and agreement shall be in form approved by the City Attorney. COUNCILMEIV Yeas Nays Requested by Department of: Butler �j b 1 i c Wo rks Hozza In Favor Hunt J - Levine _ Against BY ' Roedler (TJ E� Te�° AUG 2� 1977 � Form Approved b Cit ttor Adopted b ouncil: Date Cert ed Passed o cil S etary � BY B � � 6 5 197 ppP by Mayor for S m io o Counci� Approve , av r: Date By BY PU6LISHED AU G 1 3 1977 � .. � X. . . . �� O�i i�/���� . . , + Rev. - 9I8/?5 /�" EXPI.,�]ATIOPd t�F ADMII�ISTRF�.TIVE OR�ERS, �C(��� ' RESQLliT70iVS, AND iiRDII�.��JCES U� Date: Juty 18, 1977 : TO: MAYOR GEORGE LATIMEFi �FR: Public Wbrks, Office Engineering FtE: Unitad Hospitsls request to tnstail Matsd sidewaik. snd d�iwway along , � Smith Ave. snd Thaapson St. snd to construct �n inverse slope drivewsy . on S�n i th Ave. � ' ACTSON REQUESTED: lldthorize issuance of a pe�it for the construttion of stde- waiks and driveways which confll�t with the aepsrtn�nt of Public Wbrks Standard Detatl Plat�s. First, Untted H�spit�ls fias re- quested permission to construct seversi driwways wF+ich dne to their desig�ed elevstions would drain atormwater towards the UnTted Hospitsl building. Second, po�ttons of the sidawslk � snd drtveways wouid include heating units for snow �nalttng. PURPOSE �ND RA2IONALE FOR THIS ACTI�N: Untted HospitaT wiil be required to ssswne certaln obitgations co�cerning the construct�on and matntenance of thsse sidewslk ` - and drivawsy iMp�ovenients. ATTACHMENTS: ResolutTon , . TJE/RAH/nikb