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