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259856 � ORI�:AL TO CITY CL6RK �)9��l � CITY OF ST. PAUL �uNC�� NO �� ; OFFICE OF THE CITY CLERK _. OUN I RESOLUTION-GENERAL FORM PRESENTED BY � COMMISSIONE - ATF WHEREAS, Northern Federal Savings and Loan Association has indicated to the Department of Public Works that is is desirous of installing electrical heating units for snow melting purposes and three light standards in the public sidewalk of Wabasha Street between Fifth Street and Sixth Street and Sixth Street between Wabasha and Cedar, abutting said Association's building at 386 Wabasha Street, St. Paul , located on Lots 6, 7 and 8 of Block g, St. Paul Proper, Ramsey County, Minnesota and, further, to construct the sidewalk and street lights according to plans and specifications satisfactory to the Department of Public Works ; Now, therefore, be it RESOLVED, That pursuant to the provisions of Chapters 207 and 208 of the St. Paul Legislative Code, the Acting Director of Public Works is hereby authorized to issue to the Northern Federal Savings and Loan Association a permit to construct the light standards and sidewalk around the Association's O building at 386 Wabasha Street, and incorporate in said sidewalk construction, � � electrical heating units for snow removal purposes ; and be it � .,�-3, FURTHER RESOLVED, That the above permission is granted and made expressly � subject to the following terrns, provisions , and conditions: � /,.,.� �� 1 . That said permittee shall , at its own cost, expense, and in accordance � 0 with all applicable ordinances of the City of St. Paul and statutes of the •• State of Minnesota, construct and erect said sidewalk and street light standards , and maintain and operate said heated sidewalk; i _ �� 2. That said sidewalk �nd street light construction and installation shall � be made to the satisfaction of the Department of Public Works, in accordance with the plans and specifications approved by and on file in the Department of Public Works, marked and identified as Public Works Project No. E-1153, and in , strict compliance with the City of St. Paul Electrical Code, authorized under a building permit issued by the Department of Parks , Recreation and Public Buildings ; 3. That said street light standards shall be constructed under the inspection and to the satisfaction of the Lighting Bureau, which, upon its acceptance and approval after a final inspection, shall thereafter operate and maintain said light standards ; COUNCILMEN Adopted by the Councit 19— Yeas Naqs �� tl C on Hunt Approv� 19— vin Konopatzki Levine Tn Favor eredi Meredith Spra,fka Sprafka ��'�r Tedesco Tedesco ABainst Mme. President, Butler r. President, McCa PUBLISHED OCT 141972 �°� . � ��+ ' -2- ,C.cl.7 _. �& t�D 4. That said permittee shall pay the costs for the publication of this resolution and the publication of all future resolutions retated he reto; 5. That said permittee shall pay the Department of Public 4lorks ' costs of administration, engineering, and inspection of said work, and said costs shall be accounted for under said Project No. E-1153; 6. That said permittee shall properly protect all excavations made in the streets , sidewalks and boulevards both day and night so as to avoid all damage or injury to persons or praperty; 7, fhat said permittee, after the inception of said work, shalt prosecute said work continuously, with diligence, and fully complete said work to the satisfaction and approval of the Department of Public Works by no later than December 31 , 1972; 8. That said permittee shall not commence construction of this Project untit a sidewalk permit is obtained from the Local Improvement Division of the Department of Public 1Jorks ; 9. That said permittee shall , during the term of this permit , restore and repair all property, whether put�lic ar private, damaged or which may be damaged due to the construction of this Project; 10. That said permittee shall , at no cost to the City, repair any damage . to the etectrical heating unit which may occur during the normal course of City street maintenance and/or construction; �� 11 . That said permittee shall furnish and deliver to the City of St. Paul a surety bond in the amount of Thirty Thousand Dollars ($30,000.00) , conditioned upon the permittee complying with all the terms and conditions of this resolution and to indemnify, defend and save harmless the City of St. Paul from all losses , liability, judgments, suits , costs , charges, damages , or expenses that may accrue to persons or property or the City arising out of or connected with the construc- tion, presence, maintenance, repair and removal of the heated sidewalk, which surety bond shall remain in force and effect so long as the heated sidewalk or any part thereof remains on the public right-of-way of llabasha Street or Sixth Street; 12, That said permittee shall furnish the Department of Puhlic Works , upon request , all documents of record that are a part of any contract for the construc- tion of this Project or incidental to its execution including, but not limited to, addenda, award of contract, sum of contract, "as buitt" plans and tracings; 13. That the Councit reserves the right to order, by resotution ; the removal of the electrical 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 satisfaction of the Department of Pub 1 i c Llorks ; � R , � + ,OR161NAL TO CITY CL6RK �;`7Q��c, CITY OF ST. PAUL FOE NCIL N� ' '�� i) • OFFICE OF THE CITY CLERK . COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONER DATF -3- 14. That said permittee expressly agrees and undertakes to fully indemnify, hold harmless and defend the City of St. Paul , its agents, officers and employees from any and all damages , claims , losses , judgments , suits or expenses arising out of or occasioned by the performance of the work contemplated by this per- mission and authority; 15. That said permittee shall not proceed with construction unless and until said permittee shall have fully complied with the provisions regarding insurance and indemnification contained in the City of St. Paul , Department of Public Ldorks "Specifications for Street and Sewer Construction," dated April 1 , 1959, Paragraphs A,C,D,E,F,K,L,M,N,O and P of Section numbered 1 .44 of said specifications as amended, applicable to contractors. For the purpose of this resolution, the aforesaid paragraphs of Section 1 .4G of said specifications , shall be read as though the word "permittee" was substituted for the word "contractor," wherever the same appears in the aforesaid paragraphs of Section 1 .44. Said paragraphs of Section 1 .44 of the '.'Specifications for Street and Sewer Construction" of the City of St. Paul is hereby incorporated herein by reference as fully and as completely as if set forth herein verbatim. Proof of comptiance with provisions of the aforesaid section shall be in such form as the City Attorney of the City of St. Paul may direct and the documents required by the aforesaid Section 1 .44 shall , after submission to the City Attorney, be filed in the Department of Finance of the City of St. Paul ; 16. That said Rermittee shall submit the required bond and insurance � documents to the Office Engineer o� the Department of Pub1iE Worl��; 17. That said permittee shall , within the period of fifteen (15) days next 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 conditions thereof, without limitation, which written instrument of acceptance and agreement shall be in a form approved by the City Attorney. OCT i i �Tt COUNCILMEN Adopted by the Counci� 19— Yeas xays OCT 12 1972 utle C son _ Nunt . App 19— vi Konopatzki � Tn Favor eredi Levine Meredith � Mayor Spr�,fka Sprafka Tedesco Tedesco ASainst r. President, McCar Mme. President, Butlec PIJBLISHED 0 C T 14 1972 °�'� � 2598�� cuK�ewn ro nntrr�e ,o � , CITY OF ST. PAUL �� NO " , OFFICE OF THE CITY CLERK � � COUNCIL RESOLUTION—GENERAL FORM ��.� COMMISSIONER DA*F YHEREAS, ibrti�srn Rsd�ral Savin9s and Loan Associatlon has ind�cat�d to ths Depart�t of rublic Worics that is is dssirous of Instsilt�y •t�ctriul heatiny units for snav w�lting purposss and thrs� 119ht st+�ndards in th� publle sids+,ralk of Vabasha Streat b�t�sn Flfth Strest end Sixth Street and Sixth Stnst betwesn Wabasha and C�da�. abutting said Associ+�tlon's buildtng at 386 M�asha Stn�t, St. Paut, toeated on Lots 6, 7 and 8 of Biock 9. St. Ps�! �ropsr. Rawsa�► County, Minnasota and, furthsr, to construet ths stdrwalk and atreet lights according to plans and specificattons satisfactory to th� Ds�arbrnt of Public Mork:; Nar, thsnforo. be tt RESOLYE�, That pursuant to the provistons of Chaptsrs 407 snd 208 of ths St. Paul I.agislative Cod�, the Acting Dirsctor of Public Nbrks 1: hereby autho�iud to issw to thr North�rn Red�rst Saviny: s�d Los� Association a per�it to construct ths ifght standards and sidaMalk around the Association's buildi�q st 38b lisbasha Strast, and incorporate in said sidswalk constraction, alsctriul heati�y anTts for snaw re�nav+�l purposes; and bs it FURTHER RESOLYED� That tl» ibov� parsission is �ra�t�d aAd �nade exprossiy subJact to the followin� t�n�s, provislons. and oonditions: 1. That ssid �nwitt�� shall , at Its o�m oost� expens�, and in acoo�danu wtth aii applicable o�dinancss of ths CitY of St. Paul and statutss of the Stat� of Minnesota, aonstruct ane! ersct said sidawalk snd strs�t lt9ht standards, and �aintain and opsrat� satd hsated sid�vaiks 2, Thst said sid�+alk u�d str�et li�t oop�t�uction snd instailation shait b� �ad� to the sat 1 afact ion of the D�psrtn�ent of rub 1 i c �lorks, t n ac.o��dance Ntth the pl�s and spacifications approved by and on file in the D�psrtes�t of rubll� Ulorks, aia�d snd identifi�d as Public Works Proj�ct No. E-1153. and in strtct cowpliancs N�th th� City of St. Paul Etectricai Cod�, aathorTzsd unds� a buildln9 psn�it isswd by the Departwe�t of Par{cs, �ecroation snd Public Buildings; 3. That said strost light standards shsll be constructed unda� the insp�ctioa �d to the satisfactio� of the Liyhting Bure�u, whlch, upon its acceptancs snd spproval sftsr a finai inspection� shali the�eafter opsrate and �rsintain said ltght stsndards; COUNCILMEN Adopted by the Council 19_ Yeaa Nays utl Hunt Appro� �8_ C on Konopatzki �• Levine Meredith Tn Favor �� Sprafka Sprafka Tedesco ��j ��r Tedesco Mme. Presiden ,f��r-�t . Preaident, McC �e o��,�,n,�.�,N,� /��/ C 259 ^ '��. �4-�� W 1 1 OI" �. PAUL ..�uNa� �O - � ��'1 . ' 4FFICE OF THE CITY CLERK : � COUNCIL RESOLUTION-GENERAL FORM CO�M�WiER �A*� -3- 14. That said perwittee �xpresslr a��ss and unal�rtak�s to fully inde�nify. hold han�l�ss and dafsnd the Ctty of St. Paul . its a9ents. ofticsrs and �aployees from aa�y and all da�ages� claims, losses, Jud�ents, suits or expensas arising out of or occaslon�d b�r the perfon�ance of the work contexnpiated by this par- �atsslon �d �thority; 15. That said permittee shall not proexed with construction unless and untit sstd psrmtttee shall have fu11y complied with the provisions ra�a�ding tnsuranos and indemnificatton contalned in the Ctty of St. i'sul . Depart�nent of Public Wbrks "Specific�ttons for Str�t and S�v�r Constructton," dated April 1 � 1954. Paragraphs A,C,D,E,F,K,L,M,N,O and P of S�ctton �ared 1.�1�1 of :a1d specifi utioe�s as arasnd�d� applicabis to contractors. For the purposs of this resolution, tha aforesaid paragr�hs of Seation 1.44 of ssid sp�cifi uttons, shali be nad as though the wo�d "pen�itts�" was substituted for the �rd "cont�sctor," wherever the sa�s appears in tha aforosaid para9raphs of Section 1.4y. Satd pa�sgraphs of Ssction 1.44 of the "Spscifications for Strost and Sewer Constructio�" of the Ctty of St. Paul ts hsreby inocrporsted hsrein by nf�r� as fully and as co�platsiy as if set forth herein verbatim. Proof of towpltar+c� with provisio�s of the afbressld saction shall be tn such �or�n ss the C�ty Attor�r of ths City of St. Paul �nay dir�ct a�d the docun�nts nquirsd by the afonsaid Sactton 1.4� sh�ll , after suba�ission to the Ctty Atto�y. bs filed in tha D�partment of Fin�ce of the City of St. Paut ; 16. That said pernittt�e shall subniit the requtred bond snd insurance d�cun�nts to the Otfics Enginaar of the D�part�ent of Public Works; 17. That ssid psn�ittea shsil , within the period of fiftaen (i5j days next after tha eff�etiws dats of this rosolutioA, fite witfi the City Cierk tts Mrittan acc�ptana of th� ter�s. provisions snd coaditions of this resolution snd tts agreMSnt to b� bo�nd by sald term�t, pravtsions and conditions thereof, without limltatlon. which w�itten instrunent of i�ctaptanc� and agreanent shall bs in a forai approwd by ths C i ty Attorney. � �Y � . Cp�Cg�N Adopted by the Co�mc� 19— Yeas Naya .�e OCT 181972 C on APP�°� 19_ Hunt v' Konopatzki Tr Favor e� Levine M?redith n M�►or "�p�a Sb!'8fka '✓ p� Tedesco T=�desco -m �at . PreBident, MC Mme. Pr�sident, Butfer �� october �6, 1972 Northern Federa:l. Savi.ngs & Lo�n Assxiation 39S Wabasha Str�et Saint Paul, Minnesota 55102 D�ax S�.r: We enclsse a copy of Counail File No. 259$�6 granting you permi�sion ta inatall electrical heeting un�ta Por gnoar melting purposea and so gorth; alsa a bill 3n the aum of �35•55 �o cover the coat of publication ot' this rasol.ution. We call your apecisl attentian to P�aragrrei„ph lI which requires the filing of a bond in th� amount specified eusd Paragra�h I7 which requixree the filing of your written ecc�ptance oP the terma, provisiona e�nd cnnditivn� of thia resolution within 15 de►ye af"te� Octob�r 1.�4� 1972 3tt thi� ottiCe� Rt�o�m 3f36' C1ty Hall. If not so filed, the reaolution b�com�� void. Very truly your�, City Clerk �� Enes. �•-� a�.t�a�1�1 ��f ': ��. 4. That satd ��rmt tt��e: s��al l ��.�y tiAe c>�sts f<�� the publ ication of this rasolutic�» anc ti-�� ut�llcatiarti of atl �utur� r�solutioras rel�tecl he rs ta; �;. That ��ic] permite�e shall pay the D�p�rtmenC nf �ubl �c Works' cas�ts of ad�ini�tration, sngin�ering, an�� i�ts��ctir�� of r:��i�i �,��rl:,, �ancf ,�Td cests �hal l b� �c,cauntcd fo� under sat-i �'raJect �.car �°°� 1�;; 6. 'fh�t s�id pera�i ttee sha11 �roperly protect al l �xcavatic�n� macle in the sCr�ets , sE��w�t�a arac� l�c�crl�:vards hoth day ancS night st� a�� t+� �vo�c� ali damag�. ar injury tc� p�rs�n� ar property; 7. i't��t said p�ra�,i tt�+�, �f�er the inceptton of s�id worSc, sha�t l prosecut� sald ��;r�r�� on�t+�ur�usly� with diligence, and fully c��plet� �aid r,rvrk to ttic s�t 6 s fmct i en a�nd approv�al af th� �epartmant of Puat t c Works b� no later thsn Dacember 31 , 1g72; 8. 'fha� �aid pr.rmittee shall not c:c�nunance c�nstructia� Uf this �raJecr s.+r�til a sidewalk p�rmit is obtatned from the local Improvement �1vislor of the D�pa<°�r�me��t �f F`«t�l i c iJorks� �, Tt►at s�id permittee shall , durfny th� term of this permit , restQr�: �nc� r�.p�ir �1i prop�crty, wh�ther public ar prtvat�� da�na�cd o� whicti may h� danraged dua tc+ th� cc,n�t ruct i on c�f tt�1 s Pro,�ect; 10. �°ha�t s��i �ermi ttNe shal i , at no cost to th� Ci ty, repa!r any dama�e �o the electrical h�ating unit whieh may occur durinc�; ttte normat eaurse of Ctty str�et matnt�r��irac�e ars�/or canstructlon; Il . That s�,id �c��:.rmi�t�e st��3l furnish and dellv�;r �c� ti'�s� Git� �f SC. P��.� a surety �+or�d In thti <:am��a,c•�� f T!iirty Tnous�n�! �n1 )ars (53�s�uaa.C�) , �ond3t�oned upon the p�rrai ttc:e �or�plyi n+� wi�h �11 ttte terms an� cun�t�C tc�ns of thi s r�*so1 utia�n and to indemnify, d�f�nc4 �;r��1 s�v� taarml�ss the CtCy of St. �aul ffrr.�r:� �11 lasses , �i sb i 1 i Ly, Ju�gr.��ent� , s�.t1�s , co�.ts, ��rges , dam�yes , c�r �:x�r:.ngew th�t may ar.erue *.o �ers�ns or pr��erty c�r �ts� City �ri�ti�sg c�ut a; or c:c�r,r�ct�u ��ith the cc�E�str�c- C9on, pres�!neey m�intenarre�y re��s�l � �nci r��r�cav�ai of I:F�� 11r�w�� 's �ie�c,,�a�ii;e whi�.Md suret�r bond shall r�rnalr°E 3n forc� ��c� .r..�'f�:ct sc; ton�� as= t�� he�C�;d �i�:ewalk a� aeny part ths�-�of rc��ai n§ an the puhl m c �°1 nht-esf-wa�y nf '�ahash� Str�et nr Slxth �r4PF.�t; _ 02. That said pe�'mi tt�se shral i furr�r�!'� ��tic; a�:��}�rt;�•<::r,t ��f &'�? l e c "ylvr!+s , upor� request, �11 doCUmen�s of record th�t �rc� � ��r� c�� ,4•v r.e�n�_r7ct f�r the construe-� �ic�n af tFois ProJe�t c�r lnciri��nt�1 to its �:r��st��.a�� lt��.li.�<��r��, i�>�;t nat limite.d to, �dd��d�� ard of contract, 5J111 �f contr�ct, "'as t,u� lt°+ ��r�►ns Pnc! traei�gs; 13. That �:hfs �rac�nc.:t � re,�sc-rves the right to arder, by r�solutfon, "3��: rem�val Qf th�* �lc�ctr��.e�F '��t.�r,� u�-:i4:� , c,r �arts thereof, from th� public right-of-waY, p�nc� in th� �rr�n� t�h� Cc�ua��cid �x.�rclses suth rtght. the p�rmltteC ahall , at tts own �xpense, r��or�� sa 3 d heat i n� can i+Ls and res��bre th�: ��t�11 c w��l k ec� � cc�n�i i t i e�r� �'s:nilar to �#��t a�f th� �buxtlnc� walk at time of re�oval , ta the satisf�ctior� �af Lhe ��epartment P:�� 'c�a1'�� 'n�eark.s; . - �s� ��, Saint Paul, Minnesota October 16, 1972 To tY�e Hanorable, the City Council Saint Paul, Minnesota Gentlemen: We, the undersigned, do her�by aceept and agree to abide by all the terms and conditio�� of Council File ao. 259856, adopted by the Cauneil on October 11, 1972. Rorthern �'ederal Savings and Losn Aesociation � ,,,,or� �� , , _...., ,r�:,,/ -, �.. _.� , , , ,r. � �� , � ��.��