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263251 i HI7E —CITY CLERK COU11C11 -J��JJ ! � INK a�— fINANCE ! A�f"ARY -=��EPARTMENT GITY OF SAINT PAITL File NO. M ���f� � L�"IE � —RiAYOR ! , � � OI��GZIZG�IZCP. Ordinance N O. I'�7�� IPresented By � . Referred To Committee: Date � � Out of Committee By Date I I ' AN ORDINANCE MAKING PROVISION THEREFOR .AND GRANTING UNTA THE BETHESDA � LUTHERAN MEDICAL CENTER, 559 CAPITOL BOULEVARD, SAINT PAUL, MINNESOTA, I 55101 , AND ITS SUCCESSORS OR ASSIGNS, PERMISSION TO CONSTRUCT, MAIN- I TAIN AND OP,ERATE AN UNDERGROUND UTILITIf'AND PEDESTRIAN TUNNEL ACROSS � COMO AVENUE BETWEEN PARK STREET AND CAPITOL'' �OULEVARD, PUBLtC STREETS i WITHIN THE CORPORATE LIMITS OF THE CITY OP SAINT PAUL. i � THE COUNCIL OF TH€ CiTY OF SAINT PAUL DQf'S ORDAIN: : Section l . �; That permission and authority are hereby granted unto Bet�hesda Lutheran Medical Center, 559 Capitol Boulevacd, Saint Paul , Minnesota, 5�`101 , and its successors or assigns, to construct; maintain and operate an underground utility I and pedestrian tunnel across Como Av�n�e between Park Street and Capitol Boule- vard,, public streets" witfiin the corpor�t,� limits of the City of Saint Paul . Sectiox� 2. That the Director of Public Works is hereby authorized to issue the neces- sary permits to said permittee, the B�thesda Lutheran Medical Center, for the construction, maintenance, and operat�fon of said tunnel according to the plans and specifications approved by and on file with the Department of Public Works, upon said permittee's compliance with the fotlowing conditions : a. That said permittee and/or its successors in interest shall forthwith ' furnish and deliver unto the City of Saint Paul , a Surety Bond in the amount of Fifty Thousand Dollars ($50,000.00) for said tunnel , made and executed by said permittee and/or its successors in interest as Principal , and a Corporate Surety Company duly authorized to trans- act business in the State of Minnesota as Surety, to and in favor of COUIVCILMEN Requested by Department of: Yeas Nays �# But ler Public Works Konopatzki In Favor Levine . Meredith Against BY �� �Htat Roedler Dan i el J. D for , D i re tor MJE) Tedesco . Mme.President�$j��1�( Hunt Form Approved by Cit Attorney dktAdopted by Council: Date Certified Passed by Council Secretary BY , By Approved by Mayor: Date Approved by Mayor for Submission o Council By BY �,_ . � � v . - - � 26��5_1 -2_ d� �ix . �554� ' the City of Saint Paul as obligee, so conditioned that, upon the per- mittee and/or its successors in interest failure to maintain or repair the tunnel to a reasonable standard of safety, the City of Saint Paul may undertake the maintenance, repair or removal thereof and may re- cover its reasonable cost incurred thereby from said surety, which Surety Qond shall remain in force and effect as long as said tunnel or any part thereof remains in that portion of Como Avenue as shown on plans on file with the Department of Public Works. 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 Finance and "1anagement Services; ' b. 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 tong as said tunnel or any portion thereof is main,tained and located on the public right-of-way of Como Avenue. This liability insurance shall fully indemnify, hold harmless , and defend the City of St. Paul , its agents, officers and employees from any and all dam- ages, claims , losses , judgments, suits or expenses on account of all claims of whatever nature arising out of or connected with the mainte- nance, operation and/or removai of said tunnel . The liability insurance shall be issued by an insurance company li- � censed to do business in the State of Minnesota and the premium and Iall expenses incidental thereto shall be paid promptly by the permit- tee initially and upon renewal . A certificate of this insurance pot- icy shall be submitted to the �ffice Fnqineer, Department of Public }� t�!orks , and must be of a form acceptable to the City Attorney. Before ' any expiration, said permittee shall deposit with the City of St . Paul a new certificate to replace any expiring insurance. The perMittee and the City shall be named as jointly insured with limits of liabil- ity indicated as follows : Bodily inJury insurance (including death) in an amount of not less than $250,000.00 for all damages arisinq out of bodily in- juries to or death of one person, and, subject to the same limit for each person, in a total amount of not less than $5on,�0o.00 on account of any one accident. Property damage insurance in an amount of not less than S250,000.00 for all damages to or destruc- tion of property in any one accident, and subject to that limit per accident, further subject to a total of not less than $500,000.00 for all damages to or destruction of property during the policy period. The insurance coverage shall automatically be restored immedi- ately after the occurance of any accident or loss from which liability may thereafter accrue and the City of St . Paul shall be notified at least 30 days in advance of the cancellation of the insurance coverage by the issuing insurance company; c. That said permittee and/or its successors in interest shall , at its own cost and expense and in accordance with all applicable ordinances � ` � • � � ��J�U�. I � � . • _3_ /1� 1'u l53'��✓ ; of the City of Saint Paul , Statutes of the State of Plinnesota and reg- ! ulations of public authority having cognizance, construct, maintain, and operate said underground tunnet ; ; d. That said permittee and/or its successor in interest shall construct said underground tunnel entirely at its own expense and to the satis- faction of the Director of Public Works and in accordance with the ap- proved plans and specifications on file in the Department of Public Works. Such construction shall be made in strict compliance with the American Association of State Hi hwa Official A A.S H 0 S ecifications as I g y s ( . . . .) P , amended; � e. That said permittee shall pay the costs for the publication of this , ordinance and atl related resolutions and ordinances; f. That said ermittee shall a the costs of administration en ineerin P P Y � 9 9� j and inspection incurred by the Department of Public Works because of ; this undertaking, said costs are estimated as a sum of Six Hundred Dol- � lars ($6(�0.0�) and shall be accounted for under Department of Public Works Project No. E-1173; g. That said permittee shall furnish the Department of Public Works all documents of record that are a part of the contract or incidental to its execution including, but not limited to, addendums, award of con- tract, sum of contract, "as built" plans, tracings and tracings of shop drawings; h. That said permittee shall coordinate all work involving existing util- ity installations, public or private, with the affected utility com- panies or agencies; i . That construction within the right-of-way of said public street must be performed by a Contractor approved by the Construction Engineer of the Department of Public Works; j . 7hat 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 property, shall properly fill and tamp said street, sidewalks, and boulevards to avoid set- tling, and shall restore said street, sidewalks and boulevards to their original condition, as per Section 19 of the Specifications for Street and Sewer Construction, Department of Public Works, City of Saint Paul , Minnesota, dated April 1 , 1959, under the supervision and to the satisfaction of the Construction Engineer of the Depart- ment of Publ ic lJorks; k. That said permittee further and expressly agrees and shall undertake to fully indemnify and save harmless the City of Saint Paul from any and all liability, suits or demands, including the legal defense cost thereof, for bodily injuries (including death) or property damages, arising out of the continued existence maintenance and/or future re- moval of said tunnel ; i ` .� �� � � 2s����_ . _ ' -a- o�x� �s�5 ! l . That said permittee shall notify the Traffic Bureau of the Department of Public Works if the construction or maintenance of said tunnel shall make necessary the closing of Como Avenue or any part thereof; all expenses incurred by the Traffic Bureau in furnishing, installing, i or removing barricades, signs, and other traffic control devices shall be paid by the permittee; i m. That said permittee expressly aqrees to comply with Chapter 216 of ; the Saint Paul Legislative Code, as amended, pertaining to street ob- ' structions; n. That said permittee and/or its successors in interest shall complete ' the construction of said underground tunnel , including backfill and ' resurfacing in the roadway area by not later than 60 days after com- mencement of construction on City dedicated right-of-way; ! o. That said permittee shall notify the Construction Engineer of the ' , Department of Public Works before and when construction starts and notify the same said Construction Engineer when construction has been completed to allow for a final inspection; p. That said underground tunnel shall be removed by and at the sole cost and expense of said permittee and/or its successors in interest when- ever the Council of the City of Saint Paul shall by Resolution deter- mine such removal necessary in the public interest and accordingly order the removal of said structure from said location; ' i q. That said permittee shall , within the period of 20 days next after the publication of this ordinance, file with the City Clerk its writ- ten acceptance of this ordinance and agreement to be bound by all the provisions, terms and conditions thereof without limitation which written instruments of acceptance and agreement shall be in the form approved by the City Attorney; r. That said permittee and/or its successors in interest shall submit proposed plans and specifications to the Department of Publie Works for review and approval of any intended structural repairs or major maintenance work on the tunnel , before any such work may be carried out. Upon completion of such structural repairs approved by the Department of Public 4lorks, permanent , reproducible tracinqs 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; s. That said permittee shall submit the necessary bond and insurance doc- uments to the Office Engineer 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 bond and insurance are sufficient, said documents shall be filed with the Director of Finance and Management Services of the City of Saint Paul ; IWH'I7E � EITV CLERK RINtC — FINANCE COUI1C11 263251. I BLI�ERY -��nEPAOR�TMENT GITY OF SAINT PALIL I � - , File N 0. . ! � Ordin�nce OrdinanceNO. �S.`��� _ � Presented By ' Referred To Committee: Date Out of Committee By Date i , -5- � t. That said permittee shall , during the term of this permit, restore and repair all property, whether public or private, damaged or which ' may be damaged due to the construction, operation, maintenance and � removal or presence of said tunnel provided for herein; Section 3. That this ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. i � � COUNCILMEN Requested by Department of: Yeas Nays �X Butler rp Public Works Konopatzki In Favor � Levine � Meredith Against BY �Roedler Daniel , ford, Dire tor ,�\� (MJE) IdktMme.Presi tden �yE� Hunt `�� Adopted by Council: Date APR 3 1974 Form Approved City ttorney Certified e by Council S fecretary BY By — � , Approv by Mayor: Date Approved ay r u is ' C nc gy By PUBUSNED �PR' 6 1y74 � FORM OF LETTER The Honorable City Council City of St. Paul '' St. Paul, Minnesota Ladies and Gentlemen: Bethesda Lutheran Medical Center, 559 Capitol Boulevard, St. , Paul, Minnesota, a Minnesota non-profit corporation, hereby and herewith ,i accepts Ordinance No. 263251 granting to it permission to construct, maintain and operate an underground utility and pedestrian tunnel across Como Avenue between Park Street and Capitol Boulevard and agrees hereby to be bound by all of the provisions, terms and conditions thereof without limitation, all as required by and in accordance with Section 2, q of said ordinance. BETHESDA LUTHERAN MEDICAL CENTER � � L��J G��� 1 � (.'/ ��_. By ,�� b��' -1 Gustav A. Larson, President l:x � � �� � . • � �- < ; � April 9, 1974 Bethesda Lutherr�n Medical Center . 559 Capitol Boulevard • St. Faul, Minnesota 55101 Gentlemen: i We enclose a copy oE Ordinance No. 15595, and Council File No. 263272, g�anting you permisaion to construct, maintain and operate an underground utility and pedeatrian tunnel across Como Avenue between Park Street and Capitol Boulevard, public streets withi� the corporate limits of the City of Saint Paul; also bill in the euun of $110.16 to cover the cost of publication of the ordinance and resolution. , � We call your special attention to Paragraph a, Section 2, which requires the filing of a bond in the amount specit'ied. Yours very truly, ' City Clerk • m,�f Enc. • � . , � �� r �', � �� � Saint Paul, Minnesota April 4, 197�+ To the Honorable, the City Council Saint Paul, Minnesota I,a,dies and Gentlemen: We, the undersigned, do hereby accept and a�ree to abide by a11 the terms and cond3tions of Council File Nc>. 263251, being Ordinance No. 15595, �opted by the Couneil on April 3, 1974. �. ;,,�- ��. � _. � . �I r`� �+.:�.; ' . _ i �i� � I e° 1r,;:�.dp er�- r � �l� i �lst , ��/� � � 2nd �� 3fZ( ., � 3rd _3,Z� � Adopted ��� ----r- i ; Yeas �" -�,, j Nay�s BUTLER KONOPATZKI �� 263�5�. MEREDITH � . ROEDLER ���— PRESIDENT (HUNT) � _.