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Grand Opera House Fire EscapesCITY OF DUBUQUE, IOWA MEMORANDUM April 11, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Grand Opera House - Construction Ordinance for Fire Escapes The Grand Opera House has requested a construction ordinance for two new iron and concrete fire escapes to serve as required exits from the balcony and main theater floor. Public Works Director Mike Koch requests adoption of an ordinance approving the installation of the fire escapes in the public right-of-way. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM April 11, 2001 TO: Michael C. Van Milligen, City Manager FROM: Michael A. Koch, Public Works Director SUBJECT: Grand Opera House - Construction Ordinance for Fire Escapes INTRODUCTION This is a request for a construction ordinance by the Grand Opera House for two new iron and concrete fire escapes that will serve as required exits from the balcony and main theater floor. DISCUSSION Due to its unsafe and poor condition, the previous balcony exit was removed with the approval of Building Safety in the fall of 2000. The new proposed fire escapes would be located in the same location, except that it will be 6" wider than the original fire escape. Additionally, the main theater floor exit would be brought up to the grade of the paved elevation, with drainage tied into the storm sewer lines that exist in the alley. All proper documentation has been submitted, which includes the completed construction ordinance, letter of request, drawings, and certificate of insurance. The plans have been reviewed and approved by Building Safety. RECOMMENDATION The ordinance provides for a revocable permit and further requires the Grand Opera House to assume all liability, defend the City, and hold the City harmless of any claims that may result from the installation of the fire escapes within the City right-of-way. ACTION TO BE TAKEN The City Council is requested to approve the recommendation and to adopt the attached ordinance approving the installation of the fire escapes in the public right-of-way. Prepared by Jane Smith, Engineering Assistant 3April2001 Jefl]cey Morton, Architect 163 Bradley Street Dubuque, Iowa 52003 Tel. (319) 585-0043 Fax (319) 585-0952 Ms. Jane Smith, Engineering Assistant City of Dubuque, Engineering Division 50 West 13t~ Street Dubuque, Iowa 520014864 Grand Opera House 135 West 8t~ Street Dubuque, Iowa Exit Stairs in Public Alley Dear Jane: Enclosed please find a completed Construction Ordinance, Certificate of Insurance and Construction Drawings for proposed new exit sta'n'ways in the North/Sooth Public Alley that runs between 8* and 9e~ Streets and Iowa and Ma'm Streets. On behalf of the Grand Opera House, I am requesting permission to have constructed new iran and concrete stairways that serve as required exits fi.om the Balcony and Main Theater Floor of the Grand Opera House. The purpose of this project is to bring two existing, original exit-ways into complianco with the current Building Code. The balcony exit has been served for many years by a narrow iron and wood stair. This stair was in very poor and unsafe condition. With the approval of the Building Department, it was removed late in the fall of 2000 to accommodate masonry restoration work for the Grand Opera House. It existed in the same location as we are proposing for the new stair. The Main Level Theater Floor exit is currently served by an exterior landing that is approximately one foot below the adjacent paving elevation. There are no steps up to the paving and the lowered landing presents a drainage problem for the Grand Opera House. The enclosed Construction Drawings describe the location, configuration and detail of the proposed iron and concrete exit stairways. Each of these stairways will have protective iron bollards. The landing of the conercte stair will have a drain that will be tied into the storm sewer line that exists in the alley. Please call me ifyou have any questions or need more information relative to this proposed work. Thm~k you for the consideration of this request. Sincerely, Jeffrey Morton, Architect Encl. c. Sue Riedel, Jim Urell ORDINANCE NO. 23-01 AN ORDINANCE AUTHORIZING The Grand Opera HouseTo CONSTRUCT Iron and concrete exit stairs in the public alley between 8th and 9th Streets. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That The Grand Opera House as the owner of the premises known as 135 West 8th Street Dubuque, Iowa, . . ' ..~ and they are hereby granted the revocable permit and authority to construct and maintain :exit Stairways under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expresslY conditioned on permittees' agreement to: Assume any and ail liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said stairways ; and Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attache~l Insura~c_e Schedule;~_and Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said exit stairways sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of exit stairways and to pay reasonable attorney fees therefor; and Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10} days after receipt of written notice from the City Manager, so to do, at their own expense, remove said exit stairways and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said exit stairways at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said exit stairways. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to The Grand 0pera House when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by per, mittees by acceptance endorsed on this Ordinance, and upon publication as provided by law. Section 7. That the City Clerk be ~nd she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Section 8. Iowa One-Call registration is required by State Law and can be accomplished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit documentation to the City Engineering Division of One-Call membership when received. Passed, approved and adopted this 16th day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 23-01 The undersigned having read and being familiar with the terms and conditions of Ordinance No.23-01, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: Susan Riedel Title: Theatre Manager Dated: 4/14/01 Published officially in the Telepgraph Herald newspaper this 23rd day of April, 2001. Jeanne F. Schneider, City Clerk 1t 4/23 CSR i{4 04/03/01 CERTIFICATE OF LIABILITY INSURANCEg op . DATE(MMIDD/YY) PRODUCER Cottingham & Butler, Inc. 300 Security Building Dubuque IA 52001 Phone:319-587-5000 Fax:319-583-7339 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PQLICIES BELOW. INSURERS AFFORDING COVERAGE 4SURED Grand Opera House 135 8th St. Dubuque IA 52001-0000 ~iINSURER A: INSURER B: iNSURER D I INSURER E; St. Paul Fire & 14arine Ins Co COVERAGES THE POLICIES OF iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NO~¥1THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR'~ -- DATE (MM/DD/YY) LTR ~TYPE OF INSURANCE ~POLICY NUMBERDATEPOLICY(MM/DD/yy)EFFECTIVE POL¥CY EXP IR~T ON LIMITS- ' GENERAL LIABILITY ~ACH OCCURRENCE ) $ 1000000 L ~ CLAIMSMADE ~ OCCUR MED EXP(Anyoneperson)I~$ 10000  I PERSONAL&ADVIN~JURY $ 1000000 I GENERAL GENERAL AGGREGATE $ 2000000 GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP~OPAGG ~ 2000000 AUTOMOBILE LIABILITY COMBfNED SINGLE LIMIT ANY AUTO (Ea acddent) ; ~ ALL OWNED AUTOS BODILY iNJURY __ SCHEDULED AUTOS (Per person/ HIRED AUTOS BODILY INJURY ~ NON-OWNED AUTOS ; (Per accident) er accident) GARAGE L,ABILITY I AUTO ONLY - EA ACCIDENT ]; 'ANY AUTO OTHER THAN EA ACC [ I AUTO ONLY: AGG EXCESS LIABILITY ! E~AE~C R OCCURRENCE $$ : WORKERS COMPENSATION AN D ~ I TORY Li~MfTSI EMPLOYERS' LIABILITY ~.L EACH ACOtDENT ! $ -- ~1 EL DISEASE - EAEMPLOYEE $ JEL DISEAS~-POLCYLIMT OTHER / DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The certificate holder is named additional insured on the general liability with respect to the fire escape. CERTIFICATE HOLDER I ¥ ADD T ONAL NSURED; NSURER LETTER ~ CANCELLATION CIDUIA0 City of Dubuque 135 West 8th St Dubuque IA 52001 ACORD 25-S (7/97') SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRR~'EN NOTICE TO THE CERTIFICATE BOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO ORLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Sm~ll Commercial __ GRAND OPERA' HOUSELOBBY ~i.~. t~ Sucet. (~) Main ·Level Plan atExlt. Stairs' ORDINANCE NO. 23-O1 AN ORDINANCE AUTHORIZING The Grand Opera HouseTo CONSTRUCT Iron and concrete exit stairsin the ~ublic alley between 8th and 9th Streets. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That T~e Grand Opera House as the owner of the premises known as 135 West 8th Street Dubuque, Iowa, and legally described as be and they are hereby granted the revocable permit and authority to construct and maintain ~ exit stairways under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said stairways -; and Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said exit stairways sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of exit etaiz~vays and to pay reasonable attorney fees therefor; and Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said exit stairways at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said exit stairways Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to T~e Granc~ Opera House when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Section 8. Iowa One-Call registration is required by State Law and can be accomplished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit documentation to the City Engineering Division of One-Call membership when received. Passed, approved and adopted this 2001. Terrance M. Duggan, Mayor Attest: - Jeanne F. Schneider, City Clerk 16th day of April ACCEPTANCE OF ORDINANCE NO. 23 -O1 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 23 -01, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. /'/ ~ ., CSR R4 I 04/03/01 iAce .z .'4 CERTIFICATE OF LIABILITY INSURANC p.,oP,1 DATS,MM D' Cottingham & Butler, Inc. 300 Securit~Building Dubuque IA 52001 Phone:319-587-5000 Fax:319-583-7339 qSURED Grand .Opera House 135 8th St. Dubuque iA 52001-0000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ;NSUREBA: St. Paul Fire & ~arine Ins Co INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N O~,NiTH STAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANy CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH~S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA~D CLAIMS. POLICY EFFECTIVE POL]CY EXPIRATION PEOE.NBURARCE I PO.DYNUMBER I BATE MM,DD I I DATE M OD I .MITS GENERAL LIABILITY ! [ EACH OCCURRENCE I $ 1000000 ~] COMMERCIALGENERALLIABILITY CK06607200 I 05/01/00 05/01/01 FIREDAMAGE(Anyonefire) $ 50000 A ----I CLA]MSMADE ~ OCCUR ! I MED EXP (Any one person}! $ 10000 I-- I PERSONAL & ADV INJURY ~, $ 1000000 i I ~ GENERAL AGGREGATE $ 2000000 ~,GEN'LAGGREGATELIMITAPPUESPER:II PRODUCTS*COMPIOPAGG S2000000 I POLICY ! I JECT i I LOC J J COMBINED SINGLE LIMIT i BODILY INJURY i $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS Per a~ident) $ PROPERTY DAMAGE ANY AUTO i AuToOTHERoNLy:THAN AGG EXCESS LIABILITY I ~ACH OCCURRENCE $ i I RETENTION $ a [ $ WOR ERB BDMPENBATION AND ITDRY"MITBI- ! I ! i E.L. EACH ACCIDENT I $ ' ' ! E'L' DISEASE - EA EMPLOYEEi $ i OTHER I The certificate holder is named additional insured on the general liability with respect to the fire escape. '1 Y I ADDITIONAL INSURED: INSURER LETTER: A__ CERTIFICATE HOLDER CANCEL~TiON CIDUIA0 City of Dubuque 135 West 8th St Dubuque IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LU~ILITY OF ANY KIND UPON THE INSURER, iTS AGENTS OR REPRESENTATIVES. AGORD 25-S (7/97) CERTIFICATE OF CITY CLERK STATE OF IOWA : C .OUNTY OF DUBUQUE I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 23-01 is a correct copy of the original Ordinance No. 23-01 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 16t~ day of April, 2001. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 18'h day of April, 2001. Jeanne F. Schneider City Clerk City of Dubuque, Iowa own ~ City Cler~ STATE OF IOWA DUBUQUE COUNTY { SE CERTIFICATION OF I T^MMY M. FELDMANN Connnunications, Inc., an Iowa corporation, newspaper of general circulation published Dubuque and State of Iowa; hereby certify th in said newspaper on the following dates , 20 ~/ , and for wt Subscribed to before me, a Notary Public in a: this c~' day of Notary P~ and agree or r death personal inju~ie~ and?oL property, ~lam- age 'agciOSt 'the permittees aP~si~g 6utef or ir~ any way