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Home My WebLink AboutPR 21010: TEMP STREEET CLOSURE AGREEMENT WITH SPAWGLASS CONSTRUCTION P.R. No. 21010 08/09/2019 spy RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A LONG- TERM TEMPORARY STREET CLOSURE AGREEMENT WITH SPAWGLASS CONSTRUCTION CORPORATION FOR THE CONSTRUCTION AND REMODELING OF THE FEDERAL AND ADAMS BUILDINGS, FROM MAY 15, 2019 THROUGH DECEMBER 31, 2021 WHEREAS, the City owns and operates a system of streets for public use and benefit, including 5th Street; and WHEREAS, Spawglass Construction Corporation (Company) has requested the long-term temporary closure of 5th Street Between Austin and Waco (See attached Map) for the purpose of Construction/Remodeling of Federal and Adams Buildings, from May 15, 2019 through December 31, 2021 as described in the attached "Exhibit A"; and WHEREAS, the Construction/Remodeling of the Federal and Adams Buildings is located within the City's incorporated area; and WHEREAS, the Company, in recognition of the private benefit received from the long term closing of the public road for their Construction staging requirements, and public safety concerns, agrees to compensate the City with the fair market lease value of the public road in the amount of$4,606.25, according to the Long-Term Temporary Street Closure Agreement attached herein as Exhibit "B"; and NOW THEREFORE, BE IT RESOLVED BY THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the Interim City Manager is authorized and directed to enter into the Long-Term Temporary Street Closure Agreement for the closure of 5t" Street between Austin and Waco, in substantially the same form as attached as Exhibit "B". Section 3. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of August, 2019, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote. AYES: Mayor: Councilmembers: NOES: Thurman "Bill" Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Valecia R Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, Interim City Manager EXHIBIT "A" CITY OF PORT ARTHUR TEMPORARY STREET CLOSURE Date of Event 05 /15 /2019 Start Time 7:00 CORM End Time 5:00 AMED Permit Applicant SpawGlass Construction Corp Phone 832-473-0653 on 12/31/2021 What type of event? Construction/Remodeling of Federal &Adams Buildings Contact Person of Event Jerry Vandervoort- 832-473-0653,jerry.vandervoort@spawglass.com Organization of Sponsor Address 350 Pine St Suite 310, Beaumont,TX 77701 Phone 409-681-4547 Will food be served or sold? NO ***IF FOOD WILL BE SOLD OR SERVED THE HEALTH DEPT.WILL HAVE TO BE NOTIFIED*** STREETS TO BE CLOSED: 5th Street Between Austin &Waco (See attached Map) LIST ALL CROSS STREETS' The purpose of this request is to create a safe zone for the public near the project. The building renovations will consist of major interior and exterior restorations and there will be construction equipment, scaffolding, etc. in the area. Closing this Austin &Waco section of 5th Street is necessary to maintain a safe separation between construction activities and Port Arthur Health Clinic employees/customers as well as other pedestrian and vehicular traffic in the area. Applicant shall provide the name, signatures and phone numbers of all homeowners or property renters who reside on the above named streets as required by the City of Port Arthur,in addition to the signed permission of the City Departments listed below. In the event the City receives complaints from the homeowners or property renters in the area,the City can order the event stopped and the street cleared immediately. Understand that upon approval of this permit,the City cannot guarantee safety from traffic and other hazards for the participants within the barricaded area. I understand that his permit is automatically rejected if any resident in the purposed block is in opposition to the street closure. NOTE: Director of Code Compliance reserves the right to contact residents listed in the proposed street area. THE BACK OF THIS APPLICATION MAY BE USED TO LIST RESIDENTS NAMES AND PHONE NUMBERS FOR THE PROPOSED AREA ZI 5/3/2019 APPL ANT NATURE THE POLICE DEPARTMENT MUST BE NOTIFIED OF ANY CHANGES MADE IN THE ABOVE SCHEDULE POLICE DEPARTMENT USE ONLY Suggestions: Approved: Date: FIRE DEPARTMENT USE ONLY Suggestions: Approved: Date: PUBLIC WORKS/ELECTRICAL DEPARTMENT USE ONLY Suggestions: Approved: Date: HEALTH DEPARTMENT USE ONLY Suggestions: Approved: Date: THIS SERVES AS YOUR TEMPORARY PERMIT WITH THE SIGNATURE OF THE DIRECTOR OF CODE COMPLIANCE Date Approved: Director of Code Compliance: Original For File Cc: Police Department Fire Department Public Works/Electrical Department • /' 1 Z� - . /A ,r • QI. f - ..vim _ , '✓'� _'ie, L .4, d . = U ►: ° � CO ;.. , II �; EXHIBIT "B" TEMPORARY STREET CLOSURE AGREEMENT THIS AGREEMENT is made by and between the City of Port Arthur, a Home-Rule Municipality in the State of Texas, hereinafter called the "City," and SpawGlass Construction Corporation, a private corporation, hereinafter called the "Company." WITNESSETH WHEREAS, the City owns and operates a system of streets for public use and benefit, including 5tb Street; and WHEREAS, the Company has requested the temporary closure of 5th Street between Austin and Waco (See attached Map) for the purpose of Construction/Remodeling of the Federal and Adams Buildings, from May 15, 2019 through December 31, 2021 as described in the attached "Exhibit A"; and WHEREAS, the Construction/Remodeling of the Federal and Adams Buildings is located within the City's incorporated area; and WHEREAS, the Company, in recognition of the private benefit received from the long term closing of a public road for their Construction staging requirements, and public safety concerns, agrees to compensate the City with the fair market lease value of the public road in the amount of$4,606.25; and WHEREAS, on the 14th day of August 2019, the Port Arthur City Council passed a resolution, attached hereto and identified as "Exhibit B," authorizing the City to enter into this agreement with the Company; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Page 1 of 6 TEMPORARY STREET CLOSURE AGREEMENT Article 1. CONTRACT PERIOD This agreement shall cover the herein defined, street period closure time period from May 15, 2019 through December 31, 2021. unless terminated or modified as hereinafter provided. Article 2. EVENT DESCRIPTION During the construction period, estimated to be from May 15, 2019 through December 31, 2021, 5th Street between Austin and Waco (See attached Map), a public street owned by the City of Port Arthur, will be closed for public use, to enable staging of construction equipment and public safety concerns. Article 3. OPERATIONS A. The Company, shall assume all costs for the operations associated with providing protective barriers and barricades and temporary signing, which must be approved by the City Public Works Director. B. The Company shall submit to the City for review and approval, the traffic control and signing plans, traffic enforcement plans, and all other plans deemed necessary by the City. The traffic control plan shall be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. All temporary traffic control devices used on City streets must be included in the State's Compliant Work Zone Traffic Control Devices List. The City reserves the right to inspect the implementation of the traffic control plan and if it is found to be inadequate, the Company will bring the traffic control into compliance upon written notice from the City noting the required changes. The City may request changes to the traffic control plan in order to ensure public safety due to changing or unforeseen circumstances regarding the closure. C. The City will ensure that the appropriate law enforcement agency has reviewed the traffic control for the closures and that the agency has deemed them to be adequate. If the law enforcement agency is unsure as to the adequacy of the traffic control, it will contact the Company for consultation. D. The Company will complete all revisions to the traffic control plan as requested by the City within the required timeframe or that the agreement will be terminated upon written notice from the City to the Company. The Company hereby agrees that any failure to cooperate with the City may constitute reckless endangerment of the public and failing to follow the traffic control plan or City instructions may result in a denial of future use of the right of way. E. The Company will assume all costs to remove all barriers and barricades upon completion of the construction period and the street will be reopened for public use and access. F. The Company hereby assures the City that there will be appropriate passage allowance for emergency vehicle travel during construction and closure of the street. G. The Company will avoid or minimize damage, and will, at its own expense, restore or repair damage occurring outside the City's street and restore or repair the City's street, including, but not limited to, roadway and drainage structures, signs, overhead signs, pavement markings. Page 2 of 6 traffic signals, power poles and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural and cultural environment in accordance with federal and state law, including landscape and historical features. Article 4. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. (3) By satisfactory completion of all services and obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations, and liabilities of the City and Company under this agreement. If the potential termination of this agreement is due to the failure of the Company to fulfill its contractual obligations as set forth herein, the City will notify the Company that possible breach of contract has occurred. The Company must remedy the breach as outlined by the City within ten (10) days from receipt of the City's notification. In the event the Company does not remedy the breach to the satisfaction of the City, the Company shall be liable to the City for the costs of remedying the breach and any additional costs occasioned by the City. Article 5. DISPUTES Should disputes arise as to the parties' responsibilities or additional work under this agreement, the State's decision shall be final and binding. Article 6. RESPONSIBILITIES OF THE PARTIES The City and the Company agree that neither party is an agent, servant, employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 7. INSURANCE A. In the event the Company is a self-insured entity, the Company shall provide the City proof of its self-insurance. The Company agrees to pay any and all claims and damages that may occur during the period of this closing of the street in accordance with the terms of this agreement. Article 8. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the Company and the City. Article 9. COMPLIANCE WITH LAWS The Company shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the City to protect the natural environment and cultural resources of the City's street. Page 3 of 6 Article 10. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 11. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Company: City: SpawGlass Construction Corporation City of Port Arthur Attn: Jerry Vandervoort Attn: Ron Burton 350 Pine Street Interim City Manager Suite 310 444 4'h Street Beaumont, Texas 77701 Port Arthur, Texas 77641 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 12. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF PORT ARTHUR SPAWGLASS CONSTRUCTION CORP Executed on behalf of City by: Executed on Behalf of Company by: Ron Burton Representative Interim City Manager SpawGlass Construction Corporation Print Name: Title: Page 4 of 6 EXHIBIT "A" Page 5 of 6 EXHIBIT "B" Page 6 of 6