HomeMy WebLinkAboutPR 21103: LONG TERM TEMPORARY STREET CLOSURE WITH SPAWGLASS CONSTRUCTION CORP., FOR THE CONSTRUCTION AND REMODELING OF THE FEDERAL AND A.E. SCOTT BUILDINGS interoffice
MEMORANDUM
To: Mayor and City Council /L-A-1
From: Sherry Vital, Assistant City Attorney
Date: October 2 , 2019
Subject: Austin Avenue Long-Term Temporary Street Closure
Agreement
Proposed Resolution No. 21103 concerns the long-term closure
of Austin Avenue beginning at the alley behind the Federal building
to the intersection of 5th Street and for the benefit of SpawGlass
Construction Corporation and public safety.
The Company requested that the City close the aforementioned
street from public access to enable the staging of construction
equipment and for public health and safety reasons .
Due to the long-term nature of the request, from a date to be
determined through December 31, 2021, and to ensure compliance with
the Texas Constitution, Article III §52, a fair market lease value
was calculated for the closure requested by a private entity for
private benefit (i . e . construction equipment staging) .
The fair market lease value of the street was calculated to be
$1, 080 . 00 annually.
The Company has agreed.
P.R. No. 21103
10/02/2019 spv/ht
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 A.E.
SCOTT BUILDINGS, FROM DATE TO BE DETERMINED THROUGH
DECEMBER 31, 2021
WHEREAS, the City owns and operates a system of streets for public use and
benefit, including Austin Avenue; and
WHEREAS, SpawGlass Construction Corporation (Company), has requested the
long-term temporary closure of Austin Avenue beginning at the alley behind the Federal
building to the intersection of 5th Street (See attached Map) for the purpose of
Construction/Remodeling of the Federal and A.E. Scott Buildings, from a date to be
determined through December 31, 2021 as described in the attached "Exhibit A"; and
WHEREAS, the Construction/Remodeling of the Federal and A.E. Scott Buildings
are 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 $1,080.00 annually, 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 Austin Avenue
Austin Avenue beginning at the alley behind the Federal building to the intersection of 5th
Street, 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 October, 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:
4
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Valecia ' izeno, City Y Attorne I
APPROVED FOR ADMINISTRATION:
Ron Burton, Interim City Manager
EXHIBIT "A"
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Adams & Federal Building
Reconstruction Project
CITY OF PORT ARTHUR
TEMPORARY STREET CLOSURE
Date of Event 7 / 10/ 19 Start Time 7:00 GPM End Time 5:00
Permit Applicant SpawGlass Construction Cor P• Phone 832-840-9871 on 2/31/21
What type of event? Construction
Contact Person of Event Shawn Thurman (shawn.thurman@spawglass.com)
Organization of Sponsor_
Address 350 Pine Street, 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: Austin Avenue beginning at the alley behind Federal building
to the intersection of 5th Street - 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
Austin & 5th there will be construction equipment,scaffolding, etc. in the area. Closing this
section of Austin Ave. 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
&eat 4
APPLICANT SIGNATURE
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
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."
WITN ESSETH
WHEREAS, the City owns and operates a system of streets for public use and benefit, including
Austin Avenue beginning at the alley behind the Federal building to the intersection of 5th 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 a date to be determined through December 31, 2021 as
described in the attached "Exhibit A"; and
WHEREAS, the Construction/Remodeling of the Federal and A.E. Scott Buildings are 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$1,080.00; and
WHEREAS, on the day of 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:
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TEMPORARY STREET CLOSURE AGREEMENT
Article 1. CONTRACT PERIOD
This agreement shall cover the herein defined, street period closure time period from a date to
be determined through December 31, 2021, unless terminated or modified as hereinafter
provided.
Article 2. EVENT DESCRIPTION
During the construction period, estimated to be from a date to be determined through
December 31, 2021, Austin Avenue beginning at the alley behind the Federal building to the
intersection of 5th Street (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
Page 2 of 4
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,
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.
H. The Company will coordinate with the City of Port Arthur Public Works Director to enable access
for required infrastructure improvements of drainage, sewer and other utilities during the
construction period.
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,
Page 3 of 4
regulations, ordinances and any conditions or restrictions required by the City to protect the
natural environment and cultural resources of the City's street.
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 4th 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:
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