HomeMy WebLinkAboutPR 23302: AGREEMENT WITH SPAWGLASS CONSTRUCTION CORP, MOTIVA DOWNTOWN CAMPUS PROJECT P.R. No. 23302
08/03/2023 spv/ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LONG-TERM TEMPORARY STREET CLOSURE AGREEMENT WITH
SPAWGLASS CONSTRUCTION CORPORATION FOR THE CLOSURE
OF VARIOUS PORTIONS OF AUSTIN AVENUE AND 5TH STREET IN
DOWNTOWN PORT ARTHUR FOR THE PURPOSE OF
CONSTRUCTION AND REMODELING OF THE ADAMS, A.E. SCOTT,
AND FEDERAL BUILDINGS FOR THE MOTIVA DOWNTOWN
CAMPUS PROJECT
WHEREAS, the City of Port Arthur owns and operates a system of streets for
public use and benefit, including Austin Avenue and 5TH Street in the downtown vicinity;
and
WHEREAS, pursuant to Resolution 19-344, the City Council authorized a Long-
Term Temporary Street Closure Agreement with SpawGlass Construction Corporation, for
the closure of"5th Street between Austin and Waco Avenue", from May 12, 2020 through
December 31, 2021 for construction staging requirements and public safety concerns
during the construction and remodeling of the Adams and Federal Buildings; and
WHEREAS, pursuant to Resolution 19-453, the City Council authorized another
Long-Term Temporary Street Closure Agreement with SpawGlass for the closure of
"Austin Avenue beginning at the alley behind the Federal Building to the intersection of
5th Street", for the construction/remodeling of the Federal and A.E. Scott Buildings, from
December 9, 2019 through December 31, 2021; and
WHEREAS, pursuant to Resolution 20-149, the City Council authorized an
additional Long-Term Temporary Street Closure Agreement with SpawGlass for the
closure of the "East End of Austin Avenue from 5th Street to the alley behind the Port
Arthur Economic Development Corporation Building", for the purpose of
construction/remodeling of the Adams Buildings; and
WHEREAS, the Motiva Downtown Campus project is set to resume work and in
anticipation, SpawGlass is requesting that the City enter into similar Long-Term
Temporary Street Closure Agreements as previously provided for the purpose of
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construction staging requirements and public safety concerns during the construction and
remodeling of the three buildings; and
WHEREAS, it is deemed appropriate for the City Council to authorize the
temporary street closures to assist with the construction and completion of the project
and to promote economic development in downtown Port Arthur.
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 City Council hereby authorizes the City Manager to enter
into a Long-Term Temporary Street Closure Agreement, in substantially the same form,
attached hereto as Exhibit "A", for a two-year period, with an option to renew for
additional one-year periods.
Section 3. That in recognition of the City's effort to promote the redevelopment
of downtown Port Arthur, the City Council hereby authorizes the City Manager to waive
the following fair market value of public road fees for the closing of the streets:
1) $1,754.76/annually for the closure of"5th Street between Austin and Waco
Avenue";
2) $1,080.00/annually for the closure of"Austin Avenue beginning at the alley
behind the Federal Building to the intersection of 5th Street"; and
3) $200.88/annually for the closure of"East End or East 1/2 of Austin Avenue
from 5th Street to the alley behind the Port Arthur Economic Development
Corporation (PAEDC) Building".
Section 4. That the additional closure of the "West End or West 1/2 of Austin
Avenue from 5th Street to the alley behind the PAEDC Building" will be contingent upon
the City's Health Department relocating to the new facility located at 5860 9th Avenue.
Section 5. 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 ,
2023, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote. AYES:
Mayor: ,
1
Councilmembers: ,
NOES:
Thurman "Bill" Bartle,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
;kch_zotay
Valecia R izeno,
City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton,
City Manager
I belts,
Public rks Dire
EXHIBIT "A"
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 Austin Avenue and 5th Street in downtown vicinity; and
WHEREAS, the Company has requested the temporary closure of various
portions of 5th Street and Austin Avenue (See attached Map) for the purpose of
construction/remodeling of the Adams, A.E. Scott, and Federal Buildings, from
September 15, 2023 through September 30, 2025 as described in the attached
"Exhibit A"; and
WHEREAS, the construction/remodeling of the A.E. Scott, Adams and Federal
Buildings is located within the City's incorporated area; and
WHEREAS, in recognition of the City's effort to promote the redevelopment of
downtown Port Arthur, the City Council hereby authorizes the City Manager to waive the
following fair market value of public road fees for the closing of the streets:
1) $1,754.76/annually for the closure of"5th Street between Austin and Waco
Avenue";
2) $1,080.00/annually for the closure of"Austin Avenue beginning at the alley
behind the Federal Building to the intersection of 5th Street"; and
3) $200.88/annually for the closure of "East End or East 1/2 of Austin Avenue
from 5th Street to the alley behind the Port Arthur Economic Development
Corporation (PAEDC) Building".
4
WHEREAS, the additional closure of the "West End or West 1/2 of Austin Avenue
from 5th Street to the alley behind the PAEDC Building" will be contingent upon the City's
Health Department relocating to the new facility located at 5860 9th Avenue; and
WHEREAS, on the day of , the Port Arthur City Council
passed a Resolution , authorizing the City to enter into this agreement with the
Company; and
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
Article 1. CONTRACT PERIOD
This agreement shall cover the herein defined, street period closure time period from
September 15, 2023 through September 30, 2025, unless terminated or modified
as hereinafter provided, with the option to renew for additional one-year periods.
Article 2. EVENT DESCRIPTION
During the construction period, "5th Street between Austin and Waco"; "Austin Avenue
beginning at the alley behind the Federal Building to the intersection of 5th Street"; and
"East End of Austin Avenue from 5th Street to the alley behind the Port Arthur Economic
Development Corporation (PAEDC) Building" (See attached Map), public streets owned
by the City of Port Arthur, will be closed for public use, to enable staging of
construction equipment and public safety concerns.
The additional closure of the "West End or West '/2 of Austin Avenue from 5th Street to the
alley behind the PAEDC Building" will be contingent upon the City's Health Department
relocating to the new facility located at 5860 9th Avenue.
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.
Page 2
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, 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.
Page 3
Article 7. INSURANCE
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.
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: Josh Baker Attn: Ron Burton
Regional Operations Manager City Manager
350 Pine Street 444 4th Street
Suite 310 Port Arthur, Texas 77641
Beaumont, Texas 77701
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.
Page 4
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.
CITY OF PORT ARTHUR SPAWGLASS CONSTRUCTION CORP
Executed on behalf of City by: Executed on Behalf of Company by:
By: By:
Ronald Burton,
City Manager Print Name:
Title:
Page 5
EXHIBIT "A"
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