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HomeMy WebLinkAboutPR 24177: AUTHORIZING A SPECIAL ROAD USE AND INDEMNITY AGREEMENT WITH DUPHIL 1 ',it A, �/ City of / 1 o r t r t Ir ttr Trecu www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: February 14, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM,City Manager i From: Flozelle Roberts,EIT,MEng,MBA, CPM, Director of Public Works 4 10 RE: P.R.No. 24177—Authorizing a Special Road Use and Indemnity Agreement with Duphil, Inc. Introduction: Staff recommends that the City Council grants a permit to Duphil, Inc. of Orange, Texas, to transport construction equipment to the Enterprise Products entrance gate. Background: Duphil,Inc.of Orange,Texas,is transporting construction equipment to the Enterprise Products entrance gate via Sassine Avenue and Dorsey Street. There are no alternative routes available to transport the equipment to its final destination, and the desired route is not a designated truck route. Duphil, Inc. submitted a road use permit application to the Department of Public Works that satisfies Section 106-8 of the City's Code of Ordinances.The company proposes to transport their equipment between February 26, 2025 and May 15, 2025, pending the City Council's approval. Budget Impact: There is no budgetary impact for granting the permit. Duphil, Inc. will be required to post a surety bond for$370,000.00 to ensure the performance of this agreement. "Remember,we are here to serve the Citizens of Port Arthur" 444 4tb Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Recommendation: It is recommended that the City Council approve P.R. 24177 authorizing the City Manager to enter into a special road use and indemnity agreement and permit with Duphil, Inc. of Orange, Texas. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R.No.24177 02/14/2025 FCR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SPECIAL ROAD USE AND INDEMNITY AGREEMENT AND PERMIT WITH DUPHIL,INC. OF ORANGE, TEXAS WHEREAS,Duphil,Inc.of Orange,Texas,has made application for a permit to use Sassine Avenue and Dorsey Street, roads that are not designated truck routes, for construction equipment delivery to the Enterprise Products entrance gate; and, WHEREAS,Duphil,Inc.'s application to transport its equipment between February 26,2025 and May 15, 2025 has been reviewed by the Public Works Director in accordance with and in satisfaction of Section 106-8 of the Code of Ordinances of the City of Port Arthur. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT,the City Council of the City of Port Arthur hereby authorizes the City Manager to execute a Special Road Use Indemnity Agreement with Duphil,Inc.,in substantially the same format hereto attached as Exhibit A, setting forth the terms, conditions, and limitations for the use of Sassine Avenue and Dorsey Street for construction equipment delivery to the Enterprise Products entrance gate; and, THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. P.R.No.24177 02/14/2025 FCR Page 2 of 3 READ,ADOPTED,AND APPROVED,this day of ,2025 AD, 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, TRMC City Secretary APPROVED AS TO FORM: Roxann Cotroneo,Esq. City Attorney P.R.No.24177 02/14/2025 FCR Page 3 of 3 APPROVED FOR ADMINISTRATION: Ronald Burto PM City Manag r AO i 0 (40, . !......._-2 _ ,4_ ,„... ..„:6d 0" ozell- i. Roberts„, Eng, M r, CPM Direct a s Public ork Timoth uriso Chief o Police P. R. 24177 Exhibit A Permit SPECIAL ROAD USE INDEMNITY AGREEMENT AND PERMIT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF JEFFERSON § The undersigned, hereinafter called Applicant, by and through its duly authorized agent, enters into and makes this agreement with the City of Port Arthur, a municipal corporation existing under the State of Texas, in order to obtain, and as consideration for the issuance of, a permit to use public roads and bridges in Port Arthur, Texas, for vehicles or combinations of vehicles that have gross weight greater than ten thousand (10, 000) pounds, but not to exceed forty-eight thousand (48, 000) pounds or eighteen thousand (18, 000) pounds axle weight . 1 . DEFINITION: Vehicles means any vehicle, tractor, or combination of vehicles, with or without loads, having a gross weight greater than ten thousand ( 10, 000) pounds, but not to exceed forty-eight thousand (48, 000) pounds or eighteen thousand (18, 000) pounds axle weight and includes any such vehicles operated by Applicant or its agents, employees, servants or independent contractors in the course of Applicant' s business . Permit# 2 . Applicant agrees to use its vehicles in strict compliance with the uses, terms, and conditions specified in the permit issued by the City (the "Permit) , and only on those sections of the city roads which are evidenced by and indicated in ink on the attached city map. Both the Permit and the attached map are expressly made a part of this agreement and are incorporated herein by reference for all purposes . It is understood that the provisions of Paragraph Nos . 3 and 4 apply to Applicant' s vehicles operating on all city roads or designated roads whether with or without a Permit . 3 . Pursuant to Section 66-22 of the City of Port Arthur Code of Ordinances, for any load that cannot reasonably be dismantled or divided to meet and will otherwise exceed the maximum load limit of 48, 000 pounds or 18, 000 pounds axle weights on streets other than designated truck routes, Applicant shall notify the Director of Public Works and obtain a special load limit agreement. 4 . It is expressly understood that Applicant and not the City of Port Arthur shall be responsible for any damage of whatever nature including property damage and personal injury that may result from the movement of Applicant' s vehicles over any city road whether described in the Permit or not. Applicant agrees to INDEMNIFY the Pr Permit# City of Port Arthur for any liability so incurred. Applicant hereby agrees to accept all responsibility and liability for damages of whatever nature to the road bed, road surface, bridges, culverts, signs, structures, fences, right of ways, etc. , that may result from the movement of Applicant' s vehicles over the roads described in the Permit or any other city road. Applicant shall report any such damage and where it occurred promptly to the City Engineer or Public Works Director and shall restore the right of way (s) to its/their original condition, free of damage, including ruts or any injury to vegetation. If Applicant shall fail to repair such damages in the manner as above described within five (5) days following receipt of written notice to Applicant at the address shown on this agreement, the City may conduct the necessary repairs to restore the roadway and invoice the Applicant for the same . Applicant shall reimburse the City for the actual cost of repairing any damages and restoring the roadway within 30 days of Applicant' s receipt of the invoice. The failure of the Applicant to either repair and restore the roadway or pay the cost of repairs as above described within thirty (30) days after receipt of the invoice at Applicant' s address as shown on this application, shall be grounds for the City to immediately suspend Applicant' s Permit and immediately file suit for such damages. Permit# 5 . The Applicant agrees to submit a video of the roadway surface, curbs, culverts, ditches of the road or street which the Applicant seeks a Permit and to provide the City Engineer or Public Works Director a copy of the video prior to the issuance of a Permit . Applicant further agrees to maintain a written log of all trucks, trailers or other vehicles that travel on the route for which the Permit is granted. Except during rig mobilization, rig demobilization, emergency, or well integrity operations, Applicant will limit heavy truck ( i . e. , over 10, 000 pounds gross weight) to the hours of 7 am to 7 pm, between February 26, 2025 and May 15, 2025 . 6. Applicant shall ensure that its operations will not interfere with the free and safe flow of traffic. Applicant shall furnish adequate signs, barricades, flares, flagmen, etc. as necessary, to protect the traveling public. Additionally, Applicant must show traffic control adequate to accommodate a passenger vehicle to pass opposite the Applicant' s vehicle. If traffic control cannot be shown to accommodate a commercial truck and a passenger vehicle, then the Applicant must widen the road temporarily during the permitted activity and then return to prior condition of roadway at its own expense. Permit# 7 . Operations under this Agreement and Permit shall be suspended when the director of public works determines that the ground conditions are such that operations would cause extensive rutting in the rights-of-way. In addition, operations will be suspended when ground conditions would cause the tracking of mud, gravel, rock, or debris onto the roadway surface of any right-of-way or other city improvements. Notwithstanding the foregoing, neither the director of public works nor the City of Port Arthur may suspend operations under this Agreement or the Permit if during drilling operations a well safety issue is encountered requiring remedial action. In the event there is such a well safety issue, Applicant agrees to immediately notify a City of Port Arthur Fire Marshal so that appropriate catastrophe planning can be accomplished. In the event that mud, gravel, rock or debris is inadvertently tracked onto roadways in a way that creates a safety hazard or potential for damage to vehicles or other property, the operator shall promptly clean the roadway of all mud, gravel, rock or debris . 8 . Once a Permit has been suspended or if Applicant is operating vehicles on city roads without a Permit, Applicant agrees that Permit# damages are not an adequate remedy at law for the enforcement of City' s rights and that the City of Port Arthur may maintain an action to seek injunctive relief to prohibit Applicant' s vehicles from using any city road without a Permit . It is further agreed that the City of Port Arthur shall be held harmless for any actual, incidental, consequential, or any other damages Applicant might suffer as a result of any action by the City involving any such injunctive relief. Any legal action by the City shall not be considered an election of claims or remedies and the City is free to seek all remedies available at law or by equity to enforce the terms of this agreement or any other legal right available . 9 . Applicant agrees to post a surety in the amount of $370, 000 . 00 to the City of Port Arthur to ensure performance of this agreement . All bonds shall be submitted to the City of Port Arthur City Attorney for approval and no Permit shall be issued if a bond is required until said bond has been approved. 10 . Nothing herein shall effect, or be construed as, a waiver by the City of any right, privilege, or immunity of Port Arthur, a municipal corporation existing under the State of Texas . Permit# Witness our hands, this day of , 2025. Duphil, Inc. APPLICANT NAME Public Works Director, City of Port Arthur APPLICANT SIGNATURE Signature P. 0. 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