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HomeMy WebLinkAboutPR 23249: GRANT APPLICAITON, USDOT FOR THE FY 2023 PROTECT GRANT APPLICTION FOR JETTY ROAD 4 j. Orr of art rrhu Texas www.Po rtArth u rTx.gov INTEROFFICE MEMORANDUM Date: July 21, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: John Cannatella, PE—City Engineer RE: PR#23249—Authorizing participation in the Grant Application process from the United States Department of Transportation(USDOT) for the FY 2023 PROTECT Grant Application for Jetty Road Introduction: The intent of this agenda item is to seek the City Council's approval to authorize the City Manager to approve an application for grant funds from the United States Department of Transportation FY 2023 Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Program Grant for the Jetty Road planning, environmental conformance, and design efforts. Background: The City of Port Arthur's Public Works Department has identified funding prospects that will aid in the upgrade and repair of Jetty Road in Sabine Pass to ensure safety for the public and relevant stakeholders. To that end, the USDOT has grant funding available for planning, design, feasibility studies, and infrastructure modifications related to the strengthening and structural resiliency for roadways subject to natural disaster and at-risk coastal infrastructure.Additionally,the program provides funding for tools to help strengthen a city's approach to roadway safety and help meet the needs of diverse communities that are disadvantaged or historically underserved. The Jetty road provides connectivity to US Fish and Wildlife Texas Point Reserve and the Coast Guard radar installation at the end of the Jetty Road in Sabine Pass. The PROTECT grant,as it is known,has$45 Million allotted for fiscal year 2023 available to all applicants that can satisfy the administrative requirements for planning grants. The USDOT share of the awarded grant will cover 100 percent of the total eligible costs for a planning grant and there is no anticipated local matching share for this submission. Budget Impact: There is no budgetary impact to apply for the funding. "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 C:\Users\gthibodeaux\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\Q42H2NU2\Agenda Memo 23249 PROTECT Grant-Final.docx Recommendation: It is recommended that the City Council approve PR#23249 authorizing the City Manager to participate in the grant application process from United States Department of Transportation FY 2023 Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Program Grant. "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 PR 23249 7-21/2023 JCC Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO PARTICIPATE IN THE GRANT APPLICATION PROCESS FOR THE UNITED STATES DEPARTMENT OF TRANSPORTATION (USDOT) FOR FY 2023 PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE, EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) PROGRAM GRANTS FOR JETTY ROAD IN SABINE PASS. THERE IS NO LOCAL MATCH FOR THIS PLANNING GRANT AND NO BUDGETARY IMPACT TO APPLY FOR FUNDING. WHEREAS, the City of Port Arthur is always pursuing funding opportunities that addresses the safety of all roads and infrastructure for its citizens; and, WHEREAS, the City is eligible to apply for grant funds from the United States Department of Transportation (USDOT) FY 2023 Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Program Grants for Jetty Road in Sabine Pass, see Exhibit "A"; and, WHEREAS, the Public Works Engineering Department will prepare an Action Plan for the planning efforts that outlines how grant funds will be utilized for planning, surveying, right-of-way (ROW) determination, environmental compliance, and engineering efforts to justify the implementation of this roadway improvements; and, WHEREAS, the PROTECT planning grant covers 100 percent of the total eligible activity costs and requires no local match; and, WHEREAS, the application for the PROTECT Grant must be submitted by 5:00 pm EST on August 18, 2023; and, WHEREAS, the authorization of the City Manager to participate in the USDOT PROTECT Program Grant is herein deemed an appropriate action; now, therefore, PR 23249 7-21/2023 JCC Page 2 of 4 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 authorize and directs the City Manager to participate in the USDOT Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Program Grants for Jetty Road in Sabine Pass; and, THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this the day of ,A.D.2023 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary PR 23249 7-21/2023 JCC Page 3 of 3 Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: be,ayValecia/Tizeno, Esquire Ronald Burton, CPM City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: Cif ID Kandy K. Dani I Director of Finance -0-9dL 16-esj'e'tjk- Flozelle C. Roberts, EIT, MEng, MBA Director of Public Works ( LM Clifton Williams, CPPB Purchasing Manager PR 23249 7-21/2023 JCC Page 4 of 4 EXHIBIT "A" U.S. DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Funding Opportunity for Fiscal Years 2022 and 2023 Promoting Resilient Operations for Transformative,Efficient,and Cost-Saving Transportation(PROTECT) Program AGENCY: U.S. Department of Transportation (DOT), Federal Highway Administration (FHWA). ACTION: Notice of Funding Opportunity SUMMARY: The purpose of this Notice of Funding Opportunity(NOFO) is to solicit applications for FHWA's Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Discretionary Program Grants and will result in the distribution of up to $848 million. Funds made available for Federal Fiscal Years (FY) 2022 and 2023 for the PROTECT Discretionary Grant Program are to be awarded on a competitive basis to make transportation infrastructure and service more resilient to climate change and extreme weather events under 23 United States Code(U.S.C.) § 176. This notice describes the application requirements, selection and evaluation criteria, applicable program and Federal requirements, and available technical assistance during the grant solicitation period. DATES: Applications must be submitted electronically through grants.gov no later than 11:59 p.m., Eastern Standard Time, on Friday, August 18, 2023 (the"application deadline"). Applicants are encouraged to submit applications in advance of the application deadline; however, applications will not be evaluated, and awards will not be made, until after the application deadline. FHWA plans to conduct outreach regarding PROTECT Discretionary Program Grants in the form of virtual meetings on May 8, 2023 and May 11, 2023, 1 PM Eastern Time. To join the Webinar, follow the instructions posted on https://www.fhwa.dot.gov/environment/protect/discretionary. The Webinars will be recorded and posted on FHWA's PROTECT Discretionary Grant Program Website at https://www.fhwa.dot.gov/env ironment/protect/discretionary. ADDRESSES: Applications must be submitted electronically through grants.gov. Refer to Assistance Listing: 20.205—Highway Planning and Construction. FOR FURTHER INFORMATION CONTACT: Robert Miller Agreement Officer Office of Acquisition and Grants Management Federal Highway Administration U.S.Department of Transportation 1200 New Jersey Ave., SE. Washington, DC 20590 Email: PROTECTdiscretionary@dot.gov(preferred) Phone: (202) 366-9167 Alternate: Robin Hobbs Agreement Officer/Team Leader Office of Acquisition and Grants Management Federal Highway Administration U.S.Department of Transportation 1200 New Jersey Ave., SE. Washington, DC 20590 Email: PROTECTdiscretionary@dot.gov(preferred) Phone: (202) 366-4004 Office hours are from 7:30 a.m. to 4:00 p.m., Eastern Time, Monday through Friday, except Federal holidays. FHWA will not review applications in advance, but FHWA staff are available for technical questions. In addition, FHWA will post answers to questions and requests for clarifications at Grants.gov under this NOFO's page. To ensure applicants receive accurate information about eligibility or the program,the applicant is encouraged to contact FHWA directly at PROTECTdiscretionary@dot.gov, rather than through intermediaries or third parties,with questions. 2 SUPPLEMENTARY INFORMATION: Each section of this notice contains information and instructions relevant to the application process for PROTECT Discretionary Grant Program grants. The applicant should read this notice in its entirety in order to submit all necessary information for complete and competitive applications. Table of Contents SECTION A—PROGRAM DESCRIPTION 4 SECTION B—FEDERAL AWARD INFORMATION 9 SECTION C—ELIGIBILITY INFORMATION 11 SECTION D—APPLICATION AND SUBMISSION INFORMATION 24 SECTION E—APPLICATION REVIEW INFORMATION 34 SECTION F—FEDERAL AWARD ADMINISTRATION INFORMATION 52 SECTION G—FEDERAL AWARDING AGENCY CONTACTS 57 SECTION H—OTHER INFORMATION 58 NOTE: FHWA uses www.grants.gov for receipt of all applications. Applicants must register and use the system to submit applications electronically. Applicants are encouraged to register in advance of the submission deadline and to register to receive notifications of updates/amendments to this Notice. Approval of user registrations for the site may take multiple weeks. It is the Applicant's responsibility to monitor for any updates to this Notice. 3 SECTION A—PROGRAM DESCRIPTION 1. Overview Section 11405 of the Bipartisan Infrastructure Law(BIL), enacted as the Infrastructure Investment and Jobs Act(Pub. L. 117-58,Nov. 15, 2021), established the PROTECT Formula and Discretionary Grant programs, which are codified at 23 U.S.C. § 176. The purpose of the PROTECT Formula and Discretionary Grant programs is to plan for and strengthen surface transportation to be more resilient to natural hazards, including climate change, sea level rise, flooding, extreme weather events, and other natural disasters through formula and competitive discretionary grants. FHWA issued guidance for the formula portion of PROTECT in July 2022. This NOFO is for the discretionary portion of PROTECT. It will result in the distribution of up to $848 million for the PROTECT Discretionary Grant Program through a competitive discretionary grant process.' FHWA intends to hold future solicitations for funding available in FY 2024-2026. The vision of the PROTECT Discretionary Grant Program is to fund projects that address the climate crisis by improving the resilience of the surface transportation system, including highways, public transportation, ports, and intercity passenger rail. Projects selected under this program should be grounded in the best available scientific understanding of climate change risks, impacts, and vulnerabilities. They should support the continued operation or rapid recovery of crucial local, regional, or national surface transportation facilities. Furthermore, selected projects should utilize innovative and collaborative approaches to risk reduction, including the use of natural infrastructure, which is explicitly eligible under the program. Also called nature-based solutions,these strategies include conservation, restoration, or construction of riparian and streambed treatments,marshes,wetlands, native vegetation, stormwater bioswales, breakwaters, reefs, dunes, parks, urban forests, and shade trees. They reduce flood risks, erosion, wave damage, and heat impacts while also creating habitat, filtering pollutants, and providing recreational benefits. Projects in the PROTECT Discretionary Grant Program have the potential to demonstrate innovation and best practices that State and local governments in other parts of the country can consider replicating. By funding projects that improve resilience to natural hazards and climate change impacts,the PROTECT Discretionary Grant Program aims to reduce damage and disruption to the transportation system, improve the safety of the traveling public, and improve equity by addressing the needs of disadvantaged communities that are often the most vulnerable to hazards. FHWA will seek to award projects to communities that demonstrate a strong need for the funding;the program includes set asides for rural communities and Indian Tribes. Funding for the PROTECT Discretionary Grants Program comes from two sources: 1)funding authorized as contract authority from the Highway Trust Fund,and 2)funding appropriated from the General Fund in annual appropriations acts. Funding authorized from the Highway Trust Fund is reduced based on the imposition of the obligation limitation contained in the annual appropriations acts. The BIL authorized$250 million annually from the Highway Trust Fund for FY 2022 and FY 2023. An additional$400 million was appropriated in FY 2022 and FY 2023 as shown in detail in Section B. Currently,$300 million is authorized annually for FYs 2024,2025,and 2026. 4 For the PROTECT Discretionary Grant Program, like the PROTECT Formula Program, grant funds can only be used for activities that are primarily for the purpose of resilience or inherently resilience related. There are four categories of funding under the PROTECT Discretionary Grant Program. One category is for Planning Grants. The other three categories are for Resilience Improvement, Community Resilience and Evacuation Routes, and At-Risk Coastal Infrastructure projects,and throughout this NOFO are collectively referred to as Resilience Grants. Planning Grants may be used to develop Resilience Improvement Plans in accordance with 23 U.S.0 § 176(e)(2) for States and MPO; resilience planning, predesign, design, or the development of data tools to simulate transportation disruption scenarios, including vulnerability assessments;technical capacity building to facilitate the ability of the eligible entity to assess the vulnerabilities of its surface transportation assets and community response strategies under current conditions and a range of potential future conditions; or evacuation planning and preparation. (23 U.S.C. § 176(d)(3)). Resilience Improvement Grants may be used to improve the ability of an existing surface transportation asset to withstand one or more elements of a weather event or natural disaster, or to increase the resilience of surface transportation infrastructure from the impacts of changing conditions, such as sea level rise, flooding,wildfires, extreme weather events, and other natural disasters. (23 U.S.C. § 176(d)(4)(A)). Community Resilience and Evacuation Route Grants may be used for activities that strengthen and protect evacuation routes that are essential for providing and supporting evacuations caused by emergency events including activities that will improve evacuation routes, provide safe passage during an evacuation, and reduce the risk of damage to evacuation routes as a result of future emergency events. For routes that inadequately facilitate evacuations, including the transportation of emergency responders and recovery resources, activities include expanding capacity through installation of communication and intelligent transportation system equipment and infrastructure, counterflow measures, or shoulders, in addition to constructing new or redundant evacuation routes, acquiring evacuation route or traffic incident management equipment or signage, or ensuring access or service to critical destinations, including hospitals and other medical or emergency services facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities. (23 U.S.C. § 176(d)(4)(B)). At-Risk Coastal Infrastructure Grants may be used for activities to strengthen, stabilize, harden, elevate, relocate or otherwise enhance the resilience of highway and non-rail infrastructure, including: bridges, roads, pedestrian walkways, and bicycle lanes, and associated infrastructure, such as culverts and tide gates to protect highways that are subject to, or face increased long-term future risks of, a weather event, a natural disaster, or changing conditions, including coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs. (23 U.S.C. § 176(d)(4)(C)). 5 Together, these four funding categories will make surface transportation assets, communities, and coastal infrastructure more resilient to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides or landslides, sea level rise, extreme weather, including extreme temperature, and earthquakes, as well as to allow for continued operation or rapid recovery of surface transportation systems. Future NOFOs under the PROTECT Discretionary Grant Program may prioritize projects that are awarded planning grants funded under this NOFO for Resilience Grant awards. Applicants may use one application to submit the same project for multiple funding categories if the project meets the eligibility criteria for multiple categories. For instance, a project to improve resilience of a coastal evacuation route could be eligible under all three Resilience Grant categories. Applicants would need to be sure to submit all the information needed for each category under which they are applying. Applicants should indicate which funding category or categories they are applying,however FHWA reserves the discretion to determine which funding category from which to make an award for a project, including a category for which the applicant did not apply. Different funding amounts are available for the different categories, as shown below. Category Approximate Funding Available this Round Planning Grants Up to $45 million Resilience Improvement Grants Up to $638 million Community Resilience and Evacuation Route Grants Up to $45 million At-Risk Coastal Infrastructure Grants Up to $120 million For more information about the eligible activities under each grant category see Section C of this NOFO. FHWA will award FY 2022 and FY 2023 PROTECT Discretionary Grant Program grants to eligible applicants consistent with applicable statutory criteria and priorities, merit criteria, and the Administration priorities described within this NOFO. Eligible Applicants The PROTECT Discretionary Grant Program provides broad applicant eligibility for all levels of government to be direct recipients of funds. States, MPOs, local governments, and Indian Tribes can apply directly to FHWA. A Federal land management agency may be eligible if the agency applies jointly with a State or group of States. (See Section C for a complete list of eligible entities). FHWA encourages all eligible entities regardless of size, location, and experience administering Federal funding awards to apply for Federal assistance for Planning Grants and Resilience Grants under this NOFO. 6 To assist applicants, FHWA has developed application checklists which applicants are encouraged to use. These checklists can be found under the related documents tab for this NOFO on Grants.gov. The checklists are provided solely as a prompt for applicants and are not required for the grant application. Alignment with Administration Priorities and Strategic Goals The PROTECT Program (Formula and Discretionary)aligns with Biden-Harris Administration policies and priorities, including DOT's Strategic Plan goals of Safety,Economic Strength and Global Competitiveness, Equity, Climate and Sustainability, Transformation, and Organizational Excellence. The program will be implemented in line with Administration and Departmental policies and orders including the America the Beautiful Initiative;the Interagency Memorandum of Understanding(MOU) on Promoting Equitable Access to Nature in Nature-Deprived Communities signed by DOT; DOT Climate Action Plan; DOT Equity Action Plan; Executive Order(E.O.) 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government(86 FR 7009); E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations(59 FR 7629); E.O. 14008, Tackling the Climate Crisis at Home and Abroad(86 FR 7619); and E.O. 14030, Climate Related Financial Risk(86 FR 27967). Also, consistent with E.O. 14030 and E.O. 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input(80 FR 6425), project applicants should be aware that DOT is in the process of developing guidance and considering updates to its floodplain requirements, including redefining the appropriate flood hazard area to account for future climate conditions. The Department is committed to advancing safe, efficient transportation, including in the PROTECT Discretionary Grant Program. The National Roadway Safety Strategy(NRSS), issued January 27, 2022, commits DOT to respond to the current crisis in roadway fatalities by "taking substantial, comprehensive action to significantly reduce serious and fatal injuries on the Nation's roadways" in pursuit of the goal of achieving zero roadway deaths through a Safe System Approach. The outcomes that are anticipated from the projects funded by PROTECT Discretionary Grant Program should align with the NRSS. The Department seeks to fund projects under the PROTECT Discretionary Grant Program that reduce greenhouse gas emissions in the transportation sector, incorporate evidence-based climate resilience measures and features, reduce the lifecycle greenhouse gas emissions from the project materials, avoid adverse environmental impacts to air or water quality,wetlands, and endangered species, and address the disproportionate negative environmental impacts of transportation on disadvantaged communities, consistent with E.O. 14008, Tackling the Climate Crisis at Home and Abroad(86 FR 7619). The Department seeks to award projects under the PROTECT Discretionary Grant Program that will create proportional impacts to all populations in a project area, remove transportation related disparities to all populations in a project area, and increase equitable access to project benefits, consistent with E.O. 13985,Advancing Racial Equity and Support for Underserved Communities Through the Federal Government(86 FR 7009). 7 The Department also seeks to award projects that address equity and environmental justice, particularly for disadvantaged communities that are marginalized, underserved, and overburdened by pollution and climate-related risks, and lack access to nature's benefits, consistent with E.O. 14008,Tackling the Climate Crisis at Home and Abroad(86 FR 7619). The Department intends to use the PROTECT Discretionary Grant Program to support the creation of good-paying jobs with the free and fair choice to join a union and the incorporation of strong labor standards and training and placement programs, especially registered apprenticeships, in project planning stages, consistent with E.O. 14025, Worker Organizing and Empowerment(86 FR 22829), and E.O. 14052, Implementation of the Infrastructure Investment and Jobs Act(86 FR 64335). FHWA also intends to use the PROTECT Discretionary Grant Program to support wealth creation, consistent with the DOT's Equity Action Plan through the inclusion of local inclusive economic development and entrepreneurship such as the utilization of Disadvantaged Business Enterprises (DBE), Minority-owned Businesses, Women-owned Businesses, or 8(a) firms. Please see Section E of this NOFO for more information on the FY 2022 and FY 2023 PROTECT Discretionary Grant Program selection criteria,the process for selecting projects, and how FHWA will evaluate applications in regard to these Administration priorities and goals. In addition, Section F.3 describes progress and performance reporting requirements for selected projects and the Administration's goals as appropriate. 2. Additional Information The PROTECT Discretionary Grant Program is described in the Federal Assistance Listings under the assistance listing program title"Highway Planning and Construction" and assistance listing number 20.205. FHWA is committed to considering project funding decisions holistically among the various discretionary grant programs available in BIL. FHWA also recognizes that applicants may be seeking funding from multiple discretionary grant programs and opportunities. An applicant may seek the same award amounts from multiple FHWA discretionary opportunities or seek a combination of funding from multiple DOT opportunities. The applicant should identify any other DOT programs and opportunities they intend to apply for (or utilize if the Federal funding is already available to the applicant), and what award amounts they will be seeking, in the appropriate sections of this NOFO, including Section D.2.b.II. . 8 SECTION B—FEDERAL AWARD INFORMATION 1. Award Amount Available For FY 2022 and FY 2023, up to $848 million2 is available for PROTECT Discretionary Grant Program awards under this notice. Of this amount, up to $45 million is available for Planning Grants; up to $638 million is available for Resilience Improvement Grants; up to$45 million is available for Community Resilience and Evacuation Route Grants; and up to $120 million is available for At-Risk Coastal Infrastructure Grants. Subject to the availability of funds, an eligible entity may request, and the Secretary may distribute funds for a grant under this subsection on a multiyear basis, as the Secretary determines to be necessary. Any award under this NOFO will be subject to the availability of funding. 2. Award Size For FY 2022 and FY 2023 PROTECT Discretionary Grant Program Planning Grants, FHWA requests applications for a minimum award size of$100,000 and no maximum award size. For FY 2022 and FY 2023 PROTECT Discretionary Grant Program Resilience Improvement, Community Resilience and Evacuation Routes, and At-Risk Coast Infrastructure grants FHWA requests applications for a minimum award size of$500,000 and no maximum award size. FHWA anticipates awarding between 30 to 40 Resilience Improvement,Community Resilience and Evacuation Routes, and At-Risk Coast Infrastructure grants. If an applicant seeks an award amount that is less than the minimum, the application should include a justification for the requested amount. FHWA reserves the discretion to consider award sizes below the minimum award size listed above. Consideration will include the total amount of eligible PROTECT Discretionary Grant Program grant funds requested and consideration of the evaluation and selection criteria described in Section E. 2 PROTECT Discretionary Grant Program funds from the Highway Account of the Highway Trust Fund are contract authority,which is reduced based on the imposition of the Federal-aid obligation limitation contained in the annual appropriations acts. Accordingly,the amount of$250,000,000 authorized for each of FYs 2022 and 2023 is reduced to$228,250,000 and$219,500,000,respectively. Additional funds were appropriated from the General Fund in the FY 2022 and FY 2023 annual appropriations acts to the PROTECT Discretionary Grant Program,which are not subject to the obligation limitation(Consolidated Appropriations Act,2023(Public Law 117-103)and Consolidated Appropriations Act,2023(Public Law 117-328)). 9