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HomeMy WebLinkAboutPR 24073: THE CITY MANAGER TO EXECUTE A MOU City of o r t rthu — www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM Date: December 8, 2024 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, CPM, City Manager From: Pamela D. Langford, CPM, Assistant City Manager— Operations/Director of Development Services RE: P.R. NO. 24073 — A proposed resolution authorizing the City Manager to execute a MOU Introduction: This agenda item intends to seek the City Council's approval of P.R. NO. 24073 authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the Public Works Department obligating funding under the American Rescue Plan Act (ARPA)for the construction of Drainage Improvements associated with West 17th through West 19th Streets in an amount not to exceed $2,000,000.00. Background: The American Rescue Plan Act of 2021 was signed into law on March 11, 2021, as part of a $1.9 trillion economic stimulus package. ARPA is designed to help local governments address the public health and economic challenges created by the COVID-19 pandemic while making investments in long-term infrastructure improvements. Under ARPA's Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) program, the City of Port Arthur was awarded $26,731,836.00. These funds represent a significant opportunity to invest in priority projects that will enhance the City's infrastructure, services, and resilience. Key Guidelines and Eligible Uses: ARPA funds may be used for a range of eligible projects, including but not limited to: 1. Public Health Response: Addressing pandemic-related public health needs. 2. Economic Recovery: Supporting households, small businesses, and impacted industries. 3. Premium Pay: Providing compensation for essential workers. 4. Revenue Loss Replacement: Addressing shortfalls in municipal revenue caused by the pandemic. 5. Infrastructure Investments: Funding water, sewer, and broadband infrastructure projects. The City of Port Arthur has identified several priority projects within these categories, including drainage improvements, which align with ARPA's goals of improving resilience and addressing long-standing challenges. Key Deadlines: To comply with federal requirements, the following deadlines must be observed: • Funds Obligation Deadline: December 31, 2024 — All ARPA funds must be committed to specific projects by this date. • Funds Expenditure Deadline: December 31, 2025 —All obligated funds must be fully expended, and projects completed by this date. Failure to meet these deadlines could result in the forfeiture of unspent funds. Importance of Adhering to U.S. Treasury Requirements: Adherence to the U.S. Treasury's requirements ensures the City of Port Arthur: 1. Maximizes Funding Impact: Timely funding obligations allow for the development of critical infrastructure and community projects, including those addressing longstanding issues such as drainage. s 2. Maintains Compliance: By obligating funds through formal mechanisms such as 1 Memoranda of Understanding (MOUs), the City aligns with federal audit standards, mitigating the risk of penalties or repayment of funds. 3. Demonstrates Accountability: Structured agreements provide transparency and accountability in the use of public funds, reinforcing trust among residents and stakeholders. To meet the December 31, 2024, obligation deadline, staff has prepared project agreements, including an MOU for drainage improvements along West 17th through 19th Street. This MOU will ensure the commitment of $2,000,000.00 in ARPA funds for this essential project while maintaining compliance with Treasury requirements. To date, the City has prioritized ARPA funds for projects that address critical infrastructure needs, support economic recovery, and improve residents' quality of life. Current and proposed projects include drainage improvements, public facility upgrades, and other initiatives aimed at fostering long-term resilience and growth. Budget Impact: The City of Port Arthur agrees to obligate a not to exceed amount of $2,000,000.00 for the construction of drainage improvements associated with West 17th Street through West 19th Street, Port Arthur, Jefferson County, Texas. Funding available in ARPA Program Account: 169-07-015-8515-00-40000-000; Project No. ARP006. Recommendation: It is recommended that the City Council approve P.R. NO. 24073 authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the Public Works Department obligating funding under the American Rescue Plan Act (ARPA) for the construction of Drainage Improvements associated with West 17th through West 19th Streets in an amount not to exceed $2,000,000.00. P.R. NO.24073 12/8/2024 PDL PAGE 1 OF 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING OBLIGATING FUNDING UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ASSOCIATED WITH WEST 17TH STREET THROUGH WEST 19TH STREET IN AN AMOUNT NOT TO EXCEED $2,000,000.00; FUNDING AVAILABLE IN THE ARPA PROGRAM ACCOUNT: 169-07-015-8515-00-40-000, PROJECT NO. ARP006. WHEREAS, the City of Port Arthur is committed to improving its infrastructure to enhance public safety, reduce flooding, and support the well-being of its residents; and WHEREAS, the American Rescue Plan Act (ARPA) provides federal funding to assist municipalities in addressing the impacts of the COVID-19 pandemic and making long-term investments in infrastructure projects; and WHEREAS, the City has identified the construction of drainage improvements along West 17th through West 19th Street as a critical project to address long-standing stormwater management issues in the area; and WHEREAS, ARPA funding in an amount not to exceed $2,000,000.00 has been allocated for this purpose and is available in the ARPA Program Account 169-07-015- 8515-00-40-000; Project No. ARP006; and WHEREAS, the City Council finds it in the best interest of the City of Port Arthur and its residents to authorize the City Manager to execute a Memorandum of Understanding (MOU) for the acceptance and administration of the aforementioned funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: That, the City Council hereby authorizes the City Manager to execute a Memorandum of Understanding (MOU) for the acceptance and administration of ARPA funding in an P.R. NO.24073 12/8/2024 PDL PAGE 2 OF 4 amount not to exceed $2,000,000.00 for the construction of drainage improvements along West 17th through 19th Street, subject to review and approval by the City Attorney. That, the funds for this project shall be expended from the ARPA Account ARPA Program Account 169-07-015-8515-00-40-000; Project No. ARP006, as allocated for this purpose. That, this resolution shall become effective immediately upon its passage. That, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of December,A.D. 2024, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Council members: Noes: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney P.R.NO.24073 12/8/2024 PDL PAGE 3 OF 4 APPROVED F. - A ► INISTRATION: _tv,, Ronald "Ron" B "o"" , CPM, City Manager John Cannatell. ., City Engineer P.R.NO.24073 12/8/2024 PDL PAGE 4 OF 4 Exhibit MEMORANDUM OF UNDERSTANDING Between City of Port Arthur City Manager, Executive and Public Works, Department This Memorandum of Understanding ("MOU") is entered into by and between the [Executive] ("City of Port Arthur City Manager) and the [Department] ("Department of Public Works"), hereinafter the Parties. In consideration of those mutual undertakings, the Parties agree as follows: WHEREAS, the City of Port Arthur is designated to accept and administer funds from the federal American Rescue Plan Act ("ARPA"), sections 602 and 603 of the Social Security Act as added by section 9901 of the American Rescue Plan Act of 2021 (the "Act"), Pub. L. No. 117-2 (Mar. 11, 2021); and WHEREAS, the City of Port Arthur City Council, in accordance with their powers, appropriated ARPA funds for specific programs and purposes; and WHEREAS, the City Manager has the duty to supervise, direct, and control the administration of all departments, offices, and functions of the City of Port Arthur, a municipal government; and WHEREAS, the City of Port Arthur Public Works Department executes the expenditure of duly appropriated funds under the direction of the City Manager; and WHEREAS, the Parties desire to enter into this MOU to memorialize their understanding of the work to be performed. NOW, THEREFORE, the Parties agree to the terms and conditions set forth below: I. Purpose The purpose of this MOU is to memorialize an agreement to obligate the ARPA State and Local Fiscal Recovery Funds ("Funds") for those purposes set forth below. II. Conditions and Scope The City Council appropriated funds and the City Manager agrees to expend the Funds to perform the "Scope of Work," as set forth in Attachment A. III. Amount The City Manager agrees to obligate the Funds in an amount not exceeding $2,000,000.00 to complete the "Scope of Work," as set forth in Attachment A, and the Public Works Department agrees to expend the Funds in such amount. IV. Term The MOU shall be effective from the date executed below and shall expire on January 1, 2027. V. Binding Effect The MOU shall be binding upon the Parties hereto and upon any respective successors and assignees of the Parties. VI. Obligation of the Parties The Parties agree to the following obligations under this MOU: a. The City Council appropriated funds for the Capital Projects Programs, which includes funds for the "Scope of Work," set forth in Attachment A. b. The City Manager directs the Public Works Department to ensure the work is completed and the funds are expended by December 31, 2026. c. The Public Works Department shall expend the Funds in an amount not to exceed the amount set forth in Paragraph III to pay for the cost of the Scope of Work. d. The Public Works Department shall follow federal, state, and local procurement and expenditure requirements as required by ARPA, inclusive of 2 CFR, 200 et al. e. The Public Works Department and Purchasing Director shall ensure a complete procurement file for each contract necessary to perform the Scope of Work is retained. f. Notwithstanding reasonable and necessary modifications in quantities, method, and approach, the Scope of Work in Attachment A shall not be modified in its scope, focus, intent, purpose, and location. VII. Applicable Law This MOU shall be governed by and construed in accordance with the laws of the State of Texas and the Ordinances of the City of Port Arthur. Executed this day of December 2024. CITY OF PORT ARTHUR, TEXAS, A Texas home-rule municipality, By: Ronald "Ron" Burton, CPM, City Manager By: Public Works Department/City Engineer Associated Resolution No. 24- _ ; Executed this day of December 2024 ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney Attachment "A" Scope of Work: West 17th - West 19th Street Drainage Improvement(s) CONSTRUCTION SCOPE Drainage Improvements Project: West 17th Street through West 19th Street, Port Arthur, Jefferson County, Texas Project Overview This project involves the construction of drainage improvements within the residential neighborhood of West 17th through West 19th Street in Port Arthur, Jefferson County, Texas. The improvements aim to address long-standing stormwater management issues identified by the City of Port Arthur Master Drainage Plan to reduce flooding and enhance the resilience of the area's drainage infrastructure. The project is funded under the "American Rescue Plan Act" (ARPA) and must adhere to ARPA guidelines and timelines. The project is divided into two phases: 1. Phase I: Engineering services, including drainage design, utility identification, and preparation of construction plans, contract documents and specifications, are being completed by EJES, Inc. 2. Phase II: Construction of drainage improvements in accordance with engineered design plans completed by EJES, Inc., with all work to be completed no later than December 31, 2026. Phase I: Design and Engineering (EJES, Inc.) Scope: • Conduct engineering services to identify utility locations and provide drainage design solutions as recommended by the City of Port Arthur Master Drainage Plan. • Develop construction plans, contract documents and specifications based on site conditions, stormwater modeling, and best practices. • Ensure plans, contract documents and specifications align with ARPA funding requirements and comply with local, state, and federal regulations. • Provide an error-free set of construction drawings, contract documents and specifications ready for bidding. • Prepare cost estimates for construction based on standard unit pricing. Deliverables: 1. Stamped and approved drainage design plans. 2. Complete construction drawings, contract documents and specifications. 3. Unit cost estimates for bidding purposes. Completion Deadline: Design work shall be completed and approved by City of Port Arthur prior to bidding. Phase II: Construction Scope of Work: 1. Construction Activities: o Implement drainage improvements per engineered plans and specifications. o Excavate and install drainage infrastructure, including but not limited to culverts, storm sewers, and inlets. o Conduct utility relocation or protection as needed. o Restore disturbed areas, including pavement, sidewalks, and landscaping. 2. Compliance: o Ensure all construction activities comply with ARPA funding requirements and deadlines. o Coordinate with the City of Port Arthur to address any unforeseen site conditions or changes in scope. 3. Project Management: o Provide regular progress reports to the City and the project engineer. o Conduct quality assurance/quality control (QA/QC) to ensure compliance with design specifications. o Maintain clear documentation for ARPA reporting and audit purposes. Deliverables: 1. Completed and functioning drainage infrastructure. 2. Documentation of compliance with ARPA guidelines. 3. As-built drawings submitted to the City upon project completion. Completion Deadline: All construction work must be completed and funding expended no later than December 31, 2026. General Requirements • The selected contractor must work in collaboration with EJES, Inc., the City of Port Arthur, and other relevant stakeholders. • The contractor and engineer must have demonstrated experience with federally funded projects, particularly ARPA. • The project shall be managed to minimize disruptions to residents and ensure public safety at all times. • The engineer shall provide oversight during construction to ensure adherence to design plans and resolve any issues promptly. Budget and Funding • Funding for this project is provided under ARPA and is limited. All activities and expenditures must align with ARPA guidelines and timelines. City's Responsibilities • Provide access to all relevant project data, including surveys and utility maps. • Facilitate communication between EJES, Inc., the contractor, and residents. • Ensure ARPA funding and compliance requirements are met. Performance Standards All services and construction activities must adhere to the following: • Approved engineered plans by EJES, Inc. • Applicable local, state, and federal laws, including ARPA compliance. • Established timelines and budgets. This Scope of Work ensures that the City of Port Arthur achieves its goals for improved stormwater management while complying with ARPA funding requirements.