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Home My WebLink AboutPR 24079: MOU FOR THE 9TH AVENUE SURFACE RESTORATION PROJECT Energy City of City ort rthu Texas www.Po rtArth u rTx.qov INTEROFFICE MEMORANDUM Date: December 17, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager, CPM From: Pamela Langford, Director of Development Services RE: P.R. No. 24079 Introduction: This agenda item seeks the City Council's approval to execute a Memorandum of Understanding (MOU) between the City of Port Arthur and the Public Works Department for the 9th Avenue Surface Restoration Project. Background: The City of Port Arthur was awarded $990,000.00 from the Texas General Land Office for utility relocation along 9th Avenue from Main B Canal to the Outfall of southbound 2 — 12' lanes. The utility relocation and the other street improvements will aid in the 9th Avenue emergency evacuation route project. The total cost of the project is $1,597,968.05. The City of Port Arthur will commit $607,968.05 to the 9th Avenue emergency evacuation route project, and a grant from the Texas General Land Office will provide the remaining $990,000.00. S:\grants2\Resolution\MOU - 9th Avenue Street Project and GLO - MP Comments.docx Budget Impact: The Public Works Department budget will commit $607,968.05; funding available in Capital Street Account: 307-21-053-8517-00-10-000. The remaining funds in the amount of $990,000 will come from a grant from the Texas General Land Office. Recommendation: It is recommended that the City Council approve P.R. NO. 24079. S:\grants2\Resolution\MOU - 9th Avenue Street Project and GLO - MP Comments.docx P.R. No. 24079 12/6/2024-MEE-Grants Management Page 1 of 10 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC WORKS DEPARTMENT FOR THE 9TH AVENUE SOUTHBOUND RECONSTRUCTION PROJECT BY COMMITTING $607,968.05 IN CITY STREET FUNDS; AVAILABLE IN CAPITAL ACCOUNT: 307-21-053- 8517-00-10-00, AND $990,000.00 WILL BE PAID BY THE 2019 HUD INFRASTRUCTURE GRANT. WHEREAS, the City of Port Arthur is designated to accept and administer funds from the Texas General Land Office for $990,000.00 for surface reconstruction along 9th Avenue from Main B Drainage District #7 Canal to the Outfall of southbound 2-12' lanes. The surface restoration, in addition to other street improvements, will aid in the 9th Avenue emergency evacuation route project; and, WHEREAS, the total cost of the project is $1,597,968.05, and the City of Port Arthur will commit $607,968.05 for the total 9th Avenue emergency evacuation route project, with the remaining $990,000.00 will come from the 2019 HUD Infrastructure grant with the Texas General Land Office; and, WHEREAS, the Texas General Land Office ("TX-GLO") currently requested that the city council commit to the remaining city funds in the amount of $607,968.05 in order to enter into a grant agreement with the City; Funding available in Capital Street Account: 307-21-053-8517-00-10-000; and, WHEREAS, the City of Port Arthur Public Works Department will execute the expenditure of the appropriated funds under the direction of the City Manager; and, WHEREAS, the parties desire to enter into this MOU or agreement to memorialize their understanding of the work to be performed. P.R.No. 24079 12/6/2024-MEE-Grants Management Page 2 of 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2. THAT the City Manager is authorized to execute the Memorandum of Understanding between the City and the Public Works Department, see Attachment "A". Section 3. 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 COUNCILMEMBERS: NOES: MAYOR ATTEST: SHERRI BELLARD, TRMC, CITY SECRETARY S:\grants2\Resolution\MOU - 9th Avenue Street Project and GLO - MP Comments.docx P.R.No. 24079 12/6/2024-MEE-Grants Management Page 3 of 10 APPROVED AS TO F ROXANN PAIS COTRONEO, CITY ATTORNEY APPROVED FO ADMINISTRATION: At- 's--\--7- RONALD BURTON,' PM CITY MANAGER JOH CANNATELLA, P.E. CITY GINEER APPROVED AS FOR AVAILABILITY OF FUNDS: -),-(16',_) kq2J-e,t.i_Li)( LYND SW LL, MA, ICMA-CM FINANCE DIRECTOR S:lgrants2\Resolution\MOU - 9th Avenue Street Project and GLO - MP Comments.docx P.R.No. 24079 12/6/2024-MEE-Grants Management Page 4 of 10 ATTACHMENT "A" S:1grants2lResolution1MOU - 9th Avenue Street Project and GLO - MP Comments.docx MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF PORT ARTHUR AND THE 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 Texas General Land Office; 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 funding from the Texas General Land Office 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 B. III. Amount The City Manager agrees to obligate the Funds in an amount not to exceed $607,968.05 to complete the "Scope of Work," as set forth in Attachment B, and the Public Works Department agrees to expend the Funds in such amount. S:lgrants21Resolution\MOU - 9th Avenue Street Project and GLO - MP Comments.docx IV. Term The MOU shall be effective from the date executed below. 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 B. b. 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. c. c. The Public Works Department shall follow federal, state, and local procurement and expenditure requirements as required by the Texas General Land Office, including 2 CFR, 200 et al. d. 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. e. Notwithstanding reasonable and necessary modifications in quantities, method, and approach, the Scope of Work in Attachment B 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 S:\grants2\Resolution\MOU - 9th Avenue Street Project and GLO - MP Comments.docx 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 S:lgrants2\Resolution\MOU - 9th Avenue Street Project and GLO - MP Comments.docx ATTACHMENT "B" S:\grants2\Resolution\MOU - 9th Avenue Street Project and GLO - MP Comments.docx 9TH AVENUE SOUTHBOUND RECONSTRUCTION PROJECT 9th Ave South Bound Lanes - Reconstruction from the Main B Drainage District#7 Canal to Station 24+00 for 2517 linear feet(LF). Severe flooding during Hurricane Havey left the Stonegate subdivision along Jimmy Johnson Blvd and 9th Ave from Jimmy Johnson to SH73 inundated and impassable for vehicular traffic (see below picture). „iwictEiti .,� . Hurricane "Harvey" -9th Ave in front of the YMCA As a part of this Hurricane"Harvey"2017 flooding 9d'Ave has deteriorated and the concrete paving is cracking and spalling along the south bound lanes. The City of Port Arthur has awarded an$18,672,548.00 construction contract funded by FEMA 404 HMGP funds along with CDBG Disaster relief funds.As a part of this project the storm sewer system has been upgraded to convey the storm waters along 9th Ave to the detention pond located on the Babe Zaharias golf course. Stonegate 9th Ave roadway scopeC:\Users\messex\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\JI6COGY3\Stonegate 9th Ave roadway scope.docx The City of Port Arthur as part of these drainage improvements would like to raise the elevation of 9th Avenue for a length of 2200 ft and a width of 24 ft. This would entail a construction scope of, 1. Remove the existing concrete pavement. 2. Roll and compact the existing subgrade. 3. Install compact flexible base material for support of the concrete pavement. 4. Form and install a 24-foot wide- 10"depth reinforced concrete pavement for the south bound lanes of 9th avenue. 5. Install a 6-inch curb and gutter to accommodate drainage for the newly installed storm drainage system. 6. Install roadway stripping and pavement markings along 9th Ave including the golf course cart path crossing. Stonegate 9th Ave roadway scopeC:\Users\messex\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\JI6COGY3\Stonegate 9th Ave roadway scope.docx