HomeMy WebLinkAboutPR 24878: FIRST ONE YEAR RENEWAL OF CONTRACT WITH ARDURRA GROUP, LLC.FOR DISASTER RECOVERY GRANT MANAGEMENT AND ADMINISTRATIVE SERVICES Ciryof
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Texas
www.PortArthurTx.gov
DEPARTMENT OF DEVELOPMENT SERVICES
INTEROFFICE MEMORANDUM
Date: May 12, 2026
To: Honorable Mayor and City Councilmembers
Through: Ronald "Ron" Burton, CPM, City Manager
From: Pamela D. Langford, Assistant City Manager— Operations/Director of
Development Services
RE: Proposed Resolution No. 24878 — First One-Year Renewal of Contract with
Ardurra Group, LLC for Disaster Recovery Grant Management and
Administrative Services
PURPOSE:
The purpose of this agenda item is to request the City Council's consideration and approval
of Proposed Resolution No. 24878 authorizing the first one-year renewal of the contract
between the City of Port Arthur and Ardurra Group, LLC, for disaster recovery grant
management and administrative services, as outlined in Attachment "A" of the proposed
resolution.
BACKGROUND:
On May 6, 2025, the Port Arthur City Council Approved Resolution No. 25-199 authorizing
the City Manager to execute a contract with Ardurra Group, LLC for disaster recovery grant
management and administrative services in an amount not to exceed $1.8 million. The
approved agreement provided for an initial one-year term with four (4) optional one-year
renewal periods, subject to satisfactory performance and funding availability.
The City initially procured disaster recovery grant management services following Hurricane
Harvey due to the significant technical and administrative requirements associated with
federal and state disaster recovery programs. Since the original contract award in 2018,
Ardurra Group, LLC has assisted the City in securing and administering more than $150
million in grant funding and has continued to support the City with FEMA Public Assistance
projects and Hazard Mitigation Grant Program initiatives.
Ardurra Group, LLC is currently assisting the City with grant management and
administration services for the following programs and projects covered under this contract:
"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
• Harvey FEMA PA 406/404 Projects — Associated with Hurricane Harvey recovery
efforts, including project development, reimbursement coordination, environmental
compliance, grant reporting, and mitigation-related infrastructure improvements
intended to strengthen resiliency and reduce future storm impacts.
• USDOT Safe Streets Program — Associated with transportation safety initiatives
focused on improving roadway safety, reducing traffic-related incidents, enhancing
pedestrian accessibility, and advancing infrastructure planning under the United
States Department of Transportation Safe Streets and Roads for All (SS4A)
Program.
• HUD Infrastructure Project — Brick Manhole Replacement — Associated with
federally funded infrastructure improvements involving the replacement and
rehabilitation of aging brick manholes to improve system reliability, reduce infiltration
and inflow, and enhance the City's wastewater infrastructure system.
• HUD Infrastructure Project — 9th Avenue Evacuation Route — Roadway and
drainage improvements associated with the 9th Avenue Evacuation Route project
intended to improve emergency evacuation capacity, roadway resiliency, drainage
performance, and public safety during emergency events.
• ARPA Programming — Assistance with American Rescue Plan Act (ARPA)
program administration, reporting, compliance monitoring, funding eligibility review,
procurement coordination, and financial tracking associated with various City-
funded ARPA projects and initiatives.
The proposed renewal will allow the City to continue ongoing grant administration, project
management, compliance monitoring, reimbursement coordination, environmental review
assistance, and reporting activities associated with existing and future disaster recovery
projects. Staff has determined that Ardurra Group, LLC, has performed satisfactorily during
the initial contract term and recommends approval of the first renewal option in accordance
with the contract provisions.
BUDGETARY IMPACT:
No additional funding is being requested as part of this renewal.
The Port Arthur City Council previously approved the allocation of approximately $1.8
million from earned interest income generated from American Rescue Plan Act (ARPA)
proceeds for Disaster Recovery HMGP 404 Program Delivery Costs through Resolution
No. 24-511. Funding for the contract was subsequently authorized under Resolution No.
25-199 through ARPA Interest Account No. 169-07-015-5492-00-40-000.
The proposed renewal does not increase the contract amount and does not require
additional appropriation of funds.
RECOMMENDATION:
Staff recommends approval of Proposed Resolution No. 24878 authorizing the first one-
year renewal of the contract between the City of Port Arthur and Ardurra Group, LLC for
disaster recovery grant management and administrative services.
"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. 24878
05/12/2026 PDL
Page 1 of 5
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE FIRST ONE-YEAR RENEWAL OF
THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND
ARDURRA GROUP, LLC FOR DISASTER RECOVERY GRANT
MANAGEMENT AND ADMINISTRATIVE SERVICES, AS OUTLINED IN
ATTACHMENT "A", FOR ONGOING FEDERAL AND STATE GRANT-
FUNDED DISASTER RECOVERY, INFRASTRUCTURE,
TRANSPORTATION SAFETY, AND ARPA-RELATED PROJECTS, WITH
NO ADDITIONAL FUNDING REQUIRED.
WHEREAS, on May 6, 2025, the City Council of the City of Port Arthur, Texas,
approved Resolution No. 25-199 authorizing the City Manager to execute a contract with
Ardurra Group, LLC for disaster recovery grant management and administrative services
in an amount not to exceed $1.8 million; and,
WHEREAS, the approved agreement provided for an initial one-year term with four
(4) optional one-year renewal periods, subject to satisfactory performance and funding
availability; and,
WHEREAS, the City of Port Arthur continues to administer multiple federal and
state grant-funded recovery, infrastructure, mitigation, transportation, and resiliency
projects requiring specialized technical, administrative, financial, environmental,
procurement, reimbursement, and regulatory compliance support; and,
WHEREAS, since the original contract award following Hurricane Harvey recovery
efforts,Ardurra Group, LLC has assisted the City in securing and administering more than
$150 million in state and federal grant funding and continues to provide grant
management and administrative services for numerous City projects and programs; and,
WHEREAS, Ardurra Group, LLC is currently assisting the City with grant
management and administration services associated with Harvey FEMA Public
P.R. NO. 24878
05/12/2026 PDL
Page 2 of 5
Assistance (PA) 406/404 projects, including mitigation and resiliency initiatives related to
Hurricane Harvey recovery; and,
WHEREAS, Ardurra Group, LLC is also providing grant administration and
compliance services associated with the United States Department of Transportation
(USDOT) Safe Streets and Roads for All (SS4A) Program focused on transportation
safety and roadway improvement initiatives; and,
WHEREAS, Ardurra Group, LLC continues to assist the City with HUD-funded
infrastructure projects, including the Brick Manhole Replacement Project and the 9th
Avenue Evacuation Route Project, involving infrastructure resiliency, drainage
improvements, and emergency evacuation enhancements; and,
WHEREAS, Ardurra Group, LLC additionally provides administrative and
compliance support associated with the City's American Rescue Plan Act (ARPA)
programming and related federally funded initiatives; and,
WHEREAS, staff has determined that Ardurra Group, LLC has performed
satisfactorily during the initial contract term and recommends approval of the first one-
year renewal in accordance with the terms and conditions of the contract; and,
WHEREAS, on December 17, 2024, the City Council approved Resolution No. 24-
511 authorizing the use of ARPA interest income for Disaster Recovery 4332 Harvey
Hazard Mitigation Grant Program 404 Program Delivery Costs in the estimated amount
of$1.8 million; and,
WHEREAS, funding for the contract was previously authorized through ARPA
Interest Account No. 169-07-015-5492-00-40-000, and the proposed renewal does not
require additional funding or appropriation of funds.
P.R. NO. 24878
05/12/2026 PDL
Page 3 of 5
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and recitations set forth in the preamble of this Resolution
are hereby found to be true and correct and are adopted as part of this Resolution.
Section 2. That the City Council hereby authorizes the first one-year renewal of
the contract between the City of Port Arthur and Ardurra Group, LLC for disaster recovery
grant management and administrative services, as outlined in Attachment "A" on the
contract, for ongoing federal and state grant-funded disaster recovery, infrastructure,
transportation safety, mitigation, resiliency, and ARPA-related projects.
Section 3. That the City Council further authorizes the City Manager to execute
the contract as delineated in Exhibit "A", and any related documents necessary to carry
out the purpose of this Resolution.
Section 4. That no additional funding is required for this renewal, and funding
remains available through previously authorized ARPA interest allocations.
Section 5. That a copy of this Resolution shall be spread upon the Minutes of the
City Council.
READ,ADOPTED,AND APPROVED on this day of May, 2026, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor:
Council members:
P.R. NO. 24878
05/12/2026 PDL
Page 4 of 5
Noes:
Charlotte M. Moses, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED FOR FORM:
Roxann Pais Cotroneo, City Attorney
APPROVED FO'• Al TION:
n "Ron" : _ • . , CP ity Manager
0411 L
Pamela D. Langford, PM,.ssist t City
Manager-Operations/Director of Development
Services
P.R. NO. 24878
05/12/2026 PDL
Page 5 of 5
EXHIBIT "A"
CONTRACT FOR SERVICES
DISASTER CONSULTING SERVICES
THIS AGREEMENT, made this day of May, 2026, by and between the
CITY of Port Arthur, a municipal corporation organized under the laws of the State of
Texas, hereinafter called "CITY" and The Ardurra Group, a Professional Engineering
and Disaster Management, a Limited Liability Corporation licensed in the State of Texas,
hereinafter called "CONSULTANT".
WHEREAS, the CITY of Port Arthur desires to obtain services in connection with
its "Disaster Consulting Services", within the CITY of Port Arthur ("CITY") and The
Ardurra Group, LLC ("Consultant") desires to provide such services; and
WHEREAS, this Agreement between the Parties consist of the terms and
conditions set forth herein, and Attachments A and B identified as the proposal
from the CONSULTANT for the scope of services, and those document(s),
attached and incorporated for all purposes for the following project:
City of Port Arthur Disaster Management and Administrative Services
WITNESSETH: That for and in consideration of the payment terms, conditions and
agreements set forth herein, CITY and CONSULTANT agree as to follows:
1. The term of this Contract shall be for a term of one year with the option to renew
for four additional one year periods, as set forth in Section 10 of this agreement and
in the City's RFP. A Notice to Proceed will be provided to the Contractor indicating
the start date for the performance of the services to be provided to the City in
connection with the project.
2. The CONSULTANT will perform work as stated in the Contract Documents, which
include the CITY's Request for Proposal (including all attachments, appendices, and
addenda) and the CONSULTANT'S Response, and further designated in Attachment
A.
3. During the term of this Contract, the CONSULTANT will furnish at his own expense
all of the materials, supplies, tools, equipment, labor and other services necessary to
connection therewith, excepting those supplies specifically not required of
CONSULTANT in the Specifications.
4. The CONSULTANT agrees to perform all work described in the specifications and
contract document and to comply with the terms therein for the sum of
$1,800,000.00.
5. The term "Contract Documents" means and includes the following:
a) Agreement
b) Advertisement of Bid
c) Addenda
d) Scope of Services, General Information, and Specifications
e) Notice of Award
f) Notice to Proceed
6. SCOPE OF SERVICES: CONSULTANT will provide the services ("Work") to the City
in connection with the Project, as stated in the Scope of Services in City's Request
for Proposal (including all attachments, appendices, and addenda) and the
Contractor's Response, and other documents further designated in
Attachment A, attached and fully incorporated for all intents and purposes.
7. STANDARD OF CARE: The standard of care for ail services performed or
furnished by CONSULTANT under this agreement will be the care and skill ordinarily
used by members of the subject profession practicing under similar circumstances at
the same time and in the same locality.
8. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS, REGULATIONS,
AND EXECUTIVE ORDERS..
This is an acknowledgement that FEMA financial assistance will be used to fund the
contract only. The CONSULTANT will comply will all applicable federal laws,
regulations, executive orders, FEMA policies, procedures, and directives. The
CONSULTANT further agrees that it shall comply with all applicable laws,
ordinances, and codes of federal, state, and local governments, including,
but not limited to the following provisions:
A. Equal Employment Opportunity.
"During the performance of this contract, the CONSULTANT agrees as follows:
(1) The CONSULTANT will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
CONSULTANT will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
The CONSULTANT agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The CONSULTANT will, in all solicitations or advertisements for employees
placed by or on behalf of the CONSULTANT, state that all qualified applicants will
receive considerations for employment without regard to race, color, religion,
sex, or national origin.
(3) The CONSULTANT will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the CONSULTANT's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
a... (4) The CONSULTANT will comply with a!! provisions of Executive Order 11.246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The CONSULTANT will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to
his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the CONSULTANT's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
CONSULTANT may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions as may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(7) The CONSULTANT will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon
each SUB-CONSULTANT or vendor. The CONSULTANT will take such action with
respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, That in the event a CONSULTANT becomes
involved in, or is threatened with, litigation with a subCONSULTANT or vendor as
a result of such direction by the administering agency the CONSULTANT may
request the United States to enter into such litigation to protect the interests of
the United States."
B. Davis Bacon Act and Copeland Anti-Kickback Act
"Compliance with the Copeland "Anti-Kickback" Act.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and subcontractor
as provided in 29 C.F.R. § 5.12."
C. Contract Work Hours and Safety Standards Act
"Compliance with the Contract Work Hours and Safe t r Standards Act
(1) Overtime requirements. No contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor
and any subcontractor responsible therefor shall be liable for the unpaid wages.
In addition, such contractor and subcontractor shall be liable to the United States
(in the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause
set forth in paragraph (1) of this section, in the sum of $10 for each calendar
day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The _
shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contractor,
or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as
may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor
or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section."
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clauses set forth in paragraph (1) through (4) of this section and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1) through (4) of this section."
D. Clean Air Act and the Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401
et seq.
(2) The contractor agrees to report each violation to the
(name of the state agency or local or Indian tribal government) and understands
and agrees that the _ (name of the state agency or local
or Indian tribal government) will, in turn, report each violation as required to
assure notification to the (name of recipient), Federal
Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided
by FEMA.
E. Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the
(name of the state agency or local or Indian tribal government) and understands
and agrees that the (name of the state agency or local
or Indian tribal government) will, in turn, report each violation as required to
assure notification to the _ (name of recipient), Federal
Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided
by FEMA."
F. Debarment and Suspension
• (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such the contractor is required to verify that none of the
contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined
at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or
disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by
(insert name of subrecipient). If it is later determined that
the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to
(name of state agency serving as recipient and name of subrecipient), the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R.
pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the-period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions."
G. Procurement of Recovered Materials
"(1) In the performance of this contract, the Contractor shall make maximum use
of products containing recovered materials that are EPA designated items unless
the product cannot be acquired—
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement, along with the list of EPA designate
items, is available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program."
H. Program Fraud and False or Fraudulent Statements or Related Acts.
The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies
for False Claims and Statements) applies to the CONSULTANT's actions pertaining to
this contract."
I. Procurement of Recovered Materials:
(1) In the performance of this contract, the CONSULTANT shall make maximum use
of products containing recovered materials that are EPA designated items unless
the product cannot be acquired—
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement, along with the list of EPA designate items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program."
J. Access to Records. The following access to records requirements apply to this
contract:
(1) The CONSULTANT agrees to provide (insert name of state agency or local or
Indian tribal government), (insert name of recipient), the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives
access to any books, documents, papers, and records of the CONSULTANT which
are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts, and transcriptions.
(2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work
being completed under the contract."
K. DHS Seal, Logo, and Flags
The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of
flags or likenesses of DHS agency officials without specific FEMA preapproval.
L. "Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the
required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient."
9. CHANGES: The CITY may request changes in the scope of services to be
performed hereunder. Such changes, including any increase or decrease in the
amount of compensation to CONSULTANT, which are mutually agreed upon by and
between the CITY and CONSULTANT, shall be incorporated in written amendments
to this Contract. No changes in the terms of this contract shall be binding unless it
is in writing and signed by an authorized representative of both parties.
10. TERM: This contract shall be effective for a one year period upon execution by the
CITY of Port Arthur and issuance of a Notice to Proceed. The CITY anticipates that
contract shall be renewed pursuant to the availability of funds and at the discretion
of the CITY. It is agreed that CITY will have the option to extend the contract for up
to three (3) additional years, in one-year intervals upon formal approval by the
City Council. To exercise this option, the CITY shall serve notice 30 days prior to
contract termination or to the end of any one-year extension The Option to Extend
will not be considered if funding is unavailable or if the CONSULTANT's past
performance is not within the industry standard
11. TERMINATION OF THE CONTRACT FOR CAUSE OR CO1VVENIENCE:
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner
his obligations under this contract, or if the Contractor shall violate any of the
covenants, agreements or stipulations of this contract, the City shall thereupon have the
right to terminate this contract by giving written notice to the Contractor of such
termination and specifying the effective date thereof, at least fifteen (15) days before
the effective date of such termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the contract by the
Contractor, and the City may withhold any payments to the Contractor for the purpose
of set-off until such time as the exact amount of damages due to the City from the
Contractor is determined. The City may terminate this contract at any time giving at
least thirty (30) days' notice in writing to the Contractor. If the Contract is terminated
by the City as provided herein, the Contractor will be paid for the service that it has
performed up to the date of termination. If the contract is terminated due to the fault of
the Contractor, the previous paragraph hereof relative to termination shall apply.
12. APPROPRIATIONS: The obligations of the CITY to make a payment under this
Contract are expressly subject to appropriations by the CITY of funds that are
lawfully available to be applied to such purpose.
13. SCHEDULE AND DELIVERABLES: The CITY and its agencies will cooperate with
CONSULTANT to facilitate the performance of the work described in the contract.
CONSULTANT will perform the Work in accordance with the schedules/timetables
described in greater detail in the attached Exhibit A.
In the event that one or more of the members of the CONSULTANT cannot perform
because of ill health, physical disability or other reasons beyond his/her control,
CONSULTANT shall use its best efforts to furnish a substitute of similar stature for
such member of the CONSULTANT whom CITY agrees to accept. CITY does not
have to accept any substitutes provided by the CONSULTANT, but, may contract a
substitute of their own.
14. FORCE MAJEURE: In the event that the performance of any of the covenants of
this agreement shall be prevented by an act of God, the acts and regulations of
public authorities, or labor disputes, acts of the public enemy, acts of superior
governmental authority, or other circumstances, or cause beyond their or its
reasonable control, the CITY and CONSULTANT shall be respectively relieved of their
obligations hereunder with respect to the performance(s) so prevented. In the
above mentioned event, CONSULTANT grants CITY the right to reschedule the
performance(s) under the same terms and conditions of this contract.
15. COMPENSATION: The CITY shall compensate CONSULTANT for the Work at the
agreed upon per the unit prices set forth in Exhibit B. CONSULTANT will furnish an
invoice to the CITY detailing activities performed and reflecting actual time and
expenses incurred during the preceding month. All invoices are due under
Government Code Sec. 2251.021, and are payable to the CONSULTANT at 2032
Buffalo Terrace, Houston, TX 77019. The CITY shall not be responsible for any
payment to CONSULTANT for any additional services or expenses not specifically
included in Exhibit A, except upon execution of an amendment to this Contract in
writing by both parties. Parties shall attempt to resolve any payment disputes
within thirty (30) days after the invoice date. CONSULTANT shall bill CITY for
services on a 30-day billing cycle. If portions of an invoice are disputed, the CITY
shall remit payment to the CONTSULTANT those non-disputed charges within the
established time period. Upon resolution of any disputed invoice items,
CONSULTANT shall resubmit an updated invoice for the unpaid charges.
The CITY shall remit payment to CONSULTANT within 30 days of receipt approved
invoice. In the event, circumstances arise in which the CITY will necessitate
additional time to remit said payment, City will notify CONSULTANT in writing that
payment to Consultant shall be made within 90 days of receipt approved invoice.
16. INSURANCE REQUIREMENTS: All insurance must be written by an insurer
licensed to conduct business in the State of Texas, unless otherwise permitted by
CITY. The CONSULTANT shall, at his own expense, purchase, maintain and keep in
force insurance that will protect against injury and/or damages which may arise out
of or result from operations under this contract, whether the operations be by
himself or by any SUB-CONSULTANT or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable, of the
following types and limits:
1. Standard Worker's Compensation Insurance
2. Commercial and General Liability occurrence type insurance CITY of Port
Arthur, its officers, agents, and employees must be named as an additional
insured:
a) Bodily injury $1,000,000 single limit per occurrence or $1,000,000
each person / $1,000,000 per occurrences; and,
b) Property Damage $1,000,000 per occurrence regardless of
contract amount; and,
c) Professional Liability $1,000,000
17. INDEMNIFICATION. For consideration received, CONSULTANT, shall, to the
extent allowable, indemnify, save and hold the CITY of Port Arthur harmless,
including CITY's officers, agents, employees and servants, from any claims, actions,
lawsuits, proceedings, damages, loss, judgments, liabilities or expense on account of
damage to property and injuries, including death, to the extent caused by any
negligent act, intentional tort, intellectual property infringement, or failure to pay a
SUB-CONSULTANT or supplier of CONSULTANT or those acting under
CONSULTANT's supervision or control. CONSULTANT shall not be responsible,
however, for any loss, damage, liability or expense on account of damage to
property and injuries, including death, by which may arise from the negligence of
the CITY. CONSULTANT shall comply with the requirements of all current applicable
laws, rules and regulations and shall indemnify and hold harmless the CII Y and its
agency members from and against the failure to comply with those laws, and shall
assume full responsibility for payments of Federal, State and local taxes on
contributions imposed or required under the Social Security, worker's compensation
and income tax laws.
18. INDEPENDENT CONSULTANTS: The parties are independent CONSULTANTS as
to each other. Nothing in this Contract shall be construed as creating any agency or
employment relationship. Neither Party shall make any representation tending to
create an apparent or implied agency or employment relationship; neither party has
the authority to act for the other or to create obligations or debts binding on the
other; and neither party shall be responsible for any obligations or expenses
incurred by the other.
It is the intent of the parties to this agreement that the CONSULTANT as an
independent CONSULTANT will control the manner and means of its performance(s).
The CITY will control the scheduling of the performance(s). The exclusive nature of
this agreement is limited to the duration of the performance and it is expected that
the performer will enter into other similar agreements with other customers.
19. COOPERATIVE GOVERNMENTAL PURCHASING: Other governmental entities
maintaining interlocal agreements with the CITY, may desire, but are not obligated,
to purchase goods and services defined in this agreement. All purchases by
governmental entities, other than the CITY, will be billed directly to and paid by that
governmenta.: entity. The CITY will not be responsible for another governmental
entity's debts. Each governmental entity will place their own orders with the
CONSULTANT and be responsible for ensuring full compliance with the agreement.
Prior to order governmental entities placing orders, the CITY will notify the
successful Proposer of their intent.
20. PERMITS: The CONSULTANT warrants and represents that it has obtained any
and all permits, approvals, and licenses and necessary for the services to be
performed. All permits associated with the project shall be the sole responsibility of
CONSULTANT, except in circumstances which specifically require the CITY to be the
permitee.
21. CONSULTANT is responsible for adhering to the requirements for contracting with
small and minority businesses, women's business enterprises, etc., as set forth in 2
CFR 200.321, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
22. PROTECTION OF PERSONS AND PROPERTY: CITY is responsible for providing
protection of persons and property, including safe working conditions. The
CONSULTANT is responsible for its own conduct. The CITY warrants that the venue
will be of sufficient size, is of stable construction and is an open air venue, and that
there will be adequate security and/or emergency medical responders available if
foreseeably necessary.
23. ASSIGNMENT: Neither party hereto may assign its rights or delegate its
obligations hereunder without written consent of the other party.
24. CONSEQUENTIAL DAMAGES WAIVER: Each party expressly waives and
releases the other Party and its SUB-CONSULTANTS from, and against, any and all
punitive, indirect, special, exemplary and consequential damages of any kind,
including without limitation, lost profits or loss of use, regardless of the cause or
legal theory of recovery, including negligence, gross negligence or willful misconduct
of the Party being released.
25. ENTIRE AGREEMENT: This Contract incorporates all provisions of the attached
proposal for Disaster Consulting Services and Exhibit A constitutes the sole and only
agreement of the parties hereto and supersedes any prior understandings or written
or oral agreements between the parties respecting the subject matter of this
Contract. The terms of this agreement, acknowledges the CITY of Port Arthur is
entering into this contract in its governmental capacity, and not a proprietary
capacity.
26. NO OBLIGATION BY FEDERAL GOVERNMENT. "The Federal Government is
not a party to this contract and is not subject to any obligations or liabilities to the
non-Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract."
27. SEVERABILITY CLAUSE: The phrases, clauses, sentences, paragraphs or sections
of those conditions are severable. If any phrase, clause, sentence, paragraph, or
section of these conditions should be declared invalid by the final decree or
judgment of any court of competent jurisdiction, such invalidity shall not affect any
of the remaining phrases, clauses, sentences, paragraphs and sections of those
conditions.
28. ATTORNEY'S FEES: In the event there is a dispute concerning this Contract, each
party shall be responsible for its own costs and expenses including attorney's fees
and court costs incurred in the course of any dispute, mediation, or legal
proceeding.
29. APPLICABLE LAW, VENUE, AND JURISDICTION: This Contract shall be
constructed under and in accordance with the laws of the State of Texas, with
jurisdiction in the courts of the State of Texas and venue in Jefferson County
regardless of where the obligations of the parties were performed. By execution of
this Contract, the parties agree to subject themselves to the jurisdiction of the
Courts of the State of Texas in all matters relating to or arising out of this Contract
of the Work.
30. NOTICES: All notices required or permitted under this Contract shall be in writing
and shall be deemed given when delivered in person or three days after deposit in
the United States Mail, postage prepaid, addressed to the party's address reflected
at the end of this Contract. A party's notice address may be changed from time to
time by that party's providing written notice to the other. A copy of the notice to
the CITY shall be sent to:
City Attorney
City of Port Arthur
444 4th Street
P.O. Box 1089
Port Arthur, Texas 77641
This Agreement shall be binding upon all parties hereto and their perspective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Agreement in (2 copies) each of which shall be
deemed an original on the date first above written.
Signed on the _ day of — 2026.
ATTEST CITY OF PORT ARTHUR
By:
CITY SECRETARY Ronald Burton,
CPM City Manager
Signed on the day of _ — 2026.
WITNESSED THE ARDURRA GROUP, CONSULTANT
By:
Print Name:
Title:
ATTACHMENT A - SCOPE OF
SERVICES AS DELINEATED IN THE
CITY OF PORT ARTHUR'S REQUEST
ATTACHMENT B
Clarification of Scope Disaster Recovery & Technical Assistance
CONSULTANT will provide professional services and technical assistance to support
the Applicant in performing Disaster Response and Recovery Management activities
related to FEMA Public Assistance for Post Declaration Activities, Project
Development, Project Formulation, Hazard Mitigation, and CDBG-DR related support
as described in the following paragraphs as delineated in Exhibit "A".
To further clarify, CONSULTANT will assist with documenting activities performed
before, during, and after the disaster which are considered Emergency Protective
Measures (and necessary for permanent repairs) as delineated below.
1.1 Grant Management
The CONSULTANT is to provide assistance and support for grants management and
administration as needed for federal and state programs, including primarily, but not
limited to, the Federal Emergency Management Agency Public Assistance Program,
Federal Emergency Management Agency 404 and 406 Hazard Mitigation Programs,
and the HUD CDBG-DR Program. The CONSULTANT shall work closely and
collaborate with various funding agencies and internal CITY staff to ensure the
proper use and application of federal and state funds. The CONSULTANT shall focus
on maximizing eligible, allocable federal dollars. The CONSULTANT shall conduct
efficient processes that reduce the timeline for eligibility determinations that support
project cash flow sources and uses. The CONSULTANT will provide technical
knowledge and experience, proven business processes, and policy strategies. In
order to develop and implement the framework of grant activities, The CONSULTANT
may perform services and work necessary to complete the following objectives and
tasks:
1.1 Develop a document management plan that specifically outlines the structure,
containment, and management of all project documentation consistently for all CITY
departments. Effectively maintain efficient and complete records concerning any and
all applicable grant programs.
11.2 Compile and summarize/justify costs for presentation to Federal agencies and
State agencies for reimbursement of eligible costs, ensuring compliance with
applicable regulations.
1.1.3 Attend meetings with the CITY, Federal agencies, and State agencies to
negotiate and represent Project Worksheets (PWs) and the obligation of eligible
amounts.
11.4 Provide grant management advice to maximize reimbursements of disaster
recovery expenses.
1.1 5 Provide advice to CITY personnel and consultants; attend and participate in
meetings as required.
1.1.6 Prepare draft correspondence to local, Federal and State officials as
necessary.
1.1.7 Prepare and conduct the close-out process, ensuring maximum recovery and
retention of all eligible funding, satisfactory disposition of appeals and availability of
supporting documents for future audits.
1.1.8 Keep track and monitor CONSULTANT's own time and activities by project and
task in accordance with acceptable provisions of Federal guidance for direct and
indirect administrative costs and project management costs (reference Federal
regulations and policy guidance for these topics).
1.1 9 Provide monthly written performance and status reports for the CITY on FEMA
Public Assistance projects and other grant programs as requested. The performance
and status data set shall include the following:
1.1.9.2 Hours billed and amount invoiced by personnel
1.1.9.3 PW phase and grant application development and revisions
1.1.9.4 PW phase and grant application submissions and approvals
1.1.9.5 Obligated amounts versus eligible estimates
1.1.9.6 Issues with PW and grant application submissions and resolutions
1.1.9.7 Issues requiring assistance •
1.1.9.8 Amounts awarded to CITY per PW and grant application
1.1.9.9 Requests for Reimbursement submitted
1.1.9.10 Estimated and actual costs
1.1.9.11 Reimbursements received by CITY
1.2 Grant Development
The CONSULTANT shall provide services to maximize grant funding for the CITY,
including but not limited to the following objectives and tasks:
1.2.1 Prepare and coordinate the development of PW's and versions as required
with the CITY, Federal agencies and State agencies. Components of this process
include project development, formulation, and processing as required for small and
large projects.
1 2 2 Prepare, submit, and track Hazard Mitigation Grant program applications as
required with the CITY, Federal agencies and State agencies. This includes project
or program development, formulation, processing, and monitoring as required.
1.2.3 Work with the CITY departments and divisions to obtain all costs and
necessary backup documentation to develop, revise and submit PW's and grant
applications to the Federal agencies and State agencies to be approved, obligated,
and reimbursed.
12.4 Review eligibility issues for the CITY and develop justifications for
presentation to the Federal agencies, State agencies, and other agencies involved in
providing disaster recovery funds.
1.2.5 Ensure that all eligible damages have been identified, quantified, and
presented to the CITY, Federal agencies, and State agencies. All eligible damages
shall be incorporated into the Preliminary Damage Assessment and subsequently
into the associated Project Worksheet(s). Where appropriate, supporting
documentation and proper cost estimates, using a FEMA acceptable cost estimating
tool as needed, including the use of FEMA's Cost Estimating Factor (CEF) guidance
when necessary.
1 2.6 Review contracts, bid documentation, change orders, and other records to
support the proper preparation and presentation of PW's, grant applications and
eligible activities.
1.3 Policy Support
The CONSULTANT shall provide support to the CITY on relative grant policies,
including but not limited to providing the CITY with any published changes in
policies, procedures, processes, or deadlines throughout the financial disaster
recovery process.
1.4 Debris Management
The CONSULTANT as part of Grant Management and Grant Development activities to be
provided under the tasks indicated above shall Reconcile the Debris data that was
tracked, quantified, and reconciled by the Debris Monitor in order to assist the Cl i Y to
document the can's debris removal activities for inclusion in a Category A PW for
reimbursement, per data provided by the CITY's Debris Monitoring Firm.
1.5 Damage Assessment
The CONSULTANT shall, in conjunction with CITY personnel, prepare a complete
damage assessment of CI i Y owned roads, bridges, and infrastructure; water control
structures; public buildings and equipment; utilities; and parks and recreational facilities
as well as assist in reviewing the loss of storm damaged contents. Recognizing the
limited time available between engaging the Consultant and relevant deadlines for
submission of a Damage Assessment, the completion of damage assessments shall be
in conjunction with the CITY's current information and the request for an extension to
provide the Damage Assessment.
1.6 Project Management
The CONSULTANT shall perform work that is considered Project Management to
seamlessly and efficiently support the CI i Y 's grants and program objectives.
CONSULTANT may perform services and work necessary to complete the following
objectives and tasks:
1.6.1 Contact CITY departments and CONSULTANT's to the CITY for information
and coordinate their participation as it relates to FEMA eligible projects.
1.6.2 Assist in plenary activities related to federal and state grants
1.6.3 Assist in grouping projects for PW development as well as CITY priorities
1.6.4 Oversee, coordinate, and implement project decisions made by the CITY and
provide technical expertise.
1.6.5 Assist in prepping CITY Department Heads in responding to emergencies
and natural disasters
1.6.6 Participate in document and data management
1.6.7 Assist in processing and tracking financial transactions related to such grants
1.6.8 Other project management activities as requested.
1.7 Additional Services
The CONSULTANT shall provide at scheduled rates, or as needed retain the services
of, professional experts to prepare damage assessments and technical reviews and
oversight in the furtherance of program objectives. The CONSULTANT shall also
provide consultation regarding the procurement of preliminary engineering design
as needed consistent with Scope of Services in the Request for Proposals (Exhibit
A), and project cost reconciliation support in the project development phase when
necessary. The CONSULTANT shall provide destructive and non-destructive testing,
as needed and approved by the CITY to document damages, including but not
limited to roof system analysis, wall system testing, metallurgy, hazardous materials
testing, geotechnical investigations, topographic surveys and other related
information necessary to support the identification of storm related damage. The
CONSULTANT shall obtain reasonable proposals from qualified third parties when
required for the Project and recommend to the CITY for approval. Additional
Services shall be considered a reimbursable expense and billed to the CITY.
1.8 Damage Categories to be Managed
It is anticipated the following damaged facilities shall be managed by the
CONSULTANT for the CI L Y to include but not be limited to the following:
1.8.2 Debris removal activities in support of Category A PW development
1.8.3 Documentation of Category B Emergency Measures in Support of PW
development
1.8.4 Categories C — G Permanent Repairs to damaged Facilities listed on the
damage inventory list.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
EXHIBIT B
RATE SCHEDULE
Labor Category Hourly Rate-Total induding All Expenses
Principal S 240
Project Team Leader S 225
Public Assistance Officer I S 100
Public Assistance Officer II S 120
Public Assistance Officer III S 140
Mitigation Specialist I S 120
Mitigation Specialist 11 S 130
Mitigation Specialist III S 150
Appeals Specialist S 150
Insurance Specialist I S 100
Insurance Sped.list II S 120
Insurance Specialist III S 140
Cost Estimator I S 100
Cost Estimator II S 130
Accounting Supervisor S 180
Accountant Level II Journal Entry S 130
Grant Administrator S 160
Sr.Grant Administrator S 180
Programmer S 130
Senior Programmer S 150
Damage Assessment Specialist I S 125
Damage Assessment Specialist II S 145
Damage Assessment Specialist III S 165
Closeout Specialist I $ 100
Closeout Specialist II $ 120
Closeout Specialist III $ 140
Debris Specialist I $ 115
Debris Specialist II $ 130
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
/\\/
ARDURRA
May 12, 2026
Ron Burton
City Manager
City of Port Arthur
SUBJECT: May 19, 2026, Council Meeting Agenda Items: Ardurra Contract Extensions
Dear Mr. Burton:
The City of Port Arthur-Ardurra partnership has been productive since 2018. We have
enjoyed serving the City of Port Arthur in its recovery from several declared disasters, as
well as seeking funding opportunities that have been of interest to the City. We humbly
request that the items below be placed on the May 19, 2026, Council Meeting Agenda.
We are optimistic that we can continue to deliver high-quality benefits to the City as the
projects we helped the City develop and implement progress.
Please find a summary table below that delineates the current contract extension
requests. We are nearing the end of the contract period for the largest and most
significant projects related to Hurricane Harvey and the subsequent drainage
improvement projects. It appears that the Ardurra contract will end before the projects
are completed, and it is recommended that either the City prepare to take over the
management of the projects still in process in April 2026 or develop a plan to re-procure
our services for the remaining few months of work.
It is recommended that after the first of the year, the city re-procure services for Disaster
Recovery and Grant Management Services for the 2026 Hurricane Season and beyond.
We are requesting time extensions for the ARPA, HUD Infrastructure, and USDOT Safe
Streets projects at no additional cost.
We have continued to support the city's efforts to increase in-house oversight of these
projects and will continue to train your grant management staff accordingly.
Please let me know if there is any additional information that you would like to review in
anticipation of the council reviewing these requests. We look forward to completing
these tasks, which have been such positive additions to the City of Port Arthur.
3850 N Causeway Blvd suite 1530, Metairie, LA 700021 504.401.3654 I www.ardurra.com
May 12, 2026
/1\v/ Page 2
Contract Scope Fee Renewal Status
Harvey Public Assistance Use funds from Final Renewal to
PA/406/404 Project ARPA interest for end April 1, 2026
Development; drainage project
Hazard Mitigation delivery ($1 .8M)
Drainage total contract for
Improvements; all PA/HMGP
Close-out 406/404 capped
at $9.1 M over 8
years-
Over $90 Million
Dollars of
Revenue
USDOT Safe City-wide survey No additional fee 2nd of 3 Renewals
Streets of street signals, - time extension to end April 1 ,
roads, bridges, only; 2026
intersections to Contract capped
develop master at $350K- USDOT
plan Grant obtained
$2.4 Million
HUD Infrastructure Replace/repair No additional fee 2nd of 3 Renewals
Brick Manholes up to 60 - time extension to end April 1 ,
manholes only; contract 2026
throughout the capped at $50K
City HUD grants
obtained $2
Million
ARPA Projects Develop, No additional fee Final Renewal to
manage, and - time extension end August 2026
report on ARPA only; ARPA funds
funded projects managed $26M;
capped fee at
$720K at no cost
to the city
Respectfully submitted,
Craig Taffaro
Ardurra
Director of Federal Programs
cc:Pamela Langford
Albert Thigpen
3850 N Causeway Blvd suite 1530, Metairie, LA 70002 504.401.3654 ; www.ardurra.com