Agenda 11/18/2014 Item # 16A2811/18/2014 16.A.28.
EXECUTIVE SUMMARY
Recommendation to approve and execute a Modification to Florida Division of Emergency
Management (FDEM) Subgrant Agreement HMGP 1785 -027 -11, to extend The Period of
Performance completion deadline to August 31, 2015, in connection with the Lely Area Stormwater
Improvement Project (LASIP) / Crown Pointe (Loch Louise Weir) and Haldeman Creek Weir
Replacements, Project #51101.
OBJECTIVE: To recommend approval of the Modification to the Florida Division of
Emergency Management Agreement HMGP 1785 -027 -R Hazard Mitigation Grant authorizing
extension of the Period of Performance completion date to August 31, 2015, relevant to the
LASIP / Haldeman Creek -Crown Pointe Project.
CONSIDERATIONS: On December 14, 2010, the Board of County Commissioners (Board)
approved Contract No. 11 HM- 3E- 09 -21 -01 -004 for Agreement HMGP 1785 -27 -R with the
Florida Division of Emergency Management (FDEM) for a Hazard Mitigation Grant in the
amount of $388,467.00. Since then, two extensions of time have been granted with the latest
approved modification calling for construction completion by August 31, 2014. Staff wishes to
extend the agreement one final time to August 31, 2015.
On October 8, 2013, the Board approved the construction contract to build two replacement
weirs at Crown Pointe and Haldeman Creek for which the HMGP Grant applies. This work is
part of LASIP, which is being constructed to comply with permits from The South Florida Water
Management District (SFWMD) and the US Army Corps of Engineers (USACE). The Crown
Pointe subdivision experienced significant flooding over the years due in part to an undersized
weir. This weir also had no control mechanism on it, so water could not be rapidly emptied from
the adjoining Lake (Loch) Louise when needed. Staff took action to apply for this Grant after
flooding occurred as a result of Tropical Storrs Fay in 2008.
Subsequently, a Federal Hazard Mitigation Grant was issued to assist in funding the project.
Grant No. HNGP 1785 -027 -R was approved by the Board on December 14, 2010 (item 16 A 1).
Substantial Completion of the construction of the weirs that were built as part of this phase of
LASIP was reached in July of 2014. The relevant inspections revealed discrepancies with the
elevation of the installed gates. The County's design engineer for the project has ascertained that
the weirs will perform as intended with the current construction. However, to assure that no
maintenance problems occur in the future as a result of this discrepancy, staff wishes to perform
due diligence and have an engineering firm review the construction and associated operation of
the weir control gates. Therefore, staff requested and received approval of the extension from
FEMA HMGP personnel.
FISCAL IMPACT: The fiscal impact of the FEMA HMGP Grant Phase II (for construction) is
unchanged. A budget amendment was authorized to recognize funds in the amount of $339,267
in Transportation Grant Fund 711, Project 5110 1, and a budget amendment was authorized to
recognize $113,089 in Transportation Match Fund 712, Project 5110 1. Funding for the required
25% match is and remains available from Stormwater Capital Fund 325, Project 51101.
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GROWTH MANAGEMENT IMPACT: Extension of the Period of Perfonmance has no direct
impact on the Growth Management Plan (GMP). The LASIP design of the Haldeman Creek
Stonnwater Improvement and Lock Louise Weir Reconstruction project are in accordance with
the goals and objectives of the Drainage Sub - element of the GMP.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval. —SRT
RECOMMENDATION: Staff recommends approval and execution of the Modification of
Grant HMGP 1785-027-R to extend the Period of Performance to August 31, 2015, and to
authorize the Chairman to sign the Modification to Subgrant Agreement (in quadruplicate) after
final review by the Office of the County Attorney.
Prepared by: Shane Cox, P.E., Sr. Project Manager, Transportation Engineering Department
Attachments: Modification to Subgrant Agreement between the Division of Emergency
Management and Collier County for LASIP / Crown Pointe — Haldeman Creek weir replacement
project
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.28.
Item Summary: Recommendation to approve and execute a Modification to Florida
Division of Emergency Management (FDEM) Subgrant Agreement HNGP 1785 - 027 -R, to extend
The Period of Performance completion deadline to August 31, 2015, in connection with the Lely
Area Stormwater Improvement Project (LASIP) / Crown Pointe (Loch Louise Weir) and
Haldeman Creek Weir Replacements, Project #51101
Meeting Date: 11/18/2014
Prepared By
Name: CoxShane
Title: Project Manager, Senior, Road Maintenance
10/28/2014 11:27:55 AM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal, Transportation Engineering & Construction Management
Date: 10/28/2014 1:51:25 PM
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 10/28/2014 3:12:12 PM
Name: TaylorLisa
Title: ManagementBudget Analyst, Transportation Administration
Date: 10/29/2014 9:59:08 AM
Name: LynchDiane
Title: Supervisor - Operations, Road Maintenance
Date: 10/29/2014 11:05:33 AM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 10/30/2014 9:01:47 AM
Name: ShueGene
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11/18/2014 16.A.28.
Title: Director - Operations Support, Transportation Administration
Date: 11/3/2014 10:50:18 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 1 l /3/2014 4:44:29 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 11/3/2014 4:57:39 PM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 1 l /6/2014 8:56:09 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: l 1 /6/2014 4:13:22 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 11/7/2014 11:36:20 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/7/2014 1 1:41:45 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: l l /7/2014 4:06:44 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 11 /9/2014 9:27:01 AM
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Contract Number: 11HM- 3E -09 -21 -01-004
Project Number. 1785 -27 -R
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
COLLIER COUNTY
This Modification Number Three made and entered into by and between the State of
Florida, Division of Emergency Management ( "the Division "), and Collier County ( "the
Recipient ") to modify Contract Number 11 HM-3E-09-21-01-004, dated January 12, 2011, ( "the
Agreement ").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a subgrant to the Recipient under the Hazard Mitigation Grant
Program of $388,467.00, in Federal Funds; and
WHEREAS, the Division and the Recipient desire to modify the Agreement; and
WHEREAS, the Agreement expired on August 31, 2014; and
WHEREAS, the Division and the Recipient desire to reinstate and extend the terms of
the Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. The Agreement is hereby reinstated and extended as though it had never expired.
2. Paragraph 3 of the Agreement is hereby amended to read as follows:
(3) PERIOD OF AGREEMENT
This Agreement shall begin August 13, 2010 and shall end August 31, 2015, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this
Agreement.
3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as
set forth in 3'd Revised Attachment A to this Modification, a copy of which is attached
hereto and incorporated herein by reference.
4. Paragraph 11 of the Agreement is hereby amended to read as follows:
(11) REMEDIES
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty
days, exercise any one or more of the following remedies, either concurrently or
consecutively:
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IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the
dates set out below.
RECIPIENT: COLLIER COUNTY
By:
Name and Title:
Date:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Bryan W. Koon, Director
Date:
ATTEST
DWIGHT E. BRQDK, CLERK
BY:
Approved as to form and legality
Scott R. Teach, Deputy County Attorney
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0
CA
Attachment A
(3'd Revision)
Budget and Scope of Work
STATEMENT OF PURPOSE:
11/18/2014 16.A.28
The purpose of this Scope of Work is to provide protection to the Loch Louise Weir and
Haldeman Creek in Naples, Florida; funded through the Hazard Mitigation Grant Program
(HMGP) DR- 1785 -27 -R, as approved by the Florida Division of Emergency Management
(Division) and the Federal Emergency Management Agency (FEMA).
The Recipient, Collier County agrees to administer and complete the project per sealed
engineering designs and construction plans as submitted by the Recipient and subsequently
approved by the Division and FEMA. The Recipient will complete the work in accordance with
all applicable Federal, State and Local Laws, Regulations, and Codes.
PROJECT OVERVIEW:
As a Hazard Mitigation Grant Program project, the Recipient, Collier County, proposes to
improve the drainage to Loch Louise Weir and Haldeman Creek Stormwater, a part of The Lely
Area Stormwater Improvement Project (LASIP), located in Naples, Florida 34112.
Phase I will provide funding for completion of design plans, permitting and geotechnicai
surveying process for this proposal. The Phase I study conducted to determine modifications
needed to improve and upgrade the existing drainage system.
Phase II — Construction scope of work proposes improvements on the section of Haldeman
Creek between Lely Branch canal and the community of Crown Pointe. The project includes a
proposed weir at Haldeman Creek with a gate west of the Lely Branch canal to control and
redirect westward water flow into the Lely Branch canal and eventually downstream into the
Sabal Bay development. The existing weir structure located in Crown Pointe will be replaced
with an improved weir to control upstream stormwater elevations. The existing double box
culverts in Haldeman Creek east of Lely Branch will remain in place and the rip-rap associated
with them will be removed and replaced in order to accommodate the proposed ditch
improvements. The project will eliminate flooding up to the 25 -year flood event.
Project Location: (1) Loche Louise Weir: located at Crown Pointe (between 3078 and 3090
Crown Pointe Boulevard; 26.12451, - 8174119); (2) Haldeman Creek: The new Weir, box culvert
and ditch improvement (existing) will be located at the northeast comer of Riviera Estates in a
drainage ditch across from 763 Charlemagne Court. Boundaries of construction: North
(26.12430, - 81.74204); East (26.12391, - 81.74125); South (26.12376, - 81.74231); West
(26.12392, - 81.74263). Naples, Collier County, Florida 34112.
TASKS & DELIVERABLE:
A. Tasks
1) The Recipient shall procure the services of a qualified and licensed Florida contractor and
execute a contract with the selected bidder to complete the scope of work as approved by
the Division and FEMA. The Recipient shall select the qualified, licensed Florida contractor
in accordance with the Recipient's procurement policy as well as all federal and state laws
and regulations. All procurement activities will contain sufficient source documentation and
be in accordance will all applicable regulations.
GP
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(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in
the United States, first class mail, postage prepaid, by registered or certified mail -
return receipt requested, to the address in Paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds;
(e) Exercise any corrective or remedial actions, to include but not limited to:
1) Request additional information from the Recipient to determine the reasons for or
the extent of non - compliance or lack of performance,
2) Issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3) Advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question, or
4) Require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible.
(f) Exercise any other rights or remedies which may be available under law;
(g) Pursuing any of the above remedies will not stop the Division from pursuing any
other remedies in this Agreement or provided at law or in equity. If the Division
waives any right or remedy in this Agreement or fails to insist on strict performance
by the Recipient, it will not affect, extend or waive any other right or remedy of the
Division, or affect the later exercise of the same right or remedy by the Division for
any other default by the Recipient.
5. All provisions of the Agreement being modified and any attachments in conflict with this
Modification shall be and are hereby changed to conform with this Modification, effective
on the date of execution of this Modification by both parties.
6. All provisions not in conflict with this Modification remain in full force and effect, and are
to be performed at the level specified in the Agreement.
7. Quarterly Reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the
administrative close -out report. The ending dates for each quarter of the program year
are March 31, June 30, September 30 and December 31.
0
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The Recipient shall be responsible for furnishing or contracting all labor, materials,
equipment, tools, transportation and supervision and for performing all work per sealed
engineering designs and construction plans presented to the Division by the Recipient and
subsequently approved by the Division and FEMA.
The Recipient and contractor shall be responsible for maintaining a safe and secure
worksite for the duration of the work. The contractor shall maintain all work staging areas in
a neat and presentable condition.
The Recipient shall ensure that no contractors or subcontractors are debarred or suspended
from participating in federally funded projects.
The selected contractor shall have a current and valid occupational license/business tax
receipt issued for the type of services being performed.
The Recipient will provide documentation demonstrating the results of the procurement
process. This will include a rationale for the method of procurement and selection of
contract type, contractor selection and /or rejection and bid tabulation and listing, and the
basis of contract price.
The Recipient will provide an executed "Debarment, Suspension, Ineligibility, Voluntary
Exclusion Form" for each contractor and/or subcontractor performing services under this
agreement.
Executed contracts with contractors and /or subcontractors will be provided to the Division by
the Recipient.
The Recipient will provide copies of professional licenses for contractors selected to perform
services. The Recipient shall provide a copy of a current and valid occupational license or
business tax receipt issued for the type of services to be performed by selected contractor.
2) The Recipient shall monitor and manage the installation to improve the drainage and
provide flood protection on the section of Haldeman Creek between Lely Branch canal and
the community of Crown Ponte including a proposed weir at Haldeman Creek with a sluice
gate west of the Lely Branch canal to control and redirect westward water flow into the Lely
Branch canal and eventually downstream into the Sabal Bay development. The existing
weir structure located in Crown Point will be replaced with an improved weir including two
(2) sluice gates to control upstream stormwater elevations. The existing double box culverts
in Haldeman Creek east of Lely Branch will remain in place and the rip -rap associated with
them will be removed and replaced in order to accommodate the proposed ditch
improvements.
The project will be in accordance with sealed engineering designs and construction plans
presented to the Division by the Recipient and subsequently approved by the Division and
FEMA. The Recipient shall ensure that all applicable state, local and federal laws and
regulations are followed and documented, as appropriate.
The project consists of the general construction and furnishing of all materials, equipment,
labor and fees to minimize recurring flooding and reduce repetitive flood loss to structures
and roadways.
The recipient shall fully perform the approved project, as described in the submitted
documents, in accordance with the approved scope of work, budget line item, allocation of
funds and applicable terms and conditions indicated herein. The recipient shall not deviate
from the approved project terms and conditions.
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Construction activities will be completed by a qualified and licensed Florida contractor. All
construction activities will be monitored by a qualified engineer. The Recipient must
complete the project in accordance will all required permits. All work will be completed in
accordance with applicable codes and standards.
Upon completion of the work, the Recipient will schedule and participate in a final inspection
of the completed project by the local building official or other approving official, as
applicable. Any deficiencies found during this final inspection will be corrected by the
Recipient prior to Recipient's submittal of the final inspection /closeout request to the
Division.
Upon completion of Task 2, the Recipient will submit (two) final copy (signed and sealed) of
the project's as -built drawings and necessary supporting documentation, and will provide a
summary of all contract scope of work changes, if any. Additional documentation will
include:
a) Copy of permits, notice of commencement, and compliance;
b) Local Building Official Inspection Report and Final Approval, as applicable;
c) Certified Letter of Completion from Engineer of Record: The Recipient's Engineer of
Record shall provide a formal certificate or letter affirming that the project has been
completed in conformance with the approved project drawings, specifications, codes,
and project "Requirements and Conditions" listed herein;
d) Proof of compliance with Project Requirements and Conditions contained herein;
e) Photographs (color) of completed project sites.
3) During the course of this agreement the Recipient is required to submit requests for
reimbursement. Adequate and complete source documentation is required to be submitted
to support all costs (federal share and local share) related to the project. In some cases, all
project activities may not be fully complete prior to requesting reimbursement of costs
incurred in completion of this scope of work; however, a partial reimbursement may be
requested.
The Recipient is required to submit an Affidavit signed by the Recipient's project personnel
with each reimbursement request attesting to the completion of the work, disbursements or
payments were made in accordance with all agreement and regulatory conditions, and that
reimbursement is due and has not been previously requested.
The Recipient must maintain accurate time records. The Recipient must ensure invoices
are accurate and any contracted services were rendered within the terms and timelines of
this agreement. All supporting documentation must agree with the requested billing period.
All costs submitted for reimbursement must contain adequate source documentation which
may include but not be limited to: cancelled checks, bank statements, Electronic Funds
Transfer, paid bills and invoices, payrolls, time and attendance records, contract and
subcontract award documents.
Construction Expense: The Recipient will pre -audit bills, invoices, and /or charges submitted
by the contractors and subcontractors and pay the contractors and subcontractors for
approved bills, invoices, and /or charges. Recipient will ensure that all
contractor /subcontractor bills, invoices, and /or charges are legitimate and clearly identify the
activities being performed and associated costs.
The Division will review all submitted requests for reimbursement for basic accuracy of
information. Further, the Division will ensure that no unauthorized work was completed prior
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to the approved project start date by verifying vendor and contractor invoices. The Division
will verify that reported costs were incurred in the performance of eligible work, that the
approved work was completed, and that the mitigation measures are in compliance with the
approved scope of work prior to processing any requests for reimbursement.
Review and approval of any third party in -kind services, if applicable, will be conducted by
the Division in coordination with the Recipient. Quarterly reports must be submitted by the
Recipient and received by the Division at the times provided in this agreement prior to the
processing of any reimbursement.
The Recipient shall submit to the Division requests for reimbursement of actual construction
and managerial costs related to the project as identified in the project application, sealed
engineering designs, and construction plans. The requests for reimbursement will include:
a) Contractor, subcontractor, and /or vendor invoices which clearly display dates of services
performed, description of services performed, location of services performed, cost of
services performed, name of service provider and any other pertinent information;
b) Proof of payment from the Recipient to the contractor, subcontractor, and /or vendor for
invoiced services;
c) Clear identification of amount of costs being requested for reimbursement as well as
costs being applied against the local match amount;
The Recipient's final request for reimbursement should include the final construction project
cost. Supporting documentation must show that all contractors and subcontractors have
been paid.
B. Deliverables
Mitigation Activities consist of drainage improvements on the section of Haldeman Creek
between Lely Branch canal and the community of Crown Point includes a proposed weir at
Haldeman Creek with a sluice gate west of the Lely Branch canal to control and redirect
westward water flow into the Lely Branch canal and eventually downstream into the Sabal
Bay development. The existing weir structure located in Crown Pointe will be replaced with
an improved weir including two (2) sluice gates to control upstream stormwater elevations.
The existing double box culverts in Haldeman Creek east of Lely Branch will remain in place
and the rip -rap associated with them will be removed and replaced in order to accommodate
the proposed ditch improvements. The project will eliminate flooding up to the 25 -year flood
event.
Provided the Recipient performs in accordance with the Scope of Work outlined in this
Agreement, the Division will reimburse the Recipient based on the percentage of overall
project completion.
PROJECT REQUIREMENTS AND CONDITIONS:
C. Phase I:
1) Submittal of Engineer's plan that clearly shows the engineer's estimate of the pre and post -
mitigation effects of the proposed project and the relationship of the damages to be
mitigated (commensurate with the level of funding requested). This includes, but is not
limited to, the existing and proposed hydrology and hydraulics for the level of event being
mitigated.
2) Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and
v�
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elevation(s) of the infrastructure /structures that is being damaged and FEMA Special Flood
Hazard Areas on the same plan.
3) Meet all required environmental laws and policies. All environmental permits and approvals/
concurrences must be obtained. A public notice must be published to notify interested
parties of the proposed activity. Notices must be published in a manner that anyone that
may be affected or interested in this project has access to the posting. The comment period
expired and all comments addressed prior to initiating any construction activities.
4) Submit a refined cost estimate, to include Phase I Fees and Phase II Construction. A new
Benefit Cost Analysis will be performed using the revised information.
5) Provide a set of Community Approved, State reviewed construction plans (sealed) for
review and comment including milestones and timelines for completion of the final phase of
the project and bid documents /award.
6) Phase 1 of this project is approved with the condition that the above list of deliverables will
be submitted for review and approval by the Division and FEMA before Phase II is
considered. No construction work may begin until Phase II is approved.
Phase I Requirements & Conditions have been met, Phase 11 approved on August 15,
2012.
D. Phase II — Environmental:
1) The Recipient must follow all applicable state, local and federal laws regulations and
requirements, and obtain (before starting project work) and comply with all required permits
and approvals. Failure to obtain all appropriate federal, state, and local environmental
permits and clearances may jeopardize federal funding. If project work is delayed for a year
or more after the date of the categorical exclusion (CATEX), then coordination with and
project review by regulatory agencies must be redone.
2) Any change, addition or supplement to the approved Scope of Work that alters the project
(including other work not funded by FEMA, but done substantially at the same time),
regardless of the budget implications, will require re- submission of the application to FEMA
through the Division for National Environmental Policy Act (NEPA) re- evaluation before
starting project work.
3) The Recipient shall monitor ground disturbing activities during construction, the Recipient
will monitor ground disturbance and if any potential archeological resources are discovered,
will immediately cease construction in that area and notify the State and FEMA.
If human remains or intact archaeological deposits are uncovered, work in the vicinity of the
discovery will stop immediately and all reasonable measures to avoid or minimize harm to
the finds will be taken. The Recipient will ensure that archaeological discoveries are
secured in place, that access to the sensitive area is restricted, and that all reasonable
measures are taken to avoid further disturbance of the discoveries.
The Recipient's contractor will provide immediate notice of such discoveries to the
Recipient. The Recipient will notify the Florida Division of Historic Resources, the FDEM
State Environmental Liaison Officer and FEMA within 24 hours of the discovery. Work in the
vicinity of the discovery may not resume until FEMA and the FDEM have completed
consultation with SHPO, Tribes, and other consulting parties as necessary.
In the event that unmarked human remains are encountered during permitted activities, all
work shall stop immediately and the proper authorities notified in accordance with Florida
Statutes, Section 872.05.
ve O
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4) Construction vehicles and equipment used for this project shall be maintained in good
working order to minimize pollutant emissions.
5) Best management practices will be used during project work to minimize soil erosion,
sediment migration and turbidity with special focus on work in or around wetlands and other
sensitive areas. A National Pollutant Discharge Elimination System (NPDES) stormwater
permit must be obtained (if area of disturbance will be greater than one acre). The
Recipient will need to prepare and implement a Storm Water Pollution Prevention Plan
(SWPPP). A copy of the Notice of Intent (NOI) submitted to use the State of Florida
Generic Permit for stormwater discharge from construction activities; response letter from
Florida Department of Environmental Protection (FDEP) if provided; and a copy of the
Notice of Termination (NOT) must be submitted at project closeout.
6) For project closeout, the Recipient must provide verification of compliance with the South
Florida Water Management District ( SFWMD) General Permit modification for the
Environmental Resource General Permit No. 11- 01140 -S, issued January 19, 2012; and
SFWMD General Water Use Permit No. 11- 03310 -W for dewatering activities.
E. Programmatic:
1) If the Recipient is not the current title holder of the affected properties, the Recipients must
provide documentation confirming the property acquisition and easement rights were
obtained voluntarily. If condemnation or eminent domain is used to obtain easement rights,
FEMA will not pay for any associated costs or payments to the property owner.
Furthermore, FEMA will not consider it an eligible contribution to the non - Federal cost share
requirement and will not financially participate in that component of a project if land or
easements are obtained involuntarily.
2) A change in the scope of work MUST be approved by the Division and FEMA in advance
regardless of the budget implications.
3) The Recipient must notify the Division as soon as significant developments becomes known,
such as delays or adverse conditions that might raise costs or delay completion, or
favorable conditions allowing lower costs or earlier completion.
4) The Recipient must "obtain prior written approval for any budget revision which would result
in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA.
5) Any extension of the Period of Performance must be submitted to FEMA, 60 days prior to
the expiration date. Therefore, any request for a Period of Performance Extension must be
in writing and submitted along with substantiation of new expiration date, and a new
schedule of work, to the Division a minimum of seventy (70) days prior to the expiration
date, for Division processing to FEMA.
6) The Recipient must avoid duplication of benefits between the HMGP and any other form of
assistance, as required by Section 312 of the Stafford Act, and further clarification in 44
CFR 206.191.
F. Financial Consequences:
1) If the Recipient fails to comply with any term of the award, the Division shall take one or
more of the following actions, as appropriate in the circumstances:
a) Temporarily withhold cash payments pending correction of the deficiency by the
Recipient;
b) Disallow all or part of the cost of the activity or action not in compliance;
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C) Wholly or partly suspend or terminate the current award for the Recipient's program;
d) Withhold further awards for the program; or
e) Take other remedies that may be legally available.
This is FEMA Project Number 1785 -27 -R, is funded under HMGP- 1785- DR -FL.
The project was awarded by FEMA on August 13, 2010; the Sub - grantee Agreement was
executed on January 11, 2011; and the Period of Performance (POP) for this project shall end
on August 31, 2015.
SCHEDULE OF WORK
Phase I —
Design, Engineering, Permitting and Survey:
Phase II
Construction Plan/Technical Specifications:
Bidding:
Construction:
Weather Delays:
Final Inspection:
Total Period of Performance:
BUDGET
Line Item Budget*
Phase I
Fees: Design, Permitting, Survey
Phase 11
Materials:
Labor:
Phase II Sub - total:
Total
Project Cost
$65,600.00
$402,141.00
$50,215.00
$452,356.00
$517,956.00
24 Months
3 Months
3 Months
22 Months
4 Months
4 Months
60 Months
Federal Share
$49,200.00
$301,606.00
$37,661.00
$339,267.00
$388,467.00
Local Share
$16,400.00
$100,535.00
$12,554.00
$113,089.00
$129,489.00
* Any line item amount in this Budget may be increased or decreased 10% or Jess without an
amendment to this Agreement being required, so long as the overall amount of the funds
obligated under this Agreement is not increased.
Funding Summary
Federal Share : $388,467.00 (75 %)
Local Share: $129,489.00 (25 %)
Total Project Cost:** $517,956.00 (100°x)
* *The project cost is inclusive of administrative cost.
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