#H0309 (FL Division of Emergency Management) 16A27
Contract Number: H0309
Project Number: 4337-192-R
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
This Modification Number One made and entered into by and between the State of
Florida, Division of Emergency Management ("the Division"), and the Collier County Board of
County Commissioners ("the Sub-Recipient") to modify Contract Number H0309, dated,
February 13, 2020 ("the Agreement").
WHEREAS, the Division and the Sub-Recipient have entered into the Agreement,
pursuant to which the Division has provided a subgrant to the Sub-Recipient under the Hazard
Mitigation Grant Program of$69,750.00, in Federal Funds; and
WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and
WHEREAS, the Agreement expired on October 30, 2020; and
WHEREAS, the Division and the Sub-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 8 of the Agreement is hereby amended to read as follows:
(8) PERIOD OF AGREEMENT
This Agreement shall begin February 13, 2020 and shall end October 31, 2021,
unless terminated earlier in accordance with the provisions of Paragraph (17) of this
Agreement.
3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as
set forth in 1st Revision Attachment A to this Modification, a copy of which is attached
hereto and incorporated herein by reference.
4. 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.
5. 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.
6. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the
dates set out below.
SUB-RECIPIENT: Collier County Board of County Commissioners
By: f, %t
Name and Title:?en QS.�n . ('Yciir
Date: 1• 12"Q1
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Digitally signed by Miles E.Anderson
MilesE. Anderson emaDN:can==MMilesil E.es.anderso Andersn@eon,m.m o=yforiDEM,da.oocom,=Mitigation,cUS=
By: Date:2021.02.22 17:14:45-05'00'
Name and Title: Jared Moskowitz, Director
Date: Q2/22/7071
ATTEST
CRYSTAL K.KINZEL,CLERK pproved to fo
egali
Scott R. Teach, Dep ty County Attorney
CaiXAA40,-
Attest as t0 CIfIli3I1'S
signature°My':
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Attachment A
(15t Revision)
Budget and Scope of Work
STATEMENT OF PURPOSE:
The purpose of this Scope of Work is to improve drainage on Solana Road in Naples, Collier
County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-192-
R, as approved by the Florida Division of Emergency Management (Division) and the Federal
Emergency Management Agency (FEMA).
The Sub-Recipient, Collier County Board of County Commissioners, shall conduct Phase I of
this project, which includes the preliminary engineering designs and calculations, surveys,
permitting, and notices. No construction activities are approved at this time. The Sub-Recipient
shall complete the Phase I work in accordance with all applicable federal, state and local laws,
regulations and codes.
PROJECT OVERVIEW:
As a Hazard Mitigation Grant Program project, the Sub-Recipient proposes to improve the
drainage of a section of Solana Road starting at the intersection of Solana Road and Burning
Tree Drive and extending east for approximately 400 feet in Naples, Florida, 34105.
Coordinates (26.196880, -81.788489 and 26.196825, -81.786840).
The scope is for Phase I only, which includes but is not limited to surveying, engineering,
design, plans preparation, permitting and bidding for the proposed project, for Phase II
approval. No construction activities for this project have been approved.
When completed, the Sub-Recipient shall provide deliverables for Phase II review of the
following proposed activities.
The Phase II proposed scope of work shall include to extend the culvert to replace the
undersized piping and the reconstruction of approximately 1,000 feet of the open ditch section
east of the terminus of the new box culvert to the river. The Solana stormwater improvement
project will mitigate the flooding of the neighborhood communities in the upper Gordon River
Basin.
The project shall be designed to provide protection against a 25-year storm event. Activities
shall be completed in strict compliance with Federal, State and Local applicable Rules and
Regulations.
TASKS&DELIVERABLES:
A) Tasks:
1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor
and execute a contract with the selected bidder to complete the Phase I scope of work as
approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed
Florida contractor in accordance with the Sub-Recipient's procurement policy as well as all
federal and state laws and regulations.
All procurement activities shall contain sufficient source documentation and be in
accordance with all applicable regulations.
The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure
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worksite for the duration of the work. The contractor shall maintain all areas in a neat and
presentable condition.
The Sub-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 Sub-Recipient shall provide
documentation demonstrating the results of the procurement process. This shall 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 Sub-Recipient shall 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 shall be provided to the Division
by the Sub-Recipient.
The Sub-Recipient shall provide copies of professional licenses for contractors selected to
perform services. The Sub-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 the selected contractor.
2) The Sub-Recipient shall monitor and manage the Phase I portion of this project in
accordance with the Hazard Mitigation Grant Program application and supporting
documentation as submitted to the Division and subsequently approved by the Division and
FEMA. The Division and FEMA shall render a Phase II determination upon completion of
the review of Phase I deliverables. No construction activities are approved at this time. The
Sub-Recipient shall ensure that all applicable state, local and federal laws and regulations
are followed and documented, as appropriate.
Phase I consists of fees; for conducting survey, drainage study, engineering, design, public
notices, and/or permitting associated with the modification(s) needed to upgrade the
drainage. Verification of upstream and downstream impacts shall be necessary for
determining project eligibility.
All Phase I work shall be completed in accordance with all applicable state, local and federal
laws and regulations and documented, as appropriate.
Upon completion of Task 2, the Sub-Recipient shall submit the following documents with
sufficient supporting documentation, and provide a summary of all scope of work changes,
if any.
a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and
Hydrologic and Hydraulic (H&H) Studies.
b) Construction Plans and bid documents.
c) Revised cost estimate for Phase II — construction (include Phase I costs), to implement
the design project.
d) Design documents shall provide a detailed description which includes specifics on
project scope of work, depth and extent of ground disturbance at all construction
locations of the project.
e) Color maps including topographical, aerial, and ground disturbance.
f) Color photographs of the project area and areas of ground disturbance.
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g) Copy of all environmental permits or applications; any obtained from the Florida
Department of Environmental Protection (FDEP), and/or local Water Management
District (WMD) shall be required. Any conditions for compliance shall be included in
the final design plans, narrative and project implementation actions.
h) Copy of the United States Army Corps of Engineers (USACE) permit or No Permit
Required notification.
i) Any other documentation requested by the Division, not limited to Project Conditions
and Requirements herein.
3) During the course of this agreement, the Sub-Recipient shall submit requests for
reimbursement. Adequate and complete source documentation shall 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 Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel
with each reimbursement request attesting to the completion of the work, that
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 Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure
invoices are accurate and any contracted services were rendered within the terms and
timelines of this agreement. All supporting documentation shall agree with the requested
billing period. All costs submitted for reimbursement shall 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.
Direct Expenses: The Sub-Recipient shall 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. Sub-Recipient shall ensure that
all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify
the activities being performed and associated costs.
Project Management Expenses: The Sub-Recipient shall pre-audit source documentation
such as payroll records, project time sheets, attendance logs, etc. Documentation shall be
detailed information describing tasks performed, hours devoted to each task, and the hourly
rate charged for each hour including enough information to calculate the hourly rates based
on payroll records. Employee benefits shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of
information. Further, the Division shall ensure that no unauthorized work was completed
prior to the approved project start date by verifying vendor and contractor invoices. The
Division shall 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, shall be conducted by
the Division in coordination with the Sub-Recipient.
Quarterly reports shall be submitted by the Sub-Recipient and received by the Division at
the times provided in this agreement prior to the processing of any reimbursement.
The Sub-Recipient shall submit to the Division requests for reimbursement of actual Phase
I costs related to the project as identified in the project application and this scope of work.
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The Requests for Reimbursement (RFR) shall 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 Sub-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 Sub-Recipient's Request for Reimbursement shall include the final Phase I project cost.
Supporting documentation shall show that all contractors and subcontractors have been
paid.
B) Deliverables:
Mitigation Activities consist of Phase I activities,which include engineering, designing, plans
preparation, permitting and bidding for the proposed project, for Phase II approval, and to
implement measures to improve the drainage of a section of Solana Road starting at the
intersection of Solana Road and Burning Tree Drive and extending east for approximately
400 feet in Naples, Florida, 34105.
The project shall be designed to provide protection against a 25-year storm event. Activities
shall be completed in strict compliance with Federal, State and Local applicable Rules and
Regulations.
Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this
Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of
overall project completion.
PROJECT CONDITIONS AND REQUIREMENTS:
C) Engineering:
1) The Sub-Recipient shall submit signed and sealed Engineering plans that clearly show 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). The H&H study shall contain at least 3 scenarios, where one represents the
level of protection; under each scenario, the Sub-Recipient must identify the losses before
and after mitigation (structural, content, displacement, road closure duration, or any other
needed to show the improvements after the mitigation project is implemented). 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
elevation(s) of the infrastructure/structures that are being damaged and FEMA Special
Flood Hazard Areas on the same plan.
3) Submit a refined cost estimate, to include final Phase I Fees and Phase II Construction
Materials and Labor.
D) Environmental:
1) Any change to the approved scope of work shall require re-evaluation for compliance with
NEPA and other Laws and Executive Orders.
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2) Acceptance of federal funding requires the Sub-Recipient to comply with all federal, state,
and local laws. Failure to obtain all appropriate federal, state, and local environmental
permits and clearances may jeopardize federal funding.
3) Meet all required Environmental laws and policies, and all necessary Environmental
compliance documents shall be obtained as applicable.
a) United States Army Corps of Engineers (USACE): Consultation with the USACE is
required. A permit or No Permit Required shall be submitted.
b) Copy of all environmental permits or applications; any obtained from the Florida
Department of Environmental Protection (FDEP), and/or local Water Management
District (WMD) shall be submitted. Any conditions for compliance shall be included in
the final design plans, narrative, and project implementation actions.
4) Historical Preservation compliance documents shall be obtained. Review documentation
required:
a) Color maps including topographical and aerial with the project location clearly marked.
b) Color photographs of any area with ground disturbance (electronic).
c) Indicate if project site is located within a designated historic district or historic
neighborhood.
5) Tribal Consultation shall be required for proposed ground disturbing activities. The following
documents shall be required and submitted as part of deliverables:
a) Color ground disturbance maps showing the full extent of the project footprint and depth
of ground disturbance. Geographic latitude/longitude (decimal degree format) of the
proposed construction areas and staging areas.
b) Previous and current use of proposed project area.
c) Any known site work or historic uses for the proposed location.
d) Any available studies that may have taken place on the property.
6) Phase I of this project is approved with the condition that the above list of deliverables shall
be submitted for review and approval by the Division and FEMA before Phase II is
considered.
7) No construction work may begin until Phase II is approved by the Division and FEMA.
E) Programmatic:
1) A change in the scope of work must be approved by the Division and FEMA in advance
regardless of the budget implications.
2) The Sub-Recipient must notify the Division as soon as significant developments become
known, such as delays or adverse conditions that might raise costs or delay completion, or
favorable conditions allowing lower costs or earlier completion.
3) The Sub-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.
4) A Public Notice shall be published to notify interested parties of the proposed activity.
Notices shall be published in a manner that anyone that may be affected or interested in
this project has access to the posting, using the Division template, as applicable.
5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to
the expiration date. Therefore, any request for a Period of Performance Extension shall be
in writing and submitted, along with substantiation of new expiration date and a new
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schedule of work, to the Division a minimum of seventy (70) days prior to the expiration
date, for Division processing to FEMA.
6) A copy of the executed subcontract agreement must be forwarded to the Division within
10 days of execution.
7) Phase I — Design of this project is approved with the condition that the enclosed list of
deliverables shall be submitted, 30 days prior to the Period of Performance date, for review
and approval by the Division, for submittal to FEMA before Phase II — Construction is
considered.
8) When Phase I is completed, the Sub-Recipient must provide 100% completed designs,
calculations, a full set of signed and sealed plans and, permits for a Phase II review. A final
BCA using developed technical data and study results will take place. The data inputs to
the final BCA for Phase II approval, must be based on the inputs and outputs of a hazard
related study such as erosion, Hydraulic & Hydrologic study, damage calculations, road
closures, etc. No assumptions or historical damage will be acceptable for final BCA of
Phase II approval. No construction activities for this project have been approved.
9) The Sub-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.
This is FEMA project number 4337-192-R. It is funded under HMGP, FEMA-4337-DR-FL and
must adhere to all program guidelines established for the HMGP in accordance with the PAS
Operational Agreement for Disaster 4337.
FEMA awarded this project on July 26, 2019; this Agreement was executed on February 13,
2020; and the Period of Performance for this project shall end on October 31, 2021.
F) FINANCIAL CONSEQUENCES:
If the Sub-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:
1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-
Recipient;
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program;
4) Withhold further awards for the program; or
5) Take other remedies that may be legally available.
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Schedule of Work
Phase I—
State/Local Contracting: 3 Months
Bidding / Local Procurement: 5 Months
Design Specifications: 12 Months
Permitting /Survey: 4 Months
Deliverables Submitted to FDEM: 3 Months
Total Period of Performance: 27 Months
BUDGET
Line Item Budget*
Project Cost Federal Share Non-Federal Share
Materials: $0.00 $0.00 $0.00
Labor: $0.00 $0.00 $0.00
Fees: $93,000.00 $69,750.00 $23,250.00
Initial Agreement
Amount: $93,000.00 $69,750.00 $23,250.00
***Contingency Funds: $0.00 $0.00 $0.00
Project Total: $93,000.00 $69,750.00 $23,250.00
*Any line item amount in this Budget may be increased or decreased 10% or less, with the
Division's approval, without an amendment to this Agreement being required, so Ion g as the
overall amount of the funds obligated under this Agreem ent is not increased.
***This project has an estimated$0.00 in contingency funds. Per FEMA Hazard Mitigation
Assistance Guidance Part VI, D.3.4 — Contingency funds are not automatically available for
use. Prior to their release, contingency funds must be re-budgeted to another direct cost
category and identified. Post-award changes to the budget require prior written approval from
the Division (FDEM). The written request should demonstrate what unforeseen condition
related to the project arose that required the use of contingency funds.
Project Management costs are included for this project in the amount of$0.00
Funding Summary
Federal Share: $69,750.00 (75.00%)
Non-Federal Share: $23,250.00 (25.00%)
Total Project Cost: $93,000.00 (100.00%)