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Backup Documents 11/18/2014 Item #16A28 1 6 A 2 ,9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO \.k.`9" THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 11/18/14 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office 7CfN 1I (21((y 3:32Pm PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Shane Cox, oad Maintenance Phone Number 252-5792 Contact/ Department Agenda Date Item was 11/18/14 Agenda Item Number l6-A Approved by the BCC Z Type of Document Modification to Subgrant Agreement Number of Original 4 Attached Documents Attached PO number or account (Only when the document is to be recorded number if document is in the Public Records) to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT See attached provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. email 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 11/18/14 and all changes made during SRT the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable ; 9. Initials of attorney verifying that the attached document is the version approved by theSM- BCC,all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. i I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 County of Collier 1 6 A28 CLERK OF THE C!RCt IT COURT COLLIER COUNTV' OURT\I-LOUSE 3315 TAMIAMI TRL E STE 102 Dwight E. Brock-bterk of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditorust-dian of County Funds November 24, 2014 Kathleen Marshall Hazard Mitigation Grant Program 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Ms. Marshall, Enclosed are four (4) originals of the Modification to Subgrant Agreement with the Division of Emergency Management and Collier County approved on November 18, 2014 by the Board of County Commissioners. Please forward for an additional signature and return one (1) fully executed original back to my office at the address below. Thank you and any questions, please contact me at 239-252-8411. Thank you Teresa Cannon, Deputy Clerk Mail to: Minutes & Records Department 3299 Tamiami Trail East, Suite #401 Naples, FL 34112-5746 eG-P t5- ate — 6D 43_ Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com ! NEW ; , FesEx, 1 6 A 2 8 . r y a FedEx 0 1 8 7 7 9 ryy rt Tracking Q '7 Form 0 2 0 0 Express f,tr ,'i i( r;i Number 8 0 5 ( in No 1 From Pease atendp hart' 4 Express Package Service •rammIaC.een Pec ! Sender's FedEx �y NOTE service orderhas changed.Please select carefully Fog= Date —F a` I Accqunt Number__ t niglaill Sender's64i Phone Earl n�1 g delivery ro earn i Name - ix l I acp-Ot1 l( FedEx Frst Overnight FedEx 2Day A.M. -- _-- ---- - -- - - - Second businervri0Tmg.• -Dations.Friday shipments IID delivered on Saturday Delivery NOT available. Monday unless SATURDAY Delivery is selected Company C-V i.1 r' je--V \ C-0(L-•r FedEx Priority Overnight FedEx 2Day ---- Next business mourn Eriday shipments _ cn - --�- --- - -- - --- --- --- -- delivered Monday amess SATURDAY Oelrvll� , Second bcsned rafternoon.•Tnurad will obee delivered ed Monday unless; Ch r� • ^'�',... selected Deli ry selected. CO Address 3a-99 A cut • (f 1.Q 'c suck*4 0 ( FedEx StandardOvernightL...; Next business afternoon.' FedEx Express Saver Cn -_-- -- - -- _-- ----- Third business da.Saturday Delivery NNOT evadable. Satud y Delivery NOT OT availablefl 5 O . • O2 • cI�- k) State ZIP 3s4 1 (^^� 5 Packaging •Declared nine timntae. x FedEx Envelope 7 7 FedEx Pak* FedEx -- FedE 2 Your Internal Billing Reference Box Tube Lo" Frst 24 characters will appear on invite. . 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Use thisne for the HOLD location address or rot continuation or opt shipping atldress-- -- ----- fedF roaymsebn locations CiaA �1 7 Payment Mar State ZIP __ _i_ Enter FedEx Acct.No.or Credit Card No.below. ___ Sender (-j ";, » C4pn r Recipient [ , Third Party ri Credit Card Nitt Cre65Care No be Total Packages Total Weight Total Declared Valuer 0 Easy new Peel-and-Stick airbill. No pouch needed. lbs $ -- .00 t0 ,bahtissa ded=to So moy= h„te nm=nSnea kmrs dMea`leDBay .rdfmnpApply airbill directly to your package.See directions on back. �gtme F Rev.Data ti12•Pert 0167002.020l2 FedEx•PRINTED IN U S A SIP 16A28 Teresa L. Cannon From: Putaansuu, Gary Sent: Monday, November 24, 2014 11:42 AM To: Teresa L. Cannon Cc: Cox, Shane Subject: RE:Item #16A28 from 11/18/14 BCC Mtg Tessa, The account number for Fedex is . I can't answer your question about the originals. Shane has a contact person with FEMA. If we sent 4 originals up to them, he can work with his counterpart there as to what needs to be sent back. Gary From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Monday, November 24, 2014 11:28 AM To: PutaansuuGary Subject: RE: Item #16A28 from 11/18/14 BCC Mtg Ok, Thanks. Also, it doesn't state on his memo...he supplied 4 originals to go to the State, I am assuming the State is to return 3 originals back to us? Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Putaansuu, Gary Sent: Monday, November 24, 2014 11:24 AM To: Teresa L. Cannon Cc: Lehmann, June; Cox, Shane; Putaansuu, Gary Subject: RE: Item #16A28 from 11/18/14 BCC Mtg Teresa, Yes, we do want it shipped Fedex. I will forward the account numbers once I find out what they are. Gary From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Monday, November 24, 2014 11:02 AM To: PutaansuuGary Subject: FW: Item #16A28 from 11/18/14 BCC Mtg 1 Canou helpme with this item since Shane is out? 16 A 28 Y Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Teresa L. Cannon Sent: Monday, November 24, 2014 10:34 AM To: Cox, Shane Subject: Item #16A28 from 11/18/14 BCC Mtg Hi Shane, I am processing your modification to subgrant agreements and getting them ready to go to Tallahassee, do you want them to go out regular mail or Fedex? If Fedex, can you provide a shipping account number.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. r-tr i rt!7r c.,?..i+€ (41,4t; a ,F«1<s.,p44' <Rf4 f*, O(t to< ,f.r 0;0 i-,4,0., ,,t ,c. .. ,rfrE ° ._ i.i°u b."t 4',;It, (. ,• ._ 2 Cc: OberrathKaren; TaylorLisa; Ash, Veronica Subject: 1785-27-R Request Review and Approval of Modification #3 1 6 2 d(- Importance: High REF: HMGP 1785-27-R, Collier County, Haldeman Creek Storm water Improvements & Lock Louise Weir Reconstruction, Drainage — Modification #3 The proposed contract n;. .las been forwarded to you electronically, if you are unable to print the attached docum n or have any quE ns or concerns please contact the project manager listed below. The Florida Division of Emergency Management (FDEM) is pleased to inform you that the extension request for your HMGP project has been approved. Please note that this is an eligible cost-reimbursement contract. The recipient may submit periodic requests for payment throughout the project process, consistent with the terms of the Contract Modifications. Attached is your copy of the proposed modification number three between Collier County and FDEM. Please review and approve; print four (4) copies of the attached modification - single sided, have the official representative, as listed below, to sign each signature page. (Please sign in oiue um). Official Representatives*: County Chairman of the Board of Commissioners City Mayor Indian Tribe Chief or President Water Management Chairman District Non-Profit Chairman of the Board "If there is an official that is not listed above who is authorized to sign the contracts for your organization, please provide a copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign. All four (4) of the signed originals should then be sent to the Tallahassee at the address listed below, for full execution no later than Thursday, December 4, 2014, for FDEM approval and execution. One original fully executed modification will be returned to the Collier County for your files. Submit all 4 copies of the modification to: Kathleen Marshall Hazard Mitigation Grant Program Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 REF: 1785-27-R - MOD#3 Additional assistance is available regarding your approved project on the Florida Division of Emergency Management Website http://whtm Please reference the heading: "Grant Management Tools List" which contains sample documents that will provide guidance for completing Requests for Reimbursement, requests for Working Capital Advance payment, reporting requirements and supporting documents containing important points, as well as close-out checklists. NOTE: I wiii irKe io review toe aiiacired modification with you; to highlight the changes tnai this modification • " talo 15 to 20 minutes. Pk-- contP as to the %ou. If you have questions regarding this modification, or who is authorized to sign it, please contact me at 407-888- 3720 or email me at Iy.swiftt em.myt Thank you, 2 16A28 8 Contract Number: 11 HM-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 11HM-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: 0 1 6 A 28 (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 16428 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. RECIPIEN • COLL R COUNTY By: Name and Title: TOM HENNING, CHAIRMAN Date: NOVEMBER 18 , 2014 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Bryan W. Koon, Director Date: ATTEST, Appr.v- as t. . a•d legality DWI MT E. BRQ ' 4 i.GLERK ZVI Scc R. Teach, Deputy County Attorney Attest as to Chairman's signature anti CA 1 6 Attachment A (3'd Revision) Budget and Scope of Work STATEMENT OF PURPOSE: 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 geotechnical 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 corner 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. 1 6 4 28 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. G�` 16 A28 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 Q 1 6 A 28 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 .16428 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 I 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 II 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. 1 6 A 28 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; 0 1 6 A 28 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: 24 Months Phase II Construction Plan/Technical Specifications: 3 Months Bidding: 3 Months Construction: 22 Months Weather Delays: 4 Months Final Inspection: 4 Months Total Period of Performance: 60 Months BUDGET Line Item Budget* Phase I Project Cost Federal Share Local Share Fees: Design, Permitting, Survey $65,600.00 $49,200.00 $16,400.00 Phase II Materials: $402,141.00 $301,606.00 $100,535.00 Labor: $50,215.00 $37,661.00 $12,554.00 Phase II Sub-total: $452,356.00 $339,267.00 $113,089.00 Total: $517,956.00 $388,467.00 $129,489.00 *Any line item amount in this Budget may be increased or decreased 10% or less 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%) **The project cost is inclusive of administrative cost. K � _ 8 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT BRYAN W.KOON Governor Director December 4, 2014 Mr. Shane Cox Senior Project Manager Collier County 3301 Tamiami Trail, East Naples, Florida 32773 Re: FEMA Project Number 1785-27-R, Collier County Drainage Project Dear Mr. Cox: Enclosed is the executed Hazard Mitigation Grant Program contract modification number (3) (DEM No. 11 HM-3E-09-21-01-004) between Collier County and the Division of Emergency Management. Additional assistance is available regarding your Project on the Florida Division of Emergency Management Website: http://www.floridadisaster.orq/mitigation/hazard/index.htm. Please reference the heading: "Grant Management Tools Listed Below" which contains sample documents that will provide guidance for completing requests for reimbursement, reporting requirements and supporting documents containing important points, and subgrantee close-out checklists. Please forward all Requests for Reimbursement (Attachment D) to the Division of Emergency Management at the following address: Holly Swift, Project Manager Florida Division of Emergency Management State Logistics Response Center 2702 Directors Row Orlando, Florida 32809 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Holly Swift at (407) 888-3720. Respectfully, Miles E. Anderson Bureau Chief, Mitigation State Hazard Mitigation Officer MEA:vsa Enclosure DIVISION HEADQUARTERS Tel: 850-413-9969 • Fax: 850-488-1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.orq 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 16A28 Contract Number: 11 HM-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 11HM-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: e 1 6 A 28 (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. GP 16428 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. RECIPIENT: COLLIER COUNTY B Name and Title: TOM NNING, CHAIRMAN Date: NOVEMBER 18 , 2014 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Miles F Anderson, for Name and Title: Bryan W. Koon, Director Date: i /r 11 f)m • ATTEST: PPr•v to fo)/:n. egality QW T e. SRO ► CLERK Sco . Teac , eputy County Attorney Attest as to Chairman's sinnature only, CA 1 6 A 2 8 Attachment A (3`d Revision) Budget and Scope of Work STATEMENT OF PURPOSE: 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 geotechnical 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 corner 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. 16 A 28 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. 16A28 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 • 16A28 2 8 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 6A 2R 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 I 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. 0 16A28 A 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; U4 1 6428 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: 24 Months Phase II Construction Plan/Technical Specifications: 3 Months Bidding: 3 Months Construction: 22 Months Weather Delays: 4 Months Final Inspection: 4 Months Total Period of Performance: 60 Months BUDGET Line Item Budget* Phase I Project Cost Federal Share Local Share Fees: Design, Permitting, Survey $65,600.00 $49,200.00 $16,400.00 Phase II Materials: $402,141.00 $301,606.00 $100,535.00 Labor: $50,215.00 $37,661.00 $12,554.00 Phase II Sub-total: $452,356.00 $339,267.00 $113,089.00 Total: $517,956.00 $388,467.00 $129,489.00 *Any line item amount in this Budget may be increased or decreased 10%or less 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%) **The project cost is inclusive of administrative cost. Cl)