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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. Packet Page -1326- 11/18/2014 16.A.28. 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 Packet Page -1327- 11/18/2014 16.A.28. 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 Packet Page -1328- 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 Packet Page -1329- 11/18/2014 16.A.28. 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: Packet Page -1330- 11/18/2014 16.A.28 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 Packet Page -1332- 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 Packet Page -1333- 11/18/2014 16.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 Packet Page -1331- 11/18/2014 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. Packet Page -1334- Gr 11/18/2014 16.A.28. 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 U¢ Packet Page -1335- 11/18/2014 16.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 v� Packet Page -1336- 11/18/2014 16.A.28. 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 Packet Page -1337- 11/18/2014 16.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; OU Packet Page -1338- 11/18/2014 16.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: 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. 0 Packet Page -1339-