Backup Documents 01/22/2013 Item #16A 1 . _ .
ORIGINAL DOCUMENTS CHECKLIST & ROUTING 16 A I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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
4. BCC Office Board of County ! (
Commissioners 1/2`'' /i>
5. Minutes and Records Clerk of Court's Office
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 Margaret Bishop Phone Number 252-5857
Contact/ Department I
Agenda Date Item was 1-22-13 Agenda Item Number 16A1
Approved by the BCC
Type of Document Modification to Subgrant Agreement Number of Original 4
Attached Documents Attached
PO number or account -•A! -A•! ! . !
number if document is
to be recorded .rc..)\— v`^cd e..
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? ,),1el,,i)
2. Does the document need to be sent to another agency for additional signatures? If yes, 1, r
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. ' 1 w�
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the.Chairman,with the exception of most letters,must be reviewed and signed e -3,,.\
by the Office of the County Attorney. ` L‘'
4. All handwritten strike-through and revisions have been initialed by the County Attorney's r
Office and all other parties except the BCC Chairman and the Clerk to the Board CIDA/
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. le
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's /�
signature and initials are required. I/
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item ' input into SIRE.
Some documents are time sensitive and require forwarding to Tallaha see within a certain
time frame or the BCC's actions are nullified. Be aware of your d dlines!
..(.. A.)
8. The document was approved by the BCC on January 22,2013 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. A
9. Initials of attorney verifying that the attached document is the version approved by th
BCC,all changes directed by the BCC have been made,and the document is ready ••r the ' `'I ,
Chairman's signature.
I:Forms/County Forms/BCC,Forms/Original Documents Routing Slip W\Original 9.03.04,Revised 1.26.0�isee '.24.05;Revised 11/30
16A1
1iolly.swift@em.myflorida.com.
Submit contract to:
Florida Division of Emergency Management
Hazard Mitigation Grant Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Attn: Kathleen Marshal
Thank you,
Holly Swift
Project Manager, HMGP- 1785 & 1840
Mitigation Bureau
Florida Division of Emergency Management
2702 Director's Row
Orlando, FL 32809
Office: 407-888-3781
Fax: 407-251-2590
Holly.SwiftPem.myflorida.com
www.Fl orid a Disas ter.org
i-CoLtrity-of Collier
16A 1
CLERK OF THE CIRCUf'. COURT
Dwight E. Brock COLLIER COUNTY C6URTH SE
3315 TAMIAMI TRAI�� AST ST 102 Clerk of Courts
Clerk of Courts Accountant
P.O. BOX 413044 Auditor
NAPLES, FLORIDA 34101-3044 Custodian of County Funds
January 29, 2013
f
Florida Division of Emergency Management
Hazard Mitigation Grant Program
Attn: Kathleen Marshal
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Re: Modification to Sub-grant Agreement between the Division of
Emergency Management and Collier County
Contract Number: 11HM-3E-09-21-01-004
Project Number: 1785-27-R
Dear Mr. Armstrong:
Transmitted herewith, you will find four (4) originals for your signature, of the
above referenced contracts, adopted by the Board of County Commissioners of
Collier County, Florida, Tuesday, January 22nd, 2013 during Regular Session.
Please return the four (4) fully executed contracts, our office has provided a
return envelope.
Thank you.
Very truly yours,
DWIGHT E. BROCK, CLERK
■
riLLQA),_,\IAlms
Martha Vergara,
Deputy Clerk
Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755
Website - www.collierclerk.com Email - colliercierk @collierclerk.com
16
Al
From: Swift.Holly
To: BishooMaraaret
Subject: 1785-27-R,Collier County-Contract Modification#2
Date: Monday,December 03,2012 3:06:57 PM
Attachments: 1755-27-R.Contract MOD#2-12-03-12.odf
Importance: High
REF: HMGP 1785-27-R, Collier County, Haldeman Creek Storm water Improvements
& Lock Louise Weir Reconstruction, Drainage — Phase II
The proposed contract modification has been forwarded to you electronically, if you are
unable to print the attached documentation or have any questions or concerns please
contact the project manager listed below.
The Florida Division of Emergency Management (FDEM) is pleased to inform you that the
obligation of HMGP funds for the Phase II — Construction 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 Contract Modification between Collier County
(Recipient) and FDEM (Division). Please print four(4) copies of the contract modification
(single sided). The official representative, as listed below, will need to sign each of the
four signature pages; Please sign in blue ink. All four(4) signed original contract
modifications should then be sent to the Tallahassee address listed below for full
execution no later than ninety (90) days after receipt of this e-mail for final execution by
the FDEM. One original fully executed contract modification will be returned to the Collier
County for its files.
Official Representatives:
County: Chairman of the Board of Commissioners
City: Mayor
Indian Tribe: Chief or President
Water Management District: Chairman
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.
Additional assistance is available regarding your approved project on the Florida Division
of Emergency Management Website:
http://www.floridadisaster.org/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, requests for Working
Capital Advance payment, reporting requirements and supporting documents containing
important points, as well as close-out checklists.
If you have questions regarding this contract modification or who is authorized to sign it,
please contact your project manager, Holly Swift at 407-888-3781 or email
16
A i
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 Two is made and entered into by and between the State of
Florida, Division of Emergency Management("the Division"), and Collier County ("the
Recipient")to modify the Division's Contract Number 11HM-3E-09-21-01-004, dated January
11, 2011 ("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a sub-grant under the Hazard Mitigation Grant Program of
$49,200.00; Federal funds for Phase I; and
WHEREAS, the Division and the Recipient desire to modify the Agreement; and
WHEREAS, the Agreement expired on February 9, 2012; and
WHEREAS, the Division and the Recipient desire to reinstate the Agreement, extend the
terms of the Agreement, and modify the Budget and Scope of Work, and Exhibit 1; and
WHEREAS, the Division now intends to provide additional funds to the Recipient of
$339,267.00 in Federal funds for Phase II—Construction; and
WHEREAS, the funds for Phase I were expended on or before August 15, 2012, and the
Phase II— Construction funds must be expended on or before August 31, 2014.
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:
This Agreement shall begin on August 13, 2010 and shall end August 31, 2014,
unless terminated earlier in accordance with the provisions of Paragraph (12) of this
Agreement.
3. The Agreement is amended to increase the maximum amount payable under the
Agreement to Three Hundred Eighty-Eight Thousands, Four Hundred Sixty-Seven
Dollars and No Cents ($388,467.00).
4. Exhibit 1 to this Agreement is hereby deleted in its entirety, and the Revised Exhibit 1 is
attached hereto and is substituted in its place and stead.
5. The Budget and Scope of Work, Attachment A to this Agreement, is hereby modified as
set forth in Attachment A (2nd Revision)to this modification, a copy of which is attached
hereto and incorporated herein by reference.
16A1
6. The Agreement is modified as to any and all reference to "Department of Community
Affairs", be replaced with "Division of Emergency Management", as incorporated herein
by reference.
7. All provisions of the Agreement being modified and any attachments thereto in conflict
with Modification shall be and are hereby changed to conform to this Modification,
effective as of the date of the last execution of this Modification by both parties.
8. 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.
9. 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 closeout report. The ending dates of each quarter of the program year
are March 31, June 30, September 30, and December 31.
IN WITNESS WHEREOF, the parties hereto have executed this modification as of the
dates set out below.
r--- f
RECIPIENT •O IE • COUNTY
By: iA
Name a I"itle:GEORGIA A. HILLER, ESQ. , CHAIRWOMAN
Date: 1/22/13
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Bryan W. Koon, Director
Date:
....... r fsu'
ATTEST:,. .3-4,: 1
DWIGHT E:'aRoC k,CLERK
BY: •11.' A , �' Deputy County Attorney
,ads .
Attfit •1 to,,Ch,i-t
110.4' �Jn
`
. 4 . s .n
bAt
EXHIBIT—1
(Revised)
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Federal Program: Federal Emergency Management Agency:Hazard Mitigation Grant
Catalog of Federal Domestic Assistance Number: 97.039
Amount of Federal Funding: $388,467.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
• OMB Circular A-110 Uniform Administrative Requirements for Grants and Cooperative
Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations
• OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative
Agreements with State and Local Governments
•
• OMB Circular A-21 Cost Principles for Educational Institutions
• OMB Circular A-133 Audits of State, Local Governments, and Non Profit Organizations
Commonly Applicable Statutes and Regulations
• The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288,
as amended, 42 U.S.C. 5121 et seq., and Related Authorities
• Sections 1361(A) of the National Flood Insurance Act of 1968 (NFIA, or"the Act"), 42 USC
4104c, as amended by the National Flood Insurance Reform Act of 1994(NFIRA), Public
Law 103-325 and the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004,
Public Law 108-264
• Title 44 of the Code of Federal Regulations(CFR)
• 44 CFR Part 80 Property Acquisition and Relocation for Open Space
• 44 CFR Part 10 Environmental Considerations
• 44 CFR Part 13 Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
• 31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities:
• Localized Minor Drainage Improvement
• Intermediate Stormwater Drainage System
• Major Flood Control Drainage System
2. Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
NOTE: Section .400(d)of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
15
16A1
Attachment A
(2"d Revision)
Budget and Scope of Work
Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Collier County, proposes to improve the
drainage to the Loch Louise Weir and Haldeman Creek Stormwater located in Naples, Florida 34112.
Phase I study to determine modifications needed to improve and upgrade the existing drainage system.
Phase I will provide funding for completion of design, permitting and geotechnical surveying process for
this proposal.
The Phase II — Construction 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.
Project Conditions:
A. Phase I deliverables:
1) Have an 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 elevation(s)of
the infrastructure/structures that is being damaged and the Federal Emergency Management
Agency(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) Refine the cost estimate. 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 State and FEMA before Phase II is considered.
7) No construction work may begin until Phase II is approved
Note: Phase I-deliverables conditions have been met and Phase II-Construction is approved.
B. Phase II-Construction
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
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16A1
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 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)will require re-submission
of the application to FEMA for NEPA re-evaluation before starting project work.
3) If ground disturbing activities occur 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
4) 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.
5) Construction vehicles and equipment used for this project shall be maintained in good working order
to minimize pollutant emissions.
6) Best management practices will be used during project work to minimize soil erosion, sediment
migration and turbidity. 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.
7) At 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 the SFWMD General Water Use
Permit No. 11-03310-W for dewatering activities.
8) A change in the scope of work MUST be approved by the Division and FEMA in advance regardless
of the budget implications.
9) 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.
10) 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.
11) Any extension of the period of performance must be submitted to FEMA, 60 days prior to the
expiration date. Request must be in writing and submitted along with substantiation of new date,
and a new schedule of work, to the Division a minimum of five(5)working days for processing.
12) 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
17
l6Aj
This is FEMA project number 1785-27-R,funded under 1785-DR-FL.
The project began on August 13, 2010 and the Period of Performance (POP) for this project
ends on August 31,2014
Schedule of Work
Phase I—
Design, Engineering, Permitting and Survey: 24 Months
Phase II
Construction Plan/Technical Specifications: 3 Months
Bidding: 3 Months
Construction: 10 Months
Weather Delays: 4 Months
Final Inspection: 4 Months
Total Period of Performance: 48 Months
Budget
Line Item Budget*
Phase I Project Cost Federal Share Local Share
Fees: Des_in, 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.
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16A • r
ply
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
RICK SCOTT BRYAN W.KOON
Governor Director
February 13, 2013
Ms. Margaret Bishop, P.E.
Senior Project Manager
Collier County
2885 South Horseshoe Drive
Naples, Florida 34104
Re: FEMA Project Number 1785-27-R, Collier County
Drainage Project
Dear Ms. Bishop:
Enclosed is the executed Hazard Mitigation Grant Program contract modification number(2)
(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.org/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) 888-3781.
Respectfully,
47/141
Miles E. Anderson
Bureau Chief, Mitigation
State Hazard Mitigation Officer
MEA:vsa
Enclosures
FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER
5900 Lake Ellenor Drive 2555 Shumard Oak Boulevard 2702 Directors Row
Orlando, FL 32809 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
Tel: 850-413-9969 • Fax: 850-488-1016
www FlcnoaDisaster.orq
1 6 A 1
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 Two is made and entered into by and between the State of
Florida, Division of Emergency Management("the Division"), and Collier County ("the
Recipient")to modify the Division's Contract Number 11 HM-3E-09-21-01-004, dated January
11, 2011 ("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a sub-grant under the Hazard Mitigation Grant Program of
$49,200.00; Federal funds for Phase I; and
WHEREAS, the Division and the Recipient desire to modify the Agreement; and
WHEREAS, the Agreement expired on February 9, 2012; and
WHEREAS, the Division and the Recipient desire to reinstate the Agreement, extend the
terms of the Agreement, and modify the Budget and Scope of Work, and Exhibit 1; and
WHEREAS, the Division now intends to provide additional funds to the Recipient of
$339,267.00 in Federal funds for Phase II—Construction; and
WHEREAS, the funds for Phase I were expended on or before August 15, 2012, and the
Phase II— Construction funds must be expended on or before August 31, 2014.
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:
This Agreement shall begin on August 13, 2010 and shall end August 31, 2014,
unless terminated earlier in accordance with the provisions of Paragraph (12)of this
Agreement.
3. The Agreement is amended to increase the maximum amount payable under the
Agreement to Three Hundred Eighty-Eight Thousands, Four Hundred Sixty-Seven
Dollars and No Cents ($388,467.00).
4. Exhibit 1 to this Agreement is hereby deleted in its entirety, and the Revised Exhibit 1 is
attached hereto and is substituted in its place and stead.
5. The Budget and Scope of Work, Attachment A to this Agreement, is hereby modified as
set forth in Attachment A (2nd Revision)to this modification, a copy of which is attached
hereto and incorporated herein by reference.
16A ll i
6. The Agreement is modified as to any and all reference to "Department of Community
Affairs", be replaced with "Division of Emergency Management", as incorporated herein
by reference.
7. All provisions of the Agreement being modified and any attachments thereto in conflict
with Modification shall be and are hereby changed to conform to this Modification,
effective as of the date of the last execution of this Modification by both parties.
8. 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.
9. 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 closeout report. The ending dates of each quarter of the program year
are March 31, June 30, September 30, and December 31.
IN WITNESS WHEREOF,the parties hereto have executed this modification as of the
dates set out below.
/
RECIPIEN : •• I ` •UNTY
By:
Name and II:: • •GIA A. HILLER, ESQ. , CHAIRWOMAN
Date: 1/22/13
DIVISION OF EMERGEN M GEMENT
erialt
By:
tmName and Title: Bryan W. Koon, Director
Date: Q J/4LJJ ).
ATTE 'f',- ,-:, as fo
[MMGXrf'e,. Ci,-CLERK
a
BY �
_. /Alf& • Deputy County Attorney
16A1 ippi
EXHIBIT—1
(Revised)
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Federal Program: Federal Emergency Management Agency:Hazard Mitigation Grant
Catalog of Federal Domestic Assistance Number: 97.039
Amount of Federal Funding: $388,467.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
• OMB Circular A-110 Uniform Administrative Requirements for Grants and Cooperative
Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations
• OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative
Agreements with State and Local Governments
•
• OMB Circular A-21 Cost Principles for Educational Institutions
• OMB Circular A-133 Audits of State, Local Governments, and Non Profit Organizations
Commonly Applicable Statutes and Regulations
• The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288,
as amended,42 U.S.C. 5121 et seq., and Related Authorities
• Sections 1361(A)of the National Flood Insurance Act of 1968(NFIA, or"the Act"), 42 USC
4104c, as amended by the National Flood Insurance Reform Act of 1994(NFIRA), Public
Law 103-325 and the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004,
Public Law 108-264
• Title 44 of the Code of Federal Regulations(CFR)
• 44 CFR Part 80 Property Acquisition and Relocation for Open Space
• 44 CFR Part 10 Environmental Considerations
• 44 CFR Part 13 Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
• 31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities:
• Localized Minor Drainage Improvement
• Intermediate Stormwater Drainage System
• Major Flood Control Drainage System
2. Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
NOTE: Section .400(d)of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
15
16A 1 .1
Attachment A
(2"d Revision)
Budget and Scope of Work
Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Collier County, proposes to improve the
drainage to the Loch Louise Weir and Haldeman Creek Stormwater located in Naples, Florida 34112.
Phase I study to determine modifications needed to improve and upgrade the existing drainage system.
Phase I will provide funding for completion of design, permitting and geotechnical surveying process for
this proposal.
The Phase II — Construction 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.
Project Conditions:
A. Phase I deliverables:
1) Have an 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 elevation(s)of
the infrastructure/structures that is being damaged and the Federal Emergency Management
Agency(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) Refine the cost estimate. 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 State and FEMA before Phase II is considered.
7) No construction work may begin until Phase II is approved
Note: Phase I—deliverables conditions have been met and Phase II—Construction is approved.
B. Phase II—Construction
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
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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 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)will require re-submission
of the application to FEMA for NEPA re-evaluation before starting project work.
3) If ground disturbing activities occur 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
4) 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.
5) Construction vehicles and equipment used for this project shall be maintained in good working order
to minimize pollutant emissions.
6) Best management practices will be used during project work to minimize soil erosion, sediment
migration and turbidity. 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.
7) At 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 the SFWMD General Water Use
Permit No. 11-03310-W for dewatering activities.
8) A change in the scope of work MUST be approved by the Division and FEMA in advance regardless
of the budget implications.
9) 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.
10) 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.
11) Any extension of the period of performance must be submitted to FEMA,60 days prior to the
expiration date. Request must be in writing and submitted along with substantiation of new date,
and a new schedule of work,to the Division a minimum of five(5)working days for processing.
12) 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
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This is FEMA project number 1785-27-R,funded under 1785-DR-FL.
The project began on August 13, 2010 and the Period of Performance (POP) for this project
ends on August 31, 2014
Schedule of Work
Phase I—
Design, Engineering, Permitting and Survey: 24 Months
Phase II
Construction Plan/Technical Specifications: 3 Months
Bidding: 3 Months
Construction: 10 Months
Weather Delays: 4 Months
Final Inspection: 4 Months
Total Period of Performance: 48 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 11
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.
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