Okaloosa County BOCC — January 19, 2016 — Bluewater Bay MSBU Agreement — reading text

local and federal laws and regulations are followed and documented, as appropriate. Phase I consists of fees; for conducting survey, drainage study, engineering, design, public notices, and/or permitting associated with the modification(s) needed to upgrade the drainage. Verification of upstream and downstream impacts shall be necessary for determining project eligibility. All Phase I work shall be completed in accordance with all applicable state, local and federal laws and regulations and documented, as appropriate. Notify the public of the intent to locate the proposed action in the floodplain or/and wetland. The notice shall be published at least once in a local newspaper of general circulation. The public shall be given at least fifteen (15) days to comment. The Recipient shall meet federal requirements of notification. Compliance shall be submitted with deliverables. Upon completion of Task 2, the Recipient shall submit a final copy of the below documents and any necessary supporting documentation, and provide a summary of all contract Scope of Work changes, if any. a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic (H&H) Studies; b) Construction Plans and bid documents; c) Revised cost estimate for Phase II – construction (include Phase I costs), to implement the design project; d) Design documents shall provide a detailed description which includes specifics on project Scope of Work, depth and extent of ground disturbance at all construction locations of the project. e) An H&H study shall be completed. If impacts to waters of the United States (US) or wetlands are identified in the study, coordination with U.S Army Corps of Engineers (USACE) shall be required. Any conditions imposed by the USACE shall be included in the final design plans, narrative and project implementation actions. 17  f) Color areal map shall be provided with the project location and staging areas clearly marked on map. The full extent of the project footprint and depth of ground disturbance shall be clearly indicated, including area in square feet and depth in feet. g) Information regarding past, present and future land use, and a detailed narrative on all proposed actions is required. h) Copy of all environmental permits obtained from the Florida Department of Environmental Protection (FDEP), Northwest Florida Water Management District (NWFWMD), USACE, and any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. i) Any other documentation requested by the Division, not limited to Project conditions and requirements herein. If any work is proposed to be conducted around/in the water, due to the proximity to the water and potential for listed species and protected areas/sanctuaries in the project area, the Recipient shall contact the USACE, for scoping assistance. Any conditions imposed by the USACE shall be included in the final design plans, narrative and project implementation actions. 3) During the course of this Agreement the Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this Scope of Work; however, a partial reimbursement may be requested. The Recipient shall 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 shall maintain accurate time records. The Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this Agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Direct Expenses: The Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved Scope of Work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the 18  Division in coordination with the Recipient. Quarterly reports shall 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 Phase I costs related to the project as identified in the project application and this Scope of Work. The Requests for Reimbursement (RFR) shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the 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 RFR shall include the final Phase I project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation activities consist of: • Project designs that shall implement measures to upgrade drainage system. • A hydraulic study and recommended improvements to the drainage system to mitigate future flooding in the area bound by Southwind Drive, Dominica Way, Aruba Way and Curacao Way. • The completed improvements for the project shall be designed to provide a 25-year protection. • The Recipient shall provide designs and calculations for Phase II review, including verification that there shall not be any upstream or downstream impact, and obtain required permits. Provided the Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Recipient shall submit Engineering plans 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 Hydrologic and Hydraulic (H&H) for the level of event being mitigated. 2) Design documents shall provide a detailed description which includes specifics on project Scope of Work, depth and extent of ground disturbance at all construction locations of the project. 3) An H&H study shall be completed; if impacts to waters of the United States or wetlands are identified in the study, coordination with USACE shall be required. Any conditions imposed by the USACE shall be included in the final design plans, narrative and project implementation actions. 19  4) 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/awards. 5) Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and elevation(s) of the infrastructure/structures that is being damaged and FEMA Special Flood Hazard Areas on the same plan. 6) Submit a refined cost estimate, to include Phase I Fees and Phase II Construction materials and Labor. A new Benefit Cost Analysis shall be performed using the revised information. D) Environmental: 1) The Recipient shall 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 shall 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) If any ground disturbance activities occur during construction, the Recipient will monitor those activities, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. 4) Color map shall be provided with the project location and staging areas clearly marked on the map. Color project maps that show the full extent of the project footprint and depth of ground disturbance shall be provided. 5) Copy of all environmental permits including an Environmental Resource Permit (ERP) from the NWFWMD and USACE permit shall be submitted. Any conditions for compliance shall be