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Authorize the Department of General Services to submit two grant applications for Federal Emergency Management Agency Hazard Mitigation Grant Program Funding and for Prepare California Match sub-application for a combined total of $24,000,000 to the California Governor's Office of Emergency Services (Cal OES) for the Solano Justice Campus Asset Protection Project for the period of January 1, 2023 through December 31, 2025; and Authorize the County Administrator, or designee to sign the application, grant award agreements and all associated documents, amendments, operational contracts, or reimbursement claims within budgeted appropriations
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department of General Services recommends that the Board of Supervisors:
1. Authorize the Department of General Services to submit two grant applications for Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) Funding and for Prepare California (PrepareCA) Match sub-application for a combined total of $24,000,000 to the California Governor's Office of Emergency Services (Cal OES) for the Solano Justice Campus Asset Protection Project for the period of January 1, 2023 through December 31, 2025; and
2. Authorize the County Administrator, or designee, to sign the application, grant award agreements and all associated documents, amendments, operational contracts, or reimbursement claims within budgeted appropriations.
SUMMARY:
The Department of General Services’ Capital Projects Management Division has developed an Asset Protection Project to prevent storm water intrusion, resulting damage to County buildings, disruption of operations at the Hall of Justice, adjacent Law & Justice Center, and nearby critical facilities. The estimated total project cost including anticipated escalation is currently $24M, to be shared proportionally between County (72.72%) and Judicial Council of California (27.28%).
The Department requests authorization to submit two grant applications for FEMA HMGP Funding and for PrepareCA Match to the Cal OES for the Solano Justice Campus Asset Protection Project for potential funding of up to 100% of total project cost.
FINANCIAL IMPACT:
Approved project funding from FY2008/09 through FY2021/22 totals $1,442,743 from the Accumulated Capital Outlay Fund and $12,132,000 from the Capital Renewal Reserve Fund, plus $41,832 Court’s share payment as of June 30, 2020 together totaling $13,616,575 in Budget Unit 1791. Expenses and encumbrances as of February 28, 2022 total $2,411,912 with a remaining available balance of $11,204,663. The estimated total project cost, including contingencies and potential escalation may be as much as $24M.
Fees of $28,300 for professional grant writing support can be absorbed within current project appropriations. FEMA HMGP funding of up to 75% of project cost and PrepareCA Match funding for the remaining 25% of project cost are potentially available to pay up to 100% of the currently estimated project cost. If awarded, staff will return to the Board with an Appropriation Transfer Request (ATR) to appropriate grant funds to offset prior and future project expenses. If grant funding is awarded, funds appropriated to the project can be re-purposed to fund other capital projects.
The costs associated with preparing this agenda item are nominal and absorbed by the department’s FY2021/22 Adopted Budget.
DISCUSSION:
Project Background -
Prior winter storm water flows from surrounding lands onto the downtown justice campus have damaged County buildings, disrupting operations at the Fairfield Hall of Justice at 600 Union Avenue, the adjacent Law & Justice Center at 530 Union Avenue as well as Sheriff’s facilities including the County Office of Emergency Services.
County and Judicial Council of California (JCC) representatives and joint consulting engineering teams have worked for several years on hydrologic studies and the design of a protection project to prevent future storm water intrusion, resulting damage, and disruption of Administration of Justice operations.
Project features include low barrier walls, storm water gates and landscaped berms around the campus supplemented with additional pump capacity. In addition to protecting current assets, the project helps safeguard land for future facility projects. Project Construction Documents are now at 90% completion, being readied for permit review.
Grant opportunity -
The Cal OES is meanwhile accepting sub-applications for project grant funding under two complementary programs: FEMA’s HMGP Funding and the State’s PrepareCA Match program (Attachment A).
In October 2021, Solano County’s Department of General Services’ Capital Projects Management (GSD-CPM) submitted a Notice of Interest on behalf of the project to the Cal OES/FEMA HMGP. On December 2, 2021, the project was deemed an eligible activity by Cal OES, and Solano County was invited to submit a full sub-application for consideration of federal HMGP funding of up to 75% of the project cost.
On January 31, 2022, Solano County CPM was further notified by Cal OES of the project’s eligibility for consideration under the State’s PrepareCA Match grant program to cover the remaining 25% funding match. Solano County GSD-CPM is now prepared to develop the corresponding combined project grant sub-application, including updated contingencies and potential escalation, with support from professional grant writing consultants, due to Cal OES on April 8, 2022, in pursuit of full State and Federal grant funding of the project. The Notice of Interest for PrepareCA Match is automatically linked to the FEMA HMGP which was previously submitted by GSD-CPM in October 2021.
Grant application review and schedule implications -
Initially, Cal OES evaluates HMGP and PrepareCA Match grant sub-applications, determining whether to submit to FEMA for final award determination. Conclusion of Cal OES review is expected in late summer or early fall, 2022. Final FEMA award determination is expected in calendar year 2023.
Construction costs incurred prior to final FEMA award are ineligible for reimbursement. Furthermore, Cal OES advises that groundbreaking or construction of any portion of the project prior to award may disqualify the entire project from FEMA funding consideration. Therefore, pursuit of HMGP funding means delaying bidding and construction from calendar year 2022 to sometime in calendar year 2023.
Consequently, the Hall of Justice and nearby County facilities must continue to rely on temporary storm water barriers for one or two additional rainy seasons before completion of the Asset Protection Project provides permanent in-place protection.
FEMA HMGP requires project work be completed within 36 months of award. Expected construction duration is 12-14 months from contractor mobilization. The project is subject to CEQA (and potentially NEPA) environmental review.
Prior Board Actions and Project Development -
On March 26, 2013, the Board authorized County participation in a joint project with the Administrative Office of the Courts (now Judicial Council of California - JCC) for the “Fairfield Flood Protection Validation and Conceptual Design Study” at the downtown Justice Campus.
With agreed-upon project management subsequently transferred to GSD-CPM, in June 2019 the Board approved additional agreements with Mead & Hunt, Incorporated (Mead & Hunt). for Schematic Design through Construction-ready Documents for the project. Project Construction Documents are now at 90% completion, being readied for permit review.
The upcoming final project phase will include bidding and construction, requiring additional appropriations to fully fund the project for construction, Professional Engineering fees, contracted Construction Management support and Staff project coordination for which final cost estimates are being developed.
Depending on the outcome of the competitive HMGP and PrepareCA Match process, Staff expects to return for approval of funding of bidding & construction phase in the first half of calendar year 2023, including approval to use Best Value project procurement.
ALTERNATIVES:
1. The Board could choose not to authorize the General Services Department to Submit a FEMA HMGP or PrepareCA Match sub-application for the Asset Protection Project. This action is not recommended because the project is not yet fully funded, and the County would lose the opportunity to potentially fund up to 100% of project cost from State and Federal sources rather than from County funds.
2. The Board could choose to direct the General Services Department to pursue other potential non-County sources of funds instead of the FEMA HMGP or PrepareCA Match for the Asset Protection Project. This action is not recommended because other non-County sources have not been identified to-date while the combined FEMA HMGP and PrepareCA Match program offer a unique opportunity to potentially fund up to 100% of project cost from State and Federal sources.
OTHER AGENCY INVOLVEMENT:
Project planning, due diligence and design input has been provided by stakeholders including the Sheriff’s Office, Resource Management Department, County Administrator’s Office, County Counsel, the Judicial Council of California and local Courts, City of Suisun City and City of Fairfield. Input on the HMGP and PrepareCA Match opportunity has been received from the County Administrator’s Office, Judicial Council of California and Cal OES.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION