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Consider accepting a Federal Emergency Management Agency Hazard Mitigation Grant Program award of $19,844,231 to augment funding for the Justice Campus Asset Protection Project; Delegate authority to the County Administrator or designee to execute any agreements, amendments, or other documents necessary to implement the grant requirements; Approve subsequent Appropriation Transfer Requests to recognize the unanticipated revenues for the project (4/5 vote required); Authorize the General Services Director to solicit bids, award construction and other project-related contracts, including any amendments, with County Counsel concurrence, to support project delivery within the grant period of performance and approved project budget; and Approve an exception to the Board's existing policy on Project Labor Agreements for this Project due to the period of performance
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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. Consider accepting a Federal Emergency Management Agency Hazard Mitigation Grant Program award of $19,844,231 to augment funding for the Justice Campus Asset Protection Project (Project);
2. Delegate authority to the County Administrator or designee to execute any agreements, amendments, or other documents necessary to implement the grant requirements;
3. Approve subsequent Appropriation Transfer Requests (ATRs) to recognize the unanticipated revenues for the project (4/5 vote required);
4. Authorize the General Services Director to solicit bids, award construction and other project-related contracts, including any amendments, with County Counsel concurrence, to support project delivery within the grant period of performance and approved project budget; and
5. Approve an exception to the Board's existing policy on Project Labor Agreements for this Project due to the period of performance.
SUMMARY:
Staff recommends the Board of Supervisors accept a $19,844,231 award from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) to augment funding for the Justice Campus Asset Protection Project (Attachment A). The project will protect critical County and court facilities in downtown Fairfield Justice Campus from future stormwater-related damage.
Given the significantly compressed 20-month grant period of performance, staff also recommends delegating authority to the County Administrator to execute grant-related documents; approving subsequent ATRs to recognize the unanticipated revenues; authorizing the General Services Director to solicit bids and award construction and project-related contracts and amendments, with County Counsel concurrence and within the approved project budget; and approving an exception to the County’s PLA policy due to unique schedule and funding constraints.
FINANCIAL IMPACT:
Through past board actions, a total of $13.6 million has been appropriated for the Justice Campus Asset Protection Project (BU 1791), with approximately $10.3 million remaining. These funds have supported the project’s engineering and design activities.
The FEMA HMGP award will increase total project funding to $33.4 million. Of the $19,844,231 in federal funding, $19,718,267 is allocated to construction and $125,964 to offset County project management costs. Staff is currently updating the total project cost based on the latest permit-ready construction documents and will return to the Board if additional funding is needed. A detailed project budget summary is attached (Attachment B).
The County previously cost-shared design expenses with the Justice Council of California (JCC) and expects a similar cost-share agreement for construction. Under this agreement, the County would cover 72.72% of non-FEMA grant costs, and the State would cover the remaining 27.28%.
FEMA’s period of performance ends February 2027, which is shorter than the original 36-month schedule estimated by Capital Projects Management (CPM) Division. Delays beyond this deadline risk forfeiting FEMA’s 10% completion retainage (approximately $1.984 million), increasing local/state cost share. Staff has requested CalOES assistance in seeking a time extension but has not yet received confirmation.
The costs associated with preparing the agenda item are nominal and absorbed by the department’s FY2024/25 Working Budget.
DISCUSSION:
Project Need and Background
The Justice Campus Asset Protection Project was developed in response to repeated flooding and stormwater damage to critical County and court buildings and disrupted operations at the Fairfield Hall of Justice, Law & Justice Center, Coroner’s Office, Office of Emergency Services, Fairfield Justice Center, and the Sheriff’s complex. The project started in 2008, with the County advising the JCC (formerly Administrative Office of the Courts) during its Due Diligence and Basis of Design phase. In 2018, project management transferred to Solano County to finalize design and construction documents. Over several years, the County, JCC representatives, and engineering consultants collaborated on hydrologic studies and facility assessments, ultimately designing a mitigation solution to prevent future stormwater intrusions, protect County assets, and ensure continuity of public safety and judicial services in downtown Fairfield Justice Campus.
Project Scope and Natural Hazard Protection
The Project is designed to mitigate the impacts of severe storm events by diverting external stormwater flows away from critical County and court facilities while maintaining internal drainage. The proposed improvements include a perimeter barrier system consisting of low walls, stormwater gates, and landscape berms. These features are designed to redirect offsite runoff away from County and court facilities while allowing onsite rainfall to drain through existing storm drains and pumped to a nearby drainage ditch.
The design also includes pedestrian and vehicle access ramps to maintain day-to-day operations and provide emergency access during storm events. The system is engineered to protect against a 15-year storm event, with an additional 12 inches of barrier freeboard to account for projected mid-century sea level rise. Hydrologic modeling confirms that the project will result in no net increase in offsite flows or downstream impacts.
Grant Award and Compressed Project Timeline
On May 22, 2025, the General Services Department received notice from CalOES, the primary recipient of FEMA’s HMGP funds, that FEMA is obligating $19.8 million for the Justice Campus Asset Protection Project in Fairfield. Solano County, as sub-recipient, will coordinate grant accounting and financial oversight through General Services Department.
Along with the award notice, FEMA has established a 20-month period of performance for the project, which is substantially shorter than the 36-month timeline originally anticipated by CPM. This significantly compresses the project delivery schedule. In response, CPM is actively re-sequencing and accelerating the project schedule, aiming to submit for permit review and initiate bidding in early summer, with construction anticipated to start by mid-to-late summer 2025.
Environmental Review and Categorical Exclusion
As part of the project grant application review, FEMA evaluated the project under the National Environmental Policy Act (NEPA) and determined it qualifies for a Categorical Exclusion under Category N9 - Federal Assistance for Flood Hazard Reduction Actions, thereby eliminating the need for an Environmental Impact Statement or Environmental Assessment. This determination was made in accordance with FEMA Instruction 108-1-1 and DHS Instruction Manual 023-01-001-01, Revision 1.
Implementation and Delegated Authority
To meet the grant’s 20-month period of performance, staff proposes using a multi-prime delivery method, overseen by Gilbane Building Company, the previously selected professional construction management firm. Staff recommends delegating authority to the General Services Director to take all necessary steps to bid the work and award construction and other project-related contracts and any amendments, with County Counsel concurrence, within the approved project budget.
Project Labor Agreement (PLA) Exemption
On May 13, 2014, the Board amended its policy on the use of PLAs, lowering the threshold for requiring a PLA from $10 million to $2.5 million. While County’s current policy requires PLAs for construction projects exceeding $2.5 million, staff recommends an exemption for this project due to the strict 20-month federal timeline and funding constraints. A PLA could delay procurement and workforce mobilization, jeopardizing compliance with grant requirements. An exemption will help broaden bidder participation, streamline contract executions, and support timely project delivery. All applicable state and federal labor laws, including prevailing wage and apprenticeship requirements, will continue to be observed.
ALTERNATIVES:
1. The Board could choose not to accept the grant and cancel the project. This is not recommended as it would forfeit $19.8 million in federal funds and leave critical Justice Campus facilities vulnerable to continued stormwater damage. Additionally, years of planning and design work would also be lost.
2. The Board could delay the project. This is not recommended, as the 20-month FEMA grant period of performance imposes strict timeline, and delays could jeopardize funding and increase costs.
3. The Board could direct staff to consider alternative solutions. This is not recommended as multiple solutions have been assessed over several years. The current design reflects consensus among key stakeholders, including the JCC, and local agencies, and is supported by detailed hydrologic analysis and design.
4. The Board could choose not to approve PLA exemption. This is not recommended as enforcing a PLA may delay project procurement and delivery, jeopardizing compliance with the FEMA schedule.
OTHER AGENCY INVOLVEMENT:
The General Services Department collaborated with the Resource Management Department, Sheriff’s Office, local Courts, and the JCC to define facility needs and assess vulnerabilities. All parties including the Cities of Fairfield and Suisun City, along with the Fairfield-Suisun Sewer District (due to their roles in surrounding stormwater and drainage infrastructure) have contributed to the development of the engineered design solution.
FEMA and CalOES have reviewed the grant application for eligibility and led the project’s environmental clearance under the NEPA. Their input has guided both project scope and performance requirements associated with the federal funding award.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION