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Approve a Change Order for $345,631 with Swierstok Enterprise Inc. dba Pro Builders for acquisition of flood gates for the Justice Campus Asset Protection Project (4/5 vote required); and Authorize the General Services Director or designee to execute the change order and related documents, with County Counsel concurrence; and Approve an Appropriation Transfer Request of $482,708 from the Accumulated Capital Outlay Fund Contingency to the Project (4/5 vote required)
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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. Approve a Change Order for $345,631 with Swierstok Enterprise Inc. dba Pro Builders for acquisition of flood gates for the Justice Campus Asset Protection Project (4/5 vote required);
2. Authorize the General Services Director or designee to execute the Change Order and related documents, with County Counsel concurrence; and
3. Approve an Appropriation Transfer Request (ATR) of $482,708 from the Accumulated Capital Outlay Fund Contingency to the Project (4/5 vote required).
SUMMARY:
On June 24, 2025, the Board of Supervisors accepted a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program award of $19,844,231 to supplement funding for the Justice Campus Asset Protection Project (Project). The Board also authorized the General Services Director to solicit bids and award construction and other project-related contracts, including amendments, with County Counsel concurrence, necessary to deliver the Project within the grant period of performance and approved project budget.
Using a multiple-prime contract delivery model, General Services awarded a $3,840,000 contract to Swierstok Enterprise Inc. dba Pro Builders (Pro Builders) for construction of concrete stormwater protection walls and related infrastructure. The contract documents were interpreted by builders as excluding acquisition of the flood gates from the bid pricing.
The proposed $345,631 Change Order will increase the Pro Builders contract to $4,185,631 and includes $491,652 for acquisition of the flood gates, offset by a $146,021 credit for infrastructure no longer required following redesign of a pump station.
The requested $482,708 ATR is separate from the proposed Change Order and represents a technical budget adjustment for pump replacement work already included in the Project scope. The funding was identified during the FY2025/26 Midyear process; however, the corresponding ATR was not processed before fiscal year-end. Approval of the ATR will increase the Project budget from $33,418,974 to $33,901,682.
FINANCIAL IMPACT:
Through past Board actions, a total of $33,418,974 has been appropriated for the Project (BU 1791), including $19,844,231 in FEMA Hazard Mitigation Grant Program funding and existing County funding. Of the FEMA grant award, the County has submitted approximately $8.65 million in eligible Project costs for reimbursement to date, of which approximately $1.79 million has been reimbursed. The County will continue to submit reimbursement requests as additional eligible Project costs are incurred and documented.
Approval of the requested $482,708 ATR from the Accumulated Capital Outlay Fund Contingency will increase total Project funding and budget to $33,901,682. The ATR is a technical adjustment for pump replacement funding identified during the FY2025/26 Midyear process and already included in the Project scope. Existing Project contingency remains available for unforeseen construction conditions and other Project needs.
The updated Project budget includes approximately $21.8 million for construction and approximately $12.1 million for project management, engineering and design, permits and inspections, miscellaneous expenses, and contingencies. A detailed project budget summary is attached (Attachment A). The proposed $345,631 Change Order with Pro Builders will be funded from existing Project contingencies and does not require additional funding.
General Services has requested approximately $4 million in additional Judicial Council of California (JCC) cost-share funding for eligible Project costs and is awaiting final execution of the cost-share documentation. Upon execution, the JCC cost-share contribution will reimburse the County for eligible Project costs.
The costs associated with preparing this agenda item are nominal and absorbed by the department’s FY2026/27 Working Budget.
DISCUSSION:
The Project is designed to protect critical County and court facilities in the downtown Fairfield Justice Campus from future stormwater-related damage through construction of low protective walls, flood gates, landscape berms, drainage improvements, pump-related work, and related infrastructure. Although the flood gates were included in the Project design, the contract documents were interpreted by bidders as not including their acquisition in the original contract price. The proposed Change Order addresses this omission by adding $491,652 for the acquisition of the flood gates, offset by a $146,021 credit for infrastructure eliminated following the redesign of a pump station, resulting in a net contract increase of $345,631.
Although the Board previously delegated authority to the General Services Director to approve Project contracts and amendments, the proposed $345,631 Change Order exceeds the allowable delegated change-order limit. Because the Change Order is approximately 9% of the original $3,840,000 contract, Public Contract Code section 20137 allows the Board to approve the work without separate bidding by a four-fifths vote.
Construction continues throughout the Justice Campus as the Project team prepares for the upcoming winter and wet-weather season. Current work is being prioritized to complete or secure critical stormwater, drainage, barrier, and site improvements in preparation for the winter wet-weather season. As of early October 2026, Clay Street storm drain and sewer work was approximately 95% complete; repaving along Texas, Washington and Union Streets was complete; storm barrier wall construction had progressed into the staff parking area; and the barrier along Union Avenue in front of the Law & Justice Center was nearing completion. Pump station work is scheduled to mobilize in mid-November 2026.
The current Project schedule anticipates completion in July 2027. The Project team continues to actively manage construction sequencing and schedule impacts associated with field and utility conditions to advance the work as efficiently as possible. FEMA’s current grant period of performance ends in February 2027, and the County has requested an extension through Cal OES to support completion of the remaining work and maximize reimbursement of eligible Project costs. As of early October 2026, a determination on the extension request had not yet been received.
ALTERNATIVES:
1. The Board could choose not to approve the Change Order. This action is not recommended because the flood gates are an integral component of the Project's stormwater protection system, and failure to approve their acquisition could delay Project completion and compromise the intended flood protection for County and court facilities.
2. The Board could choose not to approve the ATR and request the funding for pump replacement to remain within the Facilities Operations budget. This action is not recommended because it will likely increase costs while introducing inefficiency in the replacement and upgrading of critical stormwater pumping infrastructure.
OTHER AGENCY INVOLVEMENT:
Project planning, design, and construction coordination has included the Sheriff’s Office, Resource Management Department, County Administrator’s Office, County Counsel, the Judicial Council of California and local Courts, Cities of Fairfield and Suisun City, Fairfield-Suisun Sewer District, Cal OES, and FEMA.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION