Bond Act: Proposition 1E
Agency of Appropriation: Department of Water Resources
Bond Statute: 5096.821
- Front-end
- In-progress
- Follow-up (Audit)
The Flood Projects Office’s United States Army Corp of Engineers (USACE) Projects Program goals tie to the mission of the Department, the objectives of the State Systemwide Investment Approach (SSIA) as outlined in the Central Valley Flood Protection Plan (CVFPP), and statutory obligations for improvements of elements of the flood control system. The purpose, goals, objectives, program elements, program components, strategies, priorities, and overall schedule and budget have been incorporated. Projects selected for bond funding are to be consistent with the Flood Projects Office’s USACE Projects Program.
Authority
The Flood Projects Office provides for sustainable integrated flood management and an emergency response system throughout California that improves public safety, protects and enhances environmental and cultural resources, and supports economic growth by reducing the probability of destructive floods, promoting beneficial floodplain processes, and lowering the damages caused by flooding in partnership with the United States Army Corps of Engineers (Corps). The Flood Projects Office administers the USACE Projects Program, which was, in the past funded by General Fund appropriations, and subsequent to the passage of the Disaster Preparedness and Flood Prevention Bond Act of 2006 (Proposition 1E) and the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84); it receives appropriations from these funds. In conjunction with the California Water Code, these Propositions authorized the California Department of Water Resources (DWR) acting by and through the Central Valley Flood Protection Board (CVFPB) to be a partner with the Corps and fund a share of among other things, flood protection work. These funds will be for: (a) repair, rehabilitation, reconstruction or replacement of levees, weirs, bypasses and facilities of the State Plan of Flood Control and (b) improving or adding facilities to the State Plan of Flood Control to increase levels of flood protection for urban areas. This program applies only to the Central Valley and certain adjacent areas. An estimated $3,000,000,000 has been made available for projects under this program.
Projects designed and constructed under the USACE Projects Program must provide flood protection to at least the 200-year Level of Protection. The Corps plays the primary role of reconnaissance, planning and selection of alternatives under National Economic Development (NED) procedures, design and construction.
Objectives
Projects undertaken by the Corps in partnership with the CVFPB, with the support of the Flood Projects Office are selected by the Corps based on the level of funding for a particular fiscal year.
Project Selection
Projects are evaluated by the Corps using the National Economic Development (NED) account that is part of the Corps Principles and Guidelines system of accounts. Representatives from the USACE Projects Program participate in regular team meetings at the Corps offices during the feasibility, planning, design and construction phases of the project to ensure the interests of the State and the local sponsor(s) are considered.
Technical Review
During the technical review, the Department’s technical review team assesses the projects for completeness and adherence to state regulation. The technical review team also assesses the analyses to make sure they have been completed correctly. Department staff coordinates the review of technical analyses and supplementation of supporting documentation during the technical review phase.
The USACE Projects Program commitment to fund the project will occur through various partnership agreements with the Corps in conjunction with associated sub-agreements with the local sponsor(s). Local sponsor(s) and the CVFPB must enter into the sub-agreements before any commitment can be made by the CVFPB.
Compliance and Reporting
Partnership agreements that are entered into by the CVFPB, through the Flood Projects Office, and among the Corps and local sponsor(s) include provisions that project partners must adhere to required accounting and reporting measures. Quality control to assure the contract documents are being adhered to is performed by the Corps inspectors and inspectors within the Department as well as hired consultants. Inspection reports are provided to the project manager to assure the work being performed is in compliance with the Corps contract documents.
The Department has organized a FloodSAFE Program Management Office to document policies and procedures for bond accountability. Once completed, the projects are turned over by the Corps to the State via an Operation and Maintenance Manual (O&MM), which is then turned over to local maintaining agencies to be maintained as part of the flood control system maintenance stipulated in Section 8361 of the Water Code.
The Executive Order requires ongoing activities to be reviewed, documented and reported to the Department of Finance. The projects selected for funding must also conform to the intended use of Propositions 1E and 84 and measures must be instituted to ensure that the scope of the project remains within the intended use of the funds. To that end, the following procedures have been instituted:
· A project scope and description is developed at the initiation of the project that is consistent with the intended use of the bonds. A project cost estimate and schedule is also developed by the Corps in cooperation with Flood Projects Office representatives ;
· Meetings held at a minimum monthly recurrence are conducted at the Corps office to review progress which includes project expenditures, accomplishments, changes in scope, and current schedule;
· Project updates are submitted for inclusion with the quarterly reports that DWR submits on bond expenditures and any changes in scope, cost or schedule are reflected on the website maintained for projects funded by Proposition 1E and 84;
· Bond funding is requested from the Department of Finance based on monthly invoices sent by the Corps that request the State’s share as established within executed partnership agreements. These invoices include projections that are utilized to established cash flow requirements and provided by the project manager and compiled within the Department for all programs.
Project managers track project budgets using the SAP database. Schedules are tracked by Corps’ staff through coordination with State representatives using Microsoft Project software. Project managers and environmental support staff work with Corps’ staff to ensure that the proper NEPA & CEQA environmental permits have been obtained and permit conditions are met. Project managers also coordinate with other Divisions for legal, right-of-way and environmental support. Project managers are also responsible for monitoring and approving all funding sources and payments, with the Executive Officer of the CVFPB having the final approval. Invoices are approved for payment only after all requirements are met.
Following completion of a project, an after action report is completed by the Corps that addresses successes and lessons learned. This report summarizes the activities that took place to achieve the project goals. The after action report becomes part of the project close-out report once the project is turned over to the State by the Corps, along with the O&MM. The project close-out report includes all the documents referenced in the after action report and provides a consistent method to file important project documents following project completion. The section of the report covering the budget includes a summary of project funding sources, and cost centers and internal order numbers used to track expenditures.
The following internal audit is conducted with the project close-out:
· Local sponsor(s) submit the final accounting stipulated in local partnership agreements within ninety (90) calendar days of turnover. The final accounting includes a description of any work done, a final schedule showing actual progress versus planned progress and copies of any final documents or reports generated or utilized during the project. The final accounting also includes certification of the final Pproject by a registered civil engineer.
· Before the final accounting is concluded, project managers verify the final project complies with all applicable current laws and regulations and submit documents summarizing total project costs and additional funding sources.
· All projects doing repair work on levees will receive a close-out visit conducted by the Corps and DWR to assure that the project is completed consistent with federal principles and guidelines.
· Project managers conduct in-progress and post construction/implementation monitoring and assess project performance.
The Flood Projects Office is working closely with Department of Finance to ensure accountability and projects financed under Prop 84 and 1E have been posted to the Bond Accountability Website so the public is provided readily accessible information on how proceeds of state general obligation bonds are being utilized.
Projects within this Program: