Bond Act: Proposition 1E
Agency of Appropriation: Department of Water Resources
Bond Statute: 5096.821
- Front-end
- In-progress
- Follow-up (Audit)
The UFRR Program is being developed as a result of the passage of the Central Valley Flood Protection Plan in June 2012. The UFRR Program will replace the Early Implementation Program (EIP) which was developed in 2007 by the Flood Projects Office. The goals of the UFRR Guidelines and associated projects will tie to the mission of DWR, the objectives of FloodSAFE, and the statutory obligations of DWR for improvements to elements of the flood control system. The Guidelines will define the Flood Projects Office’s UFRR program purpose, goals, objectives, program elements, program components, strategies, priorities, and overall schedule and budget. It will describe detailed activities and measurable objectives under each of the composite program elements, and provides strategic program direction for the Flood Projects Office. Projects selected for bond funding (as well as those receiving General Funds) are to be consistent with the Flood Projects Office’s UFRR Guidelines.
Authority
The Flood Projects Office provides a sustainable integrated flood management and 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. The Flood Projects Office administers the UFRR program, which was created as a result of the passage of the Disaster Preparedness and Flood Prevention Bond Act of 2006 (Proposition 1E). This Proposition authorized DWR to make funds available to Local Agencies for, 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 certain portions of the Central Valley and certain adjacent areas.
Applicants must be a Local Agency and may submit proposals for one or more repair or improvement projects that are consistent with an Area Plan and Area Project cost limits. The Area Project spending cap is $200 million but the cost of repair work included in the Area Project is not counted against the $200 million cap. The Department will fund no more than two Area Projects per Area from this program in urban areas only.
Projects designed and constructed under the UFRR program must provide flood protection to at least the 200-year Level of Protection State standard.
Objectives
Projects undertaken by the Flood Projects Office are selected from a pool of applications based on the level of funding for a particular fiscal year. It is anticipated that UFRR program funding will be available through Fiscal Year 2015-16, but the amount available will likely vary each year.
Project Selection
DWR prepares a Proposal Solicitation Package (PSP) that includes application materials.
Eligibility and ranking criteria will be developed for the different types of projects encompassed within the UFRR program. The types of projects that may be applied for include: Design Projects, Repair Projects, and Improvement Projects. These criteria will be defined within the UFRR program Guidelines. Completed applications will first be screened for completeness and eligibility. Once an application is deemed complete and eligible, it will be ranked using developed scoring criteria.
DWR will inform qualified Applicants of their award and the local cost-share that will be required in order for them to receive funding through this program. Projects eligible for funding through other state sources may be disqualified from UFRR eligibility.
The State’s commitment to fund the project will occur through a Funding Agreement. Applicants and DWR must enter into a Funding Agreement before any funds will be disbursed to the Applicant.
Program Guidleines and a PSP are anticipated to be released in late summer/early fall 2013. they will be posted on the FLoodSAFE website.
Compliance and Reporting
DWR has organized a FloodSAFE Program Management Office to document policies and procedures for bond accountability. Once a project is identified as a candidate for Bond funding, the budget and expenditures are tracked and reported to the public via the California Natural Resources Bond Accountability Website.
Financial controls also include reviewing the scope of the project prior to requesting Proposition 1E funds to ensure they are eligible for bond funding and having all contracts (and their task orders) for professional services reviewed by State Department of General Services and all construction contracting performed by DWR’s Division of Engineering to ensure compliance with State contracting procedures. Once completed, the projects are 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 State Department of Finance. The projects selected for funding must also conform to the intended use of Propositions 1E 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;
· Monthly briefings are conducted at the Office level 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;
· Bond funding is requested from the Department of Finance based on quarterly cash flow projections provided by the project manager and compiled within DWR for all programs.
Project managers track project budgets using the SAP database. Schedules are tracked using Microsoft Project software. Project managers work with environmental support staff to ensure that the proper environmental permits have been obtained and permit conditions are met, coordinate with staff from the Division of Engineering to make sure the engineering designs meet the needs of the project, work with the Construction Office during project construction to address any issues that arise and also coordinate with the Maintenance Yards that may be impacted during construction, and provide monthly briefings on project status to the Branch and Office Chiefs. Project managers may also be required to 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 Chief of the Division of Flood Management having the final approval. Invoices are approved for contractors and sub-contractors only after all requirements are met.
Following completion of a project a Project Completion Report is submitted. This report summarizes the activities that took place to achieve the project goals. The Project Completion Report becomes part of the Project Close-Out Report. The Project Close-Out Report includes all the documents referenced in the Project Completion 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:
· Funding Recipient shall submit a Project Completion Report within ninety (90) calendar days of completion of all tasks associated with the Project. The Final Project Report shall include a description and purpose of the project, actual work done, a final schedule showing actual progress versus planned progress, copies of any final documents or reports generated or utilized during the Project and as-built drawings. The Project Completion Report shall also include photo documentation of pre-, during, and post-construction activities, certification of final Project by a registered civil engineer, a copy of the fully executed Operation, Maintenance, Repair, Replacement and Rehabilitation (OMRR&R) Agreement and a document submitted by the Department of Engineering Inspections group stating that the project has been completed to the State’s satisfaction.
· Funding Recipient shall submit a Final Statement of Costs within sixty (60) days of Project completion. The Final Statement of Costs shall include a complete account of invoices from Funding Recipient, a summary of the payments made by the Funding Recipient, total interest due to the State from advances, and a copy of the application for seeking federal credit. After Project completion and within ninety (90) calendar days after the date of submission of the Project Completion Report, Funding Recipient shall submit an annual summary of the operations for the Project as required in the OMRR&R Agreement.
· Before the final payment is made, 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 U.S. Army Corps of Engineers 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 Local Agency will provide management and/or technical support personnel to support these accountability requirements.
· The Local Agency will keep a systematic financial file in hard-copy and electronic formats and provide access to these files for auditing purposes to comply with the auditing requirements of Proposition 1E.
The Flood Projects Office is working closely with Department of Finance to ensure accountability and projects financed under Prop 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. In addition, since funding will be provided by bonds, bond expenditures are subject to DOF audit at any time.
Projects within this Program: