TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser - District Manager
REPORT BY: Andrew Butler - District Engineer
SUBJECT: Amendment No. 5 to Agreement No. 220223B (FC) with HDR Engineering
RECOMMENDATION
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Approve and authorize Amendment No. 5 to Agreement No. 220223B (FC) with HDR Engineering, Inc., increasing the maximum from $10,862,062 to a new total of $17,846,772 (Fiscal Impact: $6,984,710 Expense, Flood Project; Budgeted; Discretionary)
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BACKGROUND
$48.3 million was appropriated in the U.S. Army Corps of Engineers (USACE) budget for Federal Fiscal Year 2021 in the USACE annual Work Plan for the Napa River/Napa Creek Flood Protection Project (Flood Project) to complete the federal responsibilities on the Floodwalls North of the Bypass Project (Increment 2) and the Imola to Hatt Floodwalls Project (Increment 3). These two projects are the remaining elements of the Project that were found to have Federal interest according to the Federal Interest Determination that was produced by USACE in 2020. Staff members have been working with the USACE since 2021 on a process to move forward to use the appropriated funds to complete these two elements.
Water Resources Development Act, section 204, subd. (b), as amended (33 U.S.C. 2232), authorizes non -Federal interests to undertake construction of certain water resources development projects, with potential credit or reimbursement of the Federal share of that construction pursuant to section 204, subd.(d), subject to several requirements including that the Assistant Secretary of the Army, before initiation of construction, makes certain determinations, approves the plans for construction, and enters into a written agreement with the non-Federal interest for construction.
To date, HDR’s work has been primarily focused on the design of the Floodwalls North of the Bypass Project (Increment 2). HDR’s work for Increment 2, including design, USACE documentation, environmental compliance (CEQA and NEPA), cultural resources support including inspection and documentation, engineering during construction, and construction management support, has been fully funded by the original contract and previous amendments.
This amendment increases the maximum compensation of the District’s contract with HDR Engineering, Inc. by $6,984,710 to a new total of $17,846,772 for tasks related to the Imola to Hatt Floodwalls Project (Increment 3). The following tasks for this project are included in the scope:
1. Completion of the Project Design for Increment 3. This includes all predesign work such as surveying, hydrology and geotechnical investigations.
2. Complete environmental documentation requirements under both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) and secure all necessary permits from any relevant regulatory agency.
3. Complete all necessary USACE required documentation in regard to increment 3 including but not limited to the Design Recommendation Report, the Induced Flooding/ Incidental Takings Analysis and the Operations, Maintenance, Repair, Replacement and Rehabilitation Manual.
The scope for Imola to Hatt Floodwalls project includes updated understanding of the design process steps that will be required resulting from lessons learned during the Floodwalls North of the Bypass project design and coordination with the USACE Sac District, USACE South Pacific Division, USACE HQ, and the U.S. ASA’s office as well as local agency partners.
Requested Action:
Approve and authorize Amendment No. 5 to Agreement No. 220223B (FC) with HDR Engineering.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Subdivision 8001000 Account 52310 |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Without assistance from HDR, the District is unlikely to be able to complete a design satisfactory to the US Army Corps of Engineers or adequately progress construction of the project which will prevent a successful completion of the overall flood protection project. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
Design activities under this contract will continue through FY 2026-27. |
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Consequences if not approved: |
The District will be unable to complete the project design and progress construction of the project. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Acquisition of the Subject Property is part of the Napa River/Napa Creek Flood Protection Project and was included in the Final Environmental Impact Report (FEIR) for the Project that was certified by the District on May 4, 1999, for which a Notice of Determination was filed on May 7, 1999. The Final Supplemental Environmental Impact Statement (FSEIS) for the Project was certified by the USACE in its Record of Decision filed on June 9, 1999. On April 2, 2009, the City of Napa determined that the Napa River/Napa Creek Flood Protection Project is consistent with the City's General Plan Envision Napa 2020. On March 25, 2025, after a 45-day public review and response to comments, the District Board certified the Final Subsequent Environmental Impact Report for the Floodwalls North of the Bypass Project which addressed changes to the original design in some areas within the footprint of that project.