TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser - District Manager
REPORT BY: Andrew Butler - District Engineer
SUBJECT: Amendment No. 2 to Agreement No. 220223B (FC) with HDR Engineering
RECOMMENDATION
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Approve and authorize Amendment No. 2 to Agreement No. 220223B (FC) with HDR Engineering, Inc. (HDR), increasing the maximum amount by $1,403,999 to a new total of $6,876,460 to complete design, environmental documentation and permitting of the Floodwalls North of the Bypass Project; and approval of Budget Amendment increasing appropriations by $2,500,000 in Consulting Services offset by the reduction in appropriations in Land. (Fiscal Impact: $2,500,000 Expense, Flood Project Budget, Not budgeted; Discretionary)
[4/5 vote required]
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BACKGROUND
$48.3 million was appropriated in the U.S. Army Corps of Engineers (USACE) budget for Federal FY 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 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 204(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.
This amendment increases the maximum compensation of the District’s contract with HDR Engineering, Inc. by $1,403,999 to a new total of $6,876,460. HDR is currently under contract with the District to complete the Floodwalls North of the Bypass design. HDR is close to completing the 95% design submittal however, there have been number of necessary changes during the design process as well as unforeseen items that had to be added to the scope of work. Many of these items were caused by USACE, working through a new process to approve the design under Section 204. This has caused design delays and required additional analyses and work products for distribution that were not originally anticipated in the HDR contract. The scope of work for this amendment is setup to provide assistance with the additional tasks and get the Floodwalls North of the Bypass design to a final level with full USACE approval to move forward with construction.
Requested Actions:
1. Approval and authorization for Chair to sign Amendment No. 2 to Agreement No. 220223B (FC) with HDR Engineering
2. Approval of Budget Amendment increasing appropriations in Subdivision 8001000 Account 52310 offset by the decrease of appropriations in Account 55100
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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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 which will prevent construction of the next phases of the flood project from advancing. |
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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 2024-25 |
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Consequences if not approved: |
The District will be unable to continue development of the project design. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: ENVIRONMENTAL DETERMINATION: The Napa River/Napa Creek Flood Protection Project was included in the Final Environmental Impact Report/Statement (FEIR/EIS). The FEIR was circulated twice for public comment, from December 19, 1997, to February 13, 1998, and again in October and November 1998 (although not required), then certified by the Board of Directors of the Napa County Flood Control and Water Conservation District on May 4, 1999. The U.S. Army Corps of Engineers certified the Final Supplemental Environmental Impact Statement (FSEIS) on June 9, 1999.