TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser - District Manager
REPORT BY: Andrew Butler - District Engineer
SUBJECT: Amendment No. 4 to Agreement No. 220223B (FC) with HDR Engineering
RECOMMENDATION
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Approve and authorize Amendment No. 4 to Agreement No. 220223B (FC) with HDR Engineering, Inc., increasing the maximum from $8,480,351 to a new total of $10,862,062. (Fiscal Impact: $2,381,711 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.
This amendment increases the maximum compensation of the District’s contract with HDR Engineering, Inc. by $2,381,711 to a new total of $10,862,062 for tasks related to the Floodwalls North of the Bypass Project (Increment 2). The following tasks for this project are included in the scope:
1. Completion of the environmental documentation for the project given additional USACE comments and requirements regarding the federal portion of the documentation.
2. Perform construction management services as needed during the construction phase of the project in coordination with the District’s CM staff and existing resources.
3. Complete as needed monitoring and reporting during construction related to cultural resources. The project reach includes at least one culturally sensitive area that requires close monitoring and coordination with the State Historic Preservation Office and local Native American tribes during construction.
4. Complete pre-construction investigation and reporting related to cultural resources for sensitive areas within the project work area. The goal of these pre-construction activities is to characterize and preserve cultural artifacts and information before heavy construction work is started. This work is being done early to avoid unexpected delays and additional costs during the main construction effort.
5. Complete as needed biological monitoring and reporting during construction to ensure that all conditions and requirements of environmental permits that have been acquired for the project are met and that the project remains in compliance.
Requested Action:
Approve and authorize Amendment No. 4 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 2025-26. Construction monitoring will go through FY 2027-2028. |
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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.