TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser - District Manager
REPORT BY: Andrew Butler - District Engineer
SUBJECT: Amendment No. 3 to Agreement No. 220223B (FC) with HDR Engineering
RECOMMENDATION
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Approve and authorize Amendment No. 3 to Agreement No. 220223B (FC) with HDR Engineering, Inc. (HDR), increasing the maximum amount by $1,603,891 to a new total of $8,480,351 to complete design and other related tasks described below for Floodwalls North of the Bypass Project. (Fiscal Impact: $8,480,351 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 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 $1,603,891 to a new total of $8,480,351. 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 package however, there have been a number of design revisions necessitated by comments and additional requirements from USACE, RWQCB, CDFW, the City of Napa, and other reviewing bodies leading up to this submittal. The additional analyses and revisions resulting from these have caused design delays and required a significant amount of unanticipated time from HDR for out of scope tasks. The scope of work for this amendment also includes additional tasks such as development of the required Operations and Maintenance Manual for this phase of the project, engineering support for during construction, bidding and contracting support, and all other currently understood tasks required to reach final approval for the project to be ready for advertisement, award, and construction.
Requested Action:
Approve and authorize Amendment No. 3 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 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.