HomeMy WebLinkAbout217-91 RESOLUTIONI
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RESOLUTION NO. 217-91
A RESOLUTION AUTHORIZING THE FEASIBILITY COST
SHARE AGREEMENT WITH THE UNITED STATES OF
AMERICA (CORPS OF ENGINEERS) FOR THE FLOOD
CONTROL PROJECT ON CATO SPRINGS BRANCH AND
TOWN BRANCH IN AN AMOUNT OF $21,000 PLUS
$7,600 "IN-KIND" ENGINEERING SERVICES.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute the Feasibility Cost Share
Agreement with the United States of America (Corps of Engineers)
for the Flood Control Project on Cato Springs Branch and Town
Branch in an amount of $21,000 plus $7,600 "in-kind" engineering
services. A copy of the agreement authorized for execution hereby
is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 3rd day of December , 1991.
APPROVED: /
By.c>/L`
ATTEST:
By
l•
Mayor
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FEASIBILITY COST SHARING AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND
THE CITY OF FAYETTEVILLE, ARKANSAS
FOR CATO SPRINGS BRANCH AND TOWN BRANCH
FEASIBILITY STUDY
THIS AGREEMENT, entered into this th day, of
(les.ernbec` , 19M , by and between the United States
of America (hereinafter called the "Government"),
represented by the Contracting Officer executing this
Agreement, and Fayetteville, Arkansas (hereinafter called
the "Sponsor"),
WITNESSETH, that
WHEREAS, the Congress has authorized the Corps of Engineers
to conduct studies of flood control pursuant to the
continuing authority provided by Section 205 of the Flood
Control Act of 1948, as amended, and
WHEREAS, the Corps of Engineers has conducted a preliminary
study of flooding problems associated with Cato Springs
Branch and Town Branch pursuant to Section 205 of Public Law
80-858, hereinafter referred to as the "Reconnaissance Phase
Study", pursuant to this authority, and has determined that
further study in the nature of a "Feasibility Phase Study"
(hereinafter called the "Study") is required to complete the
determination of the extent of the Federal interest in
participating in a solution to the identified problem; and
WHEREAS, the Sponsor has the authority and capability to
furnish the cooperation hereinafter set forth and is willing
to participate in study cost sharing and financing in
accordance with the terms of this agreement; and
WHEREAS, the Sponsor and the Government both understand that
entering into this agreement in no way obligates either
party to implement a project and that whether a project is
supported for authorization and budgeted for implementation
depends upon the outcome of this feasibility study and
whether the proposed solution is consistent with the
Principles and Guidelines and with the budget priorities of
the Administration and that at the present time, favorable
budget priority is being assigned to projects providing
primarily commercial navigation and flood or storm damage
reduction outputs; and
WHEREAS, the Water Resources Development Act of 1986 (P.L.
99-662) specifies the cost-sharing requirements applicable
to the study;
NOW THEREFORE, the parties agree as follows:
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ARTICLE I - DEFINITIONS
For the purposes of this Agreement:
a. The term "Study Cost" shall mean all disbursements by
the Government pursuant to this Agreement, whether from
Federal appropriations or from funds made available to the
Government by the Sponsor, and all Negotiated Costs of work
performed by the Sponsor pursuant to this Agreement. Such
costs shall include, but not be limited to: labor charges;
direct costs; overhead expenses; supervision and
administration costs; and contracts with third parties,
including termination or suspension charges; and any
termination or suspension costs (ordinarily defined as those
costs necessary to terminate ongoing contracts or
obligations and to properly safeguard the work already
accomplished) associated with this Agreement.
b. The term "Study Period" shall mean the time period for
conducting the Study, commencing with the issuance of
initial Federal feasibility funds following the execution of
this Agreement, and ending with Chief of Engineers'
acceptance of the study.
c. The term "Negotiated Cost" is the fixed fee for a work
item to be accomplished by the sponsor as in-kind services
as specified in the Initial Project Management Plan
incorporated herein and which is acceptable to both parties.
d. The term "Initial Project Management Plan" is the scope,
schedule, and costs required for the management and control
of the study.
e. The term "Executive Committee" shall mean a committee
set up by the Government to review the study progress for
conformance to scope of work.
ARTICLE II - OBLIGATIONS OF PARTIES
a. The Sponsor and the Government, using funds contributed
by the Sponsor and appropriated by the Congress, shall
expeditiously prosecute and complete the Study, currently
estimated to be completed in 12 months from the date of this
Agreement, substantially in compliance with Article III
herein and in conformity with applicable Federal laws and
regulations, the Economic and Environmental Principles and
Guidelines for Water Related Land Resources Implementation
Studies. and mutually acceptable standards of engineering
practice.
b. The Government and the Sponsor shall each contribute, in
cash and in-kind services, fifty (50) percent of all Study
Costs, which total cost is currently estimated to be
$57,200 as specified in Article IV herein; provided, that
the Sponsor may, consistent with applicable Federal statutes
and regulations, contribute up to 25 percent of the Study
Costs as in-kind services; provided further, the Government
shall not obligate any cash contribution by the Sponsor
toward Study Costs until such cash contribution has actually
been made available to it by the Sponsor.
c. No Federal
share of study
expenditure of
as verified by
funds may be used to meet the local sponsor
costs under this Agreement unless the
such funds is expressly authorized by statute
the granting agency.
d. The award of any contract with a third party for
services in furtherance of this Agreement which obligates
Federal appropriations shall be exclusively within control
of the Government. The award of any contract by the Sponsor
with a third party for services in furtherance of this
Agreement which obligates funds of the Sponsor and does not
obligate Federal appropriations shall be exclusively within
the control of the Sponsor, but shall be subject to
applicable statutes and regulations.
e. The Government and the Sponsor shall each endeavor to
assign the necessary resources to provide for the prompt and
proper execution of the Study and shall, within the limits
of law and regulation, conduct the study with maximum
flexibility as directed by the Executive Committee
established by Article V, herein.
f. The Government will not continue with the Study if it
determines that there is no solution in which there is a
Federal interest or which is not in accord with current
policies and budget priorities unless the Sponsor wishes to
continue under the terms of this Agreement and the
Department of Army grants an exception. If a study is
discontinued, it shall be concluded according to Article XII
and all data and information shall be made available to both
parties.
g. The Sponsor may wish to conclude the Study if it
determines that there is no solution in which it has an
interest or which is not in accord with its current policies
and budget priorities. When such a case exists the study
shall be concluded according to Article XII and all data and
information shall be made available to both parties.
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ARTICLE III - INITIAL PROJECT MANAGEMENT PLAN
Appendix A, the Initial Project Management Plan, is hereby
incorporated into this Agreement. The parties to this
Agreement shall substantially comply with the Initial
Project Management Plan in prosecuting work on the Study.
The following modifications, to be approved by the Executive
Committee, shall require an amendment to this Agreement:
a. any modification which increases the total Study Costs
by more than 10 percent (see Appendix A, Table A-1);
b. any extension of the completion schedule for a Study
work item of more than thirty (30) days (see Appendix A,
Table A-2 for Tentative Schedule); or
c. any reassignment of work item between the Sponsor and
the Government (see Appendix A, Table A-3).
ARTICLE IV - METHOD OF PAYMENT
a. The Government shall endeavor to obtain during each
fiscal year the appropriation for that fiscal year at least
in the amounts specified in the Initial Project Management
Plan incorporated herein. Subject to the enactment of
Federal appropriations and the allotment of funds to the
Contracting Officer, the Government shall then fund the
Study at least in the amounts specified in the Initial
Project Management Plan.
b. The Sponsor shall endeavor to obtain during each
Government fiscal year the cash contribution for that
Government fiscal year at least in the amounts specified in
the Initial Project Management Plan incorporated herein and,
once it has obtained funds for a cash contribution, shall
make such funds available to the Government. The Government
shall withdraw and disburse funds made available by the
Sponsor subject to the provisions of this Agreement.
c. Funds made available by the Sponsor and the Government
and not disbursed by the Government within a Government
fiscal year shall be carried over and applied to the cash
contribution for the succeeding Government fiscal year;
provided, that upon study termination any excess cash
contribution shall be reimbursed to the Sponsor after a
final accounting subject to the availability of
appropriations, as specified in Article XII herein.
d. Should either party fail to obtain funds sufficient to
make obligations or cash contributions or to incur Study
Costs in accordance with the schedule included in the
Initial Project Management Plan incorporated herein, it
shall at once notify the Executive Committee established
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under Article V herein. The Executive Committee shall
determine if the Agreement should be amended, suspended, or
terminated under Article XII herein.
ARTICLE V - MANAGEMENT AND COORDINATION
a. Overall study direction and management shall be the
responsibility of an Executive Committee consisting of the
District Engineer, Chief of Planning Division, and the Study
Manager.
b. To provide for consistent and effective communication
and prosecution of the items in the Initial Project
Management Plan, the Executive Committee shall appoint
representatives to serve on a Study Management Team.
c. The Study Management Team will coordinate on all matters
relating to prosecution of the Study and compliance with
this Agreement, including cost estimates, schedules,
prosecution of work elements, financial transactions and
recommendations to the Executive Committee for termination,
suspension, or amendment of this Agreement.
d. The Study Management Team will prepare periodic reports
on the progress of all work items for the Executive
Committee.
ARTICLE VI- DISPUTES
a. The Study Management Team shall endeavor in good faith
to negotiate the resolution of conflicts. Any dispute
arising under this Agreement which is not disposed of by
mutual consent shall be referred to the Executive
Committee. The Executive Committee shall resolve such
conflicts or determine a mutually agreeable process for
reaching resolution or for termination under Article XII
herein.
b. Pending final decision of a dispute hereunder, or
pending suspension or termination of this Agreement under
Article XXI herein, the parties hereto shall proceed
diligently with the performance of this Agreement.
ARTICLE VII- MAINTENANCE OF RECORDS
The Government and the Sponsor each shall keep books,
records, documents and other evidence pertaining to study
costs and expenses incurred pursuant to this Agreement to
the extent and in such detail as will properly reflect total
Study costs. The Government and the Sponsor shall maintain
such books, records, documents and other evidence for
inspection and audit by authorized representatives of the
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parties to this Agreement. Such material shall remain
available for review for a period of three (3) years
following the termination of this Agreement.
ARTICLE VIII - RELATIONSHIP OF PARTIES
a. The parties to this Agreement act in an independent
capacity in the performance of their respective functions
under this Agreement, and neither party is to be considered
the officer, agent, or employee of the other.
b. To the extent permitted by applicable law, any reports,
documents, data, findings, conclusions, or recommendations
pertaining to the Study shall not be released outside the
Executive Committee or the Study Management Team; nor shall
they be represented as presenting the views of either party
unless both Parties shall indicate agreement thereto in
writing.
ARTICLE IX - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, or other elected
official, shall be admitted to any share or part of this
Agreement, or to any benefit that may arise therefrom.
ARTICLE X - FEDERAL AND STATE LAWS
In acting under its rights and obligations hereunder, the
local sponsor agrees to comply with all applicable Federal
and state laws and regulations, including section 601 of
Title VI of the Civil Rights Act of 1964 (Public Law 88-352)
and Department of Defense Directive 5500.II issued pursuant
thereto and published in Part 300 of Title 32, Code of
Federal Regulations, as well as Army Regulation 600-7,
entitled "Nondiscrimination on the Basis of Handicap in
Programs and Activities Assisted or Conducted by the
Department of the Army."
ARTICLE XI - COVENANT AGAINST CONTINGENT FEES
The local sponsor warrants that no person or selling agency
has been employed or retained to solicit or secure this
Agreement upon agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial or
selling agencies maintained by the local sponsor for the
purpose of securing business. For breach or violation of
this warranty, the Government shall have the right to annul
this agreement without liability, or, in its discretion, to
add to the Agreement or consideration, or otherwise recover,
the full amount of such commission, percentage, brokerage,
or contingent fee.
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ARTICLE XII - TERMINATION OR SUSPENSION
a. This Agreement shall terminate at the completion of the
Study Period; provided, that prior to such time and upon
thirty (30) days written notice, either party may terminate
or suspend this agreement without penalty.
b. Within ninety (90) days upon termination of this
Agreement the Study Management Team shall prepare a final
accounting of Study Costs, which shall display disbursements
by the Government of Federal funds, cash contributions by
the Sponsor, and credits for the Negotiated Costs of the
Sponsor. Subject to the availability of funds, within
thirty (30) days thereafter the Government shall reimburse
the Sponsor for the excess, if any, of cash contributions
and credits given over fifty (50) percent of total Study
Costs. Within thirty (30) days thereafter, the Sponsor
shall provide the Government any cash contributions required
so that the total Sponsor share equals fifty (50) percent of
total Study Costs.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
THE UNITED STATES OF AMERICA STUDY SPONSOR
BY: C-""^^^^0_' k4`acv
BY* add
Colonel, Corps of Eng neers Mayor, City of Fayettevik'le
District Engineer
Contracting Officer
ATTEST
ity C1-' k, C ty of
Fayetteville
APPENDIX A - Initial Proj ct Management Plan
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APPENDIX A
INITIAL PROJECT MANAGEMENT PLAN
CATO SPRINGS BRANCH AND TOWN BRANCH
FAYETTEVILLE, ARKANSAS
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I. GENERAL. The work required for this study consists of office
and field work necessary to complete the Detailed Project Report
(DPR) and Environmental Assessment on the flooding problems along
Cato Springs Branch and Town Branch located in Fayetteville,
Arkansas. The work shall generally follow guidelines set forth
by:
a. Engineer Regulation 1105-2-100, dated
Department of the Army, Office of the Chief of
Washington, D.C.
b. "Economic and Environmental Principles and Guidelines
for Water and Related Land Resources Implementation Studies," 10
March 1983.
28 Dec 90,
Engineers,
c. "Policy and procedures for
Regulation (ER) 200-2-2, Department
Chief of Engineers, Washington, D.C.
March 981.
Implementing NEPA," Engineer
of the Army, Office of the
, 25 August 1980, revised 2
The end product shall be a DPR and Environmental Assessment,
including U.S. Fish and Wildlife Coordination Act report,
Archeological Assessment, Public Notice, and exhibits and
supporting appendices for the study of Cato Springs Branch and
Town Branch, located in Fayetteville, Arkansas.
All work required for this study shall be performed or
contracted by the U.S. Army Corps of Engineers, the Government,
and the city of Fayetteville, Arkansas, the local sponsor.
II. BASIC REOUIREMENTS. The work to be performed shall consist
of studying and designing the recommended channel improvement
plan for Cato Springs Branch and Town Branch identified in the
Reconnaissance Report to a DPR level of detail. The work shall
also consist of reviewing the flooding problems identified along
Cato Springs Branch and Town Branch and verifying that these
problems relating to flood control for the city are the primary
concerns. The work includes identifying the concerns and needs
of the public; developing several alternative plans from which
the National Economic Development (NED) plan will be selected for
detailed study and design for both Cato Springs Branch and Town
Branch. The work shall include determination of improved
conditions; addressing and resolving any problems of induced
damages and discharges; determining frequency -discharge
relationships for with and without project conditions and
stage -discharge relationships for with and without project
conditions; preparing construction and operation and maintenance
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cost estimates for the alternative plans; computing engineering
and economic feasibility of each alternative; assessing
environmental and social impacts of the selected plan, including
impacts on biological resources, socioeconomic resources,
cultural resources, and recreation; determining and evaluating
mitigation measures; providing a real estate gross appraisal
report; developing nonstructural alternatives whenever possible;
developing land use and flood control economic studies; and
preparing the required documentation to present the studies,
findings, and recommendations. A series of meetings with the
sponsor will be held throughout the study process for citizen
input into the planning and design of a local flood control
measure. The studies and investigations conducted shall provide
the basis for determining the economic and engineering
feasibility for providing flood protection for the city of
Fayetteville. The end product will be a DPR report describing,
in detail, problems identified, plans formulated, engineering and
economic feasibility of each alternative, and the social and
environmental constraints and impacts for the recommended plan.
III. BASELINE INFORMATION. The Reconnaissance Report for Cato
Springs Branch and Town Branch, Fayetteville, Arkansas previously
developed by the Federal Government will be used as a base from
which to continue the required planning studies. Information in
the Reconnaissance Report will be expanded and updated as
required to reflect current problems and opportunities and
desires of the public, to establish final planning criteria and
planning objectives to be used to formulate plans, to identify
additional measures to meet the final planning objectives, and to
formulate alternative plans to be evaluated.
IV. FEASIBILITY STUDY WORK ITEMS. The following paragraphs
provide information regarding the principal work items which will
be required to complete the feasibility study. The estimated
cost and man-hour requirements for completing the work items are
shown in Table A-1. The estimated costs for each task include
application of direct and indirect overhead costs. Table A-2
presents a tentative schedule for the feasibility study. A
proposed distribution of study costs by work item is included in
Table A-3. Prior to signing this FCSA, the distribution of study
costs by work item will be negotiated with the local sponsor.
The work elements, assigned cost, and scheduling for each work
item may change as a result of decisions made by the Executive
committee during the course of the study.
1. HYDROLOGY AND HYDRAULIC STUDIES. This work is to be
performed by the Government and consists of the following:
A. Hydrologic Studies. A detailed hydrologic analysis of
the selected flood control plan for Cato Springs Branch and Town
Branch will be performed. The main goal of the hydrologic
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analysis is to develop frequency -discharge relationships for Cato
Springs Branch and Town Branch for with and without project
conditions. The expected probability discharges for the 2, 5,
10, 25, 50, 100, and 500 -year, and standard project flood events
will be determined.
B. Hydraulic Studies. These studies shall consist of the
design and analysis of flood control alternatives for Cato
Springs Branch and Town Branch in Fayetteville, Arkansas, and
will include the following:
1. Hydraulic studies shall include participation in the
formulation of objectives and the selection of alternatives to
include channel improvement, relocation, and floodproofing.
2. Determine stage -discharge relationships for all
flood prone areas for the existing conditions using a computer
program developed by the Hydrologic Engineering Center, HEC -2.
Aerial photography, topography, and bridge plans will be used to
develop input data for the HEC -2 computer model.
3. Determine stage -discharge relationships for improved
conditions for the 2, 5, 10, 25, 50, 100, 500 -year, and the
standard project flood event. Water surface profiles for
existing and improved conditions will be provided on same sheets
for comparison.
4. Channel stability. An assessment of the current
channel stability and the potential stability problems resulting
from channel modifications will be made.
5. Local drainage. Drainage of tributaries, ditches
and storm sewers will be considered.
6. Downstream effects. An evaluation of the downstream
effects of the improved channel will be made. Improving the
channel may result in greater discharges; therefore, a comparison
will be made between the improved and existing downstream water
surface profiles. Provisions shall be made to insure no
significant rise in the downstream water surface profiles after
the channel is improved.
C. Documentation and report preparation. Documentation of
hydrologic and hydraulic studies and required coordination will
be provided as the Hydrologic and Hydraulic Appendix in the DPR.
2. FOUNDATIONS AND MATERIALS INVESTIGATIONS. This work has been
performed by the Government during the reconnaissance phase.
Site investigations were conducted by geotechnical personnel to
determine the foundations and materials in the project area.
During the feasibility phase, this data will be provided, in the
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form of an appendix, to the design engineer for use in their
designs of the channel modifications.
3. ENGINEERING, DESIGN AND COST ESTIMATE. This work will be
performed by the Government and consist of preparing a design
appendix, a M-CACES cost estimate, and design plates of the plan
of improvement. All components of the projects shall be
accomplished in a professional manner using accepted engineering
practices and in accordance with Corps of Engineers manuals,
engineer technical letters, and technical reports. All design
work shall be applicable to civil works projects.
A. Design.
1. Channels. All channels will be designed in
accordance with EM 1110-2-1601, Hydraulic Design of Flood Control
Channels, " and EM 1110-2-38, Environmental Quality in Design of
Civil Works Projects."
2. Turfing. Turfing plans for the DPR will be
developed for Cato Springs Branch and Town Branch in accordance
with ETL 1110-2-146, "Landscape Planting Design, Channel
Improvement Project, ETL 1110-2-97, "Aesthetic Design, Channel
Improvement Project," and EM 1110-2-38, "Environmental Quality in
Design of Civil Works Projects."
3. Relocations. Utilities and bridges will not be
relocated.
B. Cost estimate. The M-CACES cost estimates for this
project will be prepared based on quantity take -offs for all
design items included in this Initial Project Management Plan and
shall be in accordance with EC 1110-2-265 and EC 1110-2-538.
C. Documentation and report preparation.
1. Drawings. All drawings will be provided on standard
Mylar with a civil title block. Any of the following can be
utilized: 1) ink, 2) plastic lead, 3) electrostatic plotter, or
4) copy machine. All drawings will be prepared by such methods
and quality of workmanship to permit satisfactory clear and
legible reproduction, including reproduction at one-half scale.
Lettering on the drawings will not be smaller than the 120 size
of Leroy standard guide, either in free hand or mechanical
lettering. No shading of any feature or features will be made on
either the front or back of the drawings. All original drawings
will be prepared at an adequate scale to properly present the
design data development, including detailed feature. Drawings
for site utilities and other.related work, including details
thereof, will be prepared at an adequate Engineer's scale to
clearly and adequately reflect the design data developed. All
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drawings are to be prepared and conform with the Corps of
Engineers standard size 28" x 40" (trim to trim) including the
standard title block.
2. Plates. The design plates required for the Cato
Springs Branch and Town Branch DPR are the project location and
vicinity map, and the plan of improvement including typical cross
sections of both channels.
3. Design appendix. A design appendix for the
be required and will include a plan description for Cato
Branch and Town Branch, design features for the improved
disposal sites, and a M-CACES cost estimate.
DPR will
Springs
reaches,
4. ECONOMIC STUDIES. This work is to be performed by the
Government. The studies to be conducted are divided into two
areas, land use studies and flood control economic studies. The
studies which shall be conducted and the report which presents
the findings shall include the following.
A. Land use. Existing land use distribution of the project
area shall be determined. Land use studies shall distinguish
among single family residential, multifamily residential,
commercial, public, industrial, and vacant land for the project
area.
B. Flood control economic studies. The flood control
economic studies will include the following work items:
1. The expected annual damages to existing properties
without a project shall be determined by reach and shall show the
distribution of the damages to each class of property. This
shall be done with the DIRB flood damage program for structures
and contents and with standard Little Rock District procedures
for other categories of damage.
2. Residual damages shall be estimated for the study
areas for the recommended plan of improvement using the same
techniques as were used to estimate damages without a project.
3. A benefit analysis for prevention of damage to
existing development shall be performed by subtracting the
residual damages from the expected annual damages for conditions
without the proposed improvements. The damages prevented shall
represent the annual benefits from the base year throughout the
25 -year project life.
4. incremental cost analysis. An incremental cost
analysis shall be performed for all recommended mitigation
plans. The purpose of incremental cost analysis is to discover
and display variation in costs, and to identify and describe the
least cost plan. Mitigation analysis shall be presented in an
analytical framework commensurate with other project benefits and
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costs so that rational decisions regarding mitigation can be
made. The least cost mitigation plan that provides full
mitigation of losses specified in mitigation planning objectives,
will be identified and displayed. The recommended plan, if
different, will be compared to it.
C. Documentation and report preparation. An appendix of
the economic studies will be prepared and the economic
evaluations discussed above shall be described. Each line item
of benefits will be discussed in the report and supported with
the methodology of economic analysis. The results of the
economic analyses will be displayed in the appendix. Supporting
studies and data will be clearly and concisely documented.
5. ENVIRONMENTAL STUDIES & COORDINATION. This work item will be
performed by the Government and includes environmental assessment
studies, fish and wildlife coordination activities, and cultural
resources studies necessary to evaluate the environmental impacts
of the alternative plans including the recommended plan of
improvement. Environmental assessment studies involve all
activities, other than fish and wildlife coordination, associated
with the assessment and documentation of the environmental
impacts of alternative plans considered in the feasibility
study. Coordination with the U.S. Fish and Wildlife Service
includes all activities necessary to comply with the 1958 Fish
and Wildlife Coordination Act requirements. Cultural resources
study tasks are to identify the cultural and historical resources
which could be impacted by plans considered in the feasibility
study. These studies are explained in greater detail in the
following paragraphs.
A. Environmental assessment studies. This work item
involves all activities, other than Fish and Wildlife
Coordination Act requirements, associated with the assessment and
documentation of the environmental impacts which should be
considered in the feasibility study.
a. Develop environmental resource inventory. This
work shall be performed by literature search, field
reconnaissance, and coordination with other agencies.
1) Literature search. Information for the
feasibility report shall be obtained by both review of
agency literature and obtaining new information. The
literature can be published and unpublished information,
consultations with universities, state and Federal agencies,
individual and private organizations.
2) Field reconnaissance. Limited field studies
to acquire information for development of the environmental
inventory and assessment shall be performed. Methods used to
acquire and analyze the field data shall be identified. The
existing conditions of the biological resources of the project
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area shall
biological
following:
endangered
be described in the environmental assessment. The
elements to be addressed shall consist of the
vegetational habitats, fish and wildlife resources,
species, and other significant resources.
3) Coordination. Necessary coordination
conducted with respect to prime and unique farmlands and
endangered species.
b. Evaluate environmental effects of alternative plans.
Hydrologic information from the operational plan review studies
will be examined to determine potential impacts on fish and
wildlife resources along Cato Springs Branch and Town Branch.
For potential projects, environmental elements in the area of
project influence shall be evaluated and an assessment of the
beneficial and adverse environmental impacts of each site
recommended for construction shall be prepared in accordance with
environmental guidelines.
c. Evaluate the aesthetic quality of alternative plans.
The aesthetic quality of proposed plans shall be evaluated and
recommendations for design shall be prepared in accordance with
aesthetic quality guidelines.
will be
d. Prepare and coordinate the Finding of No Significant
Impact (FONSI).
B. Fish and wildlife coordination. This work item includes
all activities necessary to comply with United States Fish and
Wildlife Service coordination requirements as outlined in Corps
of Engineers Engineer Regulation (ER) 1105-2-100, ER 200-2-2,
Engineer Pamphlet (EP) 1165-2-1 and EP 1165-2-2.
a.
Act Report.
provided to
Prepare and coordinate Fish and Wildlife Coordination
Proposed operational plans and projects will be
the USF&WS for evaluation in the FWCA Report.
b. Conduct additional coordination activities. This
additional coordination may be required in the performance of
Habitat Evaluation Procedure (HEP) studies to develop terrestrial
project impacts and mitigation measures and instream flow studies
to develop aquatic project impacts and mitigation measures. For
both of these potential studies, benefits and costs of the
mitigation measures shall be determined.
C. Cultural resource studies. No additional studies will
be required. The Arkansas State Historic Preservation Officer
has concurred that the project will have no effect to cultural
resources.
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D. Documentation and report preparation. This work will be
performed by the Government. Documentation of environmental
studies and required coordination will be provided as the
Environmental Assessment to be included with the DPR.
6. REAL ESTATE STUDIES. This work will be performed by the
Government and includes a gross appraisal of the project site and
a report reflecting other real estate costs and the development
of the Local Cooperation Agreement. Right -of -entry permits, if
required, will be obtained.
A. Gross appraisal. The gross appraisal will be based on
the following detail:
(1) Maps of the city with sufficient detail to identify
the types of lands and improvements that will be impacted by the
proposed project will be reviewed. Local real estate will be
researched to gather data about recent land sales and offers for
sale of improved and unimproved properties comparable to the
right-of-way required for alternative plans. This market
information will be the basis for values of the various types of
properties within the proposed project.
(2) A detailed inspection of the proposed project area
will be performed noting which of the improvements are business
related, which are residences, and the number and value within
the project limits. Those improvements lying adjacent to the
project limits that may be impacted by the project and the
unimproved properties that may be damaged by the project will be
determined. Severance damages may be caused by loss of access,
distortion of tracts or uneconomical remnants, and will be
estimated as a lump sum.
(3) The total number of ownerships within the project
area will be determined using the detailed project maps in
conjunction with the latest ownership maps available.
(4) After all field work is completed, a written report
will be prepared giving a general description of the project
area, a summary of the highest and best use of the land involved,
a summary of all sales and offer data with a location map and a
detailed breakdown of the values for the land and improvements.
B. Other Real Estate Costs. A report reflecting other real
estate costs will include consideration of the amount of
relocation assistance required under Public Law 91-646, the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, and acquisition costs per ownership.
A-8
•
•
•
These two reports when combined will include the
following:
(1) Values for lands and improvements
(2) Acquisition costs per ownership
(3) Severance damages as a lump sum for the plan
(4) Contingencies in the amount of 25 percent
(5) A total of the estimated real estate cost.
C. Local Cooperation Agreement. This work will include the
drafting, review, submittal and final execution of the Local
Cooperation Agreement and will be performed by the Government.
D. Documentation and report preparation. Documentation of
real estate studies will be performed by the Government and
included in the DPR.
7, STUDY MANAGEMENT. This work item includes study management,
plan formulation, public involvement, report preparation, and
supervision and administration. All items in this category will
be performed by the Government and the local sponsor.
A. Study management. Study management includes the tasks
associated with overall coordination of the various study work
items including funds management, work item scheduling, and
monitoring and preparation of periodic status reports and
budgetary documents. Also included are the costs associated with
attendance at Study Management Team meetings.
B. Plan formulation. This is the process whereby project
measures and specific project features are conceived and
developed to satisfy specific objectives, and then combinations
of measures are coordinated to develop comprehensive alternative
plans. These alternative plans shall be systematically
formulated. An alternative plan shall consist of a system of
structural and nonstructural measures or plans formulated to
alleviate the flooding problems. Tentative plans shall be
investigated for a plan which reasonably maximizes net national
economic development benefits. This plan shall be identified as
the National Economic Development (NED) plan. Alternative plans,
including the NED plan, shall be formulated in consideration of
four criteria: completeness, effectiveness, efficiency and
acceptability. Completeness is the extent to which a given
alternative plan provides and accounts for all necessary
investments or other actions to ensure the realization of the
planned effects. Effectiveness is the extent to which an
alternative plan solves the specific problems and achieves the
specified opportunities. Efficiency is the extent to which an
A-9
•
•
A
•
•
•
•
alternative plan is the most cost effective means of solving the
flooding and drainage problem and realizing opportunities
consistent which protecting the nation's environment.
Acceptability is the workability of the alternative plan with
respect to acceptance by State and local entities and the public
and compatibility with existing laws, regulations and public
policies. Each alternative plan shall include measures to
mitigate effects on fish and wildlife resources.
C. Public involvement. Public involvement includes the
required public involvement activities needed to properly
incorporate public views and concerns into the study process.
D. Report preparation. Report preparation includes the
activities necessary to document the study results in report form
including duplication and distribution of the DPR.
8. REVIEW CONTINGENCY. This fund requirement, per ER
1105-2-100, is included as a work item to ensure that the sponsor
is afforded the opportunity to participate in any additional
rewriting, documentation, analysis, or reformulation as a result
of Washington level review. This item is only an estimate to
represent possible costs that may accrue as a result of rewrites
or reformulation. The estimate will vary according to comments
received after DPR submittal. This item will be performed by the
Government and the local sponsor.
A review by the Government and local sponsor will be conducted
upon completion of each task. Comments will be documented and
submitted and appropriate changes made to the completed task.
Acceptance of each task will be required by both the Government
and local sponsor.
A-10
•
•
CATO SPRINGS BRANCH AND TOWN BRANCH
FEASIBILITY STUDY
SUMMARY OF STUDY COSTS
TABLE A-1
WORK ITEM
1. Hydrologic & Hydraulic Studies
A. Hydrologic Studies
B . Hydraulic Studies
C. Documentation and Report Prep.
SUBTOTAL
2. Foundations and Materials Invest.
3. Engineering, Design and Cost Est.
A. Design
B . Cost Estimate
C. Documentation and Report Prep.
SUBTOTAL
4. Economic Studies.
A. Land Use Studies
B . Flood Control Econ. Studies
C. Documentation and Report Prep.
SUBTOTAL
5. Environmental Studies & Coordination
A. Environmental Assessment Studies
B . Fish and Wildlife Coordination
D . Documentation and Report Prep.
SUBTOTAL
6. Real Estate Studies
A. Gross Appraisal
B . Preparation of RE
C. Local Cooperation
D . Documentation and
SUBTOTAL
Cost Estimate
Agreement
Report Prep.
7. Study Management
A. Study Management
B . Plan Formulation
C. Public Involvement
D . Report Preparation
SUBTOTAL
8. Review Contingency
•
•
TIME
REQUIRED ESTIMATED
(man-hours) COST
60
200
64
324
12
2,400
8,000
2.600
13,000
500
64 2,900
32 1,500
16 700
112 5,100
16 800
48 2,400
40 2,000
104 5,200
20
20
40
1,000
5,000
1.000
7,000
60 2,400
4 200
48 2,100
4 300
116 5,000
168
30
32
60
290
7,700
1,400
1,500
2.800
13,400
8,000
TOTAL 998 $57,200
A-11
•
to
•
DATE
Jan 92
Jan 92
Jan 92
Jan 92
Feb 92
Feb 92
Feb 92
Mar 92
Apr 92
Apr 92
May 92
May 92
May 92
Jun 92
•
CATO SPRINGS BRANCH AND TOWN BRANCH
FEASIBILITY STUDY
TENTATIVE SCHEDULE
TABLE A-2
DESCRIPTION
Sign FCSA
Request Sponsor's Funds
Receive Sponsor's Funds
Request Federal Funds
Receive Federal Funds
H&H Studies - Existing Conditions
Economic Studies - Existing Conditions
H&H Studies - Modified Conditions
Economic Studies - Modified Conditions
Environmental Assessment Studies
Quantities & Design
Real Estate Studies
Cost Estimates
In -Progress -Review Meeting
Jul 92 Report Appendices Due
Aug 92 Report Preparation
Sep 92 Report In -House Review and Revision
Nov 92 Submit Draft DPR and Draft LCA
Dec 93 Feasibility Resolution Conference
Feb 93 Submit Final DPR and Draft LCA
A-12
•
CATO SPRINGS BRANCH AND TOWN BRANCH
FEASIBILITY STUDY
PROPOSED DISTRIBUTION OF STUDY COSTS IN DOLLARS
TABLE A-3
NON -FED.
WORK ITEM
1.
Hydrologic
& Hydraulic Studies
A.
Hydrologic Studies
B.
Hydraulic Studies
C.
Documentation & Report Prep.
2.
Foundations & Materials Invest.
3.
Engineering
& Design
A.
Design
C.
Cost Estimate
D.
Documentation & Report Prep.
4.
Economic Studies
A.
Land Use Studies
B.
Flood Control Economic Studies
C.
Documentation and Report Prep.
5.
Environmental
Studies & Coordination
A.
Environmental Assessment Studies
B.
Fish & Wildlife Coordination
D.
Documentation and Report Prep.
6.
Real
Estate Studies
A.
Gross Appraisal
B.
Preparation of RE Cost Estimate
C.
Local Cooperation Agreement
D.
Documentation and Report Prep.
7.
Study Management
A.
Study Management
B.
Plan Formulation
C.
Public Involvement
D.
Report Preparation
8.
Review
Contingency
TOTAL
FEDERAL CASH IN -KIND TOTAL
1,200
1,200
0
2,400
4,000
4,000
0
8,000
1,300
1,300
0
2,600
250
250
0
500
1,450
1,450
0
2,900
750
750
0
1,500
350
350
0
700
0
800
0
800
1,200
1,200
0
2,400
1,000
1,000
0
2,000
500
500
0
1,000
2,500
2,500
0
5,000
500
500
0
1,000
0
2,400
0
2,400
0
200
0
200
500
1,600
0
2,100
300
0
0
300
5,350
0
2,350
7,700
700
0
700
1,400
750
0
750
1,500
2,000
0
800
2,800
4,000
1,000
3,000
8,000
......
$28,600
......
------
$21,000
------
------
$7,600
......
-------
$57,200
.......
A-13