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HomeMy WebLinkAbout217-91 RESOLUTIONI • 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 • 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: 1 • 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. 3 • 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 4 • 1 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 5 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. 6 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 7 • • APPENDIX A INITIAL PROJECT MANAGEMENT PLAN CATO SPRINGS BRANCH AND TOWN BRANCH FAYETTEVILLE, ARKANSAS • 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 A-1 • 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 A-2 • 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 A-3 • • 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 A-4 • 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 A-5 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 A-6 il 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. A-7 • • 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