Loading...
HomeMy WebLinkAbout; ; Pacific Coast Shoreline Carlsbad Recon Report; 1994-01-01 (2)US Army Corps of Engineers Los Angeles District RECONNAISSANCE REPORT PACIFIC COAST SHORELINE, CARLSBAD SAN DIEGO COUNTY, CALIFORNIA INITIAL PROJECT MANAGEMENT PLAN U.S. Army Corps of Engineers Los Angeles District 300 North Los Angeles Street Los Angeles, California 90053 January 1994 TABLE OF CONTENTS PURPOSE AND SCOPE 1 DESCRIPTION OF THE STUDY AREA 1 FEASIBILITY STUDY COORDINATION 1 WORK TASKS AND RESPONSIBILITIES 2 FEASIBILITY STUDY MANAGEMENT 29 PLAN FORMULATION 30 PUBLIC INVOLVEMENT 31 COASTAL DESIGN 31 COST ENGINEERING 32 ECONOMIC STUDIES 32 ENVIRONMENTAL STUDIES 33 FISH AND WILDLIFE STUDIES 34 CULTURAL RESOURCES STUDIES 35 REAL ESTATE STUDIES 36 INSTITUTIONAL STUDIES 36 REPORT PREPARATION 37 ORGANIZATIONAL BREAKDOWN STRUCTURE (OBS) 37 RESPONSIBILITY MATRIX 37 FEASIBILITY STUDY COST ESTIMATE 55 FEASIBILITY STUDY SCHEDULE 55 COORDINATION BETWEEN THE CORPS AND THE SPONSOR 55 STATEMENT OF CERTIFICATION 58 APPENDIX A: FEASIBILITY COST SHARING AGREEMENT LIST OF TABLES TABLE 1. PROJECT MANAGEMENT 39 TABLE 2. COASTAL DESIGN SECTION 40 TABLE 3. COASTAL RESOURCES BRANCH 42 TABLE 4. ENVIRONMENTAL RESOURCES BRANCH 45 TABLE 5. COST ESTIMATING BRANCH 47 TABLE 6. ECONOMICS SECTION 48 TABLE 7. REAL ESTATE DIVISION 50 TABLE 8. GEOTECHNICAL BRANCH 51 TABLE 9. CITY OF CARLSBAD 52 TABLE 10. PROGRAM DEVELOPMENT BRANCH 53 TABLE 11. COST PER FISCAL YEAR 56 TABLE 12. MILESTONES 57 LIST OF FIGURES FIGURE 1 WORK BREAKDOWN STRUCTURE ............... 3 FIGURE 2 PERT CHART ...................... 4 PURPOSE AND SCOPE The purpose of this Initial Project Management Plan (IPMP) is to establish a program to conduct the Feasibility Study for Pacific Coast Shoreline, Carlsbad. This includes identification of work items, effort required, schedules, and estimates of the cost and funding schedules, and assignment of organization responsibilities required to complete the feasibility phase of the Pacific Coast Shoreline, Carlsbad Study. The feasibility study will contain sufficient engineering and design to enable further refinement of project features, prepare the baseline cost estimate, develop a design and construction schedule, allow design on the selected plan to start immediately following receipt of PED funds, and allow the project to survive PED without need for reformulation, GDM, or post-authorization changes. In order to clarify cost-sharing responsibilities, the study obligations of the Corps of Engineers (referred to as "The Corps" hereafter) and the non-Federal sponsor, The city of Carlsbad (referred to as the "Local Sponsor" hereafter), are identified in accordance with the Water Resources Development Act of 1986 (WRDA, 1986). DESCRIPTION OF THE STUDY AREA A detailed description of the study area and the alternatives examined for storm damage protection is contained in the reconnaissance report. The feasibility study will focus on plans found to be feasible and in the Federal interest for Reach 3 in the City of Carlsbad. This includes providing storm damage protection to Carlsbad Blvd and parking areas, and incidental recreation along the area between the Agua Hedionda jetties. FEASIBILITY STUDY COORDINATION The feasibility studies will be managed by an Executive Committee and a Study Management Team, as provided in the agreement. The Executive Committee will be comprised of the District Conmander, the Deputy District Engineer for Project Management, and Chief of Planning, Los Angeles District, Corps of Engineers, and representatives of the City of Carlsbad. The Executive Committee will oversee the overall study by maintaining a working knowledge of the feasibility study, 2) assisting in resolving emerging policy issues, 3) assuring that evolving study results and policies are consistent and coordinated, 4) directing the Study Management Team, and 5) ratifying decisions made by the Study Management Team. The Study Management Team will also ensure that the approved IPMP is followed, the study schedule and budget maintained, and appropriate policies and guidelines are followed. The Study Management Team will consist of a Corps Planning Manager, a Corps Project Manager, and a designated Study Manager from the city of Carlsbad. The Study Management Team will oversee the studies to ensure the establishment of desired mutual roles, interests, and study objectives. The Study Management Team will implement overall direction of the study provided by the Executive Management Committee and work to ensure that Corps policy, Local Sponsor objectives, and the framework provided by the IPMP is followed. In addition, the Study Management Team will make sure that the study schedule and budget are maintained, that sound technical judgement is followed, and that multi-disciplinary studies and decisions are made in accordance with applicable guidelines and policies. The Study Management Team will ensure that adequate input to the study process is received from the appropriate Federal, State, and local agencies, interested organizations and individuals. WORK TASKS AND RESPONSIBILITIES The Pacific Coast Shoreline, Carlsbad Study will concentrate on the storm damage protection alternatives described in the reconnaissance study with the focus on formulating and optimizing the alternatives. The feasibility study will include the following study tasks which are reflected in the Workbreakdown Structure shown in Figure 1: public involvement; environmental studies; study management; institutional studies; plan formulation; economic studies; coastal engineering and design studies; survey and mapping; cost estimation; fish and wildlife studies; geotechnical studies; cultural resource studies; real estate studies; report preparation; and review. Study progress and intermediate results will be /- reviewed and approved on a quarterly basis by the Executive Committee. Actual meeting dates will be negotiated and agreed upon at the first Executive Committee meeting. At the beginning of the study, Engineering Service Requests (ESR's) will be issued by the Study Management Team detailing specific study tasks, funding, milestones, and the form and detail of the expected product. The study Management Team will finalize a critical path network detailing the start and finish times of each study element, in conjunction with the actual funding schedule. Figure 2 presents the Pert Charts laying out the Study Program including major feasibility study tasks and the responsibilities for accomplishing these tasks as well as schedule and cost. At the beginning of each task, the non-initiating agency, either Corps or Local Sponsor, may review any planned work or contract of the other for adequacy. At the completion of each task, the non-initiating agency may review and approve the results of the work before it is considered complete. Review and assessment of the adequacy of the work will be accomplished by the Study Management Team and its technical staff. The term. "In-Kind" is defined as those tasks completed by the local sponsor in substitution of a cash contribution. HEADQUARTERS WORK STRUCTURE ; lily He ton '.j le»el 5 !xr»i H"'" 1 ,«.». I";1"" f 'unfits I V r(D*IC*L CR ...*«<«' IU •*' ttCIM.STUOltt « mu M _u«' - HOC UHH uuo - UUf _ w«ir UUf It OKUC'tl H III4II PlM»l« ••MM" 4C •lt«H Of (•<•' M 1 M WltS tfMtltii •CH tftiri . u«tt uurt icMiino*. uriUlCO ttt OM . Tl ICDtstm LUK. Lid 0* VO•» SS1" nu«ci i OPTION - aits or HL or>c* mt n . UIO* itft \\ 10 KttlHI U1(U C«W«{*(I VICIH •IMIITum IUK tit ox rutti* or MI ttlOO XOWIMTItMDOCtMHTI MIN *TMflatciuaioc nttt ua ikMiri CHWIUIIOM tff uior - UlDt Nt Hid UTII . IWtH MtMDUtiieit*c'in » 'BiteKiin M an KIM/*** HtllNlHUr IttflVCMl . UUI . UUI tminunai . vuo cu onu » ii UiO'f/ au |t| «jiT(r ntiD suit MCSIW»ii» orritfi ritnM !•• till ID* K»0»f Bill OLtCIIOH UC Uiro cu.tuu«. Kuuicts •cuuctt. tnaift/ttwt »r (vn K rt unit in l'iB> CM' ttd't'l tMiK^ . UUI . UtU toe en* isn»ms UUC UI COIt ISUV1TIivMtn ItMO CHI ISMwriimm CKI tllUiU l«HIi iKUtlt. aiu iti UIClIK lULU OKltO , auM «IICI V »\*IC •iwtts or run it . Ut* .!«' wwa iu er<» PUM.IC . auc «„„/.,».VI u 1*1 ft It u •twttt v'It! II It I" *f'il* •UK.lt U4JI «HU MUCI UIDMCI UUC riuimm <c»o*t ttUO fli** HUOIlt/1<"fS|lttilD' HI (MI Kit to* «n 1UOI •a »ix« [nlHMHHtll . OOCUOUMOH PACIFIC OUST SHORELINE. CARLSMAD fEnsrmi ITY pit Z5-J*n-l»»4 2»-J*n-l»94 1 do. 00 D» V FINAL RECON REPORT TO 1 SPDSPD 1 SPD REVIEW OP1 RECONNAISSANCE REPORT 40.00 Oy« >PH NEGOTIATE IPHP * FCSA 0.00 — J| ,,c IIII II T-M»r-l»»«RECONNAISSANCE REVtE*co»rt»tNcE pi?00""' APPROVAL Or IP HP 8Y CORPSAND CITY 0.00 . , 1 II I'20 00 DT» V 4 - Apr- 1 994 HO HQ CETFIES RCCON REPORTHCADqUARTCRS REVIEW OF AND FCSARECON REPORT o no 10 00 Oft * PH COORDINATE SIGNING OFFCSA0 00 z-M*r-ie»4FCSA SIGNED AND TRANSMITTED TO SPD r*cirir COAST sn CO.OO Off 1 PM OBTAIN FEDERAL AND LOCAL SPONSOR PUNDS FOR PY 0-00 FART-RECPT CM ' PREP POR STUDY. SET UPACCOUNTS, ISSUE ESWS»00 (GEOTtCH BAn | 130.00 fry* •GEOTECHCONDUCT DATA RCVK* ANDPttLD SURVEYS POR BEACH*15.00 DEVELOP f ITHOUT PROJECTCONDITIONS10.00 io.o! Ry* 1REALESDEFINE REAL ESTATE OVNERSHr AND VALUES IN 3.00 CM ARRANGE PUBLK MTC.MAILINC LIST. REPORTERS 1000 i&.bb oV» 1 ENVLANDUSE. RECREATION. ANDAESTHETIC BASELINEl.M ENV CONDUCT COORDINATION MTC• ITH AGENCIES300 4 00 B *• 1ECONCOMPLTU ECONOMICBASELINE or STVDV ART A ttl*'l. OIKKINT10 W .,, | \ ,'to. oo DTI > 1000 DM •GEOTECH ENVTESTING OP DORRO* SITE CONDUCT ELUTtttNT TESTINGOP DORRO* SITEtS 00 10 00 j 1 | mmmm _llBl tffft \' r" 1 110 W> 5ya • io 60 67* 1CRB CRR PREPARE PUBLK NOTKE AND PREPARE POR PUBLKOTHER LTRS MEETING3 00 3 00 ENV ENV FtTH AND VILDLrE SEW VICEPLANNING AID LETTER ID 005 00 10 00 Dr* *ENVAIR AND NOISE BASELINE 300 TbO Sy*"ENVCULTURAL RESOURCE STUDIES OP BEACH *BORRO* INCL MA1000 «t^o Dr« 1 ECON DEVELOP RECREATION MODfLTrt Pit INE DEMAND' * NICD10 00 «*>»-• t»tr' I''A-:.I. ritrv fjitiHfLW! *V'tH'nt M'i:>>; yii.ivtUM t n*N*.t •C»*N':r, Ar'LMHCNT BI'HCI.TK- (-0 )(• K> J *ATCR O.UAL 1 0.00 Dja W WATER O.UAUTY STUDIESINCLUDING RESULTS OP ELU300 PUBLIC * OKI: SHOP * NOI roR EIS ENV ' • "ENDANGERED SPECIESBASELINE3 Mt f. (•(• -I ENV BASELINE I 5.00 Dy» •ENVPREPARE ENVIRONMENTAL BASELINE * DCF ENV PROB*S 00 XH Oft byi • CRBRECEIVE AND SUMMARIZEPUBLK COMMENTS 3 00 - * 1-ii.l.r -^.u .. 1...« . |_ f ? ll!>»Att.~ IOH \*!'|:-t; - £*'" 1 10 (•(• 1 ruin r OUST • «0 00 I COASDES'CONDUCT SURVEYS AND COMPILE SURVEY DAT*1060 PM PH MANAGE AND REPORTING MAN! *rilEDULE*C03Tfl * M'DCFT SCHfto oo n4 (>t> by* i in- CITY CITYCITY MCM1 OF COSTS. CITY 30 00 CRB CKRCOORDINATION AND REVIF* TECH «c.oo ..H H> fit. * it.i- ( |fi 00 —.«.« f .... ...... ., 1 I I PM to oo CITYMCMT INTIND SERVICES CITY IS 00 1 1 rrni| 1 C*hHCT Of «nRt:. TECH II' t* to oo MCMt 1Nt;lND SERVICES t«.MCETINC3.COORDlN»^ oo I1 MCMT or •o«i: 10 (•(• $i\ rtt.n.:>iv |M>(* 10 (•(• f f EiSRPT 5 oo DT» • CUDDEFINE PROBLEMS ANDNEEDS3 00 5.00 Df« • CRDDEFINE PUNNINCOBJKCTIVES AND EVALUATK) 3 00 V f •ivitt MUiiim »M> r»tp»«e r-j «cro»T5erSt "ttRNMivt pu«3 00 ' »» .w- [>>• ECON TOTAL DAM*CES BY EVtNT AND AVERSE ANNUALS I'P I (> IK> D> • * ECONPREPARE DPT ECONOMIC*APPEND!! ECONDEVELOP fUEQ DAMAGE ANALYSIS IHCL EMEfcCtNCY3 OO 1000 DTI > »-M*r-IMS 10.00 D?i tSPB DIVISION CHECKPOINT 1 CRBSPD REVIEW OP r-3 REPORT REVISIONS TO RESPOND TO SPD COMMENTS0 00 3 00 5.00 Djl V CRBPREPARE AND PRESENT F-3CONFERENCE 5 00 40 00 67* WCRBDIRECT DEVELOPMENT OF ALTERNATIVE PUNS ANB AS1000 10.00 Qjm WCEOTECH DESIGN FOUNDATION *BORRO*SITE'PREPARE DPT APPEND)10.00 5.00 Dy* •COASDESUYOUT ALTERNATIVE PUNS 5 00 5.00 Oy» •COSTESTPREPARE COST ESTIMATE FORALTERNATIVE PUNS5.00 COASDEs' COASDES COASDESDEFINE IITH PROJECT RUNUP DETERMINE «ITH PR01CCT DESIGN ALTERNATIVE PUNS 500 300 1000 f • BBAI ft T t1 |H f>(i Bv* «CCON•ITM PROJECT STORM DAMAGEBENEFITS3 00 5.00 Dfi I ECONRECREATION BENEFITANALYSIS300 4 "| | ZCi Of> Djr« • ENVENV IMPACT ANALYSIS OFALTERNATIVE PUNS500 i 10.00 OCOASDESDEVELOP TOTAL PffiST COSTAND MAINTENANCE COST TOMft 00 3.00ICONBCONOHK ANALYSIS OfALTERNATIVE PLANSI 00 S.OO Of* VCUB EVALUATE ALTERNATIVEPUNS COSTS. BENEFITS, I300 20.90 Dy» vCUBMftCCt REFINEMENT OP PINAL PUNS AND HtTICATt900 PREPARE DRAFT PROJECTMANAGEMENT PUN1000 3.00 DT» *COASDES UVOUT FINAL ALTERNATIVEPUNS COMPLETE DRAFT SCHEDULEAND COST fOB PED AND CON10.00 ft.00 Dy« *COASDES RUNUP ESTIMATES »ITNALTERNATIVE PUNS3 00 \ • PRO! DAMAC 1 DES FIN ALTS 3 00 D). ICOASDCS•ITN PROJECT DAMAGEESTIMATES 300 COASDES DESIGN FINAL ALTERNATIVEPUNS300 I DH COA5 APR 100 Dr* *ECONRECREATION BENEFITS REAL ES COST ' ft 06 6T. *—'REALCSDEFINE REAL ESTATEREQUIREMENTS AND COST FO J RKAL E3 Al>P i ....... S.60 Dy« *RCALESCOMPLETE DRAFT REALESTATE APrCHOII 5 (•(' 40 00 Djr» IENVf*»L DRAM CAR 5 00 Djra •tKVDRAM 404 (B)(l) EVAL ENVDRAFT COASTAL CONSISTtNCYDCTtRHINATION3 00 P*|« t S 1 ECON ANALYl \ rw EVAL PLS J FIN COST EST COSTtST COST ESTIMATE FOR FINALALTERNATIVE PUNS3 00 1 MCACES EST L—- I60P Dy» *COSTEST DFT MCACES ESTIMATE 5.66 fry. 1 '«COMECONOMIC ANALYSIS OTFINAL ALTERNATIVESt 00 I DFT ICON APP l- 10 00 DT» • CCON DRAFT tCONOHICS APPENDIX I DFT COST APP t 10 06 0V* *"COSTEST DRAFT COST APPENDIX 5,00 &r> fCM EVALUATt PUNS TtADKOPrs.NED PUN. E4 PUN. LOCAL300 . CUBSELECT RECOMMENDED PUNAND DESCRIBE ALL REQUIRE300 j DEP COST SH 4.60 (y^b CRB DEFINE COST-SHARINGRE4VIEMENTS FIRST COST A3 PO .CRBDEFINE LOCAL COOPERATIONREQUIREMENTS3 00 -I DPT A4 COW L- 1 ) ( -1 PRE CONftREC 1 ... 3.00 DVB VCRDPREPARE PREL CONCLUSIONSAND RECOMMENDATIONS 300 CRB SPD DIVISION CHECKPOINT 1COMPLETE PRELIMINARY SPD REVIEW PREL DFTDRAFT REPORT AND SEND TO REPORT 1000 000 LJ PREP P-4 CON 5.00 Of* • CR*PREPARE AMD PRESENT F-4 CONFERENCEa.oo 10 OO Oyu •CRt REVISIONS PER SPDCOMMENTS300 5.00 Dy» •ECONREVISIONS TO DFT APPENDIXPER SPD COMMENTS300 H I 10.00 Dr» wENY FINALIZE DRAFT EA 3 OO COASDES** COASDES™ COASDES*"OESKN OF RECOMMENDED CONSTRUCT ABILITY AND 0*M FINALIZE DFT COASTALPLAN ANALYSIS APPtNDIK 1000 30O 300 REALCS PNPREPARE REAL ESTATE PLAN FINALIZE PfT PMP SCHEDULE t 00 ft (.0 4 1 r REALES '*DRAFT REAL E>'1»TE APPENDIX r ( ) ZO.OO DT» • CUBPREPAKt FINM, DRfcFI REPORTID 00 c!iV "'* *OBntKi MVIII >m>conRtctiom or omrt in «w> «n» »e»it» or»»»TT uron ncHHiai ntvrewcoxrimwi ritswum MVBIcoMrt»ti«t £"!„_... .. ......i.<-MtKirin m FUTMIIK ntrut roil nc tm me PMSCNTATWHS• 00 I FIN »rt rur 1(< (.(• !>*• « MNAiizr DRAM PHP » 00 to co DCUBPREPARE REVISIONS Pin PCM GUIDANCE500 8.66INV FINALIZE DTT EA FOR PUBREV INCLUDE RESp TO PCM 10 00CM PINA1.IZE DRAFT REPORT FORPUBLIC REVIEW5 00 CR§ PREPARE LTRS, MTCARRANGEMENTS fOR PUBLIC19 00 | FIN CEOT APP I—" -•• 10 oo Dy» •cconcHRESPOND TO PCM COMMENTS *f INILIIC CEOTEC 300 t FIN ECON APP .REAJ.ES FINALIZE REAL ESTATEAPPENDIX t 00 J FIN COST APP [ •• . 10 b(» Ov» •COSTESTFINALIZE COST APPENDIX —I FIN F»«LCAR j— ENVFINAL F» REPORT 10 00 ICR» PREPARE POR PUSUC MEETIHC100 I 00 Dp* ICRBHOLD PUiLIC MCCTIHC 15 00 CRBRECEIVt AND RESPOND TO PUBLIC COMMENTS&00 J COAS CONSIST Pi nj*. I FFA<!RI'T 20 00 t>y* " CRBPREPARE PINAL REPORT IS 00 1 .... ......... 1J 1to oo Or* •ENV PINAL EA INCL RESP TOCUTS * PONSI»00 10.00 OT» • 10 oo Dy. * 4 oo DT« •CRB CRB CRBDISTRICT REVIEW OP PINAL CORRECTIONS TO PINAL PRINT PINAL REPORT REPORT REPORTS 00 5 00 10 00 t4-lMl-ltM 2000 DT« •SUBMIT PINkL REPORT TO SPDSPD SPD REVIEW OP PINAL REPORT0 00 RESPOND TO COMMENTS PROM PREPARE DE NOTICE 5 00 * OP l'.t>f" 1 FtASRrt Ojm PREPARE PIML RESPONSES TO WLRC ASSESSMENT 1000 10.00 ICRPmrua ro« -1"1"0,.. O 10 00 t PREPARE CHIEFS REPORT ASAPREPARE AS* REPORT FEASIBILITY STUDY MANAGEMENT This task will be accomplished primarily by the Corps, in coordination with the Local Sponsor. It includes all management activities, in accordance with current guidelines outlined in ER 1105-2-100, ER 5-7-1, and EC 5-1-48. This includes study sched- uling, providing detailed information for the work done for others, issuing Engineering Service Requests (ESR's), establishing study milestones, developing networks to include work activities, task schedules, critical path networks and funding schedules, directing, monitoring, and modifying assigned work items and funds as required and agreed upon by the Local Sponsor, reviewing results and reports provided by the technical support staff, budget preparation for current year and out years, correspondence, report preparation and review, inter-organization coordination, conference preparation and presentation, point-of-contact responsibilities, and the development and negotiation of the LCA, MOA' s and other customer agreements. Periodic meetings will be held between the Corps and the Local Sponsor to report on the status of the study and possible in-kind services. Monthly status reports covering selected financial and performance measurements will be provided by the Corps. Study Management Team meetings will be held on a quarterly basis, or more frequently if necessary. Study management will ensure that all required tasks and coordination are performed, resulting in the production of a quality feasibility report document. Study management will maintain coordination with the multi-disciplinary study teams to ensure effective and timely decision making. Study management will monitor the scope and progress activities of study to ensure that the study remains on track, within budget and on schedule, and that any potential impacts on scope, schedule and cost are fully coordinated with the Executive Committee and resolved. If the feasibility study results in a plan recommended for Federal participation, the plans and procedures required for project implementation will be defined by a Project Management Plan (PMP). The PMP will include any monitoring requirements and model testing needs and the coordination of O&M studies that need to be completed. Management activities will also include coordination and documentation of all MCACES estimates and revisions to these estimates. The Project Management Plan (PMP) will cover tasks, schedules, costs and management framework and direction for the project through construction. Budgetary management responsibilities include tracking and documenting the funds and budget (accounting) of the study, document appropriations, interpretation of current and future budgetary guidance; submittal of project data sheets and justifi- cation sheets and other testimonial fact sheets as required; monitor and reprogram study funds; execute current year and future funds ; processing schedules of monthly obligations and expenditures; 29 monitor project financial performance; assess District manpower allocations versus available funds; set up and document all cost key accounts, and review of pre- and post-labor reports. PLAN FORMULATION This task will be primarily a Federal responsibility, with input from the Local Sponsor. Plan formulation will be in accor- dance with ER 1105-2-100, P&G, NEPA, and other pertinent engineering, environmental, and economic guidance and regulations. Plan formulation will identify the National Economic Development (NED) Plan and its corresponding level of protection. The report will identify and evaluate the locally preferred plan, if different from the NED plan, and a higher level of protection plan if it is determined that there is an overriding reason to recommend one which offers a greater level of protection. Plan formulation also includes reviewing and refining the plans selected for study during the feasibility phase and other plans developed during the course of study, and developing required plans such as the "no action" plan and various non-structural plans. This task includes identifying the NED plan, considering any environmental impacts and the views of the public, and formulating mitigation measures. The costs and benefits associated with each plan will be determined, and trade- offs required to select the recommended plan for implementation will be identified. Plan formulation includes application of engineering, economic, environmental, and other criteria to the specific problems, needs, and constraints of the study area to develop and analyze various methods, measures, and plans and their contributions to, and effectiveness in addressing the specific problems. It is an iterative and constant review process that requires team participation and constant review, reformulation, and public support. Critical to the process of plan formulation will be the development of the without-project condition as a basis for comparison and evaluation of alternatives, and the recommendation of any key project features and/or related mitigation requirements. Plan formulation will also include an evaluation of advance engineering and construction plans for applicability to Section 104 credit. The annual and periodic activities and responsibilities for operating and maintaining (O&M) the completed project will be described and closely coordinated with other requirements (e.g. cost estimates and environmental monitoring). The general magnitude of these activities will be described for all alternatives in detail; however, more detail will be provided for the alternative(s) recommended for implementation. All requirements of 33 CFR 208 and other Federal regulations specifying operation and maintenance requirements will be clearly described so that the Local Sponsor's future responsibilities will be known. 30 PUBLIC INVOLVEMENT Responsibility for this task will be shared between the Corps and the Local Sponsor, with the Local Sponsor performing most of the work. This task primarily consists of coordinating the study scope and results with the public; conducting public meetings and workshops; and responding to public inquiries. Also included is preparation of a public involvement plan upon initiation of the feasibility study. This plan will guide activities throughout the study . The Corps will provide the Notice of Initiation of the feasibility study, provide public information summaries toward the end of the study, assist the Local Sponsor with local coordination, prepare and conduct the final public meeting, and provide necessary local, State and Federal coordination for the study. The Local Sponsor will be responsible for hosting public meetings, completing follow-up documentation and maintaining mailing lists. COASTAL DESIGN The design task will include preliminary design, final design, and cost estimate of the alternative plans. The work includes design and cost estimates for the shoreline stabilization and protection measures, environmental mitigation and protection features. Also, a detailed analysis of the prevailing coastal processes will be performed to determine the wave climate, revise the sediment budget, perform hydrographic and topographic surveys, and model shoreline change. Preliminary construction procedures, construction sequencing, operation and maintenance analysis, and water control and dust/noise suppression plans will be developed. Construction hauling routes, access and staging areas will be identified. Constructibility reviews with USAGE construction elements will be conducted. Preconstruction engineering and design and construction schedules will be prepared. Work will also include preparation of materials, including text and plates, for inclusion in the appendix summarizing the coastal processes and design studies, assisting in plan formulation, in-house report review, response to comments, support to the Study Manager and others during the study phase, and preparation of work and cost estimates for the Project Management Plan. Activities for the design work consist of the following: 31 COST ENGINEERING This work will be accomplished by the Corps. Detailed first and annual baseline costs, including operation and maintenance and replacement, will be developed in the MCACES format. The estimates will be prepared in accordance with EC 1110-2-538, EC 1110-2-263, "civil Works Construction Cost Estimating", and EC 11-2-157, "Fully Funded Estimate". A detailed basis of estimate and sensitivity analysis will be developed. All estimates shall be prepared as both first-cost (existing prices) and fully funded COSt. ECONOMIC STUDIES This element will be accomplished by both the City of Carlsbad and the Corps. The work consists of evaluating inundation damage, emergency/clean-up costs and revetment damage to Carlsbad Boulevard fronting Agua Hedionda Lagoon for both with and without project conditions. Detour time must also be determined. Parking constraints and a regional recreational model must also be developed. The economic data prepared during the reconnaissance report will be used to its full extent when such data is consistent with feasibility report requirements. The extent of wave run-up influencing inundation damages to the roadway and revetments along Carlsbad Boulevard fronting Agua Hedionda Lagoon must be established in order to accurately calculate the extent of roadway damages for a given event for both with and without project conditions. The elevation-damage relationships will be provided by Coastal Engineering. Using the EAD program, the Economic Section will perform annualization of the elevation-damage relationship. Detour time required to travel the detour route at different times of the day and during varying seasons. Detour time and mileage will be obtained during a site visit. Damages to Carlsbad Boulevard and the Tamarack parking lot will be based on historical clean-up of sand debris deposited on the roadway and emergency repairs to the parking lot. Economics Section will perform survey and analysis to determine, whether a parking constraint exists in relation to beach recreational use. The survey will ask selected beach users on peak days their parking location. Additionally, using aerial or street mapping, the Economic Section will evaluate the total number of parking spaces available. In accordance with current policy, a regional recreation model is required, since beach visitor days are expected to exceed 750,000 annually. The task includes definition of recreational market 32 creation of survey, survey mailing or personal interview, determination of valid sample size, creation of database, coordination of sample size and survey with IWR personnel, data analysis, and benefits determination. ENVIRONMENTAL STUDIES Feasibility study tasks include collecting environmental data that define existing and future (without project) conditions. The various alternatives will be evaluated in detail, and potential environmental impacts, environmental commitments, and mitigation features will be identified. Most work will be performed by the Corps, but some work will be contracted to the U.S. Fish and Wildlife Service (USFWS), or to a private firm. The Environmental Evaluation (EE) prepared in the reconnaissance phase will be expanded into a Draft and Final Environmental Impact Statement (EIS). Resource agencies and organizations will likely view the construction of groins or breakwaters as a significant impact, especially outside of an existing harbor. Potentially controversial issues include impacts to biological habitat, recreation (surfing), and aesthetics. The EIS will evaluate the environmental effects of the alternative plans. This report will be coordinated with Federal, State, and local governments and agencies as well as interested groups and individuals. If necessary, a plan will be developed for fish and wildlife resources mitigation. Any land required for mitigation will be identified. A monitoring plan would also be developed to record the success of the mitigation measures. Monitoring of sensitive habitats, especially the lagoons, may be required during construction. The USFWS, and other wildlife agencies, would probably request mitigation for impacts to marine habitats, including benthic resources, kelp beds, and eelgrass. In the past, Corps policy has been that replacement of sandy-bottom habitat with rocky structures does not require mitigation. Adverse impacts to endangered species and other sensitive resources would likely be avoided. Construction time windows would probably be set to avoid the nesting season of the least tern and the western snowy plover. Impacts to existing eelgrass beds would require, at a minimum, 1:1 mitigation. After a preferred plan is developed and before the EIS is completed, any sites which may be eligible for the National Register will be identified, and a mitigation plan, if needed, will be developed in consultation with the state Historic Preservation Officer (SHPO) and a Determination of Effect will be coordinated with both the SHPO and, if needed, the Advisory Council on Historic Preservation (see Cultural Resources). In coordination with the USFWS, a Coordination Act Report (CAR) 33 will be prepared to determine a viable, environmentally preferred plan. Requirements of Section 7 of the Endangered Species Act will be completed during the Feasibility Study, including a Biological Assessment and formal consultation with the USFWS, if necessary. A Section 404(b)(l) Evaluation of water quality impacts will be developed and coordinated with State and Federal water quality agencies to ensure adequate consideration has been given to water quality and in order to acquire water quality certification or, if appropriate, an exemption. Dredged material will be mechanically and chemically tested prior to its disposal on the beach or in the nearshore environment. A Consistency Determination will be prepared for review by the California Coastal Commission, to ensure compliance with the California Coastal Act of 1976. Preparation of the EIS will include ecological and biological support staff services, cultural resources support staff services, field reconnaissance where required, and coordination of USFWS funding for the CAR. Recreational support staff services, and a Hazardous and Toxic Waste investigation, may also be required. Environmental studies tasks include a literature search and review of existing reports for archeological, historical, and environmental resources; field surveys under NEPA and Section 106 to establish base-line conditions; preparation of materials, including text and plates, for inclusion in the appendix; establishment of future "without-project" conditions; determination of impacts and effects of the alternatives; ecological and cultural resources coordination; analysis of necessary mitigation; assistance in plan formulation; development and preparation of all appropriate NEPA documents; in-house report review; response to comments; and support to the Study Manager and others during the study phase. Using data from coastal engineering modeling studies, the study team would analyze potential impacts to surfing and other recreational uses of the project area. Additional recreation studies tasks (as necessary) would include determination of existing recreational uses and facilities; determination of future recreational uses within the project area; identification of potential impacts to existing recreational uses and facilities; preparation of materials, including text and plates, for inclusion in the appendix; and assisting in plan formulation. FISH AND WILDLIFE STUDIES This task will primarily be done by the Corps, in coordination with staff from other agencies. The work includes studies conducted by USFWS in support of the above-mentioned environmental studies by agreement with the Corps as required by the Fish and Wildlife 34 Coordination Act. This task also includes management of the USFWS work agreement. A CAR will be prepared that will refine environmental effects of the selected alternative, summarize study findings, and incrementally analyze alternative mitigation strategies acceptable to the USFWS for all alternative studies in detail. Either the USFWS, the National Marine Fisheries Service, or a private contractor will be funded to conduct dive surveys and benthic sampling of alternative construction sites. These studies (and the CAR) will be used to determine baseline conditions, the environmental impacts associated with the various alternatives, and specific mitigation requirements. The fish and wildlife studies will provide data to be included in the environmental appendix. The data will be used in the preparation of materials, including text and plates, for inclusion in the appendix; for in-house review; in response to comments; and in providing support to the Study Manager and others during the study phase. CULTURAL RESOURCES STUDIES This task will be done by the Corps. The cultural resources studies will determine the impacts of the alternative plans on historical, architectural, and archeological resources. All studies will be conducted in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended, 36 CFR 800 "Protection of Properties", and Corps Engineering Regulation 1105-2- 100. In consultation with the SHPO, the Corps will conduct sufficient archival and field surveys to identify cultural sites within the study's Area of Potential Effect (APE) and will evaluate the eligibility of all cultural sites for the National Register of Historic Places. A detailed report will be prepared which will describe all cultural resources within the APE and assess the impacts of each project alternative on these resources for inclusion in the environmental section of the appendix. The report will also describe the range of additional future preservation or mitigation efforts and the associated costs of these studies. If project alternatives are determined to have an effect on sites eligible for the National Register, the Corps will proceed with further consultation with the SHPO and will afford the Advisory Council on Historic Preservation (ACHP) and other interested parties an opportunity to comment. If necessary, the Corps may enter into a Memorandum of Agreement with the SHPO, ACHP and non-Federal sponsor to stipulate ways to avoid or reduce the effects of project alternatives on cultural resources. Preservation or mitigation of cultural resources will be considered in more detail for the plan 35 recommended for construction in any advanced planning for the proj ect. REAL ESTATE STUDIES This element will be conducted by the Corps. It will include preparation of preliminary real estate cost estimates for project right-of-way requirements, participation in pre-Local Cooperation Agreement activities, preparation of real estate plan for inclusion in the feasibility report, preparation of a gross appraisal in the code of accounts format, and preparation of scope of work outlining real estate input to the PMP. The preparation ofpreliminary cost estimates includes the development of preliminary cost estimate(s) for total Real Estate Cost associated with proposed project scenarios. The Real Estate Cost Estimate(s) will include a value estimate of the projects's real property requirements, an estimate of any PL 91-646 relocation on payments required as a result of the project's real property acquisitions, an estimate of the local sponsor's administration cost to accomplish the project's real property requirements and an estimate of the corps' administration cost to assist and monitor the local sponsor's real property acquisition program. Real Estate Plan (REP), an over all plan describing the minimum real estate requirements for the project requirements, will be prepared. A gross appraisal report, which provides a detailed estimate of all Real Estate Cost associated with the acquisition of the proposed project's real property requirements, will be prepared. There is a possibility the will not be needed. The preparation of baseline cost estimates real estate must be done. This activity includes accounting for the project's total estimated Real Estate Cost in code of accounts format as required by EC 111-2- 538 under Feature Codes 01, Lands and Damages. This estimate of total Real Estate Cost should include estimated costs for all Federal and local sponsor activities necessary for completion of the proj ect. Real Estate will provide input to the PMP. INSTITUTIONAL STUDIES This task will be accomplished by the Corps and consists primarily of determining the financial and legal arrangements required to implement the recommended plan, including methods of financing the projects. A financial capability analysis will examine whether or not the Local Sponsor has the organizational, 36 legal, and financial capability to undertake the required financial obligations for implementation of the project after it is authorized for construction by Congress. Studies include determining the political and institutional arrangements of the study area and identifying attitudes and customs regarding the management and use of the resources. The results of the study will be provided in a financial and cost recovery analysis section of the feasibility report . This task will also include estimating alternative repayment options for any incidental project purposes. REPORT PREPARATION This work will be the responsibility of the Corps, in coordination with the Local Sponsor. The Work will include collection and assembly of pertinent data, writing, editing, typing, drafting, reviewing, revising, reproducing, and distributing the draft and final feasibility reports, environmental assessments, and related technical documents and appendices. This task also includes work items necessary to support the review process from the signing of the feasibility report to the request by the Assistant Secretary of the Army for Civil Works (ASA(CW) ) to the Office of Management and the Budget (OMB) for the views of the administration. These items could also include answering comments, attending meetings of the Washington Level Review Center. ORGANIZATIONAL BREAKDOWN STRUCTURE (OBS) The organizational breakdown structure (OBS) for the Los Angeles District was also used in developing the Critical Path Network. The OBS displays the hierarchy of the organizations responsible for the performance of the work listed in the WBS. Interfacing organization shaving authority and responsibility, are clearly defined and identified in the OBS. The list of organizations for the Los Angeles district was taken directly from CESPL OM 18-1-2, dated 15 August 1990. This District regulation provides the Budget element, Organization Codes, and Payroll Location Codes used within the Los Angeles District. Figure 3 is the general Organizational Breakdown Structure for the U.S. Army Corps of Engineers, Los Angeles District. RESPONSIBILITY MATRIX Tables 1 through 10 show for each organization the expected work activities they will be responsible for to complete the Feasibility 37 Study. The tables also shows the expected duration of each activity and the expected start and completion schedule, as well as costs. It is the responsibility of each organization to assure staff is available for execution of the assigned activities within the expected schedules and costs shown. Any changes in effort, schedule or cost, particularly the critical path items, must immediately be brought to the attention of the Technical Study Manager to determine if adjustments can be made in the study program without changing overall schedule and cost. If changes impact on overall schedule of milestones and total study cost, the technical manager will resolve problem with the project manager who will present the issue and recommendations to the Executive Committee for approval as well as Corps higher echelon. 38 3k & Milestone List name Description PROJECT MANAGEMENT Planned duration Start date Finish date Page 1 Pin other cost X)T IPMP ^A APPROVD ^N FCSA 2UEST FUND }J MGMTFY1 )J MGMTFY2 R DFT PMP r SCH&COST DJ MGMT F3 N SCH&COST N DFT PMP NALIZE PMP NEGOTIATE IPMP & FCSA APPROVAL OF IPMP BY CORPS AND CITY COORDINATE SIGNING OF FCSA OBTAIN FEDERAL AND LOCAL SPONSOR FUNDS FOR FY MANAGE AND REPORTING SCHEDULE&COSTS & BUDGET PREP MANAGE AND REPORTING OF SCHEDULE&COSTS, BUDGET PREPARE DRAFT PROJECT MANAGEMENT PLAN COMPLETE DRAFT SCHEDULE AND COST FOR PED AND CONSTRUCTION MANAGE AND REPORT ON SCHEDULE &COST, BUDGET FINALIZE DFT PMP SCHEDULE AND COST FINALIZE DRAFT PMP FINALIZE PROJECT MANAGEMENT 40 20 10 20 68 260 20 20 70 5 10 20 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys W W W W W W W W W W W W 25-Jan- 22-Mar- 19-Apr- 3-May- 28-Jun- 1-Oct- 23-Jun- 21-Jul- 1-Oct- 15-Nov- 22-Nov- 27-Mar- 1994 1994 1994 1994 1994 1994 1995 1995 1996 1995 1995 1996 21-Mar- 18-Apr- 2-May- 30-May- 29-Sep- 29-Sep- 20-Jul- 17-Aug- 6-Jan- 21-Nov- 5-Dec- 23-Apr- 1994 1994 1994 1994 1994 1995 1995 1995 1997 1995 1995 1996 0 0 0 0 20 20 10 10 20 5 5 10 .00 .00 .00 .00 . 00 . 00 .00 .00 .00 .00 .00 . 00 PLAN COASTAL DESIGN SECTION sk & Milestone List sk name Description Planned duration Start date 7E ANAL RVEYS TTORAL ANL D SHLIN CH VE RUNUP RUC DAM ES F ALTERN •ASTAL APPD : ,YOUT PLANS PROJ RUNUP PROJ DAMAG iS ALT PLNS >TAL COSTS DEVELOP STATISTICAL WAVE, TIDE, CURRENT CONDUCT SURVEYS AND COMPILE SURVEY DATA PREP SHOREL I NE& VOLUME CHANGE &SEDIMENT BUDGET MODEL SHORELINE CHANGES DEVELOP WAVE RUNUP FREQUENCY AND SCOURING RELATIONS DEVELOP STRUCTURAL DAMAGE ESTIMATES FOR VARIOIUS EVENTS DEVELOP CONCEPTUAL ALTERNATIVES PREPAR'E DRAFT COASTAL APPENDIX LAYOUT ALTERNATIVE PLANS DEFINE WITH PROJECT RUNUP FOR ALTERNATIVE PLANS DETERMINE WITH PROJECT STRUCTURAL DAMAGE FOR ALT DESIGN ALTERNATIVE PLANS AND QUANTITY TAKEOFFS DEVELOP TOTAL FIRST COST AND 20. 60. 20. 20. 10. 10. 5 . 10. 5. 5. 5. 20. 10. 00 00 00 00 00 00 00 00 00 00 00 00 00 Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys W W W W W W W W W W W W W 28-Jun- 28- Jun- 20-Sep- 18-Oct- 15-Nov- 29-Nov- 13-Dec- 20-Dec- 4 - Apr- il -Apr- 18-Apr- 25-Apr- 30-May- 1994 1994 1994 1994 1994 1994 1994 1994 1995 1995 1995 1995 1995 Finish 25-Jul- 19-Sep- 17-Oct- Page 1 date Pin other cost 1994 1994 1994 14-Nov-1994 28-Nov-1994 12-Dec- 19-Dec- 2- Jan- 10-Apr- 17-Apr- 24-Apr- 22-May- 12-Jun- 1994 1994 1995 1995 1995 1995 1995 1995 10 50 10 10 5 10 3 5 5 5 3 10 5 .00 .00 .00 .00 .00 .00 . 00 . 00 .00 .00 .00 .00 .00 \ COASTAL DESIGN SECTION -,k & Milestone List 3k name Description Planned duration Start date Finish date Page 2 Pin other cost I TOUT PLANS PROJ RUNUP PROJ DAMAG S FIN ALTS T COAS APP S REC PL NST&O&M AN T COAS APP N COAST AP MAINTENANCE COST FOR ALT PL LAYOUT FINAL ALTERNATIVE PLANS RUNUP ESTIMATES WITH ALTERNATIVE PLANS WITH PROJECT DAMAGE ESTIMATES DESIGN FINAL ALTERNATIVE PLANS COMPLETE DFT COASTAL APPENDIX DESIGN OF RECOMMENDED PLAN CONSTRUCTABILITY AND O&M ANALYSIS FINALIZE DFT COASTAL APPENDIX RESP TO PGM COMMENTS AND FINALIZE COASTAL APPENDIX&PMP 3.00 Dys W 5.00 Dys W 3.00 Dys W 10.00 Dys W 10.00 Dys W 10.00 Dys W 5.00 Dys W 10.00 Dys W 15.00 Dys W 23-Jun-1995 28-Jun-1995 5-Jul-1995 10-Jul-1995 24-Jul-1995 18-0ct-1995 l-Nov-1995 S-Nov-1995 27-Mar-1996 27-Jun-1995 4-Jul-1995 7-Jul-1995 21-Jul-1995 4-Aug-1995 31-0ct-1995 7-Nov-1995 21-Nov-1995 16-Apr-1996 3 .00 3.00 3 5 00 00 10.00 10.00 3 .00 3 .00 10.00 COASTAL RESOURCES BRANCH ?k & Milestone List ik name Description Planned duration Start date PREP lANG PM 3 PROJ DBS ! CH MGMTFY1 B NOT&LTR EP PUB MTG CEIVE CMTS CH MGMTFY2i F PROB&NDS F PLN OBJ | F ALT PLNS »MP F3 RPT 'EP F-3 CON PREP FOR STUDY, SET UP ACCOUNTS, ISSUE ESR'S ARRANGE PUBLIC MTG, MAILING LIST, REPORTER, ETC &OTH MTGS DEVELOP WITHOUT PROJECT CONDITIONS COORDINATION AND REVIEW OF WORK PROGRESS AND RESULTS PREPARE PUBLIC NOTICE AND OTHER LTRS PREPARE FOR PUBLIC MEETING RECEIVE AND SUMMARIZE PUBLIC COMMENTS TECH MGT OF WORK, PROGRESS REVIEW, REV STUDY PROGRAM DEFINE PROBLEMS AND NEEDS DEFINE PLANNING OBJECTIVES AND EVALUATION CRITERIA REVIEW MEASURES AND DEFINE ALTERNATIVE PLANS PREPARE F-3 REPORT PREPARE AND PRESENT F-3 20. 30. 140. 68 . 10. 20 . 20. 260. 5. 5. 5. 10. 5. 00 00 00 00 00 00 00 00 00 00 00 00 00 Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys W W W W W W W W W W W W W 31-May- 28-Jun- 28-Jun- 28-Jun- 9-Aug- 23-Aug- 20-Sep- 30-Sep- 31-Jan- 7-Feb- 14-Feb- 21-Feb- 7-Mar- 1994 1994 1994 1994 1994 1994 1994 1994 1995 1995 1995 1995 1995 Finish 27 -Jim- s' Aug- 9-Jan- 29-Sep- 22-Aug- 19-Sep- 17-Oct- 28-Sep- 6-Feb- 13-Feb- 20-Feb- 6-Mar- . 13-Mar- Page 1 date Pin other cost 1994 1994 1995 1994 1994 1994 1994 1995 1995 1995 1995 1995 1995 5 10 10 20 3 3 3 20 3 3 3 5 5 .00 .00 .00 .00 .00 . 00 .00 .00 .00 .00 .00 .00 .00 sk & Milestone List 3k name Description COASTAL RESOURCES BRANCH Planned duration Start date Finish date Page 2 Pin other cost SP SPD CMT V ALT PLNS AL ALT PLS F ALT PLNS N EVAL PLS L REC PL F COST SH F PL IMPL E CON&REC >M PRE DFT CONFERENCE REVISIONS TO RESPOND TO SPD COMMENTS DIRECT DEVELOPMENT OF ALTERNATIVE PLANS AND ASSESSMENTS EVALUATE ALTERNATIVE PLANS COSTS, BENEFITS, ENVIRON DIRECT REFINEMENT OF FINAL PLANS AND MITIGATION EVALUATE PLANS TRADEOFFS, NED PLAN, EQ PLAN, LOCAL PREF SELECT, RECOMMENDED PLAN AND DESCRIBE ALL REQUIREMENTS DEFINE COST-SHARING REQUIEMENTS FIRST COST AND O&M DEFINE LOCAL COOPERATION REQUIREMENTS PREPARE PREL CONCLUSIONS AND RECOMMENDATIONS COMPLETE PRELIMINARY DRAFT 10 .00 40. 00 5.00 20.00 5. 00 3 . 00 5.00 5 .00 3 .00 20 . 00 Dys W Dys W Dys W Dys W Dys W Dys W Dys W Dys W Dys W Dys W 21-Mar-1995 4-Apr-1995 16-Jun-1995 23-Jun-1995 3-Aug-1995 10-Aug-1995 15-Aug-1995 22-Aug-1995 29-Aug-1995 6-Sep-1995 3 29 22 20 9 14 -Apr- -May- - Jun- -Jul- -Aug- -Aug- 21-Aug- 28 31 3 -Aug- -Aug- -Oct- 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 3 .00 10 .00 3 . 00 5.00 3 .00 3 . 00 3 . 00 3 . 00 3 . 00 10 . 00 COASTAL RESOURCES BRANCH • >k & Milestone List4 k name Description Planned duration Start date Finish date Page 3 Pin other cost MGMTFY3 >^P F-4 CON ^P SPD CMT :« DFT REP V&COR DFT EP TRC-FRC R OF FRC P PGM S PGM V DFT EP PUB REV EP PUB MTG fB MTG 1C PUB CMTS REPORT AND SEND TO SPD FOR F4 TECH MGMT OF WORK,PROGRESS REVIEW,REV STUDY PROGRAM PREPARE AND PRESENT F-4 CONFERENCE REVISIONS PER SPD COMMENTS PREPARE FINAL DRAFT REPORT DISTRICT REVIEW AND CORRECTIONS OF DRAFT REPORT PREPARE FOR TRC AND FRC PRESENTATIONS PARTICIPATE IN PREPARING MFR PARTICIPATE IN PREPARING PGM PREPARE REVISIONS PER PGM GUIDANCE FINALIZE DRAFT REPORT FOR PUBLIC REVIEW PREPARE LTRS, MTG ARRANGEMENTS FOR PUBLIC REVIEW PREPARE FOR PUBLIC MEETING HOLD PUBLIC MEETING RECEIVE AND RESPOND TO PUBLIC COMMENTS 70.00 Dys W 5.00 Dys W 10.00 Dys W 20.00 Dys W 10.00 Dys W 10.00 Dys W 10.00 Dys W 10.00 Dys W 10.00 Dys W 10.00 Dys W 5.00 Dys W 10.00 Dys W 1.00 Dys W 15.00 Dys W 29-Sep-1995 4-Oct-1995 18-Oct-1995 22-NOV-1995 20-Dec-1995 3-Jan-1996 14-Feb-1996 28-Feb-1996 13-Mar-1996 27-Mar-1996 4-Jan-1996 10-0ct-1995 31-0ct-1995 19-Dec-1995 2-Jan-1996 16-Jan-1996 27-Feb-1996 12-Mar-1996 26-Mar-1996 9-Apr-1996 10-Apr-1996 16-Apr-1996 17-Apr-1996 l-May-1996 2-May-1996 30-Apr-1996 l-May-1996 22-May-1996 20.00 5.00 3 .00 10.00 5.00 5.00 2 .00 2 .00 5.00 5.00 15 . 00 3 . 00 3 .00 5.00 \ 1 \ ' COASTAL RESOURCES BRANCH 1 sk & Milestone List sk name 1 EP FIN RPT . V FIN RPT R FIN RPT FIN RPT SP CMT ! RC ASSESS E RES ASSE i D MTG SP ASSESS Description PREPARE FINAL REPORT DISTRICT REVIEW OF FINAL REPORT CORRECTIONS TO FINAL REPORT PRINT FINAL REPORT RESPOND TO COMMENTS FROM SPD WLRC REVIEW AND ASSESSMENT PREPARE PRELIM RESPONSES TO ASSESSMENT & PREP FLD MTG FIELD MTG WITH WLRC PREPARE FINAL RESPONSES TO Planned duration Start date 20 10 10 5 10 30 5 2 10 .00 .00 .00 .00 .00 .00 .00 .00 .00 Dys Dys Dys Dys Dys Dys Dys Dys Dys W W W W W W W W W 23-May- 20-Jun- 4-Jul- 18-Jul- 22-Aug- 12-Sep- 24-Oct- 31-Oct- 4 - Nov - 1996 1996 1996 1996 1996 1996 1996 1996 1996 Finish 19-Jun- 3-Jul- 17-Jul- 24-Jul- 4-Sep- 23-Oct- 30-Oct- 1-Nov- 15-Nov- date Pin 1996 1996 1996 1996 1996 1996 1996 1996 1996 1 1 Page 4 other cost 15. 5. 5. 10. 5. 5. 10. 5. 10. 00 00 00 00 00 00 00 00 00 EP SR REP WLRC ASSESSMENT PREPARE FOR SENIOR REPS MEETING 10.00 Dys W 18-Nov-1996 29-Nov-1996 5.00 ENVIRONMENTAL BRANCH : 'k & Milestone List i i ;k name Description Planned duration Start date Finish date Page 1 Pin other cost iRD MTG ID,REC,AST i jTURAL RES ; ? & NOISE •JL PL AID 3 STUDIES :DANG SPEC 3UTR TEST CONDUCT COORDINATION MTG WITH AGENCIES LANDUSE, RECREATION, AND AESTHETIC BASELINE CULTURAL RESOURCE STUDIES OF BEACH &BORROW INCL MAGNETOM AIR AND NOISE BASELINE FISH AND WILDLIFE SERVICE PLANNING AID LETTER ENDANGERED SPECIES BASELINE CONDUCT ELUTRIENT TESTING OF 5 10 5 10 40 40 10 10 .00 .00 .00 .00 .00 .00 .00 .00 Dys Dys Dys Dys Dys Dys Dys Dys W W W W W W W W 28-Jun- 28- Jun- 5-Jul- 5-Jul- 5-Jul- 30-Aug- 25-Oct- 13-Dec- 1994 1994 1994 1994 1994 1994 1994 1994 4-Jul- 11-Jul- 11-Jul- 18-Jul- 29-Aug- 24-Oct- 7-Nov- 26-Dec- 1994 1994 1994 1994 1994 1994 1994 1994 3 3 10 3 5 10 3 10 .00 .00 .00 .00 .00 .00 .00 . 00 PER QUAL V BASELINE V IMP ANAL V IMP ANAL WL DFT CAR E DFT EA BORROW SITE WATER QUALITY STUDIES INCLUDING RESULTS OF ELUTRIENT TESTING ' PREPARE ENVIRONMENTAL BASELINE & DEF ENV PROB&NEEDS ENV IMPACT ANALYSIS OF ALTERNATIVE PLANS IMPACT ANALYSIS F&WL DRAFT CAR PREPARE PRELIMINARY DFT EA 5.00 Dys W 5.00 Dys W 20.00 Dys W 10.00 Dys W 40.00 Dys W 10.00 Dys W 27-Dec-1994 3-Jan-1995 2-Jan-1995 9-Jan-1995 ll-Apr-1995 8-May-1995 28-Jun-1995 12-Jul-1995 12-Jul-1995 ll-Jul-1995 5-Sep-1995 25-Jul-1995 3 .00 5 .00 5.00 5.00 10 .00 10 . 00 3k & Milestone List 3k name Description ENVIRONMENTAL BRANCH Planned duration Start date Finish date Page 2 Pin other cost r r r M M M AS 404B1 CCD AQ CONF DFT EA DFT EA F&WLCAR CONSIST DRAFT 404 (B) (1) EVAL DRAFT COASTAL CONSISTENCY DETERMINATION DRAFT AQ CONFORMANCE DETERMINATION FINALIZE DRAFT EA FINALIZE DFT EA FOR PUB REV INCLUDE RESP TO PGM CMTS FINAL F&WL COORD ACT REPORT OBTAIN COASTAL COMMISSION 5 5 3 10 5 20 40 .00 .00 .00 .00 .00 .00 . 00 Dys Dys Dys Dys Dys Dys Dys W W W W W W W 26-Jul-1995 2-Aug-1995 9-Aug-1995 18-Oct-1995 27-Mar-1996 27-Mar-1996 17-Apr-1996 1-Aug- 8-Aug- 11-Aug- 31-Oct- 2-Apr- 23-Apr- 11-Jun- 1995 1995 1995 1995 1996 1996 1996 3 3 2 3 3 5 : 2 .00 .00 .00 .00 .00 .00 .00 N EA&FONSI RESPONSE FINAL EA INCL RESP TO CMTS & FONSI 10.00 Dys W 23-May-1996 5-Jun-1996 3 . 00 COST ESTIMATE BRANCH I 3k & Milestone List 3k name Description Planned duration Start date Page 1 Finish date Pin other cost COST EST PREPARE COST ESTIMATE FOR ALTERNATIVE PLANS COST EST COST ESTIMATE FOR FINAL ALTERNATIVE PLANS ACES EST DFT MCACES ESTIMATE T COST APP DRAFT COST APPENDIX M COST APP FINALIZE COST APPENDIX 5.00 Dys W 5.00 Dys W 10.00 Dys W 10.00 Dys W 10.00 Dys W 23-May-1995 29-May-1995 24-Jul-1995 28-Jul-1995 31-Jul-1995 14-Aug-1995 27-Mar-1996 ll-Aug-1995 25-Aug-1995 9-Apr-1996 5 . 00 3 .00 5 . 00 5.00 2 .00 & Milestone List name Description ECONOMICS SECTION Planned duration Start date Page 1 Finish date Pin other cost )N BASELIN .:REA MODEL SQ- DAMAGE ANSP IMPAC TAL DAMAGE T ECON AP GREAT BENE PROJ BENEF ON ANAL GREAT BEN ORM DAM BE ON ANAL Y I T ECON APP T ECO APP COMPLETE ECONOMIC BASELINE OF STUDY AREA DEVELOP RECREATION MODEL TO DEFINE DEMANDS & NEEDS DEVELOP FREQ DAMAGE ANALYSIS INCL EMERGENCY COST DETERMINE TRANSPORTATION DELAYS TOTAL DAMAGES BY EVENT AND AVERAGE ANNUAL PREPARE DFT ECONOMICS APPENDIX RECREATION BENEFIT ANALYSIS WITH PROJECT STORM DAMAGE BENEFITS ECONOMIC ANALYSIS OF ALTERNATIVE PLANS RECREATION BENEFITS DERIVE STORM DAMAGE BENEFITS ECONOMIC ANALYSIS OF FINAL ALTERNATIVES DRAFT ECONOMICS APPENDIX REVISIONS TO DFT APPENDIX PER 5 20 10 10 5 10 5 5 3 3 3 3 10 5 .00 .00 .00 .00 .00 .00 .00 .00 .00 . 00 .00 . 00 .00 .00 Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys Dys W W W W W W W W W W W W W W 28-Jun- 5-Jul- 13-Dec- 27-Dec- 10-Jan- 17-Jan- 11-Apr- 25-Apr- 13-Jun- 28-Jun- 10-Jul- 31-Jul- 3 -Aug- 18-Oct- 1994 1994 1994 1994 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 4-Jul- 1-Aug- 26-Dec- 9-Jan- 16-Jan- 30-Jan- 17-Apr- 1-May- 15-Jun- 30-Jun- 12-Jul- 2-Aug- 16 -Aug- 24-Oct- 1994 1994 1994 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 3 10 3 5 3 5 3 3 2 3 3 2 2 3 .00 . 00 .00 .00 .00 .00 . 00 .00 .00 . 00 .00 . 00 . 00 .00 SPD COMMENTS :sk & Milestone List f sk name Description ECONOMICS SECTION Planned duration Start date Finish date Page 2 Pin other cost ECON APP FINALIZE ECON APPENDIX 5.00 Dys W 27-Mar-1996 2-Apr-1996 3 .00 I ! ( ; 1 REAL ESTATE DIVISION ^k & Milestone List 3k name AL ES BASE AL ES COST AL ES APP AL EST PL AL ES APP FJ RE APP Description DEFINE REAL ESTATE OWNERSHIP AND VALUES IN STUDY AREA DEFINE REAL ESTATE REQUIREMENTS AND COST FOR ALT COMPLETE DRAFT REAL ESTATE APPENDIX PREPARE REAL ESTATE PLAN FOR RECOMMENDED PROJECT DRAFT REAL ESTATE APPENDIX FINALIZE REAL ESTATE APPENDIX Planned duration Start date 10 5 5 5 3 5 .00 .00 .00 .00 .00 . 00 Dys W Dys W Dys W Dys W Dys W Dys W 28 28 5 8 15 27 -Jun- - Jun- -Jul- -Nov- -Nov- -Mar- 1994 1995 1995 1995 1995 1996 Finish 11-Jul- 4-Jul- 11-Jul- 14-Nov- 17-Nov- 2-Apr- date Pin 1994 1995 1995 1995 1995 1996 ( ) Page 1 other cost 3 3 5 2 2 2 .00 .00 .00 . 00 . 00 . 00 3k & Milestone List 3k name Description GEOTECHNICAL BRANCH Planned duration Start date Page 1 Finish date Pin other cost "(TECH BASE RROW TSTG ': JND&BORROW GEOT APP CONDUCT DATA REVIEW AND FIELD SURVEYS FOR BEACH&BORROW TESTING OF BORROW SITE DESIGN FOUNDATION &BORROW SITE*PREPARE DFT APPENDIX RESPOND TO PGM COMMENTS&FINALIZE GEOTECH APPENDIX 30.00 Dys W 90.00 Dys W 20.00 Dys W 20.00 Dys W 28-Jun-1994 9-Aug-1994 4-Apr-1995 8-Aug-1994 12-Dec-1994 l-May-1995 27-Mar-1996 23-Apr-1996 25.00 25.00 10 .00 3 .00 CITY OF CARLSBAD sk & Milestone List Page I 3k name Description Planned duration Start date Finish date Pin other cost TY MGMTFY1 CITY MGMT OF COSTS, INKIND 68.00 Dys W 28-Jun-1994 29-Sep-1994 30.00 SERVICE,MTGS, REVIEW [ TY MGMTFY2 CITY MGMT INKIND SERVICES, 260.00 Dys W 30-Sep-1994 28-Sep-1995 25.00 1 REVIEWS, MTGS, COORDINATION ? TY MGMTFY3 CITY MGMT INKIND 70.00 Dys W l-Oct-1996 6-Jan-1997 25.00 } SERVICES,REVIEW,MEETINGS, COORD 2 IN k & Milestone ListI I 3k name Description PROGRAM DEVELOPMENT BRANCH Planned duration Start date Page 1 Finish date Pin other cost >G DEV FY1 PROGRAM DEVELOPMENT SUPPORT FOR BUDGET AND FUNDS MGMT )G DEV FY2 PROGRAM DEVELOPMENT SUPPORT FOR BUDGET AND FUNDS MGMT ~)G DEV FY3 PROGRAM DEVELOPMENT SUPPORT BUDGET AND FUNDS MGMT 68.00 Dys W 260.00 Dys W 70.00 Dys W 28-Jun-1994 29-Sep-1994 30-Sep-1994 29-Sep-1995 28-Sep-1995 4-Jan-1996 10.00 15.00 10 .00 FEASIBILITY STUDY COST ESTIMATE The feasibility study cost estimate for Pacific Coast Shoreline, Carlsbad is $960,000, without contingencies. Adding 20% for contingencies brings the cost to $1,152,000 (see Table 11). All feasibility phase study costs are required to be cost-shared between the Corps and the Local Sponsor on a 50-50 basis. Further, the Local Sponsor will provide, at a minimum, half of its share as a cash contribution. Tables 1 to 10 outline the tasks to be performed, the estimated cost of each task, and study obligations for the Corps and Local Sponsor. Supervision and administration is covered under each task cost as overhead. The feasibility study cost estimate is based on Jan 1994 price levels, and is subject to revision for inflation for the out years. Inflation adjustments will be administered to the appropriate, tasks at the current year approved rate. Changes in costs due to inflationary adjustments will not require a revision to the FCSA. The cost estimate for the feasibility study is separated into fiscal years and quarters. Table 11 outlines the costs for each q fical year during the feasibility study. The Corps will provide periodic reports to the Local Sponsor, which would include "Selective F&A Data Base Record, Form 666". The Local Sponsor will provide the Corps, on a quarterly basis, similar finance and accounting data that would record the work-in-kind efforts by the Local Sponsor. The value of in-kind services will be based on the equivalent government cost. FEASIBILITY STUDY SCHEDULE The final feasibility report and Project Management Plan are scheduled to be submitted to the South Pacific Division (SPD) approximately twenty-eight (28) months after initiation of the feasibility study. The signing of the FCSA is scheduled to take place one (1) month prior to initiation of the Study. The Distict Engineer's issuance of the public notice, which completes the feasibility phase, is scheduled to occur one (1) month after the final feasibility report is submitted. Table 12 gives the main Milestones for the Feasibility Study. COORDINATION BETWEEN THE CORPS AND THE SPONSOR The Executive Committee is scheduled to meet, at a minimum, at the signing of the FCSA, at the public meeting, and at the concluding Feasibility Review Conference (FRC). The Committee will also meet periodically to discuss the project status and to handle changes in study scope that would result in an increase in total study cost or major changes in study direction, and at required Issue Resolution Conferences, if necessary. The Study Management 55 Team will meet approximately every 6-8 weeks. Financial coordination will include quarterly financial statements composed of expenditures and obligations. The Corps will also provide quarterly reports to the Local Sponsor, which would include "Selective F&A Data Base Record, Form 666". The Local Sponsor will provide to the Corps, on a quarterly basis, similar finance and accounting data that will record cash expenditures and work-in-kind efforts by the Local Sponsor. Cost-sharing cash payments will be made to the Corps approximately one (l) month after feasibility study initiation. The first payment will be made upon initiation of the study for the amount expected to be expended during the time until the next scheduled payment as outlined above. A final audit of the cost-sharing agreement and reconciliation of cash payments will be made at the conclusion of the study. The Corps will also furnish to the Local Sponsor a monthly progress report, detailing the status of each study task. TABLE 11 COST PER FISCAL YEAR ($1,000) FY94 FY95 FY96 FY97 TOTALS Cost Estimating Plan Formulation Public iavoLvmtat Report Preparation/Processing Technical Management Program Development Branch City of Carlibad Economics Section Environmental Re*<rcrce Branch Coastal Engineering Section Project Management Branch Geotechnical Branch Real Estate Section TOTAL TOTAL (W1TH10% CONTINGENCY) 10 19 0 25 10 30 13 19 60 20 25 3 244 292,8 18= 35 0 20 20 15 25 34 34 95 40 35 & 409 490,8 2 13 26 84 20 30 10 25 6 16 26 40 3 6 277 30 332.4 36 20 58 45 104 95 35 80 53 109 181 100 63 17 960 1152. TABLE 12 PACIFIC COAST SHORELINE, CARLSBAD FEASIBILITY STUDY Milestone Description Date Number 100 Initiation of F. S. (Fl) May 1994 101 Public Workshop (F2) APR 1993 Sep 1994 102 Division Checkpoint Conference #1 (F3) Mar 1995 103 Division Checkpoint Conference #2 (F4) Oct 1995 104 Submit Draft Feasibility Report (F5)Jan 1996 106 Feasibility Review Conference Feb 1996 161 Field Level Coordination (F6) Apr 1996 162 Public Meeting (F7) May 1996 163 Submit Final FR to SPD (F8) Jul 1996 170 DE Notice (F9) Sep 1996 180 WLRC Submission Sep 1996 Senior Representatives Briefing Nov 1996 Chief of Engineers Report Dec 1996 Asst Sec Army (CW) Report Jan 1997 57 Statement of Certification Initial Project Management Plan Pacific Coast Shorline, Carlsbad, San Diego County, California Feasibility Phase Los Angeles District, Corps of Engineers This is to certify that the undersigned have reviewed, and concur in the scope, structure, and cost estimate for the subject study in the amount of $960,000.00 ($1,152,000 with 20% contingencies) based on January 1994 price and salary levels. Los Angeles District ROBERT S. JOE Chief, Planning Division ROBERT S. KOPLIN Chief, Engineering Division CARL F. ENSON Chief, Con-Ops Division BRIAN M. MOORE Deputy District Engineer (Project Management) BERNARD J. MEIROWSKY Chief, Contracting Division VIRGIL D. TAYLOR Chief, Real Estate Division MARTIN DENSE Chief, Resource Management Office STEPHEN E. TEMMEL Office of Counsel 58 APPENDIX A: FEASIBILITY COST SHARING AGREEMENT COST-SHARED AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CARLSBAD THIS AGREEMENT, entered into this 18th day, of January, 1993, by and between the United States of America (herein after called the "Government"), represented by the Contracting Officer executing this agreement, and the City of Carlsbad (herein called the "Sponsor"). WITNESSETH, that WHEREAS, the House Committee on Public Works has authorized the Corps of Engineers to study the Carlsbad shoreline, "with a view to determining to the effects of beach erosion upon the infrastructure and the cause of damage to public and private property and determining solutions which are engineeringly, economically and environmentally feasible"; and WHEREAS, the Corps of Engineers conducted a reconnaissance study of the Carlsbad shoreline, to develop and assess the Federal interest in solutions to the problem 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 fulfill the intent of the study authority and to complete the determination of the extent of Federal interest in solving or reducing the problems of storm damage, navigation hazard elimination, and related programs along the shoreline of Carlsbad; 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: 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 to be limited to: labor charges; direct costs; overhead expense; 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 issuance of initial Federal Feasibility funds following the execution of this Agreement, and ending when the report is submitted to the Office of Management and Budget (OMB) by the Assistant Secretary of the Army for Civil Works (ASA(CW)) for review and consistency with the policies and programs of the President; and 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 Scope of Studies incorporated herein and in the Plan of Study and which is acceptable to both parties. 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 28 months from the initiation of work in each region, substantially in compliance with Article II herein, and in conformity with applicable Federal laws and regulations, the Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies, and mutually acceptable standards of engineering practice; and 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 estimated to be $960,000 as specified in the Initial Project Management Plan; 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. The award of any contract with a third party for services in furtherance of this Agreement which obligated Federal appropriations shall be exclusively within the 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 funds shall be exclusively within control of the Sponsor, but shall be subject to applicable Federal statutes and regulations. d. 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. e. The Government will not continue with the Study if it determines it is not in accord with current policies and budget priorities unless the Sponsor wishes it to continue under the terms of this Agreement and the Department of the Army grants an exception. If the Study is discontinued, it shall be concluded according to Article XII and all data and information shall be made available to both parties. f. The Sponsor may wish to conclude the Study if it determines it 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. ARTICLE III - SCOPE OF STUDIES The Initial Project Management Plan (IPMP), is hereby incorporated into this Agreement. The parties to this Agreement shall substantially comply with the Scope of Studies 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 20%; b. any modification in the estimated cost of a study work item or any obligation for a Study work item, which changes the total cost of that work item by more than 20% (see the IPMP); C. any extension of the completion schedule for a Study work 3 item of more than thirty (30) days (see the IPMP); d. any reassignment of work items between the Sponsor and the Government (see the IPMP). 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 Scope of Studies 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 Scope of Studies herein. b. The Sponsor shall endeavor to obtain during each Government fiscal year the cash contribution for that fiscal year at least in the amounts specified in the Scope of Studies incorporated herein and, once it has obtained such 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 to 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 Scope of Studies incorporated herein, it shall at once notify the Executive Committee established under Article V herein. The Executive Committee shall at once determine if the Agreement should be amended, suspended, or terminated under Article XII herein. ARTICLE V - MANAGEMENT AND COORDINATION a. Overall study management shall be the responsibility of an Executive Committee consisting of the District Engineer and Chief of Planning Division for the Los Angeles District, U.S. Army Corps of Engineers; and the Sponsor's counterparts. b. To provide for consistent and effective communication and prosecution of the items in the Scope of Studies, the Executive Committee shall appoint a representative 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 XII herein, the parties hereto shall proceed diligently with the performance of this Agreement. ARTICLE VII - MAINTENANCE OF RECORDS The Government and the Sponsor shall each 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 Sponsor shall maintain such books, records, documents and other evidence for inspection and audit by authorized representatives of the parties to this Agreement. Such material shall remain available for review for a period of three (3) years following termination of this Agreement. ARTICLE VIII - RELATIONSHIP 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 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 5500.11 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. ARTICLE XII - TERMINATION OR SUSPENSION a. This Agreement shall terminate at the completion of the Study Period; 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 THEREOF, the parties hereto have executed this agreement as of the day and year first above written. THE UNITED STATES OF AMERICA CARLSBAD CITY OF By By R.L. VANANTWERP Colonel, Corps of Engineers District Engineer Contracting Officer City Manager City of Carlsbad APPROVED AS TO FORM: City Attorney