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07-I Lake Crook Hydro Survey MEMORANDUM City of Paris Utilities Department Date: January 6, 2003 To: Michael E. Malone City Manager From: Herbert H. Campbell Director of Utilities Re: Lake Crook Hydrographic survey Lake Crook was built in 1922-23 and was the primary water supply from that time until Pat Mayse Lake was built in 1964-65. Since there was only one pipeline built to Pat Mayse Lake when it was put in service, summer peak demands could not be met with water just from Pat Mayse Lake. Lake Crook was used in the summer to supplement flow from Pat Mayse Lake to meet these summer peaks. In 1994, a second line was built to Pat Mayse Lake and the water treatment plant upgraded. After that, peak summer flows could be met using only Pat Mayse Lake water. Lake Crook was then primarily used as an emergency back up water supply. It has become even more important now. While preparing the City of Paris official Drought Management Plan it was apparent that we did not have any recent or good data as to the current minimum safe yield capacity of Lake Crook, the last sedimentation study having been done in 1956. These curves, with adjusted estimates, were used while developing the Drought Management Plan. Senate Bill 2 was passed and after its implementation, some surplus money was available for doing this type study, but its use had to be approved by the Regional Planning Committee. I asked Reeves Hayter with Hayter Engineering to bring this up at one of the regional planning meetings so that some of this money could be used for this type study. The Committee turned us down. I sought funding elsewhere. I contacted the Texas Water Development Board and they said that no grants were available for these studies, but they could conduct the study if we wanted one done. The price for the study was estimated to be $14,500.00 depending on the actual size of the lake as determined by the study. Last fall, the TWDB contacted me and said that they had found a program (Public Law 101-540, Section 319 and Public Law 93-251, Section 22) whereby we could save some money in doing the study. Working with the assistance of the Corps of Engineers, the TWDB would conduct the study for $8,300.00 +/- as above. I contacted the TWDB and the Corps of Engineers and they have sent us the paperwork to get this study initiated. If it is approved by the Council, I expect the study to be completed before summer. In this years budget, $25,000.00 has been allocated for "Lake Crook Special Project". While this money was to be used to replace some more of the concrete panels on the face of the dam, I think it would be appropriate to use a portion of it to do this study and to take advantage of the assistance offered by the Corps of Engineers. DRAFT F:~Attorney\Lisa~esolutions\CURRENT\Lake Crook Hydro Survey Res.wpd January 9, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THE TEXAS WATER DEVELOPMENT BOARD AND THE U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT, AND A LETTER AGREEMENT WITH THE U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT, FOR THE PERFORMANCE OF A HYDROGRAPHIC SURVEY AT LAKE CROOK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Water Department has been made aware of the need for a hydrographic survey at Lake Crook, and the Texas Water Development Board is agreeable to providing such service, at no cost to the City, to be funded by the U.S. Army Corps of Engineers, Fort Worth District; and, WHEREAS, in order to establish the process by which the U.S. Army Corps of Engineers, Fort Worth District, will provide $8,250.00 in funding in conjunction with $8,300.00 by the City of Paris to the Texas Water Development Board to perform such hydrographic survey, it is necessary for the City of Paris, the Texas Water Development Board, and the U.S. Army Corps of Engineers, Fort Worth District, to enter into a Memorandum of Agreement and a Letter Agreement with the U.S. Army Corps of Engineers, Fort Worth District; and, WHEREAS, the form of the Memorandum of Agreement, attached hereto as Exhibit A, and separate Letter Agreement, attached hereto as Exhibit B, should in all things be approved, and the City Manager should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Manager be, and he is hereby authorized and directed to execute, on behalf of the City of Paris, a Memorandum of Agreement Between the Texas Water Development Board, City of Paris, Texas, and U.S. Army Corps of Engineers, Fort Worth District, and a separate Letter Agreement with the U.S. Army Corps of Engineers, Fort Worth District, for a Lake Crook Hydrographic Survey, under the terms and conditions and in the forms shown in Exhibits A and B, respectively, attached hereto. Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 13th day of January, 2003. ATTEST: Michael E. Malone, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney MEMORANDUM OF AGREEMENT BETWEEN THE TEXAS WATER DEVELOPMENT BOARD, CITY OF PARIS, TEXAS AND U.S. ARMY CORPS OF ENGINEERS FORT WORTH DISTRICT FOR LAKE CROOK HYDROGRAPHIC SURVEY THIS AGREEMENT entered into this __ day of ,200_, by and between the U.S. Army Corps of Engineers, Fort Worth District (hereinafter referred to as "the District"), represented by the District Engineer, executing this Agreement, the Texas Water Development Board (hereinafter referred to as "TWDB"), represented by the Executive Administrator, and the city of Paris, Texas, (hereinafter referred to as "the City"), represented by the City Manager. 1. STATEMENT OF PURPOSE The purpose of this Memorandum of Agreement is to establish the process by which the U.S. Army Corps of Engineers, Fort Worth District, will provide funding to the TWDB to perform a hydrographic survey of Lake Crook, Texas. "Exhibit A-Scope of Work", attached hereto and made a part hereof, provides a detailed description of the work to be accomplished under this Memorandum of Agreement. This Agreement is entered into pursuant to the authority found in 31 U.S.C. Sec. 6505, Federal Acquisition Regulations (48 C.F.R.) Subpart 17.5, and DFAS- IN Regulation 37-1. 2. RESPONSIBILITIES OF THE DISTRICT The District will provide funding, as authorized, to TWDB to conduct a hydrographic survey of Lake Crook, Texas, and provide the deliverables specified in "Exhibit A-Scope of Work." The total cost of the work is not to exceed $14,500. The District will provide data when requested by TWDB. This assistance shall be limited to providing copies of data available in District files. The District will also provide assistance, if requested, to locate sedimentation range markers. Other assistance requiring technical evaluation or computations not already completed for other purposes shall not be provided. 3. RESPONSIBILITIES OF THE TWDB Under this Agreement, all work tasked to TWDB shall be independently managed by TWDB. TWDB shall furnish appropriate professional services including all necessary labor, support services, materials, and equipment. The services to be provided may be accomplished using a combination of TWDB personnel, seasonal personnel, and contractors as determined jointly by the District and the TWDB. Procurement activities by TWDB shall be conducted in accordance with regulations that are applicable to TWDB. This Memorandum of Agreement shall not be construed as creating any debt by or on the behalf of the State of Texas, and for the TWDB, any obligations are subject to the availability of funds. 4. BILLING AND PAYMENT TWDB shall furnish invoices to the District as follows: (1) Billing for 75% of the cost of the survey upon completion of the field work; and (2) Billing for the remaining 25% of the cost of the survey upon completion of the survey report as specified in paragraph 3 of the attached "Exhibit A-Scope of Work." The invoices shall be forwarded to the District Project Manager specified in Paragraph 6.b below, for review and signature indicating services and work that have been performed. The Project Manager shall then forward the approved invoices to the U.S. Army Corps of Engineers, USACE Finance Center, CEFC-AD- C EROC M2, 5722 Integrity Drive, Millington, Tennessee 38054-5005, for payment. The District will provide payment to TWDB for cost incurred associated with performance of the survey as defined in Paragraph 4.a above within forty-five (45) days from receipt of TWDB's respective invoices, unless the such invoices are not approved. If an invoice is not approved, it shall be returned by the District to TWDB within 15 days with a written explanation of why it was not approved. 5. FURTHER UNDERSTANDING TWDB agrees to comply with all applicable Federal and State laws and regulations associated with performance of the survey. Before any Party to this Agreement may bring suit in any court concerning any issues relating to this Agreement, such Party must first seek in good faith to resolve the issue through negotiation or other form of non-binding alternative dispute resolution mutually acceptable to the Parties. TWDB and the District, respectively, establish and acknowledge that either party is not an agent or servant to the other party, and thus is solely responsible for the acts and deeds of its employees, officers, contractors and agents during performance of the services defined in this agreement. It is understood by the parties that TWDB services (surveys, studies, and coordination conducted in conjunction with this Agreement) will comply with applicable Federal and State laws and regulations. All data collected by TWDB, as well as data collected by the District, will be shared between the District and TWDB. Follow-on survey efforts which may be identified by the surveys, studies, and coordination are not included within this Agreement. Such additional efforts will require further review and separate authorization and agreement prior to the performance of any additional effort. The District shall not be responsible for damages to property or injuries to persons which may arise or be incident to the prosecution by TWDB of any work under this agreement. To the extent that it may legally do so, TWDB shall hold and save the District, including its officers, agents and employees, harmless from any and all claims, not including damages due to the fault or negligence of the District. The language of this provision, included at the insistence of the District, shall in no way be constructed as an action or attempt by the TWDB to waive any Texas Constitutional or statutory prohibitions. In the event that any (one or more) of the provisions of this Agreement is found to be invalid, illegal, or unenforceable, by a court of competent jurisdiction, the validity of the remaining provisions shall not in any way be affected or impaired and shall continue in effect until the Agreement is completed. This Agreement shall terminate upon completion of the Lake Crook Hydrographic Survey Report, unless this Agreement is otherwise modified by written amendment mutually agreeable to both Parties. 6. AGENCY COORDINATION AND PROJECT MANAGEMENT To provide for consistent and effective communication between the District, the City and TWDB, each agency shall appoint a representative to discuss, evaluate, and make decisions concerning technical issues which may arise under this Agreement. As of the signature date of this Agreement, those Technical Points of Contact will be Dr. Barney Austin, Technical Representative for TWDB, Mr. Herb Campbell, Technical Representative for city of Paris and Mr. Arthur Birdwell, Technical Representative for the District. Unless otherwise notified in writing, the District, TWDB and the city of Paris Project Managers shall be: Arthur Birdwell U.S. Army Corps of Engineers Fort Worth District ATTN: CESWF-PM-C P. O. Box 17300 Fort Worth, TX 76102-0300 Barney Austin Chief, Surface Water Section Texas Water Development Board P. O. Box 13231 Capitol Station Austin, Texas 78711-3231 Herb Campbell Director of Utilities City of Paris P.O. Box 9037 Paris, Texas 75461-9037 7. EFFECTIVE DATE OF THIS AGREEMENT This Agreement shall become effective upon the signature of the Parties. U.S. ARMY CORPS OF ENGINEERS TEXAS WATER DEVELOPMENT BOARD BY GORDON M. WELLS Colonel, Corps of Engineers District Engineer Fort Worth District BY J. KEVIN WARD Executive Administrator Texas Water Development Board DATE: DATE: City of Paris, Texas BY: City Manager City of Paris DATE: EXHIBITA SCOPE OF WORK 1. INTRODUCTION The Texas Water Development Board (TWDB) shall perform, or cause to have performed, a hydrographic survey of Lake Crook, Texas. The purpose of this survey is to collect hydrographic data when the reservoir is at or above the normal/conservation pool elevation, and convert this information into area-elevation-volume table. 2. LOCATION OF SURVEY Lake Crook is located in Lamar County in east Texas. The dam and lake are on Pine Creek approximately two miles north of the City of Paris, Texas. The facility provides water supply for Paris, Texas. Water-rights owner and operator of Lake Crook is the City of Paris, Texas. The lake has a surface area of 1,226 acres. 3. SURVEY PLAN, SPECIFICATION, AND ANALYSES Surface acreages will be based on Digital Orthophoto Quadrangles, if available. Positioning on the lake surfaces will be established utilizing Differential Global Positioning System (DGPS) with an estimated resolution of three meters or better. Survey data will be collected from survey lines spaced at approximately 500 feet. These lines will be followed to the extent possible as permitted by obstructions. Positioning and sounding data will be collected and stored electronically at the rate of one measurement every second, or an average spacing of twenty (20) feet. The model of the lake bottoms will be mathematically interpolated between collected points by accepted engineering practices, and will be mathematical estimates of the actual bottoms. Analyses of the survey data will include the following deliverables: (1) elevation-area-volume tables, acceptable to the Texas Natural Resource Conservation Commission (formerly the Texas Water Commission), of the reservoirs with definition of 0.1 feet; (2) bottom contour maps with definition of 5 feet; and (3) a shaded relief plot of the lake bottom. Area-elevation-capacity tables estimated to 0.01 feet will be provided upon written request. A copy of the report text and area-elevation-capacity tables will be provided for review and comment. Any legitimate questions regarding accuracy should be addressed in writing within thirty days, and will be addressed in the report. Four copies of the reports will be provided to the U.S. Army Corps of Engineers, Fort Worth District (the District), along with the digital data. Additional copies of the reports will be provided at the cost of $35.00 per copy. The report provided in conjunction with the survey will not address sediment location and thickness, unless negotiated as an additional charge. All data from the survey will be stored for future reference. 4. SURVEY SCHEDULE The field survey is expected to be completed in one to two working days after commencement. The first day will be spent meeting lake staff, visually surveying the lake conditions, and finding and checking the condition of boat ramps. The survey will begin after the completion of these activities. Pool elevation, weather, and condition of equipment are some of the possible factors that could affect the actual time of performing the survey. The TWDB will contact the District Project Manager the week prior to the survey to confirm the proposed date. Confirmation by the District Project Manager will signify approval that the survey be conducted at the current lake elevation. If any delays are anticipated, the survey will be rescheduled as soon as possible. The new date will be determined with the approval of the District Project Manager. 5. ON-SITE STORAGE An enclosed, secure structure with minimum dimensions of 10 feet by 30 feet, shall be provided by the City for storage of the survey vessel. The enclosed, secured structure will need a vertical clearance of sufficient height to allow storage of the survey vessel on it's trailer, or approximately 12 feet. TWDB personnel will coordinate with the City or designated representative staff for hours of accessibility to this structure. 6. COST ESTIMATE Survey Cost. Lake Crook has a surface area of 1,226 acres. The cost of the survey and report are proposed as lump sum fees in accordance with the recorded surface areas and the standard rate schedule set forth in Table 1. A contingency fee will be charged in the following circumstances: Presence of a significant number of obstructions to navigation will be the basis for assessment of contingency fees to recover engine and boat damages. A fee of $500.00 will be charged for lakes between 100 and 500 surface acres of submerged trees or stumps, a fee of $1000.00 will be charged for lakes with between 501 and 1,000 surface acres of submerged trees and stumps. A fee of $1,500.00 will be charged for lakes between 1,001 and 1,500 surface acres of submerged trees or stumps, a fee of $2,000.00 will be charged for lakes with between 1,501 and 2000 surface acres of submerged trees and stumps. Whether a fee will be charged and how much of a fee will be determined by the field crew during the performance of the survey. The field crew will notify the APPLICANT when conditions merit charging the cumulative damages fee due to conditions of the lake before continuing with the survey in the problem area. The APPLICANT can visit the site with the crew to experience the reasons for the additional charge unless the APPLICANT agrees to the prospect of a charge incurring before the survey begins. (No navigational hazard contingency fees will be charged for the hydrographic survey of Lake Crook). With no contingency fees, the total survey shall not exceed $14,500. b. Hydrographic Survey Cost Computation. The Texas Water Development Board computes Hydrographic Survey costs utilizing the following formula: 2 Rate = 0.0000014 X (Area) + 1.15 X (Area) + $13,000 =$14,412 (Area is the surface area of the lake at the time of the survey, in acres and Rate is the proposed cost of the survey). Lake Crook has a surface area of 1,226 acres at elevation 476 feet National Geodetic Vertical Datum. The estimated survey cost is therefore $14,500.00 (rounded up to the next $100.00). The cost of the survey and report are proposed as lump sum fees in accordance with the recorded surface areas and the standard rate schedule and represents the typical charges for a "standardized" underwater bathymetric survey for a given size lake and associated reporting of the findings. This standard charge schedule assumes: a surface acreage of the lake at normal pool elevation; an underwater bathymetric survey only; a 500- foot average width between the surveying transects; acceptable weather conditions; no significant surface or sub-surface obstructions to navigation; no unusual owner-induced delays once the field mobilization and survey effort has been initiated; a coordination meeting with the owner; and a standard survey report consisting of a description of the lake and previously-known physical and storage conditions, description of the hydrographic survey methodology, narrative and tabular descriptions of the newly surveyed physical parameters of the lake bathymetry and storage capacity, representative cross-sections of the lake survey, a two-dimensional contour map and shaded relief plot of the lake bathymetry, and associated digital files of the survey results, if requested. c. Cost Summary 1. Survey (1,226 surface-acres) $14,500.00 2. Contingencies: add'l work requested by Sponsor $ 0.00 navigational hazards $ 0.00 3. TOTAL $14,500.00. 7. SUMMARY Based on the above cost schedules, and assuming the maximum lake surface area at the time of the survey is 1,226 acres, the maximum total cost of this survey would be $14,500.00. The final cost analysis and cost-sharing adjustments will be conducted at the conclusion of the survey. CERTIFICATION OF LEGAL REVIEW The Draft Memorandum of Agreement for the Lake Crook Hydrographic Survey has been fully reviewed by the Office of Counsel, USAED, Fort Worth District, Fort Worth, Texas and is legally sufficient. Office of Counsel Date DRAFT LETTER AGREEMENT PLANNING ASSISTANCE TO STATES LAKE CROOK HYDROGRAPHIC SURVEY THIS AGREEMENT, entered into this day of 2003, by and between the United States of America (hereinafter called the "Government"), represented by the District Engineer for the Fort Worth District, U.S. Army Corps of Engineers, and the city of Paris, Texas (hereinafter called the "Sponsor"), WITNESSETH, that WHEREAS, Section 22 of the Water Resources Development Act of 1974 (Public Law 93-251), as amended, authorizes the Secretary of the Army, acting through the Chief of Engineers, to assist the states in the preparation of comprehensive plans for the development, utilization and conservation of water and related land resources; and WHEREAS, Section 319 of the Water Resources Development Act of 1990 (Public Law 101-640) authorizes the Secretary of the Army to collect from non-Federal entities fees for the purpose of recovering 50 percent of the cost of the program established by Section 22; and WHEREAS, the Sponsor has reviewed the State's comprehensive water plans and identified the need for planning assistance as described in the Scope of Studies incorporated into this agreement; and WHEREAS, the Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in the survey cost-sharing and financing in accordance with the terms of this Agreement; NOW THEREFORE, the parties agree to the following: 1. The Government, using funds contributed by the Sponsor and appropriated by the Congress, shall expeditiously prosecute and complete the survey, currently estimated to be completed within a twelve (12) month period (not to exceed 12 months), substantially in compliance with the Scope of Work attached as Appendix A and in conformity with applicable Federal laws and regulations and mutually acceptable standards of engineering practice. 2. The total survey cost is $16,500.00. The Government shall contribute in cash 50 percent of the total survey cost, which is $8,250.00 and the Sponsor shall contribute in cash 50 percent of the total survey cost, which is $8,250.00 provided, that the Government shall not obligate any cash contribution by the Sponsor toward Survey costs until such cash contribution has actually been made available to it by the Sponsor. The Sponsor agrees to provide funds in the amount of $8,300.00 by Electronic Funds Transfer in accordance with procedures established by the Government or by delivering a check made payable to the Finance and Accounting Officer, USAED, Fort Worth, and mailed or otherwise delivered to U.S. Army Corps of Engineers, USACE Finance Center, ATTN: CEFC-AD EROC M2, 5722 Integrity Drive, Hillington, Tennessee 38054-5005, within 30 days of receipt of billing by the Government. 3. No Federal funds may be used to meet the local Sponsor's share of survey costs under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified by the granting agency. 4. Before any Party to this Agreement may bring suit in any court concerning any issues relating to this Agreement, such Party must first seek in good faith to resolve the issue through negotiation or other form of nonbinding alternative dispute resolution mutually acceptable to the Parties. 5. This Agreement shall terminate at the completion of the Survey; provided, that, prior to such time and upon thirty days written notice, either party may terminate or suspend this Agreement without penalty. 6. Within ninety days upon termination of this Agreement, the Government shall prepare a final accounting of the Survey costs, which shall display (1) cash contributions by the Federal Government, (2) cash contributions by the Sponsor, and (3) disbursements by the Government of all funds. Subject to the availability of funds, within thirty days after the final accounting, the Government shall reimburse the Sponsor for non- Federal cash contributions that exceed the Sponsor's required share of the total survey costs. Within thirty days after the final accounting, the Sponsor shall provide the Government any cash contributions required to meet the Sponsor's required share of the total survey costs. 7. In the event that any (one or more) of the provisions of this Agreement is found to be invalid, illegal, or unenforceable, by a court of competent jurisdiction, the validity of the remaining provisions shall not in any way be effected or impaired and shall continue in effect until the Agreement is completed. 8. This Agreement shall become effective upon the signature of both Parties. FOR THE SPONSOR: FOR THE GOVERNMENT: By: By: City Manager Engineers City of Paris, Texas GORDON M. WELLS Colonel, Corps of District Engineer Fort Worth District Date: Date: APPENDIX A SCOPE OF WORK 1. INTRODUCTION The Corps of Engineers (COE) proposes to perform, or cause to have performed, a hydrographic survey on Lake Crook. The purpose of this survey is to collect hydrographic data when the reservoir is at or above the normal/conservation pool elevation, and convert this information into an area-elevation-capacity table. Ail maps generated from this survey are related to this purpose, and the COE makes no representation and assumes no liability if this information is used for any other purposes, such as boating maps. In an effort to keep costs to a minimum, basic needs were identified and are presented in the Specifications section below. The rate schedule was generated from these basic needs. Should the Sponsor require analysis beyond that identified in the basic contract, that information can be provided at an additional cost as identified in Section 6 - Cost Estimate. 2. LOCATION OF SURVEY Lake Crook is located in Lamar County in east Texas. The dam and lake are on Pine Creek approximately two miles north of the city of Paris, Texas. The facility provides water supply for Paris, Texas. Water-rights owner and operator of Lake Crook is the city of Paris, Texas. The lake has a surface area of 1,226 acres. 3. SURVEY PLAN, SPECIFICATIONS, AND ANALYSES Surface acreage will be based on USGS 7.5 minute quadrangle or 1- meter resolution digital ortho quarter quad (DOQQ) developed for the Texas GIS Planning Council, if available. Positioning on the lake surface will be established utilizing Differential Global Positioning System (DGPS) with an estimated resolution of three meters or better. Survey data will be collected from survey lines spaced at approximately 500 feet. These lines will be followed to the extent possible as permitted by obstructions. Positioning and sounding data will be collected and stored electronically at the rate of one measurement every second, or an average spacing of twenty (20) feet. The model of the lake bottom will be mathematically interpolated between collected points by accepted engineering practices, and will be a mathematical estimate of the actual bottom. Analyses of the survey data will include an area-elevation- capacity table, acceptable to the Texas Natural Resource Conservation Commission (formerly the Texas Water Commission), of the reservoir with definition of 0.1 feet, a bottom contour map with definition of 5 feet, and a shaded relief plot of the lake bottom. An area-elevation-capacity table estimated to 0.01 feet will be provided upon written request. A copy of the report text and area-elevation-capacity table will be provided for review and comment. Any legitimate questions regarding accuracy should be addressed in writing within thirty days, and will be addressed in the report. Two copies of the report will be provided to the Sponsor along with the digital data, if desired. The report provided in conjunction with the survey will not address sediment location and thickness, unless negotiated as an additional charge. Ail data from the survey will be stored for future reference. 4. SURVEY SCHEDULE The field survey is expected to be completed in one to two working days after commencement, dependent on the size of the lake at the time of the survey. The first day will be spent meeting lake staff, visually surveying the lake conditions, and finding and checking the condition of boat ramps. The survey will begin after the completion of these activities. Pool elevation, weather, and condition of equipment are some of the possible factors that could affect the actual time of performing the survey. The COE, or its subcontractor's representative, will contact the designated party, as shown in the attached contract, the week prior to the survey to confirm the proposed dates. Confirmation by the owner's representative will signify the owner's approval that the survey be conducted at the current lake elevation. If any delays are anticipated, the survey will be rescheduled as soon as possible. The new dates will be determined with the approval of the Sponsor. 5. ON-SITE STORAGE The Sponsor shall provide a secure locked enclosure with minimum dimensions of 10 feet by 30 feet, for storage of the survey vessel. The enclosed, secured structure will need a vertical clearance of sufficient height to allow storage of the survey vessel on its trailer, or approximately 12 feet. COE, or subcontractor, personnel traveling in marked Federal and/or State vehicles should have unlimited access to the area during the performance of the field survey. If the site is not suitable to the survey crew upon arrival, applicant will assist the COE, or subcontractor, staff in locating a suitable location or locations and provide for visual supervision of the equipment if such sites are not secure. Due to the cost of the equipment, the definition of secure will be up to the survey crew chief. COE, or subcontractor, staff will discuss suitable locations with the contact person before the scheduled survey date. The Sponsor may also be asked to assist in locating monuments with known coordinates, and obtaining permission from the property owner to enter the property for the purposes of this survey. The Sponsor will be provided with monument location and description. 6. COST ESTIMATE a. Survey Cost. The cost for the survey and report is proposed as a lump sum fee in accordance with the recorded surface area and the standard rate schedule set forth in Table 1. A contingency fee will be charged in the following circumstances: Presence of a significant number of obstructions to navigation will be the basis for assessment of contingency fees to recover engine and boat damages. A fee of $500.00 will be charged for lakes with between 250 and 500 surface acres of submerged trees or stumps, a fee of $1,000.00 will be charged for lakes with between 500 and 2,000 surface acres of submerged trees and stumps, and a fee of $2,000.00 will be charged for areas of submerged trees and stumps above 2,000 surface acres. Whether a fee will be charged and how much of a fee will be determined by the field crew during the performance of the survey. The field crew will notify the Sponsor when conditions merit charging the cumulative damage fees due to conditions of the lake before continuing with the survey in the problem area. The Sponsor can visit the site with the crew to experience the reasons for the additional charge unless the Sponsor agrees to the prospect of a charge incurring before the survey begins. A contingency fee of $2000.00 for any additional work requested by the Sponsor has also been budgeted. (No navigational hazard contingency fees will be charged for the hydrographic survey of Lake Crook). The COE will provide two copies of the report. The Sponsor will be charged $35.00 per report for additional copies. A charge of $2,000 will be added to the total survey cost for contracting and administrative services. b. Hydrographic Survey Cost Computation. The Texas Water Development Board computes Hydrographic Survey costs utilizing the following formula: 2 Rate = 0.0000014 X (Area) + 1.15 X (Area) + $13,000 = = $14,412 (Area is the surface area of the lake at the time of the survey, in acres and Rate is the proposed cost of the survey). Lake Crook has a surface area of 1,226 acres at elevation 476 feet National Geodetic Vertical Datum. The estimated survey cost is therefore $14,500.00 (rounded up to the next $100.00) . The cost of the survey and report are proposed as lump sum fees in accordance with the recorded surface areas and the standard rate schedule and represents the typical charges for a "standardized" underwater bathymetric survey for a given size lake and associated reporting of the findings. This standard charge schedule assumes: a surface acreage of the lake at normal pool elevation; an underwater bathymetric survey only; a 500-foot average width between the surveying transects; acceptable weather conditions; no significant surface or sub-surface obstructions to navigation; no unusual owner-induced delays once the field mobilization and survey effort has been initiated; a coordination meeting with the owner; and a standard survey report consisting of a description of the lake and previously- known physical and storage conditions, description of the hydrographic survey methodology, narrative and tabular descriptions of the newly surveyed physical parameters of the lake bathymetry and storage capacity, representative cross- sections of the lake survey, a two-dimensional contour map and shaded relief plot of the lake bathymetry, and associated digital files of the survey results, if requested. c. Cost Summary 1. Survey (1,226 surface-acres) 2. Administration 3. Contingencies: add'l work requested by Sponsor navigational hazards 4. TOTAL $14,500.00 $ 2,000.00 $ 0.00 $ 0.00 $16,500.00. 7. S UMM_~RY Based on the above cost schedules, and assuming the maximum lake surface area at the time of the survey is 1,226 acres, the maximum total cost of this survey would be $16,500.00. The final cost analysis and cost-sharing adjustments will be conducted at the conclusion of the survey. CERTIFICATION OF LEGAL REVIEW The Draft Planning Assistance to States Letter Agreement for the Lake Crook Worth Hydrographic Survey has been fully reviewed by the Office of Counsel, USAED, Fort Worth District, Fort Worth, Texas and is legally sufficient. Office of Counsel