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PW San Rafael Canal Dredging AgreementLetter Agreement Between and Among City of Petaluma And Cities of San Rafael, Vallejo And County of Marin, Napa County Flood Control and Water Conservation District, and Sonoma County Water Agency For Funding Consulting Services for Preparation of a Project Partnership Agreement Proposal between the U.S. Army Corps of Engineers and the Local Multi -Agency Proponents for Dredging the Shallow -Draft Federal Channels of San Pablo Bay 1. General The City of Petaluma and other Parties to this Letter Agreement, referred to as the partnering agencies and including Cities of San Rafael, Vallejo, County of Marin, Napa County Flood Control and Water Conservation District, and Sonoma County Water Agency, cooperatively reviewed and approved the Scope of Work for Consulting Services for Preparation of Project Partnership Agreement Proposal between the U.S. Army Corps of Engineers and the Local Multi -Agency Proponents for Dredging the Shallow -Draft Federal Channels of San Pablo Bay ("Project Partnership Agreement Proposal"). The City of Petaluma has agreed to contract with Haley Aldrich, Inc. of Walnut Creek, California ("Haley/Aldrich") for this work. The Parties now desire to establish a cost sharing arrangement whereby the Parties will jointly fund the work administered by the City of Petaluma. The effective date of the Letter Agreement shall be the last date signed by a partnering agency member, 2. Agreement for Professional Services and Scooe of Work The Agreement for Professional Services with Haley/Aldrich for Preparation of the of Project Partnership Agreement Proposal ("Services Agreement") including the collectively reviewed and approved Scope of Work is attached as Exhibit A to this Letter Agreement and establishes the work to be undertaken by Haley/Aldrich and administered by the City of Petaluma. Page 1 of 3 Letter Agreement — Dredge Partnership Agreement Proposal 3. Cost Share The Parties agree that the cost of the work performed under the Services Agreement in the amount of $65,300.00 shall be shared on an equal basis and that each Party shall pay one-sixth of the cost of the work to prepare the Service Agreement (collectively "Cost Share"). 4. Cost for Increase Scope of Work No increased scope of work over the amount of $65,300.00 shall be authorized under the Services Agreement without the consent of all Parties to this Letter Agreement, and any cost for said increased scope of work shall be shared among the Parties in the same manner as described in Section 3 in this Letter Agreement. 5. Pavment Payment to the City of Petaluma by each Party pursuant to the Cost Share identified in Section 3 shall be made as follows: 1. Fifty percent (50%) of Cost Share made within thirty (30) days of receipt of an invoice from City of Petaluma subsequent to Haley/Aldrich executing the Services Agreement. 2. Remainder payment within thirty (30) days upon receipt of invoice subsequent to Haley/Aldrich completing the work (anticipated to be before October 1, 2016). Payments shall be made to City of Petaluma, Attention: Dan St. John, Director of Public Works and Utilities, 202 North McDowell Blvd., Petaluma, CA 94954. 6. Letter Agreement Authorization This Letter Agreement constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Letter Agreement. This Letter Agreement may be signed in counterparts. By signing and dating below, the Parties signify authorization to enter into this Letter Agreement: Citv of Petaluma John C. Brown, City Manager Page 2 of 3 Letter Agreement — Dredge Partnership Agreement Proposal Citv of San Rafael Jim �ACity Manager _. Citv of Valleio ApPmved as to form: David Kleinschmidt, P.E., Public Works Director Sonoma Countv Water Aaencv Grant Davis, General Manager Countv of Marin Authorized Representative Napa Countv Flood Control and Water Conservation District Phillip M. Miller, District Engineer Attachments: Exhibit A, Professional Services Agreement Page 3 of 3 Letter Agreement — Dredge Partnership Agreement Proposal H2EDRICH 27 January 2015 City of Petaluma Department of Public Works and Utilities 202 N. McDowell Blvd Petaluma, CA 94954 Attention: Mr. Dan St. John Director, Public Works and Utilities Haley & Aldrich, Inc. 2033 N. Main Street Suite 309 Walnut Creek, CA 94596 925.949.1012 SUBJECT: Proposal to Prepare a Project Partnership Agreement Proposal between the U.S. Army Corps of Engineers and the Multi -Agency Proponents for Dredging the Shallow -Draft Federal Channels of San Pablo Bay Dear Dan: Haley & Aldrich, Inc. along with our teaming partners, David Miller and Associates and Ellen Johnck Consulting, is pleased to provide you with our proposal to prepare a Project Partnership Agreement (PPA) Proposal for submittal to the U.S. Army Corps of Engineers (USACE). A PPA is being pursued by a coalition of local government entities seeking to share the cost of performing maintenance dredging in the federally authorized channels along the Petaluma River, San Rafael Canal, Mare Island Strait and Napa River navigation channels. The need for the PP stems from the regularly occurring shortfalls in federal operations and maintenance funding necessary to dredge within these channels with adequate frequency. Project Objectives The objective of the proposed effort is to engage the USACE as a coalition with a PP Proposal with the intention of entering into a long-term agreement involving an up -front federal investment to fund 100% of initial maintenance dredging episodes in coalition navigation channels. The PPP will include a detailed description and analysis of potential federal economic benefits and opportunities for federal cost - savings associated with dredging these federally authorized channels over the course of the agreement. This evaluation will be used to formulate and optimize the long-term rate of return on the USACE's initial investment, and in combination with identifying and developing tactics for securing public-private funding for portions of future dredging episodes, will establish an equitable cost-sharing arrangement between the coalition and the USACE. In addition to the economic advantages to the USACE, the Haley & Aldrich team will also catalogue all other significant project benefits that would help make the maintenance dredging in the coalition channels a funding priority for the USACE. Company Name 27 January 2015 Page 2 Scope of Work TASK 1: PROJECT KICK-OFF The Haley & Aldrich team will meet with coalition agencies to discuss specific challenges posed by insufficient dredging frequency, potential impacts to local businesses, and historical involvement with federal or non-federal dredging projects. The main objectives of the meeting is ensure the concerns of each participating agency are addressed, and to develop a firm understanding of each agency's perspective regarding the benefits of dredging to their communities. TASK 2: REVIEW EXISTING INFORMATION The team will organize and review Information provided by the coalition agencies following the project kick-off meeting. The USACE will be engaged and information related to dredging in the coalition navigation channels, including the most recent Preliminary Assessments for each channel, will be requested, reviewed and summarized. The team will also summarize the USACE perspective on the challenges and opportunities related to potential funding for the federally authorized navigation channels affiliated with the coalition agencies. TASK 3: PREPARE PROJECT PARTNERSHIP AGREEMENT PROPOSAL The PPA Proposal will be submitted to the USACE with a request to fund initial dredging episodes in each of the coalition navigation channels. To support this request, a detailed analysis of economic and other benefits related to dredging in the coalition navigation channels will be prepared along with an assessment of potential non-federal funding sources for contributing to future dredge episodes as part of a long-term agreement with the USACE. The PPA Proposal will include the following: • Current conditions and dredging history/frequency — Dredging and disposal history for all three navigation projects will be evaluated, — The volume of material above permitted dredge depths will be estimated, — Inventory and assess viability of potential beneficial reuse sites, — The cost and general feasibility for varying disposal/beneficial reuse alternatives for the expected volumes will be estimated, — Develop an estimate of the cost to dredge each project to its fully authorized depth. • Prepare analysis of economic benefits of dredging the three navigation projects — Identify, catalogue and quantify to the extent that existing data is available long-term economic benefits to the Corps associated with dredging the three projects, — Quantify gains in efficiencies related to dredging all three projects to fully authorized dredge depths, and — Compile a conceptual pro forma demonstrating an anticipated rate of return on the Corps' initial investment to fund the first dredge episode. Company Name 27 January 2015 Page 3 • Identify other project benefits In addition to the economic value to the Corps, other project benefits, including but not limited to those listed below will be identified to the extent that existing data is available. — Local economies, — Regional ecosystems, — Flood control/protection, — Public access, and — Recreation. • Develop Funding Plan Potential tactics for obtaining funds necessary to allow coalition agencies to contribute to future dredging episodes under the duration of the PPA will be identified and summarized. This effort will include, but not be limited to the following: — Conduct reconnaissance of potential funding partners, — Provide information on other shallow draft harbor (east coast windshield survey) plans, and other Congressional appropriation mechanisms, and — Evaluate viability and timing necessary for securing local public funding (e.g. assessment districts). • Develop Framework for PPA Implementation A conceptual plan for implementing the PPA will be developed based on the following: — Strategy for securing project private and public partner(s), — Involvement of regional programs such as the S. F. Bay Restoration Authority, California State Coastal Conservancy Climate Change grants, LTMS Program, Coastal Hazards Adaptation Resiliency Group (CHARG), etc., — Stakeholder outreach, — Involvement of State Assembly and Senate representatives, and — Identification of environmental partners: Save the Bay, Sierra Club S. F. Bay Joint Venture (SBJV) Sedi-match; Ducks Unlimited, others. TASK 4: COORDINATION AND COMMUNICATION WITH THE USACE AND AGENCY COALITION Following submittal of the PPA, the team will engage the USACE and work with their Navigation Management staff to coordinate the following activities: • Determine whether additional information is necessary, • Respond to comments and refine proposal, • Identify and evaluate potential partnership mechanisms, which would provide federal funds for dredging of the channels. Company Name 27 January 2015 Page 4 Fee Estimate For completion of the scope of work outlined above, Haley & Aldrich proposes a total budget of $65,300, which includes labor and reimbursable costs, to include deliveries, travel, and printing. The budget for this effort is summarized in the table below. Task Task 1: Project Kick-off Budget $2,900 Task 2: Review Existing Information $8,500 Task 3: Prepare PPA Proposal $44,700 Task 4: Coordination and Communication $9,200 TOTAL: $65,300 We appreciate the opportunity to assist the City of Petaluma and the other coalition agencies with this important step towards a long-term solution to dredging the neglected federal channels along San Pablo Bay. I look forward to discussing our proposal further. Sincerely yours, HALEY & ALDRICH, INC. Scott Bodensteiner Senior Program Manager nLR IGH Project Document Title Draft Date [ / / j REVIEW DOCUMENTATION FORM File No Page 5 of 2 Review Due [ / / Date