Docusign Envelope ID: 1BCFBA67-2968-45BC-A61F-63A96A1AC7F4
SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT ("Agreement") is entered into this __ day of ____ 2025 ("Effective Date"), by and between the CITY OF ALAMEDA, a municipal corporation ("the City"), and Moffatt & Nichol, a California corporation whose address is 4225 E. Conant Street, Long Beach, CA 90808 ("Provider"), in reference to the following facts and circumstances:
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: professional engineering services to develop a Waterway Study for the Oakland-Alameda Estuary Bridge. City staff issued an RFP on August 4, 2025 and after a submittal period of 18 days received three (3) timely submitted proposals. Staff reviewed the proposals, interviewed qualified firms and selected the service provider that best meets the City's needs.
C. Provider is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
D. Whereas, the City Council authorized the City Manager to execute this agreement on , 2025. ---------
E. The City and Provider desire to enter into an agreement for professional engineering services to develop a Waterway Study for the Oakland-Alameda Estuary Bridge, upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM:
The term of this Agreement shall commence on the 19th day of November 2025, and shall terminate on the 31st day of July 2027, unless terminated earlier as set forth herein.
The parties may agree to extend the term of this Agreement on a year-by-year basis, for up to one (1) additional year. Any extension shall be documented in a signed amendment. In the event that the parties agree to extend the Agreement, all provisions of the Agreement shall remain unchanged with the exception that the hourly compensation rate may be increased by up to 5%.
Moffatt & Nichol Service Provider Agreement
Version 03-05-25
Exhibit 1
1300 Clay Street, Suite 350
Oakland, CA 94612
(510) 645-1238
www.moffattnichol.com
October 3, 2025
Rochelle Wheeler
Senior Transportation Coordinator
Planning, Building and Transportation Department
City of Alameda
2263 Santa Clara Avenue, Rm 120
Alameda, CA 94501
Subject: Waterway Study for Oakland-Alameda Estuary Bridge Scope of Work
Hi Rochelle:
Moffatt & Nichol (M&N) is pleased to submit the attached scope of work to provide engineering services for the Waterway Study for the Oakland-Alameda Estuary Bridge project. Please contact me at 510-788-8959 or at [email protected] any time to discuss.
Very truly yours,
MOFFATT & NICHOL
Matt Trowbridge, PE, SE
Vice President
2 City of Alameda
Waterway Study for Oakland-Alameda Estuary Bridge Scope of Work Scope of Work
The scope of work includes six tasks:
• Task 1: Data Collection and Simulation Model Development • Task 2: Data Analysis and Simulation Runs
• Task 3: Key Stakeholder Outreach
• Task 4: Advisory Committee Meetings
• Task 5: Draft and Final Reports
• Task 6: City Commission / Council Presentations
Project management work is included with each individual Task and includes, but is not limited to, the following:
• Prepare and submit monthly progress reports and invoices in conformance with City’s Standard Service Provider Agreement and Caltrans grant reporting requirements • Coordinate in-house staff and subconsultants to ensure free and timely flow of information for each task activity
• Manage contract costs
• Initiate and conduct regular Project Development Team (PDT) meetings and provide meeting minutes
• Develop and maintain Project Schedule, Risk Management Plan and QA/QC Program, and maintain on a quarterly or as-needed basis
• Prepare and submit correspondence and memos, including all meeting minutes
Task 1. Data Collection and Simulation Model Development Data Collection
This task will develop and propose a system for collecting data on the number, types, frequency, operational characteristics and height of vessels using the Estuar y. Both commercial and recreational vessels will be counted and evaluated. The data collection method will be done to provide an adequate sample size representative of seasonal variations and of the months with the busiest ship and boat traffic. Prior to starting this task, Provider (“M&N”) will request all available previous data collection efforts that were completed either for the project or for other similar projects in the estuary.
M&N will work closely with the City of Alameda and project stakeholders to develop up to three options for data collection that can meet the project requirements. Various levels of effort could be employed ranging from using advanced technology (cameras, lasers, etc.) to more traditional methods such as boat counts, marina surveys, AIS data, and interviews of waterway users.
M&N will provide an evaluation of the options includi ng cost to implement, accuracy of data, risks, and ability for the data collection method to meet proj ect objectives and requirements. At the end of the evaluation, M&N may engage a technology vendor using some of the allowance for data collection. The final option selected will include multiple locations in the Estuary for data collection. As needed, it will include securing the rights to use each location, and installing, testing and maintaining any systems during the data collection period.
Once an option is selected, M&N will collect all data, and data reports will be provided to the City regularly.
Several methods expected to be employed regardless of data collection method include:
• Summarize information publicly available throug h vessel tracking systems such as Automatic Identification Systems (AIS) that exist on commercial ships. • Collect data on current and expected future vess el usage through user group surveys at marinas and via telephone interviews with maritime users of the Estuary. • Physical boat counts over a fixed duration to verify vessel size (length, beam, air draft), transit direction, quantity, date, time, and other pertinent factors.
3 City of Alameda
Waterway Study for Oakland-Alameda Estuary Bridge Scope of Work Simulation Model Development
M&N will meet with the US Coast Guard (USCG) to develop a basis of analysis for a navigation simulation program. This document will summarize key analysis criteria including design vessels, water levels including future sea level rise, currents, wind conditions, and other USCG criteria, as well as the navigation simulation approach (model type, etc.). Once the basis of analysis is approved, M&N will prepare a detailed plan for the simulation testing program, which will be submitted as a draft memo for review by the stakeholders. M&N will complete the navigation study for this project using its desktop real-time vessel simulator (in-house in Baltimore, MD) to evaluate m aneuverability of the design vessels for the range of bridge spans (400 – 600 ft) at three proposed bridge lo cations (W4, W6, E2). The simulator is staffed by M&N in-house navigation experts and provides a co ntext for testing and optimizing the project geometry with input from engineers and other stakeholders.
Deliverables:
• Kick-off meeting which will include:
o Project Schedule
o Risk Management Plan
• Summary description and evaluation of up to three data collection approaches • Draft memo on the final recommended system for data collection, the location of temporary data collection sites, a maintenance/monitoring plan, and a list of maritime users to be interviewed and data/information to be collected.
• Installation of data collection devices.
• Monthly data reports of vessel counts and attri butes in formats appropriate for project team and USCG usage.
• Navigation Simulation Basis of Analysis
• Draft memo on the Navigation Simulation Model, with a summary of model and inputs, the vessel selected to run through the model, the locations for each potential bridge and pier placement locations and rationale for selecting each of these.
• Completed Navigation Simulation model.
Task 2. Data Analysis and Simulation Runs
Data Analysis
With the results of the data collection, M&N will anal yze and prepare a summary of the vessel traffic including vessel type, size (length, width, height), frequency by day and time, and transit direction at the locations surveyed. The analysis will include estimated number of bridge openings at various bridge elevations from 42 ft to 70 ft including a recommended height to minimize impact to all users.
M&N will summarize the results of the data collection both in a memorandum with full results presented and a summary slide deck that can be used to present the results to a variety of stakeholders ranging from the USCG to community members.
Simulation Runs
The simulation runs will be completed in M&N’s Baltimore office which house s M&N’s desktop simulator.
The City, USCG, harbor pilots, and other critical st akeholders may attend and participate in the desktop simulations remotely or in-person. The results of the simulation will be a memorandum to document the results, including a discussion of the reasonable needs of navigation for each location and span length tested. M&N plans to use two days in the ship simulator to test the bridge/waterway geometry and vessels for this project. The fee includes the cost for using the simulator as well as the support/engineering staff.
4 City of Alameda
Waterway Study for Oakland-Alameda Estuary Bridge Scope of Work Bridge Design Advisory Services
The M&N team will provide bridge design advisory services to advise on the approach and also review the outcome from the data collection / analysis program and simulation runs. This includes confirmation that the recommended bridge elevation and span are adequate to progress to future phases of design development. In addition to using an in-house Bridge Design Advisor, this task will be accomplished by the following:
• M&N will convene a 2-hour workshop with bridge design experts within M&N from various regions in the US. The workshop will review the work completed to date, recommended approach, and advise any concerns, risks, challenges, etc. from other similar projects in other regions.
• M&N subconsultant, Steven Grover & Associates, will provide as-needed advisory and peer review services over the course of the study to confirm the approach and results are consistent with the intent of the previous phases of work and are well-matched for future phases of the project.
Deliverables:
• Slide deck of Data Analysis findings, developed for a layperson audience. • Draft Data Analysis Memo summarizing all data collected, with attachments. • Draft Navigation Simulation memo on the desktop simulations run using the Navigation Simulation model, including a discussion of the reasonable needs of navigation for each location and span length tested.
Task 3. Key Stakeholder Outreach
M&N assumes that the City of Oakl and and USCG will be included in biweekly PDT meetings (up to 44 meetings, 1 hour each, average of 2.5 attendees from M&N) with the City of Alameda, over the course of the project. In Task 3, M&N will convene quarterly meetings (up to 8 meetings, 1 hour each, up to 3 attendees from M&N) with the following key stakeholders:
• City of Alameda
• City of Oakland
• Caltrans District 4
• US Coast Guard
• Port of Oakland
• San Francisco Bar Pilots
Deliverables:
• List of stakeholders and meetings to be conducted
• Summary of each stakeholder meeting, including data, attendees and action notes
Task 4: Advisory Committee Meetings
M&N will participate in two Estuary Bridge Advisory Committee meetings to present the results from Tasks 1-3. One meeting will be held with the Estuary Br idge Technical Advisory Committee (TAC) and one meeting will be held with the Estuar y Bridge Stakeholder / Equity Advi sor Committee (S/EAC). The input received from these meetings will be incorporated into the final report.
Deliverables:
• Advisory Committee meeting agendas, sli de decks, attendees lists, and action notes
5 City of Alameda
Waterway Study for Oakland-Alameda Estuary Bridge Scope of Work Task 5: Draft and Final Reports
Based on the results of Tasks 1-4, M&N will prepare the Waterway Study Report to summarize the results of the data collection, vessel na vigation study, and stakeholder and advisory committee input. A final recommendation for bridge height and width will be provided. The final report will address City of Alameda, City of Oakland, and USCG comments and credit the funders on the cover page.
Deliverables:
• Outline for Waterway Study Report
• First draft Waterway Study Report
• Second draft Waterway Study Report
• Final Waterway Study Report, in an ADA-accessible electronic format
Task 6: City Commission/Council Presentations
M&N will develop a concise public facing slide deck that can be used to present at the City of Alameda’s Transportation Commission, Alameda City Council, and Oakland City Council. M&N assumes up to two staff from M&N will attend approximately 4 hours of m eetings to support the City as needed (e.g. answer questions, present the slide deck on behalf of the project team, etc.).
Deliverable: Slide deck on the Waterway Study Report to be used for all community outreach
EXHIBIT B
If yes, what is the estimated indirect cost rate? ______
J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J 01 $0 $1,530 $0 $1,530
02 $0 $2,943 $0 $2,943
1 $113,120 $15,000 $0 $128,120
2 $245,443 $28,500 $0 $273,943
3 $35,266 $3,500 $0 $38,766
4 $28,122 $3,644 $0 $31,766
5 $48,641 $6,301 $0 $54,942
6 $9,478 $1,228 $0 $10,706
$480,070 $62,646 $0 $542,716
California Department of Transportation
Sustainable Transportation Planning Grant Program
COST AND SCHEDULE
Grant Category Sustainable Communities Competitive Technical Oakland-Alameda Estuary Waterway Study
FY 2024-25Grant Fiscal Year
City of Alameda
Project Title
Organization
(Legal name)
Local Match Calculator (posted on-line)Use the Local Match Calculator to ensure that grant and local match amounts are correct:
Reimbursements/
Invoicing
Disclaimers
Agency commits to the Cost and Schedule below. Any changes will need to be approved by Caltrans prior to initiating any Cost and Schedule change or amendment.
Use only whole dollars in the financial information fields. No rounding up or down and no cents.
Does your agency plan to request reimburesement for indirect costs? Does your agency plan to use the Tapered Match approach for invoicing purposes? Advisory Committee Meetings
Project Administration
(no more than 5% of total grant funds)
Consultant Procurement
Data Collection and Simulation Model Development
Data Analysis and Simulation Runs
Key Stakeholder Outreach
Draft and Final Reports
City Commission/Council Presentations
Totals
FY 2025/26 FY 2026/27
Task
#
Estimated
Local
In-Kind
Match*
Estimated Total
Project Cost*
FY 2024/25
Grant Amount*
Estimated
Local Cash
Match*
Task Title
Yes
No
Yes
No
1300 Clay Street, Suite 350
Oakland, CA 94612
(510) 645-1238
www.moffattnichol.com
October 3, 2025
Rochelle Wheeler
Senior Transportation Coordinator
Planning, Building and
Transportation Department
City of Alameda
2263 Santa Clara Avenue, Rm 120
Alameda, CA 94501
Subject: Waterway Study for Oakland-Alameda Estuary Bridge Fee Estimate Hi Rochelle:
Moffatt & Ni
chol (M&N) is pleased to submit the attached fee estimate to provide engineering services
for the Waterway Study for the Oakland-Alameda Estuary Bridge project. Please contact me at 510-788-8959 or at [email protected] any time to discuss.
Very truly yours,
MOFFATT & NICHOL
Matt Trowbridge, PE, SE
Vice President
EXHIBIT C
City of Alameda
Waterway Study for Oakland-Alameda Estuary Bridge
Moffatt & Nichol - Fee Estimate
10/3/2025
Summary Table
Task No. Task Description Fee Sub Labor Sub Mark-up Direct Costs Total Fee (Rounded)
1 Data Collection and Simulation Model Development $285,272 $2,500 $250 $0 $288,022 $288,000 55% 2 Data Analysis and Simulation Runs $98,136 $7,500 $750 $2,500 $108,886 $109,000 21% 3 Key Stakeholder Outreach $21,888 $1,000 $100 $0 $22,988 $23,000 4% 4 Advisory Committee Meetings $17,272 $1,000 $100 $0 $18,372 $18,500 4% 5 Draft and Final Reports $65,450 $3,000 $300 $0 $68,750 $68,750 13% 6 City Commission / Council Presentations $16,528 $0 $0 $0 $16,528 $16,750 3% $504,546 $15,000 $1,500 $2,500 $523,546 $524,000 100%
Moffatt & Nichol Labo
r
1 2 3 4 5 6 7 8 9 10 11 12
Matt
Trowbridge
Mads
Jorgensen Dorian Brefort Jeff Oskamp Gwen
Lawrence Ivy Wang Xiuying
Xing
Garrett
Dekker
Staff
Engineer
Technical
Writer
Dilip
Trivedi
Rich
Dornhelm
Principal in
Charge
Project
Manager
Assistant PM /
Data Collection
Navigation
Lead
Simulation
Lead
Stakeholder
Outreach
Metocean
Conditions
Lead
Bridge
Design
Advisor
Staff
Engineer
Technical
Writer
Senior
Advisor
Senior
Advisor
$352.00 $352.00 $274.00 $331.00 $312.00 $290.00 $331.00 $352.00 $204.00 $139.00 $368.00 $368.00 1 Data Collection and Simulation Model Development
1.1 Data Collection Allowance 10 44 826 880 $245,332
1.2 Simulation Model Development 8 8 12 60 60 148 $39,940 2 Data Analysis and Simulation Runs
2.1 Data Analysis 4 8 92 8 16 80 4 212 $50,304
2.2 Simulation Runs 3 6 8 24 40 16 16 80 193 $47,832
3 Key Stakeholder Outreach 8 15 8 40 71 $21,888
4 Advisory Committee Meetings 6 7 4 40 57 $17,272
5 Draft and Final Reports 3 8 26 16 40 2 16 80 80 4 4 279 $65,450 6 City Commission / Council Presentations 14 40 54 $16,528 48 96 972 60 140 120 18 48 140 240 8 4 1,894 $504,546
$16,896 $33,792 $266,328 $19,860 $43,680 $34,800 $5,958 $16,896 $28,560 $33,360 $2,944 $1,472 Subconsultant Budget
Task No. Task Description
1 Data Collection and Simulation Model Development
2 Data Analysis and Simulation Runs
3 Key Stakeholder Outreach
4 Advisory Committee Meetings
5 Draft and Final Reports
6 City Commission / Council Presentations
$165 / hr
91Approximate Number of Hrs =
Totals
Task No. Task Description Total
Hours
Average Sub Rate =
Totals
Budget Allowance
Steven Grover & Associates
$2,500
$7,500
$1,000
$1,000
$3,000
$0
Total $15,000
Total Cost
Moffatt & Nichol 4 Service Provider Agreement
Version 03-05-25
the operations conducted by Provider except to the extent the City is found to have been negligent.
If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of reimbursement agai nst Indemnitees for the costs of defense except to the extent negligence, recklessness or willful misconduct is not found on the part of Provider. Provider shall not have any ob ligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligen ce or the willful misconduct of the City. The defense and indemnification oblig ations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
b. As to Claims for professional liability only, Provider’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemnify, defe nd and hold harmless Indemnitees shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections
10.b. (1) through (4). The Certifi cate Holder should be The City of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall pr ovide thirty (30) days’ advance written notice to the City of Alameda. Attention: Risk Manager.” Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of Californ ia with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expi ration of the existing insurance cer tificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, a nd volunteers as additional insure d shall be submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Moffatt & Nichol 5 Service Provider Agreement
Version 03-05-25
Statutory coverage as re quired by the State of Cali fornia, as well as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limit s in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Provider shall also submit declarations and policy e ndorsements pages. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.
(3) Automotive:
Comprehensive automobile liability c overage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(4) Professional Liability:
Professional liability insurance which includes coverage appropriate for the negligent professional acts, errors and omissions of Provider’s profession and work hereunder, in the following minimum limits:
$2,000,000 each claim
As to commercial general liability and autom obile liability insurance, such insurance will provide that it constitutes primar y insurance with respect to cl aims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
Moffatt & Nichol 6 Service Provider Agreement
Version 03-05-25
c. SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors.
d. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commis sions, officials, empl oyees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which su ch additional insured would be en titled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage under Provider’s po licy shall be primary and non-contributory and will not seek contribution from the City’s insuran ce or self-insurance. Any available insurance proceeds broader than or in excess of the spec ified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider’s insuran ce broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broade r coverage and maximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted. If a Provider is using an Excess Liability policy to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.