HomeMy WebLinkAboutC-9962-1 - On-Call PSA for On-Call Water Quality / Total Maximum Daily Load (TMDL) Compliance ProgramsON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH MOFFATT & NICHOL FOR
ON -CALL WATER QUALITY / TOTAL MAXIMUM DAILY LOAD (TMDL)
COMPLIANCE PROGRAMS
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 15th day of August, 2025 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and MOFFATT & NICHOL, a California corporation ("Consultant"), whose
address is 4225 E. Conant Street Suite 101, Long Beach, CA 90808, and is made with
reference to the following:
RECITALS
A. 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 City.
B. City desires to engage Consultant to provide On -Call Water Quality/Total
Maximum Daily Load (TMDL) Compliance Programs ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 15, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
Moffatt & Nichol Page 2
4.2 On January 1 st of each calendar year, the billing rates set forth in Exhibit B
("Billing Rates") may be adjusted by an increase not to exceed 2.0%. Contractor shall
notify City in writing of any requests for adjustment pursuant to this Section at least thirty
(30) days prior to the Effective Date of such adjustment and provide updated billing rates.
Adjusted billing rates shall be approved in writing by City prior to use. The maximum
adjustment increase to the Billing Rates, for any year where an adjustment is made
pursuant to this Section, shall not exceed 2.0% of the Billing Rates in effect immediately
preceding such adjustment.
4.3 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.5 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Michelle Anghera to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
Moffatt & Nichol Page 3
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
Moffatt & Nichol Page 4
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
Moffatt & Nichol Page 5
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
Moffatt & Nichol Page 6
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
Moffatt & Nichol Page 7
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
Moffatt & Nichol Page 8
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Michelle Anghera
Moffatt & Nichol
4225 E. Conant Street Suite 101
Long Beach, CA 90808
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Moffatt & Nichol Page 9
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
Moffatt & Nichol Page 10
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Moffatt & Nichol Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date::�Zql 5
By: Q o UI ( lz
A ron C. Harp
City Attorney
ATTEST: �� .� r ,-
Dal
By:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:, 2d'
By:
Gr e Leung
Ci y anager
CONSULTANT: MOFFATT & NICHOL, a
California corporation
Date:
Signed in Counterpart
By:
Michelle Anghera
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Moffatt & Nichol Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:�') 131 / 2,!�
By: �, of f�,� Am/
Akron C. Harp
City Attorney
ATTEST:
Date:
-31
Molly Perry
Interim City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K Leung
City Manager
CONSULTANT: MOFFATT & NICHOL, a
California corporation
Date:
By: 1 7fl_
Michel Anghe
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Moffatt & Nichol Page 12
EXHIBIT
SCOPE OF SERVICES
Moffatt & Nichol Page A-1
SCOPE OF SERVICES
WATER QUALITY / TMDL COMPLIANCE PROGRAMS
Consultant shall provide the following on -call services for the City:
• Provide as -needed technical support of water and sediment quality services
related to Total Maximum Daily Loads for areas including, but not limited to, San
Diego Creek, Upper Newport Bay, Lower Newport Bay and the ocean adjacent
Areas of Special Biological Significance (ASBS);
• Provide as -needed services to support the City and its staff in efforts to comply
with water quality compliance programs, specifically for the Organochlorine
Compounds, Selenium, Nutrients and the proposed Copper TMDL;
• Provide as -needed services to support the City and its staff in efforts to comply
with water quality compliance programs, specifically for the Sediment and Fecal
Coliform TMDLs;
• Provide as -needed services to support any water/sediment quality special studies;
• Conduct monitoring/sampling as directed, including but not limited to, selenium
(Se), fecal indicator (FIB), copper (Cu), dry and wet weather and dry weather
stormwater to sewer diversions; and
• Attend TMDL and related water quality meetings as required.
��,rtion 5
Scope of Services
Approach to Conducting the Work
As an incumbent, M&N has recent and ongoing experience
with water quality and TMDL compliance programs with the
City. Each scope item executed under this contract will have
a variety of different objectives that require unique technical
approaches using specific expertise of each team member.
Shelly Anghera will work with the City's staff in confirming the
scope of work. Shelly will determine the appropriate task leader
and team members for the work involved.The selected team
will be tailored to provide the City with the highest level of
expertise at the most efficient level of effort. To summarize the
anticipated scope of work developed by the City, this proposal
has organized the scope of work into the following sections,
discussed in the following pages.
• Provide Technical Support of theTMDLs;
• Conduct Field Sampling, Monitoring, and Reporting
• Attend TMDL and Related Water Quality Meetings
Dr. Anghera has assisted the City in these scope items,
specifically for the OrganochlorineTMDL and the CopperTMDL.
GSI has been leading these efforts for bacteria -related technical
studies for the County and Newport BayTMDL Funding
Partners. Our approach is to continue to be an extension of
staff and provide information and guidance when needed and
provide immediate support for time -critical needs. This team
combines expert technical support services with experienced
field and laboratory support.
This section also includes a summary of how we plan to include
innovative technologies and help the City address potential
emerging contaminants of concern.
Provide Technical Support to the TMDLs
TheTMDLs are in varying stages of compliance, and include:
• ToxicsTMDLs
- Revised Organochlorine Compounds (OCs) approved in
2013
- Revised selenium TMDL approved in 2019
- Revised CopperTMDL approved in 2022 (Pending State/
EPA approval)
• Fecal ColiformTMDL
There are two additional TMDLs actively being monitored by
the County, technical aspects of that program are not included
within this scope.They include the Sediment TMDL and the
NutrientTMDL.
Based on the specific compliance support needed, the M&N
team will support the following general support tasks:
• Assist City staff in reviewing regulatory documents and the
development of technical comments. The CopperTMDL will
be going to the SWRCB and there will be an opportunity to
comment again. Perhaps the State will evaluate the conflict
between Water Boards and DPR differently.
• Develop and lead technical presentations for public meetings.
• Design of special studies to fill data gaps, ongoing data
review, and coordination with other Newport BayTMDL
Funding Partner consultant teams.
• Assist the City with TMDL and Time Schedule Order (TSO)
compliance and implementation.
,", m o f f a 11 & n i c h o I Water Quality /Total Maximum Daily Load (TMDL) Compliance Programs I Scope of Services 116
Review and comment on the County's work products related
to sediment and water quality characterization in the Upper
and Lower Newport Bay.
Develop compliance strategies
— For all existing and pending TMDLs, our goal is to assist
City staff in developing environmentally effective and
fiscally responsibleTMDL compliance strategies.
— Provide technical and strategic support for all Sediment
Quality Objective (SQO) assessment related studies,
including stressor identification studies. The Newport
Bay Funding Partners are engaged in the 1326710 to
determine sediment quality in the Upper and Lower
Newport Bay using the State's recently updated SQO.
Assist the City in the SQOs assessment method to
determine TMDL compliance for sediment conditions.
— Advise City and provide studies and recommendations
regarding the latest developments and trends with non -
point source pollutants.
— Provide support where needed for selecting, siting,
engineering, designing, and operating stormwater
BMPs to target contaminants of concern including BMP
effectiveness studies.
— Assist the City in the implementation of city specific tasks
identified in the pollution prevention plan (PPP) required
by the TSO for Fecal Coliform TMDL.
— Assist the City in conducting as needed special studies
to reduce potential fecal contaminations within its
jurisdiction for Fecal Coliform TMDL.
Conduct Field Sampling, Monitoring, and
Reporting
• Conduct field sampling studies for the various TMDLs as
required and/or as requested.
• Conduct or assist City staff in completing required
monitoring and reporting requirements for currentTMDLs
Organochlorine Compounds TMDL
• Status: The TMDL has not been updated to include
the States updated Sediment Quality Provisions. It is
anticipated the results of the 13276 will be included
in an updated TMDL.
• Anticipated Effort: The 2018 report developed
by Shelly Anghera and Susan Paulson (see
Organochlorine TMDL project description on page
X) needs to be updated and promoted to serve as
the Implementation Plan for the this TMDL. The
SQO analyses conducted by the County should be
reviewed and Toxicity Identification Evaluation tools
applied to demonstrate the agents causing toxicity.
This information should inform new source reduction
strategies for the watershed.
— CopperTMDL
• Status: The Revised TMDL has not yet been approved
by the SWRCB and the EPA. Once approved, the
City and County will be responsible in developing
an Implementation Plan within 3 months and then
conduct annual monitoring as defined in the TMDL.
• Anticipated Effort: Once approved, it is expected
the CopperTMDL will continue to require studies
to evaluate metals in both water and sediment in
various areas throughout Newport Bay to fill data
gaps. Based on discussion with Water Board staff,
those studies may include sediment and biological
quality evaluations to better understand localized
patterns of metals related to specific areas and uses
in the bay. Hydrodynamic modeling studies may
be recommended to estimate the effectiveness of
various management alternatives. M&N will support
the City's ongoing efforts to work collaboratively with
DPR to further our understanding of how current
copper limits in AFPs are manifested into tangible
reductions in the bay.
— Selenium
Status: The EPA adopted the Selenium TMDL in 2019,
establishing tissue -based numeric targets for fish
tissue and bird eggs as site -specific objectives for
the Newport Bay watershed. As part of the updated
TMDL, watershed permittees developed a BMP
strategic plan, which serves as the implementation
plan for the Selenium TMDL.This plan includes a
regional monitoring program and an offset and
trading program.
Anticipated Effort: We anticipate supporting the City
in implementing the BMP strategic plan, specifically
by assisting with monitoring and special study efforts
near Big Canyon Wash and supporting the evaluation
of selenium load reduction as a result of the Big
Canyon Comprehensive Selenium Management
Program that includes dry weather diversions of high -
selenium groundwater and an infiltration wetland to
treat stormwater runoff.
— Fecal Indicator Bacteria
Status: The Fecal Coliform TMDL is expected to be
revised to align with current regulations and scientific
advancements. Efforts will focus on identifying
high -risk human fecal sources and implementing
targeted measures to address controllable sources in
identified hot spots.These actions aim to maximize
the protection of recreational users in a cost-effective
and scientifically defensible manner.
,", m o Hatt & n i c h o l Water Quality /Total Maximum Daily Load (TMDL) Compliance Programs I Scope of Services 117
• Anticipated Effort: GSI will lead as -needed services
to support the City's compliance with Fecal Coliform
TMDLs, bringing on extensive experience in
addressing fecal contamination challenges in Orange
County. GSI engineer Stella Shao brings over 10 years
of expertise in bacteria TMDLs across North and
South Orange County, including implementation
monitoring, microbial source tracking (MST),
comprehensive load reduction planning (CLRP),TMDL
revisions, and impairment assessments. Her regular
interactions with regulatory agencies, municipalities,
OCPW, sanitation districts, and research institutions
provide her with a deep understanding of the
regional institutional framework for managing
bacteria TMDLs.
• We anticipate the following works will be carried out:
» PPP Implementation: Assist the City in the
implementation of city specific tasks (e.g.
evaluation of vessel pump -out systems, waste
disposal inspection for live -aboard vessels,
upgrading evaluation for trash/debris capture
boom) identified in the pollution prevention plan
(PPP) required by theTSO for Fecal Coliform TMDL.
» As needed monitoring effort: Conduct as needed
MST and monitoring effort under dry and wet
weather to support the City's effort in identifying
and mitigating fecal contamination within city
jurisdiction.
» As -needed technical review of documents from
regulatory agencies, other jurisdictions, and
research institutions that may impact the revision
of the Fecal Coliform TMDL.
Support the Dry Weather Diversion Program:
— Conduct monthly flow and quarterly water quality
monitoring and reporting during the dry season in
accordance with the discharge permits.
— Analyze samples per requirements in the permit issued
by Orange County Sanitation Department (OCSD) and
provide flow and water quality results to OCSD.
— Assist the City in conducting hydraulic and electronic
meter calibrations per the requirements in the permit
issued by OCSD.
Area of Special Biological Significance (ASBS) Protection
Monitoring
— Several coastal areas in the City have been designated as
ASBS and have special monitoring to demonstrate water
quality conditions are maintained at the highest water
quality.
— Special studies may be required to evaluate stormwater
discharges and the effectiveness of ongoing source
control best management practices (BMPs).
— Effort may include general monitoring for compliance
and/or Bight ASBS programs, flow reduction
effectiveness monitoring for dry weather and storm
flows, monitoring to assess freshwater impacts in the
ASBS receiving water.
Attend TMDL and Related Water Quality
Meetings as Required
• Attend and represent City of Newport Bay at the monthly -
Newport Bay TMDL Funding Partners Meetings
• Continue supporting the City of Newport Beach Water
Quality/Coastal Tidelands Committee Meetings by providing
monthly updates or addressing information requests.
• Attend City Harbor Commission Meetings and Parks,
Beaches and Recreation Commission meetings as needed.
• Attend regional Bight Planning Sessions at SCWRRP to
confirm the City's interests are being met.
• Attend and present testimony on behalf of City at Water
Board and State Board meetings.
Inclusion of Innovative Technologies
Water quality regulations are continually evolving based on an
increased understanding of water quality impacts, discovery
of emerging contaminants of concern, and realization of new
pressures related to global warming and sea level rise (SLR).
Our team members stay in front of the evolving regulations by
following the news, keeping in touch with local regulators, and
attending scientific and professional conferences. Many of our
team members are active stakeholders and contribute to the
evolving regulations at hearings orthe during public comment.
Due to the challenges of linking water quality numeric
standards to water quality impairment, we need to develop
or implement new analytical tools or methods to define the
linkage. With an established linkage, effective implementation
strategies can be supported. Our team members have
experience:
• Designing and permitting water effect ratios
• Applying Sediment Quality Objectives (SQOs) for TMDL
compliance
• Designing and conducting source tracking studies for
multiple media
• Conducting special studies to support the development of
Fecal indicator Bacteria criteria for REC-1 and SHEL beneficial
uses
• Applying novel testing approaches to support microbial
source tracking
• Designing and conducting bioaccumulation studies
• Designing and conducting Toxicity Identification Evaluations
• Designing and conducting chemical fingerprinting forensic
investigations
,,,, m o Hatt & n i c h o I Water Quality /Total Maximum Daily Load (TMDL) Compliance Programs I Scope of Services 118
Provide Technical Support for Emerging Contaminants
GSI offers a comprehensive range of services for emerging contaminants, including site characterization, risk assessment, and
regulatory review. GSI has led numerous PFAS investigations, including remedial studies and risk assessments for human health
and ecological impacts at multiple confidential sites across the U.S. Key work includes developing sampling designs and conceptual
site models. In addition, GSI has been entrenched in research and developments related to microplastics and has presented our
findings at both national and international conferences. GSI provided a technical response during the 2024 303(d) public comment
period regarding the inclusion of microplastics. The technical response was included in the statewide comment letter submitted by
CASQA (California Stormwater Quality Association) on behalf of the stormwater community. GSI also provides technical support for
stormwater mitigation strategies for 6PPD-Q, a degradation product of 6PPD found in rubber products.
section o
Proposed Labor Hours
Technical Support to 1 0.5 0.5 1 3 36 108
the TMDLs
Field Sampling and 1 1 1 12 12 27 324 972
Monitoring
Attend TMDL and
Related Water Quality 1.5 1.5 3 36 108
Meetings
TOTAL 1 3.5 1 1.5 1.5 14.5 12 1 33 1 396 1 1,188
,,,, moffatt & nichol
EXHIBIT B
SCHEDULE OF BILLING RATES
Moffatt & Nichol Page B-1
PROFESSIONALS
moffatt & niChol
RATE SCHEDULE FOR PROFESSIONAL SERVICES
CLASSIFICATION
Principal Engineer/Scientist
Supervisory Engineer/Scientist
Senior Engineer/Scientist
Engineer/Scientist III
Engineer/Scientist II
Engineer/Scientist I
Engineer/Scientist I
Staff II
Staff II
Staff I
Field Tech
REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement)
Subcontracts or Outside Services
Reproductions
- In House
Mylar Plots (B/W)
Color Plots
Vellum Plots (B/W)
Bond Plots (B/W)
Drawing Reproduction
Document Reproduction
- Outside Reproduction
Travel Company Auto
Rental Vehicle
Airfare
Meals and Lodging
HOURLY RATES
$350.00
$330.00
$320.00
$270.00
$260.00
$220.00
$210.00
$190.00
$180.00
$160.00
$150.00
Cost +10%
$2.70/S F
$4.90/SF
$1.70/SF
$1.10/SF
Cost +10%
$0.17/sheet
Cost +10%
Prevailing IRS
Cost
Cost
Cost
Effective March 1, 2024, Until Revised
PROPOSED HOURLY RATES SHEET
GSI Environmental Inc.
P E R S O N N E L
Ro GS I
ENVIRONMENTAL
HOURLY RATE
ProjectAssistant...........................................................................................................................................
$90
AccountingSpecialist..................................................................................................................................
$125
Researcher.................................................................................................................................................
$155
Environmental Technician...........................................................................................................................
$100
Senior Environmental Technician................................................................................................................
$115
CADD/Graphics Specialist...........................................................................................................................
$130
GIS Specialist, Senior Data Scientist, Senior Programmer, Senior Researcher ...........................................
$160
Engineer/Scientist/Geologist I......................................................................................................................
$135
Engineer/Scientist/Geologist II.....................................................................................................................
$155
Engineer/Scientist/Geologist III....................................................................................................................
$175
Engineer/Scientist/Geologist IV...................................................................................................................
$190
Senior Engineer/Scientist/Geologist I..........................................................................................................
$215
Senior Engineer/Scientist/Geologist II..........................................................................................................
$225
SeniorAssociate.........................................................................................................................................
$245
Principal.....................................................................................................................................................
$290
E Q U I P M E N T
FieldVehicle..........................................................................................................................................$150/day
Standard Sampling and Field Equipment...............................................................................................$100/day
Photoionization Detector(PID)..............................................................................................................$120/day
PortableGenerator................................................................................................................................$100/day
AirSampling Equipment........................................................................................................................$120/day
Low -Flow Sampling Instrumentation......................................................................................................$120/day
SubmersiblePump ..................... ...........................................................................................................
$220/day
SamplingPumps.....................................................................................................................................$75/day
Trimble T10/R1 Precision GPS Unit......................................................................................................$175/day
Level C Personal Protective Equipment.......................................................................................$45/person/day
Level D Personal Protective Equipment.......................................................................................$30/person/day
PortableGC/MS.................................................................................................................................$1,100/day
RentalEquipment Cost.......................................................................................................................cost
+ 10%
O T H E R E X P E N S E S
Outside Subcontractor Services.........................................................................................................cost
+ 10%
Miscellaneous Expense (Travel, Shipping, Supplies, etc.) .......................................... ........................
cost+ 10%
Mileage - Private Vehicles (subject to change in accordance with IRS adjustments) ...........................
$0.67/mile
Specialized Computer Hardware and Software Applications..................................................................
$30/hour
Insurance Certificates Cost (Specific Endorsements and/or Waiver of Subrogation) ...........................cost
+ 10%
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Contract, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Consultant agrees to provide insurance in accordance with
requirements set forth here. If Consultant uses existing coverage to comply and
that coverage does not meet these requirements, Consultant agrees to amend,
supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for
bodily injury by disease in accordance with the laws of the State of
California.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary, excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate. The policy shall cover liability arising from bodily
injury, property damage, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
Moffatt & Nichol Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount
of two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity
date, or retroactive date must be before the Effective Date of this
Agreement and Consultant agrees to maintain continuous coverage
through a period no less than three years after completion of the
Services required by this Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Consultant's primary and excess/umbrella liability policies are
exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed
to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents,
volunteers and employees, or shall specifically allow Consultant or
others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess/umbrella liability, and
automobile liability, if required, but not including professional liability,
shall provide or be endorsed to provide that City, its City Council, boards
and commissions, officers, agents, volunteers and employees shall be
included as additional insureds under such policies.
C. Primary and Non -Contributory. Consultant's insurance coverage shall
be primary insurance and/or the primary source of recovery with respect
to the City, its City Council, boards and commissions, officers, agents,
volunteers and employees. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self -
Moffatt & Nichol Page C-2
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except
for nonpayment for which ten (10) calendar days' notice is required) for
each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage. All of
the executed documents referenced in this Contract must be returned
to City within ten (10) regular City business days after the date on the
"Notification of Award". Insurance certificates and endorsements must
be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with
City at all times during the term of this Contract. The certificates and
endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. At least fifteen
(15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types
of insurance required by giving Consultant ninety (90) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Right to Review Subcontractors. Consultant agrees that upon request,
all agreements with subcontractors with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
Moffatt & Nichol Page C-3
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Consultant. Any available proceeds in excess of
specified minimum limits of insurance and coverage shall be available
to the City.
F. Self -Insured Retentions. Any self -insured retentions must be declared
to and approved by City. City reserves the right to require that self -
insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Consultant fails to provide and
maintain insurance as required herein, then City shall have the right but
not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at
City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the Work.
Moffatt & Nichol Page C-4
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