HomeMy WebLinkAboutSaving Sacred Sites; 2015-02-02; TRAN1200TRAN1200
AMENDMENT NO. 4 TO EXTEND THE AGREEMENT FOR NATIVE AMERICAN
MONITORING SERVICES ON PROJECT NO. 3957, EL CAMINO REAL ROAD WIDENING,
TAMARACK AVENUE TO CHESTNUT AVENUE
(SAVING SACRED SITES)
No. 4 is entered into and effective as of the '/th day of
~...t-J.~-d-1.-oL...b.l.........:~~---' 2017, extending the agreement dated Feb. 2, 2015 (the
"Agreement") by and b en the City of Carlsbad, a municipal corporation, ("City"), and Saving
Sacred Sites, a California non-profit corporation ("Contractor") (collectively, the "Parties") for
Native American monitoring services on Project No. 3957, El Camino Real Road Widening,
Tamarack Avenue to Chestnut Avenue.
RECITALS
A. On Sept 15, 2015, the Parties executed Amendment No. 1 to the Agreement to
increase the Agreement's allowable amount by ninety thousand eight hundred seventy nine
dollars ($90,879) for a total yearly agreement amount of ninety nine thousand nine hundred and
ninety nine dollars ($99,999); and
B. On Oct 21, 2015, the Parties executed Amendment No. 2 to the Agreement to
increase the Agreement's allowable amount by sixty four thousand seven hundred thirty four
dollars ($64,734) for a total yearly Agreement amount of one hundred sixty four thousand seven
hundred thirty three dollars ($164, 733); and
C. On Oct 24, 2016, the Parties executed Amendment No. 3 to the Agreement to
increase the Agreement's allowable amount by one hundred seventy two thousand nine hundred
dollars ($172,900) for a total yearly Agreement amount of three hundred thirty seven thousand
six hundred thirty three dollars ($337,633); and
C. The Parties desire to extend the Agreement for a period of one year, ending on
Feb. 2, 2018.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The Agreement, as may have been amended from time to time, is hereby extended
for a period of one year ending on Feb. 2, 2018.
2. All other provisions of the Agreement, as may have been amended from time to
time, shall remain in full force and effect
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for this
Amendment
Ill
Ill
City Attorney Approved Version 1/30/13
TRAN1200
4. The individuals executing this Amendment and the instruments referenced on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions hereof of this Amendment.
CONTRACTOR
By:
(s1gn here
mtL Vu-NJYZ
(print name/title)
By:
I 1/1 J I LM. fl.\ ( Cl\A."' I
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
(jc_/YOG AQ {2l!zzt:V-/Jvc--
BARBARA ENGLESON
City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: .flf.&~
Deputy City Attorney
City Attorney Approved Version 1/30/13
2
AMENDMENT NO. 3 TO AGREEMENT FOR NATIVE AMERICAN MONITORING SERVICES
ON PROJECT NO. 3957, EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO
CHESTNUT AVENUE
(SAVING SACRED SITES)
~Amendment No. 3 is entered into and effective as of the 24th day of
_J....._.. , 20.1../£., amending the agreement dated Feb. 2, 2015 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and SAVING
SACRED SITES, ("Contractor") (collectively, the "Parties") for Native American monitoring
services on Project No. 3957, El Camino Real Road Widening, Tamarack Avenue to Chestnut
Avenue.
RECITALS
A. On Sept. 15, 2015, the Parties executed Amendment No. 1 to the Agreement to
increase the Agreement allowable amount by ninety thousand eight hundred seventy nine dollars
($90,879) for a total yearly agreement amount of ninety nine thousand nine hundred and ninety
nine dollars ($99,999); and
B. On Oct. 21, 2015, the Parties executed Amendment No. 2 to the Agreement to
increase the Agreement allowable amount by sixty four thousand seven hundred thirty four dollars
($64, 734) for a total yearly agreement amount of one hundred sixty four thousand seven hundred
thirty three dollars ($164,733); and
C. The Parties desire to alter the Agreement's scope of work to increase the
Agreement allowable amount by one hundred seventy two thousand nine hundred dollars
($172,900) for a total yearly Agreement amount of three hundred thirty seven thousand six
hundred thirty three dollars ($337,633); and
D. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed one hundred seventy two thousand nine
hundred dollars ($172,900). Contractor will provide City, on a monthly basis, copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by City.
3. Contractor will complete all work described in Exhibit "A" by Feb. 2, 2017.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
City Attorney Approved Version 1/30/13
1
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
6. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor ea~ represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: Cit~~r Bireetor
ATTEST:
\jiKYlo w !Zflt ~joe
BARBARA ENGLESON
City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:~ ----~----------~--------Deputy City Attorney
AMENDMENT NO. 3 TO AGREEMENT FOR NATIVE AMERICAN MONITORING SERVICES ON PROJECT NO. 3957, EL
CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO CHESTNUT AVENUE
(SAVING SACRED SITES)
City Attorney Approved Version 1/30/13
2
EXHIBIT A
Saving Sacred Sites
A California Non-Profit Corporation
Casey Arndt
Municipal Projects Manager
City of Carlsbad ·
1635 Faraday Ave.
Carlsbad, CA 92008
1889 Sunset Drive • Vista, CA 92081
760-724-8505 • FAX 760-724-2172
September 9, 2016
VIA ELECTRONIC MAIL
Casey.Arndt@carlsbadca.gov
RE: Second REVISED & UPDATED PROPOSAL OF PROJECTED
Dear Mr. Arndt:
COSTS FOR NATIVE AMERICAN MONITORING SERVICES BY
SAVING SACRED SITES FOR THE EL CAMINO REAL ROAD
WIDENING PROJECT IN THE CITY OF CARLSBAD, CA
Saving Sacred Sites is honored to continue providing our Native American monitoring services for the El
Camino Real Road Widening Project (11Project") for the City of Carlsbad. Per your request, Saving Sacred
Sites submits the following Second Revised & Updated Proposal of Projected Costs for your review. This is
a continued job cost proposal for the inclusion of construction monitoring and associated archaeological
data recovery monitoring. The projected costs for these services are provided below.
Projected Cost Estimate for Native American Monitoring
Project Name:
Project Developer/Owner:
Project Contact:
Description of Project:
El Camino Real Road Widening Project
The City of Carlsbad
Casey Arndt
This is a continued Project involving the widening of El Camino
Real in Carlsbad, CA (11Project Site/Location/Area").
It is SSS' further understanding that Project Developer
acknowledges and recognizes the area's past and potential
discovery of cultural resources at the Project Site and has
allowed the presence of a Luiseno Native American monitor.
City Attorney Approved Version 1/30/13
3
..
Expected Length of Project:
Monitors Hourly Wage:
Number of Native American
Monitors Required:
Additional Costs Associated
with Monitoring of Project:
70 days (560 hours)
$55.00
It is estimated that five (5) Native American monitors will be
necessary for this Project. Native American monitors will be
necessary to provide monitoring during construction activities
and during the archaeological data recovery process. Therefore,
for five (5) Native American monitors, the estimated cost will be
$154,000.00.
Native American monitors are reimbursed for all reasonable and
documented mileage expenses at the current IRS mileage rate
of $.54 cents per mile. Our Native American monitors reside in
and outside San Diego County. Given the nature of our business,
we cannot determine which Native American monitor will be
placed at your site until the job is cleared to begin. Hence, to
provide your company with our best estimate, we have taken
the residence of our furthest monitor and estimated their travel
expenses to and from the proposed job site. In this instance, the
estimated mileage for our monitors who live the furthest from
this job site is 100 miles/round trip. If we estimate .54 cents a
mile for these Native American monitors, the estimated
expense is $54.00 each per day. Therefore, for five (5) Native
American monitors, the estimated mileage reimbursement for
this Project will be $18,900.00.
Saving Sacred Sites will maintain comprehensive general
liability property damage and bodily injury insurance in the
amount of not less than $1 million per occurrence, and
workmen's compensation insurance if required by law,
throughout the term of this Project and provide the
Owner/Developer a current certificate of insurance extending
such coverage to the Native American monitor's conduct on the
Project Site prior to any on site monitoring activity, if so
requested.
A minimum half-day charge ("show up time") will be charged to
the Owner/Developer for unannounced work stoppages of
Tribal monitors which are not due to actions of Saving Sacred
City Attorney Approved Version 1/30/13
4
Invoicing Requirements:
Proposal Summary:
Sites. The hourly rate will not be applicable to travel time to
and from the Project site.
The Owner/Developer agrees that Saving
Sacred Sites may invoice for the Native American
monitors' compensation on a monthly basis.
The Owner/Developer also agrees to remit
payment in full to Saving Sacred Sites within thirty
(30) days of receipt of said invoice.
It is expected that SSS' monitors will need to be present for 70
days (560 hours). It is further estimated that five (5) monitors
will be needed given the proposed activities: construction
monitoring and associated archaeological data recovery
monitoring. Therefore, it is estimated that the cost forfive (5)
Native American monitors to be present during the Project's
activities will be
$154,000.00 plus mileage reimbursement of
$18,900.00, for a total cost of $172,900.00.
In conclusion, SSS's projected cost estimate for five (5) Native American monitors to be present
at your Project for another estimated 70 days (560 hours) is $172,900.00. If you have any comments or
questions, please do not hesitate to contact me at 760.724.8505.
Sincerely,
/f
(/
Carmen Mojado
President, Saving Sacred Sites
City Attorney Approved Version 1/30/13
5
AMENDMENT NO.2 TO AGREEMENT FOR NATIVE AMERICAN MONITORING SERVICES
ON PROJECT NO. 3957, EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO
CHESTNUT AVENUE
(SAVING SACRED SITES)
'll ~t-Thlc(Ydment No. 2 is entered into and effective as of the c::7'-day of OC )£ , 20 !'?,amending the agreement dated February 2, 2015
(the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
SAVING SACRED SITES, ("Contractor") (collectively, the "Parties") for Native American
monitoring services on Project No. 3957, El Camino Real Road Widening, Tamarack Avenue to
Chestnut Avenue ..
RECITALS
A. On Sept. 15, 2015, the Parties executed Amendment No. 1 to the Agreement to
increase the Agreement allowable amount by ninety thousand eight hundred seventy nine dollars
($90,879) for a total yearly agreement amount of ninety nine thousand nine hundred and ninety
nine dollars ($99,999); and
B. The Parties desire to alter the Agreement's scope of work to increase the
Agreement allowable amount by sixty four thousand seven hundred thirty four dollars ($64,734)
for a total yearly Agreement amount of one hundred sixty four thousand seven hundred thirty
three dollars ($164,733); and
C. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed sixty four thousand seven hundred thirty
four dollars ($64,734) for a total Agreement amount of one hundred sixty four thousand seven
hundred thirty three dollars ($164, 733). Contractor will provide City, on a monthly basis, copies of
invoices sufficiently detailed to include hours performed, hourly rates, and related activities and
costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by Feb. 2, 2017.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
City Attorney Approved Version 1/30/13
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
6. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
By:
By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
Matt Hall
ATTEST:
If required by City, proper notarial acknowledgment of execution by Contractor must be
attached. If a corporation, Agreement must be signed by one corporate officer from each of the
following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY ~hL-2:'bJ. ----~~~--~-------------~~t City Attorney
AMENDMENT NO.2 TO AGREEMENT FOR NATIVE AMERICAN MONITORING SERVICES ON PROJECT NO 3957, EL
CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO CHESTNUT AVENUE
(SAVING SACRED SITES)
City Attorney Approved Version 1/30/13
2
A California Non-Profit Corporation
1889 Sunset Drive • Vista, CA 92081
760-724-8505 • FAX 760-724-2172
Patrick Vaughan, P.E.
City of Carlsbad
Division Manager
Mayl,2015
VIA ELECTRONIC MAIL
Patrick. Vaughan@ carlsbadca.gov
Construction Management & Inspection
5950 El Camino Real
Carlsbad, CA 92008
RE: REVISED & UPDATED PROPOSAL OF PROJECTED COSTS FOR
NATIVE AMERICAN MONITORING SERVICES BY SAVING
SACRED SITES FOR THE EL CAMINO REAL ROAD WIDENING
PROJECT IN THE CITY OF CARLSBAD, CA
Dear Mr. Vaughan:
Saving Sacred Sites is honored to continue providing our Native American monitoring
services for the El Camino Real Road Widening Project ("ProJect") for the City of
Carlsbad. Per your request, Saving Sacred Sites submits the following Revised &
Updated Proposal of Projected Costs for your review. This is a continued job cost
proposal for the inclusion of construction monitoring and archaeological data recovery
monitoring. The projected costs for these services are provided below.
Projected Cost Estimate for Native American Monitoring
Project Name: El Camino Real Road Widening Project
Project Developer/Owner: The City of Carlsbad
Project Contact:
Description of Project:
Patrick Vaughan
This is a continued Project involving the widening
of El Camino Real in Carlsbad, CA (("Project
Site/Location/ Area").
Revised & Updated Projected Cost Estimate
for the El Camino Real Road Widen in[; Project
Saving Sacred Sites
Page 1 of 1
Expected Length of Project:
Monitors Hourly Wage:
Number of Native American
Monitors Required:
Additional Costs Associated
with Monitoring of Project:
It is SSS' further understanding that Project
Developer acknowledges and recognizes the area's
past and potential discovery of cultural resources at
the Project Site and has allowed the presence of a
Luisefio Native American monitor.
63 days (500 hours)
$55.00
It is estimated that five (5) Native American
monitors will be necessary for this Project Native
American monitors will be necessary to provide
monitoring during construction activities and during
the archaeological data recovery process, Therefore,
for five (5) Native American monitors, the
estimated cost will be $137,500.00.
Native American monitors are reimbursed for all
reasonable and documented mileage expenses at the
current IRS mileage rate of $.57 Scents per mile.
Our Native American monitors reside in and outside
San Diego County, Given the nature of our
business, we cannot determine which Native
American monitor will be placed at your site until
the job is cleared to begin. Hence, to provide your
company with our best estimate, we have taken the
residence of our furthest monitor and estimated
their travel expenses to and from the proposed job
site. In this instance, the estimated mileage for our
monitors who live the furthest from this job site is
100 miles/round trip. If we estimate .575 cents a
mile for these Native American monitors, the
estimated expense is $57.50 each per day,
Therefore, for five (5) Native American monitors,
the estimated mileage reimbursement for this
Project will be $18, 112.50.
Saving Sacred Sites will maintain comprehensive
general liability property damage and bodily injury
insurance in the amount of not less than $1 million
per occurrence, and workmen's compensation
insurance if required by law, throughout the term of
Revised & Updated Projected Cost Estinwte
for the El Camtno Real Road Widening Project
Saving Sacred Sites
Page 2 c1j2
Invoicing Requirements:
Proposal Summary:
this Project and provide the Owner/Developer a
current certificate of insurance extending such
coverage to the Native American monitor's conduct
on the Project Site prior to any on site monitoring
activity, if so requested.
A minimum half-day charge ("show up time") will
be charged to the Owner/Developer for
unannounced work stoppages of Tribal monitors
which are not due to actions of Saving Sacred Sites.
The hourly rate will not be applicable to travel time
to and from the Project site.
The Owner/Developer agrees that Saving
Sacred Sites may invoice for the Native American
monitors' compensation on a monthly basis.
The Owner/Developer also agrees to remit
payment in full to Saving Sacred Sites within thirty
(30) days of receipt of said invoice.
It is expected that SSS' monitors will need to be
present for 63 days (500 hours). It is further
estimated that five (5) monitors will be needed
given the proposed activities: construction
monitoring and archaeological data recovery
monitoring. Therefore, it is estimated that the cost
for five (5) Native American monitors to be present
during the Project's activities will be $137,500 plus
mileage reimbursement of $18,112.50, for a total
cost of $155,612.50.
It is the practice of Saving Sacred Sites to invoice
the Owner/Developer for the Native American
monitors' compensation on a monthly
basis. Owner/Developer must agree to remit
payment in full within thirty (30) days of receipt of
Saving Sacred Sites' invoice.
Revised & Updated Projected Cost Esttmute
for the El Camino Real Road Widening Project
Sm·ing Sacred Sites
Page 3 o/3
In conclusion, SSS's projected cost estimate for five (5) Native American
monitors to be present at your Project for the estimated 63 days (500 hours) is
$155,612.50. If you have any comments or questions, please do not hesitate to contact me
at 760.724.8505.
Sincerely,
Carmen Mojado
President, Savinx ,)'cu-red Sites
cc: Merri Lopez-Keifer, SSS General Counsel
Revised & Updated Projected Cost Estimate
for the El Camino Real Road Widening Project
Saving Sacred Sites
Page 4 of4
AMENDMENT NO. 1 TO AGREEMENT FOR NATIVE AMERICAN MONITORING SERVICES
ON PROJECT NO. 3957, EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO
CHESTNUT AVENUE
(SAVING SACRED SITES)
is ente~~ into and effective as of the 15--\i) day of
--"-..£..>..-"\'-'""'-""""-'--::'-:'-'=""-------' 20]5mending the agreement dated February 2, 2015
(the "Agr ement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
SAVING SACRED SITES, ("Contractor") (collectively, the "Parties") for Native American
monitoring services on Project No. 3957, El Camino Real Road Widening, Tamarack Avenue to
Chestnut Avenue.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to increase the
Agreement allowable amount by ninety thousand eight hundred seventy nine dollars ($90,879),
for a total yearly agreement amount of ninety nine thousand nine hundred and ninety nine dollars
($99,999); and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed ninety thousand eight hundred seventy
nine dollars ($90,879) for a total Agreement amount of ninety nine thousand nine hundred ninety
nine dollars ($99,999). Contractor will provide City, on a monthly basis, copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by City. City and Contractor acknowledge that the Contractor's estimate to complete the
work described in Exhibit "A" is higher than the contracted amounts. Since the expected length of
the project may vary based on site conditions and methodology used, the Parties agree that
$90,879 is a good faith estimate of the expected costs. The Contract will be amended to increase
the amount as necessary.
3. Contractor will complete all work described in Exhibit "A" by February 2, 2017.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version 1/30/13
6. The individuals executing this Amendment and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
AMENDMENT NO. 1 TO AGREEMENT FOR NATIVE AMERICAN MONITORING SERVICES ON PROJECT NO.
3957, EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO CHESTNUT AVENUE
(SAVING SACRED SITES)
City Attorney Approved Version 1/30/13
2
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
City Attorney Approved Version# 05.22.01
3
A California Non-Profit Corporation
1889 Sunset Drive • Vista, CA 92081
760-724-8505 • FAX 760-724-2172
Patrick Vaughan, P.E.
City of Carlsbad
Division Manager
May I, 2015
VIA ELECTRONIC MAIL
Patrick. Vaughan @carlsbadca.gov
Construction Management & Inspection
5950 El Camino Real
Carlsbad. CA 92008
RE: REVISED & UPDATED PROPOSAL OF PROJECTED COSTS FOR
NATIVE AMERICAN MONITORING SERVICES BY SAVING
SACRED SITES FOR THEEL CAMINO REAL ROAD WIDENING
PROJECT IN THE CITY OF CARLSBAD, CA
Dear Mr. Vaughan:
Saving Sacred Sites is honored to continue providing our Native American monitoring
services for the El Camino Real Road Widening Project ("Project") for the City of
Carlsbad. Per your request. Saving Sacred Sites submits the following Revised &
Updated Proposal of Projected Costs for your review. This is a continued job cost
proposal for the inclusion of construction monitoring and archaeological data recovery
monitoring. The projected costs for these services are provided below.
Projected Cost Estimate for Native American Monitoring
Project Name: El Camino Real Road Widening Project
Project Developer/Owner: The City of Carlsbad
Project Contact:
Description of Project:
Patrick Vaughan
This is a continued Project involving the widening
of El Camino Real in Carlsbad, CA (("Project
Site/Location/ Area").
Revised & Updated Projected Cost Estimate
for theE! Camino Real Road Widening Project
Saving Sacred Sites
Page I of' I
Expected Length of Project:
Monitors Hourly Wage:
Number of Native American
Monitors Required:
Additional Costs Associated
with Monitoring of Project:
It is SSS' further understanding that Project
Developer acknowledges and recognizes the area's
past and potential discovery of cultural resources at
the Project Site and has allowed the presence of a
Luisefio Native American monitor.
63 days (500 hours)
$55.00
It is estimated that five (5) Native American
monitors will be necessary for this Project. Native
American monitors will be necessary to provide
monitoring during construction activities and during
the archaeological data recovery process. Therefore,
for five (5) Native American monitors, the
estimated cost will be $137,500.00.
Native American monitors are reimbursed for all
reasonable and documented mileage expenses at the
current IRS mileage rate of $.575cents per mile.
Our Native American monitors reside in and outside
San Diego County. Given the nature of our
business, we cannot determine which Native
American monitor will be placed at your site until
the job is cleared to begin. Hence, to provide your
company with our best estimate, we have taken the
residence of our furthest monitor and estimated
their travel expenses to and from the proposed job
site. In this instance, the estimated mileage for our
monitors who live the furthest from this job site is
I 00 miles/round trip. If we estimate .575 cents a
mile for these Native American monitors, the
estimated expense is $57.50 each per day.
Therefore, for five (5) Native American monitors,
the estimated mileage reimbursement for this
Project will be $18,112.50.
Saving Sacred Sites will maintain comprehensive
general liability property damage and bodily injury
insurance in the amount of not less than $1 million
per occurrence, and workmen's compensation
insurance if required by law, throughout the term of
Revised & Updated Projected Cost Estimate
for the El Camino Real Road Widening Project
Saving Sacred Sites
Page 2 of2
Invoicing Requirements:
Proposal Summary:
this Project and provide the Owner/Developer a
current certificate of insurance extending such
coverage to the Native American monitor's conduct
on the Project Site prior to any on site monitoring
activity, if so requested.
A minimum half-day charge ("show up time") will
be charged to the Owner/Developer for
unannounced work stoppages of Tribal monitors
which are not due to actions of Saving Sacred Sites.
The hourly rate will not be applicable to travel time
to and from the Project site.
The Owner/Developer agrees that Saving
Sacred Sites may invoice for the Native American
monitors' compensation on a monthly basis.
The Owner/Developer also agrees to remit
payment in full to Saving Sacred Sites within thirty
(30) days of receipt of said invoice.
It is expected that SSS' monitors will need to be
present for 63 days (500 hours). It is further
estimated that five (5) monitors will be needed
given the proposed activities: construction
monitoring and archaeological data recovery
monitoring. Therefore. it is estimated that the cost
for five (5) Native American monitors to be present
during the Project's activities will be $137,500 plus
mileage reimbursement of $18,112.50, for a total
cost of $155,612.50.
It is the practice of Saving Sacred Sites to invoice
the Owner/Developer for the Native American
monitors' compensation on a monthly
basis. Owner/Developer must agree to remit
payment in full within thirty (30) days of receipt of
Saving Sacred Sites' invoice.
Rel'ised & Updated Projected Cost Estimate
for the El Camino Real Road Widening Project
Saving Sacred Sites
Page 3 of3
In conclusion, SSS's projected cost estimate for five (5) Native American
monitors to be present at your Project for the estimated 63 days (500 hours) is
$155,612.50. If you have any comments or questions, please do not hesitate to contact me
at 760.724.8505.
Sincerely,
Carmen Mojado
President, Saving Sacred Sites
cc: Merri Lopez-Keifer, SSS General Counsel
Revised & Updated Projected Cost Estimate
for theE/ Cami1w Real Road Widening Project
Saving Sacred Sites
Page 4 (Jf 4
A California Non-Profit Corporation
1889 Sunset Drive • Vista, CA 92081
760-724-8505 • FAX 760-724-2172
Jennifer Gowen
Associate Contract Administrator
Public Works
Construction Management & Inspection
City of Carlsbad
5950 El Camino Real
Carlsbad, CA 92008
June 2, 2015
VIA ELECTRONIC MAIL
Jennifer.Gowen @carlsbadca.gov
RE: EL CAMINO REAL WIDENING AND TESTING PROJECT IN CARLSBAD, CA
Dear Ms. Gowen:
Saving Sacred Sites is a California non-profit corporation that provides culturally appropriate
Native American monitoring and consultation services for the protection and preservation of Luisefio
cultural resources.
All Native American monitors utilized by Saving Sacred Sites for the El Camino Real Widening
and Testing Program ("project") in Carlsbad, CA are Independent Contractors and not employees of
Saving Sacred Sites. As Independent Contractors each are individually responsible for maintaining their
own workers compensation liability insurance and/or other professional and liability insurance policies.
In addition to their own separate insurance policies, Saving Sacred Sites maintains General and
Commercial General Liability Insurance (The Hartford Policy No 72SBMTV6473), as discussed in our
cost proposal for this project. Within the parameters of said insurance policy, Saving Sacred Sites
accepts full and complete responsibility for these individual's actions during the project.
Furthermore, to the knowledge of Saving Sacred Sites, none of the Independent Contractors that
Saving Sacred Sites proposes to utilize for Native American monitoring and consultation services for
this project have any other professional relations with the City of Carlsbad.
Sincerely,
Carmen Mojado
President, Saving Sacred Sites
cc: Merri Lopez-Keifer, SSS General Counsel
AGREEMENT FOR NATIVE AMERICAN MONITORING SERVICES ON PROJECT NO. 3957,
EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO CHESTNUT AVENUE
(SAVING SACRED SITES)
THIS AGREEMENT is made and entered into as of the ^^^^ day of
P<J(orUaS'Cf 20 (S, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"),-^nd SAVING SACRED SITES, a California non-profit corporation,
("Contractor").
RECITALS
A. City requires the professional services of a Native American monitor that is
experienced in monitoring ground disturbing activities at construction sites.
B. Contractor has the necessary experience in providing professional services and
advice related to Native American site monitoring.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreements terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date first above
written. The City Manager may amend the Agreement to extend it for one (1) additional one year
period or parts thereof in an amount not to exceed nine thousand one hundred twenty dollars
($9,120) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council The parties will prepare
a written amendment indicating the effective date and length ofthe extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
nine thousand one hundred twenty dollars ($9,120). No other compensation for the Services will
be allowed except for items covered by subsequent amendments to this Agreement. The City
reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or
Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of tiie services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-iVII". OR with a surplus
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line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits ofthe
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's
work for City). $1,000,000 combined single-limit per accident for bodily injury and property
damage.
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion of the work.
I I If box is checked, Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor wili furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
City Attorney Approved Version 1/30/13
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will 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 under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv For Contractor
Name Patrick Vaughan Name Carmen Mojado
Title Engineering Manager Title President
Department Const. Mgmt & Insp. Address 1889 Sunset Drive
City of Carlsbad Vista, CA 92081
Address 5950 El Camino Real Phone No. 760-724-8505
Carlsbad, CA 92008 Email
Phone No. 760-602-2780 x7321
^Vvi /)\aAr) 1 r m / .-i 5 /on t-A ^. ^'^
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
City Attorney Approved Version 1/30/13
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not othenwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be fonwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action ofthe City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and ofthe percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
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21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part ofthe Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement or any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
(print r\aj|he/title)
City Manager or Mayor or Divioion DifGctof
as authorizod by the City MonogGi'
Kathryn B. Dodson
ATTJEST:
(Sign nere) / BARBARA
City Clerk
_ (print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation. Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:
Assistant City Attorney
City Attorney Approved Version 1/30/13
Donna Heraty
From: Donna Heraty
Sent: Tuesday, February 03, 2015 9:39 AM
To: 'cjmojado@slrmissionindians.org'
Cc: Jennifer Gowen; Shelley Collins; Sherry Freisinger
Subject: FW: Form 700 - Conflict of Interest
Dear Consultant:
Regarding your agreement with the City of Carlsbad for Native American Monitoring Services on Project No. 3957, El
Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue -
// your agreement states: Contractor shall file a Conflict of Interest Statement with the City Clerii in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interest in ali four
categories.
It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement as
mentioned in your agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this
decision.
Should you have any questions, please do not hesitate to contact me.
Kindest regards,
Ccityof
Carlsbad
Shelley Collins, CMC
Assistant City Clerk
City Clerk's Office
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1949
www.carlsbadca.gov
760-434-2917 I Shellev-Collins@carlsbadca.gov
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