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Home My WebLink AboutGPA 06-09; Muroya Subdivision; General Plan Amendment (GPA) (14)• AGREEMENT TO CONDUCT PALEONTOLOGICAL MITIGATION MUROYA, GRADING & PRIVATE STORM DRAIN CITY OF CARLSBAD r for: Taylor Morrison of California, LLC 8105 Irvine Center, Suite 1450 Irvine, CA 92618 Fax: 949-341-1400 by: Department of PaleoServiccs San Diego Natural History Museum P.O. Box 121390 San Diego, CA 92112-1390 Fax: 619-255-0187 14 October 2011 • This Agreement to Conduct Paleontological Mitigation (the "Agt·ccmcnt") is made as of the 14th day of October, 20 II (the "Effective Date") between Taylor Morrison of California, LLC and the San Diego Natural History Museum, Department of l'alcoServices. In consideration of the covenants and agreements hcrcinatler contained, the parties agree as follows: SCOPE OF WOnK Commencing on IVQYEIU.0tf \<;;f , 20 II (the "Commencement Date"), the San Diego Natural History Museum (the "t Iuscum") will: PROVIDE the necessary qualitied personnel, listed individually on Exhibit A attached hereto, equipment, and material to conduct paleontological monitoring during earthwork for the Muroya, Grading & Private Storm Drain project. The project director will be Dr. Thomas A. Demere, Department of PaleoScrvices, San Diego Natural History Museum. ENSURE that all personnel listed on Exhibit A shall be employed by the Museum and covered under the Museum's workers compensation insurance; or if not employed by the Museum, said personnel arc covered under an alternative policy for injury and illness. WEAR safety vests and hard hats, salety glasses and appropriate footwear, and any other personal protective equipment necessary to comply with any and all regulations governing the site at all times during lieldwork. PROVIDE letters of verification for PI, monitors, and record search. PROVIDE exhibit identifying areas to be monitored and an annotated schedule. PROCURE AND Mt\lNTAlN in force during the term of this Agreement, the following insurance: -:;::-::--] ypes of Insurance ---.-:-c-,--------------Limits Workers' Compensation · · as Statutory-State of California ._tpplicab::..:l::.c-,-__ _ Commercial General Liability $2,000,000 per occurrence for bodily (CGL) -------------injury and proeertl_<I~magc _________ _ Museum will provide, at the time of execution of this agreement, a certificate of insumnce evidencing the required coverage listed above. The certificate will specifically provide that Taylor Morrison of California, LLC and Taylor Morrison Services, Inc. arc named as additional insured on the CGL policy; that a waiver of subrogation is granted on both the Workers Compensation and CGL policy in tiwor of Taylor Morrison of Calilornia, LLC and Taylor Morrison Services, Inc. ATTEND required mel.!tings (including pre-construction meetings) concerning the pr()icct and doctnncnt field activities via the client's requirements. PREP/\R.B a linalreport sunnnmi~ing the results of the mitigation program. This report will include a disc\Jssion of methods employed, fossils recovered, geologic context of fossil rcuwins, and significance of mitigation program. ENSURE that all work is done in compliance with approved MMRI' requirements. In the event that fossils arc discovered, it will be necessary to supplcmm\t the contract with additional tasks. Contingency tasks provided by the Museum will include: SALVAGE significant fossil remains, as they arc uncovered. SCREEN WASH lossil-bcming sedimentary matrix for microfossils .. DOCUMENT the strntigraphic and geologic context of salvaged fossil remains. TRANSPORT all fossil material collected on the project to the San Diego Natural I listory Museum. Ci\RR Y -OUT initial preparation, sorting, and identi11cation of collected fossil material. CATALOG & STORE all collected and prepnrcd fossil material. Taylor Morrison of Calilornia, LLC ("Taylor Monison") will: PROVIDE necessary permission and access to the property (the "Site") through the construction entrance in the location depicted on the map attached hereto and incorporated herein as Exhibit B. PROVIDE base maps of subject property suitable for field locating offossil1inds and for the final report. DONATE catalogued fossils to the San Diego Natural History Museum. ~fANDARD SCOI'Tc & BUDGET (no fossils found): IDitial !'ill!! l\ss9ssment .. WrJ9r.l>ulradJn.9.l Bate Total Record search & Jetter reporl 1 person as needed part-time $60.00 3 hours 1 day _$180.00. Subtotal $180.00 fie.!Q.Jimq Monitoring 1 person fllll-time $52.00 per 6 hours 25 days $7,800.00 Field Supervision 1 person p<lrHimc $85.00 3 hours 5 weeks -~1.?7.5.00 Subtotal field $9,075.00 E!n<!.LB_gpqrt Preparation Report Preparation 1 person part-time $95.00 2 llours day $190.00 Heporl Preparation 1 person p8rt-lime $85.00 8 hours 2 days $1,36000 2 Report Production 1 person part-time $60.00 2 hours 1 day $120.00 P.Loj~ct Management Subtotal report $1,670.00 Meetings 1 person part-time $95.00 2 hours 2 days $380.00 Project Management 1 person part-limo $95.00 1 hour 7 weeks $665.00 Contract Management 1 person part-iime $60.00 2 hours 7 weeks $840,00_ l)-1ilea£JQ Subtotal PM $1,885.00 !;>UQRiies $0.555 64 miles 31 days $1,101.12 amount estimated --$75.00 Fixed Total $13,986.12 ASSUMPTIONS The above figures assume that mass grading will require 25 workdays of paleontological monitoring. The fixed scope and budget assumes that no fossils arc discovered ami is broken down into the following tasks: Field time (monitoring and field supervision), Final report preparation (preparation and production of negative report), Project management (meetings, project management, and contract management), mileage and supplies (field supplies). Project nuumgemcnt and contract management arc scheduled to occur over a 7 week period in recognition of the need for pre-<md post-grading oversight. The mileage calculation assumes 31 roundtrips to the project (25 for the monitor, 5 days for the field manager, and I day for the project director). In the event that fossils are discovered, the contract will need to be amended to include the following contingency scope and budget items: Field time (fossil salvage and recording of sites), Fossil preparation and curation (cleaning, identification, cataloguing, and storage), final report augmentation (expanded report to incorporate paleontological discoveries and discussions ofsignificanee), and supplies (preparation and curation supplies). MgTHOD OF PAYMENT The San Diego Naturalllistory Museum will bill Taylor Morrison monthly for time and materials. NOTICI<: Any notices required by this Agreement shall be in writing and sent to the address shown on the cover page of this Agreement. Such notice shall be ciTectivc: (a) two (2) business days after deposit in the U.S. mail; or (b) upon delivery of a confirmed receipt by facsimile. Email notification is for convenience only and is not deemed notice as and when required under !his Agreement. INDI<:PENDJ<:NT CONTRACTOH 3 .. The Museum is an independent contractor and not an employee of Taylor Morrison. The Museum's employees shall not be deemed to be employees of Taylor Morrison. The Museum is solely responsible for securing, protecting and providing insurance lur all of its tools, scaft<Jlds, machinery, cqlli)lmcnt, fixtures, vehicles, materials and other apparatus. Taylor Morrison will not be responsible for damage or Joss to any of such tools, scaftulds, machinery, equipment, vehicles, materials, or other apparatus from fire, theft or any other cause whatsoever. '!11c Museum understands that, as an independent contractor, Taylor Morrison shall not be obligated to, and shall not withhold, or otherwise pay in relation to the Museum, any federal income lax, unemployment compensation tax, social security, state and payroll taxes, worker's compensation insurance or taxes, sales or usc taxes or charges associated in any way with the Agreement, or employee's liability insmanec of any kind or to take any other action with respect to the insurance or taxes oft he Museum or provide other statutory hcnclit or right predicated on an employer·-employee relationship. A'f'TOHNEYS' II.KES In the event of a dispute concerning the terms of this Agreement or the enforcement of any term hereof, the substantially prevailing party shall recover its reasonahlc a!lorneys' and paralegals' fees and costs through all trial and appellate levels of litigation, and in any settlement, mediation, bankruptcy or administrative proceedings. COMPLIANCE WITH Tim LAW The Museum agrees that all activities will comply with all applicable law, regulations, ordinances and the like (including without limitation those applicable to safety and the environment), as well as Taylor Morrison's safety requirements which shall be made known to the Museum; as a condition l>f entry all Museum personnel will participate in a review of Taylor Morrison's safely requirements. Taylor Morrison of California, LLC, a California limited liability company 4 EXHIBIT A Museum Personnel Th~ Museum personnel permitted on the Site arc as follows: 1. Thomas A. Dcmcrc 2. Sarah A, Siren 3. Bracl!orcl 0. Riney 4. Patrick 1. Sena 5. Rodney Hubschcr 6. Christopher S. Ploufie 7. Todd Wirths The Museum may add or delete names from this personnel Jist by providing Taylor Morrison with 24 hours prior written Notice of such addition or deletion. 5 .. EXHIIJIT B /------Construction l:.nlnmcc MUROYA SITE PLAN JUNE 13,2011 LOT<t OP~NSPACE 9/loi.C 7 ~(~} SCALE: 1",1-10" . ; .. L's!;~· .:,_L\ ""'' ',. ,,