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HomeMy WebLinkAboutAGMT - Duke Cultural Resources Management LLC (Cultural Resources Services for Beverly Manor Well & Booster Pump Station)PROFESSIONAL SERVICES AGREEMENT for Cultural Resources Services for Beverly Manor Well & Booster Pump Station between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Duke Cultural Resources Management, LLC 18 Technology Drive, Suite #103 Irvine, CA 92618 (949) 356-6660 This Professional Service Agreement ("the Agreement") is made as of December 6, 2022 (the "Effective Date"), by and between Duke Cultural Resources Management, LLC ("Consultant"), a limited liability company, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain cultural resources professional services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide cultural resources services for the Beverly Manor Well & Booster Pump Station. C. Consultant represents that the principal members of its firm are qualified professionals and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services (collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's 2of19 work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on December 6, 2022, and shall remain in full force and effect until December 31, 2023, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $12,850.00 (Twelve Thousand Eight Hundred Fifty dollars and 00/100) for the Term. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 3of19 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Curt Duke is the Consultant's primary representative for purposes of this Agreement. Curt Duke shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Duke Cultural Resources Management, LLC 18 Technology Drive, Suite #103 Irvine, CA 92618 Attn: Curt Duke 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4of19 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other 5of19 retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City: officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset 'against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERE"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA" ),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 6of19 10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively "Data & Documents") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena. 11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Consultant's covenants under this Section shall survive the termination or expiration of this Agreement. 7of19 12.0 Ownership of Documents and Work Product 12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Data & Documents shall be considered "works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents. 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data & Documents is violating federal, state. or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant 8of19 shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 14.0 Prohibition Against Assignment or Delegation Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment' and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services 'in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may 9of19 issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreementllocation or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability, with minimum limits of $1,000,000 per claim/aggregate. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 10 of 19 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 11 of 1.9 17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City. 17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant 12 of 19 shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 18.0. ,17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 13 of 19 18.1.2. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except, for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Consultant's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. r 19.0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical 14 of 19 disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth. in Exhibit B, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 25.0 No Third Party Beneficiaries 15 of 19 This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission., percentage or gift. 27.3. Consultant warrants and maintains that it has noknowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall 16 of 19 immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non -Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 17 of 19 31.2. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 34.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 35.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 18 of 19 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: Acting Director of Publ_ ir. „JQrJEs CONSULTANT: Duke Cultural Resources Management, LLC, a limited liability company Curtis Dominic Duke Owner (Please note, two signatures required for corporations pursuant to California Corporations Code Section 393 from each of the following categories. (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 19 of 19 EXHIBIT A Consultant's Scope of Services November 30, 2022 Iris Lee Acting Public Works Director City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 18 Technology Dr. Suite #103 Irvine, CA 92618 949-356-6660 www.dukecrm.com Subject: Proposal for Cultural Resources Services for the Beverly Manor Booster Pump Station Rehabilitation Project, City of Seal Beach, County of Orange, California Dear Ms. Lee: On behalf of Duke Cultural Resources Management, LLC (DUKE C R M or CONSULTANT) I am pleased to submit this proposal to the City of Seal Beach (CITY or CLIENT) for cultural resources 'services for the Beverly Manor Booster Pump Station Rehabilitation Project (Project), City of Seal Beach, County of Orange, California. The Project is located at 3101 North Gate Road. The Project proponent is the City of Seal Beach Department of Public Works (City). The Project is subject to the California Environmental Quality Act (CEQA) and the National Historic Preservation Act (NHPA or Section 106). The State Water Resources Control Board (State Water Board) is the lead agency. The State Water Board provides guidance for agencies and their consultants related to cultural resources. This scope of work is tailored to comply with the State Water Board's guidance for cultural resources. DUKE CRM staff qualify as Principal Investigators who meets the Secretary of the Interior's Standards for Professional Qualifications. Following is our scope of work and budget to complete this Project and attached is our statement of qualifications (SOQ). We are available to start this work immediately. Attached is out Statement of Qualifications. SCOPE OF WORK The State Water Board requires the applicant to prepare a Historic Property Identification Report (HPIR). To prepare the HPIR the following tasks will be completed. ARCHAEOLOGY HISTORY PALEONTOLOGY DUKE CULTURAL RESOURCES MANAGEMENT Task 1:. Research DUKE CRM will conduct a/2 -mile records search at the SCCIC, located at California State University, Fullerton. In addition, DUKE CRM will contact the Native American Heritage Commission (NAHC). The NAHC will perform a Sacred Lands file search and provide a list of Native American groups to contact regarding this project. DUKE CRM will review on-line historic aerial maps, Sanborn maps, historic topographic maps of the area, and additional on-line research, as necessary. In addition, limited internet research will be conducted. Note: Due to CSUF campus closure the SCCIC records search may take up to 10 weeks or more. The records search may be partially incomplete due to lack of access to records during this time. Task 2: Field Survey If the records search indicates that there are no cultural/paleontological resources within or near the Project and an adequate archaeological survey of the Project has been conducted in the last 10 years, then a survey will not be necessary. However, we include this task because most of the time this exception is not met. If necessary, DUKE C RM will conduct a pedestrian survey of the project. The purpose of the survey is to identify any cultural/paleontological resources within the project, characterize the setting of the project, and field check any previously recorded cultural/paleontological resources discovered by the records search. Photographs will be taken. For the purposes of this proposal DUDE CRM does not anticipate the identification of any cultural/paleontological resources within the project boundaries; if resources are discovered additional tasks and costs, not included herein, will be necessary. This will require a contract amendment to cover any additional tasks. The CLIENT will need to provide legal and physical access to the project areas. Task 3: NRHP/CRHR Evaluation The Beverly Manor Booster Pump Station was built in 1969, making it approximately 53 years old. Therefore, consistent with standard practices under CEQA and NHPA and State Water Board guidance, DUKE, CRM's architectural historian will evaluate the Beverly Manor for eligibility on the National Register of Historic Places (NRHP) and the California Register .of Historical Resources (CRHR). DUKE CRM will conduct research through a number of online sources and prepare a historic context against which the property will be evaluated. These data will be summarized within applicable Department of Parks and Recreation (DPR) 523 Series forms (likely a Primary Record and Building, Structure, Object forms). Task 4: Native American Consultation DUKE CRM will conduct this coordination as part of the CEQA and/or Section 106 process. To do this, DUKE CRM will use the State Water Board template notification available on their website. The letter will be filled out and sent to the Native American groups listed by the NAHC. The letters will be sent by DUKE CRM via U.S. Certified Mail. Three to four weeks after the letters are sent, DUKE CRM will make follow up emails/phone calls to Native American groups in order to determine which groups would like to consult. From this point, consultation will take place between City/ Department of Water Resources and each Native American group, if requested. DUKE CRM is available to assist City/ Department of Water Resources in the process. Limited follow-up/consultation is anticipated and included herein; however, if any issues or concerns are raised, additional budget may be necessary to account for more extensive coordination and consultation support. Any meetings will be conducted by telephone or video call. The results of our efforts will be documented in a consultation matrix and will be attached to the report in Task 5. 11/30/2022 (Beverly Manor Proposal (1).docx) 2 DUKE CULTURAL RESOURCES MANAGEMENT Task 5: Report (HPIR) DUKE CRM will prepare a HPIR in accordance with the Department of Water Resources guidance dated 7/13/2020 and available on the Department of Water Resources website. THE HPIR will include the following: • Summary of Findings, • Table of Contents and Table and Figure lists, • Undertaking Description, • Area of Potential Effects (APE) Description, • Natural and Cultural Context, • Literature Review Methods and Results, • Tribal and Additional Consulting Party Coordination, • Field Inspection Methods and Results, and • NRHP Eligibility. The report will also include project photographs, a vicinity map, location map, APE map, DPR 523 forms. DUKE CRM will prepare one draft report for the City to review. DUKE CRM will respond to/revise one round of comments from the City. The revised report will be submitted to the Department of Water Resources. DUKE CRM will respond to/revise one round of comments from the Department of Water Resources. Additional rounds of review or changes will require additional costs. The report will be provided in PDF and/or MS Word electronic format. No hard copies or reproductions are included. If there are substantial comments made by the City, Department of Water Resources or any other reviewer, additional budget may be necessary. Associated Tasks and Costs Tasks associated with the completion of the project include photography, graphics, and word processing/editing. In addition, expenses necessary in the completion of this project will be included (archive fees, mileage, tolls, etc.). These tasks and costs are included in the cost estimate below. Additional budget will be necessary if additional rounds of comments are necessary. DUKE CRM does not anticipate attendance at any project meetings. If needed, attendance will be billed out hourly at the Principal Archaeologist's rate. DATA NEEDS The CLIENT will need to provide project data, including a project description, project maps and site plans in electronic format (PDF, CAD and/or GIS shapefiles). In addition, available background historical information, previous cultural resources studies, and geotechnical reports relevant to the Project should be provided. CLIENT will need to provide legal and physical access to Project. COST ESTIMATE DUKE C R M estimates that the scope of work can be completed for $12,850. Tasks Cost Task 1 — Research $ 2,700 Task 2 — Field Survey $ 2,150 Task 3 — NRHP/CRHR Evaluation $ 2,450 Task 4 — Native American Consultation $ 2,175 Task 5 — Report/HPIR $ 3,375 TOTAL $ 12,850 11/30/2022 (Beverly Manor Proposal (1).docx) DUKE CULTURAL RESOURCES MANAGEMENT If additional tasks are needed, or if any conditions stated herein change, DUMC R M will contact you to obtain additional authorization for the required tasks prior to conducting the additional work. Task costs may vary, but the total estimated costs based on the attached billing rates will not be exceeded without your prior authorization. Thank you for contacting DUMC RM on this request. We look forward to working with you on this interesting project. If you have any questions or comments, please contact me at (949) 356-6660 or by e-mail at curt@dukecrm.com. Sincerely, DUKE CULTURAL RESOURCES MANAGEMENT, LLC Curt Duke, M.A., RPA President/Principal Archaeologist Attachments: Statement of Qualifications 11/30/2022 (Beverly Manor Proposal (1).docx) 4 DUKE CULTURAL RESOURCES MANAGEMENT STATEMENT OF QUALIFICATIONS Overview DLXE C R M provides private and public clients with the highest quality archaeological, historical, and paleontological consulting services. At DLEE C R M we balance the importance of preserving significant historical, archaeological, and scientific resources with the needs of a growing and changing human environment. To do this we approach each project with sound science combined with regulatory strategy to seek development solutions. DLEEC RM staff are experts in CEQA, the National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA, Section 106). DLEE C R M staff has vast experience on several thousands of projects working with many federal and state agencies, including: Caltrans, FHWA, SHPO, ACOE, CPUC, CEC, FRA, BLM, USFS, ACHP,, DOD, FCC, DWR, and SWRCB, to name a few. In addition, we regularly work for local agencies. Our services include: • archaeological surveys • archaeological test excavations • archaeological data recovery • archaeological and paleontological monitoring • paleontological surveys and salvage • Native American consultation • historic resource evaluations • historic resource surveys • National and California Register nominations • HABS/HAER documentation Our office are located in Irvine and San Bernardino, California and we have staff that live and work in all areas of southern California, including San Bernardino. DUIE C R M was established in 2011 by Curt Duke, President and Principal Archaeologist. DUKE CRM maintains certifications with many government agencies, including: California Unified Certification Program (CUCP) Disadvantaged Business Enterprise (DBE), California Department of General Services (DGS) Small Business (SB -Micro)`, System for Award Management (SAM)/ Small Business Administration (SBA) self -certified Small Disadvantaged Business (SDB). We are also listed by the Metropolitan Water District of Southern California, Port of Long Beach, San Diego County Water Authority, Los Angeles Unified School District, Los Angeles Community College District as a small business enterprise (SBE). DUKE CRM also qualifies as a small/disadvantaged business with many other government agencies. DUKE CRM maintains commercial and general liability (CGL) at $2,000,000 per occurrence and $3,000,000 in aggregate, Professional Liability (PL) at $2,000,000 each claim and $3,000,000 in aggregate, Commercial Automotive Insurance at $1,000,000, and Workers Compensation/Employers Liability $1,000,000 per statute. 11/30/2022 (Beverly Manor Proposal (1).docx) Jr DUKE CULTURAL RESOURCES MANAGEMENT Key Staff DUKE C RM has a highly -qualified team of archaeologists, historians, and paleontologists. Our staff meets all of the educational and experience requirements to be qualified to conduct this type of work. The following staff will play a key role in the completion of Project. In addition, DUKE CRM maintains field staff and specialists who will be involved in implementation of the field effort. Curt Duke, M.A., RPA, President, Principal Archaeologist Mr. Duke has 25 years of professional cultural resources experience. He received his B.A. in Anthropology in 1994 from the University of California, Santa Cruz, and his M.A. in Anthropology in 2006 from California State University, Fullerton. His M.A. thesis focused on prehistoric mortuary analysis in southern California. Mr. Duke meets the professional qualifications for the County of San Bernardino as an Archaeologist and is a Riverside County quaked (No. 1 S 1) and a Registered Pmfessional Archaeologist (APA No. 15969). He is well -versed in Section 106 of the NHPA, NEPA, and CEQA. He has .conducted more than 3,500 cultural resources assessments for various clients in California, Nevada, and Arizona. Mr.. Duke is responsible for ensuring that the quality of .analysis and reporting meets or exceeds appropriate local, state, and federal standards. Dana Supernomcz, M.A., RPA, Project Historian/Architectural Historian Mr. Supernowicz worked for the California State Historic Preservation Office (SHPO) as a staff reviewer in the Section 106 unit. During his tenure with the SHPO, Supemowicz assisted in the development of NABS/HAER documentation, Programmatic Agreements (PAs), Memorandum of Agreements (MOAs), and other agreement documents, reviewed historical and archaeological reports prepared by over 20 federal agencies, and assisted in planning efforts for the office. Mr. Supernowicz has been professionally involved in the research, documentation, and mitigation of historic districts, sites, buildings and structures since 1976. Mr. Supernowicz is a sole proprietor who will contract with DUKE CRM. Brian Glenn, M.A., RPA, Prmcipallnvesugator/Archaeologist Mr. Glenn has worked on hundreds of cultural resources management projects over his 30 -year career. This includes projects throughout California in compliance with Section 106 of the National Historic Preservation Act (NHPA) and California Environmental Quality Act (CEQA). He is a Registered Professional Archaeologist (RPA No. 56244865). He also meets the Secretary of Interior Standards for an Archaeologist, Principal Investigator. His recent experience includes cultural resources surveys and studies for clients such as the Los Angeles Department oaf Water and Power,, Metropolitan Transit Authority, and La Plaza Foundation. His responsibilities have included the preparation of technical reports (assessment, evaluation, and mitigation), cultural resources management plans and EIS/EIR sections, as well as archaeological monitoring. He has training and significant experience in lithic, faunal, typological and spatial analyses, as well as obsidian source and hydration studies. He has identified, evaluated, and investigated historic era resources from a 1792 Spanish gun emplacement on Ballast Point overlook San Diego Bay to late 19th to mid -20th century household and commercial deposits. Mr. Glenn received B.A. degrees in Geography and Anthropology from UC, Santa Barbara and an M.A. in Archaeology from UCLA. During his graduate work at UCLA, he was acting coordinator of the SCCIC (CHRIS). Morgan Bender, M.A., RPA, Archaeologist Ms. Bender is an archaeologist with DUKE CRM. She has four years of professional experience in Southern California archaeology. She has conducted archaeological/paleontological monitoring, field surveys, archaeological excavation, research, and report writing. She received her B.A. in Anthropology/ Sociology from Agnes Scott College in Decatur, Georgia, and her M.A. in 11/30/2022 (Beverly Manor Proposal (1).docx) DIKE CULTURAL RESOURCES MANAGEMENT Anthropology with an emphasis in California archaeology from CSU, Los Angeles. Her M.A. thesis focused on tracking climatic shifts using crab and sea urchin remains from a Middle Holocene on San Nicolas Island, California (CA -SNI -40). Ms. Bender is also a member of both the Society for California Archaeology and the Society for American Archaeology. Ms. Bender is an RPA (No. 18011). Alexandria Bulato, B.A., Archaeologist Ms. Bulato is an Archaeologist with DUKE C R M and holds a B.A. in Anthropology from California State University, San Bernardino. She has seven years of experience participating in projects throughout southern and central California. Her experience includes archaeological and paleontological field survey, all phases of archaeological excavation, laboratory identification and analysis, curation, research, Native American coordination, and archaeological and paleontological monitoring. She has also prepared or contributed to compliance reports for projects subject to the CEQA, Section 106 of the NHPA,, and NEPA. Ms. Bulato is responsible for conducting research, fieldwork, laboratory analysis, and curation preparation for DUKE CRM. EdgarAlvarez, Archaeologist/GISAnalyst Mr. Alvarez is an archaeologist and cross -trained paleontological monitor with four years of experience in archaeological and paleontological monitoring, surveying, and excavation in southern California. He received his B.A. in Anthropology with a Minor in GIS from CSU, Northridge. Mr. Alvarez is proficient in GIS and specializes in ArcGIS software. He has worked in all phases of cultural resources management. From 2015 to 2016, he served as a collections volunteer at the UCLA Fowler Museum where he created, edited, and updated catalogs for accessions, completed osteological identification forms on skeletal/faunal remains, and cataloged artifacts. Mr. Alvarez is also a member of both the Society for California Archaeology and the Society for American Archaeology. Adrian Garibay, B.A., Paleontologist, Field Crew Mr. Garibay has a variety of experience ranging from fossil preparator, paleontological monitor, and field surveyor. He has served as a Senior Curational Technician' at the John D. Cooper Center and ,a guest researcher at the San Diego Natural History Museum. He. is currently obtaining his master's degree in geology from California State University, Fullerton. He has also conducted paleontological monitoring on large commercial development projects and surveyed for archaeological resources in the High Desert. Relevant Experience Our team has extensive local experience and we have recently worked on numerous projects in the vicinity: Orange Co un ty 1405 Design Build, 2021 -Ongoing DUKE CRM is under contract to provide archaeological monitoring for the I-405 Design Build Project in Orange County, including the Seal Beach Boulevard Interchange. The project is located within archaeological sites. Due to the high sensitivity of the area, DUKE CRM archaeologists work closely with the Native American monitors to identify historic and prehistoric resources. 219 - 221176 Street Apartments, Seal Beach, 2021 DUKE CRM prepared a Cultural Resource and Treatment Monitoring Plan (CRTMP) for a proposed apartment building located on 17f Street in accordance with the California Coastal Commission (CCC) guidelines and mitigation requirements. A clear and detailed statement of treatment protocols for archaeological, paleontological, and Native American resources were provided including Native American Consultation; Native American, archaeological, and paleontological monitoring, pre -grade 11/30/2022 (Beverly Manor Proposal (1).docx) 7 DUKE CULTURAL RESOURCES MANAGEMENT meeting, communication protocols, and the treatment of any discovered artifacts, fossils, human remains, sacred items, etc. 249 Seal Beach Boulevard Apartments, Seal Beach, 2021 DUKE CRM prepared a Cultural Resource and Treatment Monitoring Plan (CRTMP) for a proposed 4 unit apartment building located on Seal Beach Boulevard in accordance with the California Coastal Commission (CCC) guidelines and mitigation requirements. A clear and detailed statement of treatment protocols for archaeological, paleontological, and Native American resources were provided including Native American Consultation; Native American, archaeological, and paleontological monitoring, pre -grade meeting, communication protocols, and the treatment of any discovered artifacts, fossils, human remains, sacred items, etc. Ocean Place Monitoring, Seal Beach, 2018-19 The Ocean Place project is located immediately south of the San Gabriel River. DUKE CRM provided archaeological monitoring, Native American monitoring and is preparing a compliance report. No prehistoric archaeological discoveries were made; however, several historic features were discovered during grading operations, including a historic sea wall and several features related to the Seal Beach Electric Generating Station founded on the site in 1925. None of these features were determined to be significant and no delays to the project were caused by DUKE CRM's discoveries. Atlanta Avenue Widening, Huntington Beach, 2019-20 DUKE CRM prepared a PMP and provided archaeological/ paleontological monitoring services. At the beginning of paleontological monitoring DUKE CRM staff discovered the presence of archaeological material, likely from an adjacent prehistoric archaeological site. Working with City staff DUKE CRM notified and coordinated with Caltrans cultural resource staff, relaying the nature and significance of the remains. DUKE CRM convinced Caltrans that the archaeological remains were not in primary context, in other words they were redeposited in this area. As a result, they did not represent a significant find and monitoring continued without delays. Laguna Canyon Channellmprovements, Laguna Beach, 2018 DUKE C R M provided cultural resource services in compliance with CEQA. DUKE CRM conducted a records search, field survey and provided AB -52 support to the City. Our historian found that this segment of the Laguna Canyon Channel was historic in age; however, it was not significant or eligible for the California Register of Historical Resources. Further DUKE CRM determined that due to heavy ground disturbance in the area, very little archaeological sensitivity existed, and no monitoring was recommended for the project. Rancho Road Widening, City of Westminster, 2014 DUKE CRM was contracted to provide cultural resources support for this local assistance project. DUKE CRM prepared an HPSR, ASR, and APE Map for this project. No cultural resources were identified within the APE. Several of the adjacent parcels contained historic buildings. DUKE CRM worked with Caltrans staff to reduce the size of the APE so that these resources were not within the APE. This was largely due to the limited nature of the project and its potential to impact these built - environment historic resources. Lamb School Residential Subdivision, Huntington Beach, 2013-14 Mr. Duke was the Project Manager/Principal Archaeologist for this project. DUKE CRM conducted the cultural resources mitigation measures required by the City. This included historical documentation of the school building and site, and archaeological and paleontological construction 11/30/2022 (Beverly Manor Proposal (1).docx) 8 DUKE CULTURAL RESOURCES MANAGEMENT monitoring. The DPR site record will be submitted to the South Central Coastal Information Center and the monitoring report will be submitted to the City upon completion of construction. Wardlow School Residential Subdivision, Huntington Beach, 2013-14 Mr. Duke was the Project Manager/Principal Archaeologist for this project. DUKE CRM has conducted the cultural resources mitigation measures required by the City. This included historical documentation of the school building and site, and archaeological and paleontological construction monitoring. The DPR site record was submitted to the South Central Coastal Information Center and the monitoring report will be submitted to the City upon completion of construction. Anaheim Packing District, Anaheim, 2019 DUKE C R M conducted archaeological/paleontological monitoring as part of the fulfillment of the mitigation measures. DUKE CRM reduced our monitoring efforts shortly after the beginning of monitoring, due to a limited potential to discovered fossils. No artifacts or fossils were discovered. A report was prepared and submitted to the City and developer. TTM17994/Lewis Street Condominiums, Anaheim, 2017. DUKE CRM prepared a Paleontological Resources Mitigation Plan (PRMP). This included the completion of a paleontological records search at the Los Angeles County Natural History Museum, a site visit, archival research, and preparing the PRMP report. Marywood Residential, City of Orange, 2017 DUKE CRM provided a cultural/paleontological resource assessment and construction monitoring. As a part of this effort, DUKE CRM conducted a records search at the SCCIC. DUKE CRM conducted paleontological monitoring. During monitoring several fossil localities were discovered. .However, there were no delays to the overall construction schedule. DUKE CRM provided a detailed technical report and worked with the City and the developer to curate the fossils discovered on the project. Hart Park Improvements, City of Orange, 2018 As part of an overall evaluation of Hart Park for historical significance DUKE CRM conducted a records search, a field survey, and prepared an archaeological letter report. No artifacts were discovered. 76 Station Improvements, City of Orange, 2017 DUKE CRM prepared a cultural resources assessment: This included a records search at the SCCIC and historic research on the Chinese community in the city. Due to a high sensitivity the City required that DUKE CRM conduct archaeological trenching and screening to identify any cultural resources that may be impacted by the proposed project. DUKE CRM conducted the trenching and determined that the entire project area was previously disturbed by the original construction of the gas station. Tina Pacific Residential Neighborhood Project, Stanton, 2018-19 DUKE CRM provided cultural/paleontological resources services including a records search, historic evaluation of 40 properties, reconnaissance survey, and advised .the City regarding Native American coordination under A13-52. None of the historic buildings were determined eligible for the California Register of Historical Resources. All work conducted was summarized in a combined cultural/ paleontological report. 11/30/2022 (Beverly Manor Proposal (1).docx) 9 DUKE CULTURAL RESOURCES MANAGEMENT Azusa Greens, City ofAzusa, 2017 DUKE CRM provided cultural and paleontological resources services for the California Grand Villages Azusa Greens project, located in the City of Azusa. The property is located at 1006-1198 North Todd Avenue and includes approximately 4.5 acres. A cultural and. paleontological report documented efforts in compliance with CEQA.. Lincoln Specific Plan, Whittier, 2014 DUI C RM conducted. an archaeological and paleontological assessment for the Lincoln Specific Plan. The project is located at the site of the former Fred C. Nelles Youth Correctional Facility. A records search at the SCCIC and NHMLAC, Native American consultation, and a field survey were conducted. The Nelles Facility was built in 1891 and is listed as California Historical Landmark No. 947. It is also eligible for the National Register of Historic Places. Our study determined that there is a high sensitivity for early historic buried components of the Nelles Facility. In addition, it was determined that future excavation could impact buried paleontological resources at depth. An Archaeological and Paleontological Assessment Report was prepared, and a mitigation monitoring plan was recommended that included historic archaeological monitoring in excavation in the top 7 feet of excavation and paleontological monitoring below 7 feet. Reid/Baldwin Adobe, LA Arboretum, Arcadia, 2019 — ongoing DUKE CRM is currently conducting archaeological monitoring at the Reid /Baldwin Adobe. In summer 2019 we conducted an archaeological excavation to explore for remnant buried architectural features. The Adobe was built in 1841 by Hugo Reid and in 1875 it was sold to Elias J. "Lucky" Baldwin. Upon completion of the project DUKE CRM will prepare a monitoring report to document our discoveries to date. La Mirada Creek Park, La Mirada, 2017 Under contract to Dudek, DUKE CRM provided cultural resource services for this existing park that is being expanded. Our tasks included a records search, field survey, AB -52 consultation support. Olive View Medical Center, San Fernando, 2012 Under contract to the City of Los Angeles and Chattel Architecture, DUKE CRM prepared a Phase I Archaeological Survey Report and Historic Property Survey Report. He also led the consultation efforts with Native Americans on behalf of the County and FEMA. He conducted the field survey and report preparation. The results of the assessment were negative, meaning that no archaeological resources were identified and there were no delays to the project. Dhammakaya International Meditation Center, Azusa, 2013-2014 =E CRM completed a cultural and paleontological resource assessment of the Dhammakaya property. Tasks included research, field survey, architectural survey, historic evaluation of the property. Due to substantial collective losses in integrity of design, materials, and feeling, the MacNeil Mansion-Manresa Retreat Property is not eligible for listing in the California Register of Historical Resources; however, the Property remains eligible for its current designation of "Potential Landmark" under the City's Historic Preservation Ordinance and is therefore considered a historical resource per CEQA. Recommendations were made regarding preservation of significant historic details and elements of the property. The project as designed had a less than significant impact to the MacNeil Mansion-Manresa Retreat Property with proposed mitigation. Mitigation measures include archaeological monitoring in the northwest portion of the property (near an early historic period structure) and paleontological monitoring in the southern half of the property when excavation exceeds approximately five feet in depth and in the northern half of the property when excavation exceeds two foot in depth (due to high paleontologic sensitivity in two separate geologic formations). 11/30/2022 (Beverly Manor Proposal (1).docx) 10 DUKE CULTURAL RESOURCES MANAGEMENT Azusa Greens, City ofAzusa, 2017 DUKE CRM provided cultural and paleontological resources services for the California Grand Villages Azusa Greens project, located in the City of Azusa. The property is located at 1006-1198 North Todd Avenue and includes approximately 4.5 acres. A cultural and paleontological report documented efforts in compliance with CEQA. Duarte 3rd and Oak Residential, Duarte, 2016 DUKE CRM performed a cultural, resource assessment and historical evaluation in compliance with CEQA. This work included a records search, archival/historical research, a historic survey, and a significance evaluation. Two properties within the project date to the historic period but were determined to be not eligible for listing on the California Register of Historical Resources and neither is a historical resource under CEQA. SR-57/SR-60 Confluence at Grand Ave.: Diamond Bar Golf Course Renovation, Diamond Bar, 2019-21 DUKE CRM conducted a cultural resources assessment for renovations proposed to the Golf Course as a result of the SR-57/SR-60 Confluence at Grand Avenue Project. Tasks completed include an updated records search, field survey, and Native American consultation support in association with AB752. Additionally, DUKE CRM completed the. Paleontological Mitigation Program (PMP) for the SR-57/SR-60 Confluence at Grand Avenue Project under this contract. Work for this project included the preparation of a revalidation memorandum to document changes in cultural sensitivity from the previous project APE. This project was completed through the San Gabriel Valley Council of Governments. SR -91, Atlantic Avenue to ChenyAvenue, Long Beach, 2018 -Present DUKE CRM conducted a records search at the SCCIC for records concerning archaeological and historic resources and prior cultural resource studies in the vicinity of the project. Additionally, DUKE CRM contacted the Native American Heritage Commission (NAHC) to perform, a Sacred Lands file search and provide a list of Native American groups to contact regarding this project We also reviewed historic aerial maps, Sanborn maps, and historic topographic maps of the area. On behalf of Caltrans, DUKE CRM conducted the coordination aspect of the AB -52 and Section 106 notification and consultation. DUKE CRM conducted a pedestrian survey of the project to identify any cultural resources within, or adjacent, to the project, characterized the setting, and field -checked any previously recorded archaeological resources identified during the records search. DUKE CRM prepared a Caltrans formatted APE Map. Upon completion of these tasks, DUKE CRM prepared a Caltrans format ASR and PIR/PER. I-605 / Valley Blvd Interchange Improvements, City oflndustty, 2019-20 DUKE CRM conducted a records search at the SCCIC for records concerning known archaeological and historic resources and prior cultural resource studies in Los Angeles County. Further, DUKE CRM contacted the Native American Heritage Commission (NAHC) to perform a Sacred Lands file search and provide a list of Native American groups to contact regarding this project, as well as reviewing historic aerial maps, Sanborn maps, and historic topographic maps of the area. On behalf of Caltrans, DUKE CRM conducted the coordination aspect of the AB -52 and Section 106. DUKE CRM conducted a pedestrian survey of the project to identify any cultural resources within, or adjacent, to the project, characterized the setting, and field -checked any previously recorded archaeological resources identified during the records search. DUKE CRM prepared a Caltrans formatted APE Map generated from digital ArcGIS layers. Upon completion of these tasks, DUKE CRM prepared a Caltrans format ASR. It included impacts statement and recommendations for further work, if necessary. 11/30/2022 (Beverly Manor Proposal (1).docx) 11 1 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required 'by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. State of California L Secretary of State a. C4XJF0% STATEMENT OF INFORMATION (Limited Liability Company) I-, FILE® Filing Fee $20.00. If this is an amendment, see instructions. IMPORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM &ftC*CWftTk HIM 13 2015 1. LIMITED LIABILITY COMPANY NAME Duke Cultural Resources Management, LLC This Space For Filing Use Only File Number and State or Place of Organization 2. SECRETARY OF STATE FILE NUMBER 201108710194 3, STATE_ OR PLACE OF ORGANIZATION (If formed outside of Calitomia) y No Change Statement 4. If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary of State, or no Statement of Information has been previously filed, this form must be completed in its entirety. If there has been no change in any of the information contained in the last Statement of Information filed with the California Secretary of State, check the box and proceed to Item 15. Complete Addresses for the Following (Do not abbreviate the name of the city. Items 5 and7 cannot be P.O. Boxes.) S. STREET ADDRESS OF PRINCIPAL OFFICE CITY STATE ZIP CODE 20371 Lake Forest Drive Suite A-2 Lake Forest, CA 92630 6. MAILING ADDRESS OF LLC, IF DIFFERENT THAN ITEMS CITY STATE ZIP CODE 7, STREET ADDRESS OF CALIFORNIA OFFICE CITY STATE ZIP CODE 20371 Lake Forest Drive Suite A-2 Lake Forest CA 92630 Name and Complete Address of the Chief Executive Officer, If Any 8. NAME ADDRESS CITY STATE ZIP CODE Name and Complete Address of Any Manager or Managers, or if None Have Been Appointed or Elected, Provide the Name and Address of Each Member (Attach additional pages, if necessary.) 9. NAME ADDRESS CITY STATE ZIP CODE Curtis Dominic Duke 20371 Lake Forest Drive Suite A-2 Lake Forest, CA 92688 10. NAME ADDRESS CITY STATE ZIP CODE 11. NAME ADDRESS CITY STATE ZIP CODE Agent for Service of Process If the agent is an individual„the agent must reside in California and Item 13 must be completed with a California address, a P.O. Box is not acceptable. If the agent is a corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 13 must be left blank. 12. NAME OF AGENT FOR SERVICE OF PROCESS Curtis Dominic Duke 13. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 20371 Lake Forest Drive Suite A-2 Lake Forest CA 92630 Type of Business 14. DESCRIBE THE TYPE OF BUSINESS OF THE LIMITED LIABILITY COMPANY Cultural Resources Management/ Archaeological consultant for developers and municipalities 15. THE INFORMATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT. 2/24/2015 Curtis Duke Owner DATE TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM TITLE SIGNATURE LLC -12 (REV 0112014) APPROVED BY SECRETARY OF STATE California Login Secretary of State Business UCC Home Sears Business Search The California Business Search Forms provides access to available information for corporations, limited liability companies and Help limited partnerships of record with the California Secretary of State, with free PDF copies of over 17 million imaged business entity documents, including the most recent imaged Statements of Information filed for Corporations and Limited Liability Companies. Currently, information for Limited Liability Partnerships (e.g. law firms, architecture firms, engineering firms, public accountancy firms, and land survey firms), General Partnerships, and other entity types are not contained in the California Business Search. If you wish to obtain information about LLPs and GPs, submit a Business Entities Order paper form to request copies of filings for these entity types. Note: This search is not intended to serve as a name reservation search. To reserve an entity name, select Forms on the left panel and select Entity Name Reservation ? Corporation, LLC, LP. Basic Search A Basic search can be performed using an entity name or entity number. When conducting a search by an entity number, where applicable, remove "C"from the entity number. Note, a basic search will search only ACTIVE entities (Corporations, Skip to main content State DUKE CULTURAL RESOURCES MANAGEMENT, LLC (201 1 0871 01 94) Request Certificate Initial Filing Date 03/14/2011 Status € Active Standing -SOS Good Standing - FTB Good Standing -Agent Good Standing - VCFCF i Good Formed In `•. CALIFORNIA Entity Type Limited Liability Company - i CA Principal Address 18 TECHNOLOGY DRIVE, SUITE 103 .`• IRVINE, CA 92618 Mailing Address 18 TECHNOLOGY DRIVE, SUITE 103 IRVINE, CA 92618 Statement of Info 03/31/2023 Due Date Agent 1 Individual 5353342 CURTIS DOMINIC DUKE s 22 SOCORRO RANCHO SANTA MARGARITA, CA 92688 OL- Qo9 View History Request Access Home Search Forms am Business UCC Developments, and Out of State Associations). The basic search performs a contains ? keyword? search. The Advanced search allows for a ?starts with? filter. To search entities that have a status other than active or to refine search criteria, use the Advanced search feature. Advanced Search An Advanced search is required when searching for publicly traded disclosure information or a status other than active. An Advanced search allows for searching by specific entity types (e.g., Nonprofit Mutual Benefit Corporation) or by entitygroups (e.g., All Corporations) as well as searching by ?begins with? specific search criteria. Disclaimer: Search results are limited to the 500 entities closest matching the entered search criteria. If your desired search result is not found within the 500 entities provided, please refine the search criteria using the Advanced search function for additional results/entities. The California Business Search is updated as documents are approved. The data provided is not a complete or certified record. Although every attempt has been made to ensure that the information contained in the database is accurate, the Secretary of State's once is not responsible for any loss, consequence, or damage resulting directly or indirectly from reliance on the accuracy, reliability, or timeliness of the information that is provided. Skip to main content State Login DUKE CULTURAL RESOURCES MANAGEMENT, LLC (201 1 0871 01 94) ib Request Certificate Initial Filing Date 03/14/2011 Status Active Standing - SOS Good Standing- FTB Good Standing -Agent Good Standing - VCFCF Good Formed In CALIFORNIA Entity Type Limited Liability Company - i CA Principal Address 18 TECHNOLOGY DRIVE, SUITE 103 IRVINE, CA 92618 Mailing Address 1 18 TECHNOLOGY DRIVE, SUITE 103 IRVINE, CA 92618 Statement of Info 03/31/2023 Due Date i Agent Individual 5353342 ':. CURTIS DOMINIC DUKE 22 SOCORRO RANCHO SANTA MARGARITA, CA 92688 3L_ Q�9 O View History Request Access DUKE CULTURAL RESOURCES MANAGEMENT, LLC (201108710194) © 2022 CA Secretary of State 03/14/2011 DUKE CULTURAL RESOURCES 'MANAGEMENT, LLC (201 1 0871 01 94) Lei Request Certificate Initial Filing Date Business UCC Status Request erticate in the right - Home hand detail drawer, and (3) Standing - FTB I complete your request online. Search Good Duke Cultural Good Formed In CALIFORNIA Entity Type i Advanced v i Forms - - Principal Address Results: 1 Help Entity Initial Filing IRVINE, CA 92618 Information: Date DUKE CULTURAL RESOURCES MANAGEMENT, LLC (201108710194) © 2022 CA Secretary of State 03/14/2011 DUKE CULTURAL RESOURCES 'MANAGEMENT, LLC (201 1 0871 01 94) Lei Request Certificate Initial Filing Date 03/14/2011 Status Active Standing - SOS I Good Standing - FTB I Good Standing - Agent Good Standing - VCFCF Good Formed In CALIFORNIA Entity Type i Limited Liability Company - CA Principal Address 18 TECHNOLOGY DRIVE, SUITE 103 IRVINE, CA 92618 Mailing Address 1 18 TECHNOLOGY DRIVE, SUITE 103 IRVINE, CA 92618 Statement of Info 1 03/31/2023 _ Due Date Agent Individual 5353342 CURTIS DOMINIC DUKE 22 SOCORRO RANCHO SANTA MARGARITA, CA 92688 OL- QO@ View History Request Access ACOROr CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 12/02/2022 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Comprehensive Insurance Services 26429 Rancho Parkway South Suite 120 Lake Forest CA 92630 CONTACT Certificate Issuance Team de ACNE Ext : (949) 709-8800 IX No E-MAIL ADDRESS: Jeremy@thecomprehensiveinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # wsURERA: Landmark American Insurance Company 33138 INSURED INSURER B: Hartford Accident & Indemnity Company 22357 Duke Cultural Resources Management, LLC INSURER C: Lloyds of London 85202 18 Technology Dr. INSURER D : Employers Preferred Insurance Company 10346 Ste. 103 INSURER E : Irvine CA 92618 INSURER F: IAV YCRiiI•lG� L_Fw I IFII=YI F MI IMKi W- I LLLW IVUOUJL E3=xR0i^k1 LIIIIIII�CO. THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE'BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUUL15Ut1R INSD WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCURPREMISES EACH OCCURRENCE $ 2,000,000 Ea occurrence) ce — $ 50,000 MED EXP (Any one person) $ 5,000 X $5,000 Deductible PERSONAL&ADV INJURY $ 2,000,000 A Y Y LHC847181 09/19/2022 09/19/2023 GEN'LAGGREGATE LIMITAPPLIES PER: X POLICY JET LOC GENERALAGGREGATE $ 3,000,000 PRODUCTS -COMP/OPAGG S Included Gen Agg S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Perperson) $ B OWNED SCHEDULED AUTOS ONLY AUTOS Y Y 72UECCB0712 09/19/2022 09/19/2023 BODILY INJURY(Peraccident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 C X1 EXCESSLIAB CLAIMS -MADE SCT1266222 08/08/2022 09/19/2023 AGGREGATE $ 1,000,000 DED I I RETENTION $ INIA $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y EIG2872183-04 09/19/2022 09/19/2023 X STA UTE ETH E.LEACH ACCIDENT $ 1,000,000 E.LDISEASE- EAEMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 A Professional Liability -Retroactive Date 4/12/11 ($1m/2m), 8/8/22 ($2m/3M) LHC847181 09/19/2022 09/19/2023 $2,000,000 Each Claim $3,000,000 Aggregate Included In Total General Aggregate above DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) C-0461 Beverly Manor, Seal Beach - City of Seal Beach, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials are included as Additional Insured for General Liability pursuant to the attached endorsement RSG 95001 0903. This insurance is primary per same endorsement RSG 95001 0903. Waiver of Subrogation applies for General Liability pursuant to the attached endorsement RSG54078 0310. Additional Insured status forAuto applies pursuant to the attached endorsement HA 9916 0312. Waiver of Subrogation forAuto applies pursuant to the attached endorsement HA 9916 03 12. Waiver of Subrogation applies for Workers Compensation pursuant to the attached endorsement WC 04 03 06. 30 day notice of cancellation with 10 day notice of cancellation for non-payment of premium per policy provision. 173.1111 vil 179 t ME G L•J 01 9 ai+ City of Seal Beach 211 8th St. Seal Beach CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED (BLANKET - PRIMARY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured: any person, organization, trustee, estate or Governmental entity to whom or to which you are obligated, by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy, but only with respect to operations performed by you or on your behalf or to facilities used by you and then only for the limits of liability specified in such contract, but in no event for limits of liability in excess of the applicable limits of liability of this policy; provided that such person, organization, trustee, estate or Governmental entity shall be an Insured only with respect to occurrences taking place after such written contract has been executed or such permit has been issued. If you are required by a written contract to provide primary insurance this policy shall be primary as respects your negligence and Section IV, Condition 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. All other terms and conditions of this policy remain unchanged. This endorsement effective 9/19/2022 forms part of Policy Number LHC847181 issued to DUKE CULTURAL RESO.U.RCES MANAGEMENT, LLC by Landmark American Insurance Company Endorsement No.: RSG 95001 0903 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, "your product" or "your work" done under a written contract with that person or organization and included in the "product -completed operations hazard". This waiver applies only to the person or organization shown in the SCHEDULE above. This endorsement effective 9/19/2022 Forms part of Policy Number LHC847181 Issued to DUKE CULTURAL RESOURCES MANAGEMENT LLC by Landmark American Insurance Company Endorsement No.: 21 RSG 54078 0310 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 2009 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall,be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 09/19/2022 Policy No. EIG 2872183 04 Issued to DUKE CULTURAL RESOURCES Premium Countersigned at at 12:01 AM standard time, forms a part of Of the EMPLOYERS PREFERRED INS. CO. Carrier Code 00920 Endorsement No. on By: Y Authorized Representative WC 04 03 06 (Ed. 4-84) © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 72UECCCB0712 COMMERCIAL AUTOMOBILE HA 99 16 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Farm, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section I - Liability Coverage is amended to subsidiary rn which you have an add: ownership interest of more than 50% on a The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if include any subsidiary that is an "insured" under any other automobile (1) The agreement requires you to policy or would be an "insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto" you hire. the Named Insured does not include any D. _Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section I - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury' or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a or b of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered "auto." Paragraph A.1. - WHO IS AN INSURED - of SECTION 1 - LIABILITY COVERAGE is amended to add: © 2011, The Hartford (Includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E ,Primary,, and;_ .-,Non-, Contributory if additional insured applies only if the Required by Contract) "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured n 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed h a written contract insurance by the method described n or written agreement that another Other Insurance 5.d. person or organization be added as an (4) Primary And Non -Contributory To Other additional insured on your policy, the Insurance When Required By Contract most we will pay on behalf of such additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this insurance is primary and we will not (b) The Limits of Insurance shown n seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other n addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed n a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss i, the contributory with the additional insured's absence of this insurance; and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described ii Other Insurance 5.d. or written agreement that another person or organization be added as an 2 AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2 - DUTIES N THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS - OF SECTION N - BUSINESS AUTO CONDITIONS, n the same manner as the Named Insured. © 2011, The Hartford (Includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 6 If an "employee's" personal insurance also a applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION 1 - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if -Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss'; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. Form HA 9916 03 12 PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, n the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. & ELECTRONIC EQUIPMENT - BROADENED COVERAGE a The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is. (1) Permanently installed in or upon the covered "auto'; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto'; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or © 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 3 of 6 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b.Section III - Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown n the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial .Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident",, the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12 AMENDED DUTIES N THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement n LOSS CONDITIONS 2.a. - DUTIES N THE EVENT OF ACCIDENT.CLAIM, SUIT OR LOSS - of SECTION N - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14L HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION N - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere n the world provided that if the "insured's" responsibility to pay damages for "bodily injury' or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATIOW TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc., with its permission.) Page 4of 6 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury' in SECTION V - DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2 of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, la. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: h addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc., with its permission.) Page 6 of 6