AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
DUDEK
FOR
ON CALL CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and DUDEK, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 2, 2021, entitled "Professional Services Contract Between the City of Huntington Beach and Arcadis, U.S., Inc. for On Call Construction Management and Engineering Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and
City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant and to extend the term.
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. ADDITIONAL COMPENSATION
In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Three Hundred Thousand Dollars ($300,000.00). The additional sum shall be added to the original sum of Two Million Dollars ($2,000,000.00), for a new contract amount not to exceed Two Million Three Hundred Thousand Dollars ($2,300,000.00).
24-15578/361542 1
TERM
The term of the Agreement is extended for one additional year until November 1, 2025.
REAFFIRMATION
Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 2024.
DUDEK CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
print name
ITS: (circle one) Chairman/President/Vice President Mayor AND
City Clerk
By:
print name CUl
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
Director of Public Works
APPROVED AS TO FORM:
ity Attorne
24-15578/361542 2
Docusign Envelope ID: 59A8DAFE-9413-45E5-8D93-F1333F055D98 TERM
The term of the Agreement is extended for one additional year until November 1, 2025.
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on - 2024.
DUDEK CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
-Signed by: California
By: Josefe Monaco
Joseph Monaco, President and CEO
print name
ITS: (circle one) Chairman/President/Vice President Mayor AND
- Signed by:
City Clerk
By: l Helder Grimaraes
- 137F17F241F8439.
Helder Guimaraes, Chief Financial Officer INITIATED AND APPROVED:
print name
ITS: (circle one) Secretary/Chief Financial CUl
Officer/Asst. Secretary - Treasurer
Director of Public Works
APPROVED AS TO FORM:
City Attorney
24-15578/361542 2
ICk.
ACORD® DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
8/28/2025 12/20/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), 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 Ileu of such endorsements).
CONTACT
PRODUCER Lockton Companies, LLC NAME:
444 W. 47th Street, Suite 900 PHONE
AIC. No. Ext):
Kansas City MO 64112-1906 E-MAIL
ADDRESS:
(816) 960-9000
[email protected] INSURERS) AFFORDING COVERAGE NAIC #
INSURER A: Zurich American Insurance Company 16535
INSURED INSURER B: American Guarantee and Liab. Ins. Co. 26247 DUDEK
1474534 605 THIRD STREET 20443
INSURER C: Continental Casualty Company
ENCINITAS CA 92024 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 16753601 XXXXXXX
HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI NDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI
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 ADDL SUBR POLICY EX
LTE TYPE OF INSURANCE INSD WVD POLICY NUMBER LIMITS
A COMMERCIAL GENERAL LIABILITY Y GLO0146311 8/28/2024 8/28/2025 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ 100,000
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS CON A 3200000
OTHER:
AUTOMOBILE LIABILITY BAP0146329 8/28/2024 8/28/2025 COMBINED SINGLE LINIT $ 1,000,000 A (Ea accidont
X ANY AUTO BODILY INJURY (Por person) $ XXXXXXX
OWNED SCHEDULED BODILY INJURY (Per accent) $ XXXXXXX
AUTOS ONLY AUTOS
HIRED NON-OWNED $ XXXXXXX
AUTOS ONLY AUTOS ONLY
s XXXXXXX
X UMBRELLA LIAB X OCCUR N AUC0146407 8/28/2024 8128/2025 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000
DED I-RETENTIONS $ XXXXXXX
WORKERS COMPENSATION X BETUTE T TOR+
AND EMPLOYERS' LIABILITY WC0146330 8/28/2024 8/28/2025
YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NI NIA
Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 EL. DISEASE - POLICY LIMIT $1,000,000
PROFESSIONAL N N BEHS91932835 INCL POLL. 8/28/2024 8/28/2025 PER CLAIM S1,000,000 LIABILITY AGGREGATE S1,000,000
MICHAEL E. GATES
CITY ATTORNEY
CERTIFICATE HOLDER CANCELLATIONTY SEE WHTINAION BEACH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 16753601 ACCORDANGE WITH THE POLICY PROVISIONS.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH CA 92648
aph, M Apelle
© 198822015 ACORD CORPORATION. All rights reserved
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D574649 Certificate ID: 16753601
Additional Insured - Owners, Lessees Or
Contractors - Scheduled Person Or Organization ZURICH
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy No. GL00146311 Effective Date: 8/28/2024
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
SCHEDULE
Name Of Additional Insured Person(s) Locations) Of Covered Operations Or Organization(s):
ANY PERSON OR ORGANIZATION ARE REQUIRED ALL
TO PROVIDE ADDITIONAL INSURED STATUS IN LOCATIONS
A WRITTEN CONTRACT, AGREEMENT OR PERMIT.
U-GL-2169-A CW (02/19
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D574649 Certificate ID: 16753601
A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in such Schedule.
/ B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured (s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
All other terms, conditions, provisions and exclusions of this policy remain the same.
U-GL-2169-A CW
(02/19)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D574648 Certificate ID: 16753601
Waiver Of Subrogation (Blanket) Endorsement
Policy No. Ef. Date of Pol. Exp. Date of Pol. Eff. Date of End. Add'l Prem. Return Prem.
GL00146311 8/28/2024 8/28/2025 37385000
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to an other operations in which the insured has no contractual interest.
U-GL-925-B CW (12/01)
Attachment Code: D574651 Certificate ID: 16753601
Coverage Extension Endorsement
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l. Prem Return Prem.
BAP0146329 8/28/2024 8/28/2025 8/28/2024 37385000 INCL
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract.
Attachment Code: D574651 Certificate ID: 16753601
POLICY NUMBER: BAP0146329 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: DUDEK
Endorsement Effective Date: 8/28/2024
SCHEDULE
Name Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION TO WHO OR WHICH YOU ARE REQUIRED TO
PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the schedule is an Attachment Code: D574651 Certificate ID: 16753601
"insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II- Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I- Covered Autos
Coverages of the Auto Dealers Coverage Form.
Attachment Code: D574650 Certificate ID: 1675360]
NORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WC0146330 Dudek 8/28/20248/28/2025 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce ur right against the person or organization named in the Schedule. (This agreement applies only to the extent that yo erform work under a written contract that requires you to obtain this agreement from us.' This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF
RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED.
WC 00 03 13
(Ed. 4-84)
1983 National Council on Compensation Insurance.
Attachment Code: D589214 Certificate ID: 16753601
Z
Other Insurance Amendment - Primary And ZURICH
Non-Contributory
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l. Prem Return Prem.
GLO0146311 8/28/2024 8/28/2025 8/28/2024 37385000 INCL
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: DUDEK
Address (including ZIP Code): 605 THIRD STREET ENCINITAS CA92024 This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
1. The following paragraph is added to the Other Insurance Condition of Section IV - Commercial General Liability Conditions:
This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that:
a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis.
All other terms and conditions of this policy remain unchanged.
U-GL-1327-B CW (04/13)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.