AMENDMENT NO. 2 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
KITCHELL/CEM, INC.
FOR
ON-CALL ARCHITECTURAL ENGINEERING &
PROFESSIONAL CONSULTING 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 KITCHELL/CEM, INC., a California Corporation, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated July, 20, 2021, entitled "Professional Services Contract Between the City of Huntington Beach and Kitchell/CEM, Inc., for On-Call Architectural Engineering and Professional Consulting Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and
City and Consultant wish to amend the Original Agreement to extend the term beyond the original four years allowed under HBMC Chapter 3.03, NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. TERM
The term of the Agreement is extended for two additional years until July 19, 2027.
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 , 2025. 25-16813/385464 1
KITCHELL/CEM, INC. CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
Bel California
By:
Jona
print name
ITS: (circle one) Chairman/President/Vice President Mayor City Clerk
By:_
Maria Davila INITIATED AND APPROVED:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
Director of Public Works
APPROVED AS TO FORM:
fo City Attorney
REVIEWED AND APPROVED:
City Manager
25-16813/385464 2
KITCHELL/CEM, INC. 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:_
INITIATED AND APPROVED:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer elm
Director of Public Works
APPROVED AS TO FORM:
Pa bar
fer City Attorney
REVIEWED AND APPROVED:
City Manager
25-16813/385464 2
Protessinal,
AMENDMENT NO. 1 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
KITCHELL/CEM, INC.
FOR
ON-CALL ARCHITECTURAL ENGINEERING &
PROFESSIONAL CONSULTING 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 KITCHELL/CEM, INC., a California Corporation, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated July 20, 2021, entitled "Professional Services Contract Between the City of Huntington Beach and Kitchell/CEM, Inc., for On-Call Architectural Engineering & Professional Consulting Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and
City and Consultant wish to amend the Original Agreement to extend the term of the Agreement,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
TERM
The term of the Agreement is extended for one additional year until July 19, 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 tune 25Th 2024. 24-14385/335622 1
KITCHELL/CEM, INC. CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
Californi
By:_
Bikram it name Johal
ITS: (circle one) Chairman/President/Vice President Mayor AND
Gily deleten Istanslau
ир5рн
Heather INITIATED AND APPROVED:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary Treasurer
Director of Public Works
APPROVED AS TOFORM:
Makes (CH
City Attorney
24-14385/335622 2
VC•K.
ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDAYY 5/21/2024
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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
NAME:
ACIG Insurance Agency, Inc. PHONE 972-702-9004 TEA, NOX: 972-687-0601 2600 N. Central Expwy. Suite 800 (AIC, No. Ext):
Richardson, TX 75080 EMISS: [email protected]
INSURERS) AFFORDING COVERAGE NAIC #
www.acig.com INSURERA:
INSURED
Kitchell CEM, Inc. INSURER:
2450 Venture Oaks Way, Suite 500 INSURER C:
Sacramento CA 95833 INSURER D:
INSURER E:
INSURERF: Berkley Assurance Company 39462
COVERAGES CERTIFICATE NUMBER: 80105410 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE 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. [ADDL SUBR
TYPE OF INSURANCE POLICY NUMBER LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
CLAIMS MADE DAMAGE TO RENTED
OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY PRO. LOC PRODUCTS - COMP/OP AGG
JECT
OTHER:
AUTOMOBILE LIABILITY $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Por accident) S
AUTOS ONLY AUTOS
NON-OWNED ROPERTY DAMAG
AUTOS ONLY AUTOS ONLY er accider
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTIONS
WORKERS COMPENSATION STATUTE TOR
AND EMPLOYERS' LIABILITY
Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBEREXCLUDED? NIA
EL. DISEASE - EA EMPLOVEE S
F PCAB-5025043-0624 6/1/2024 6/1/2025 P. A PIAggregale 5,000,000
APPROVED AS TO FORM
DESCRIPTION OF OPERATIONS/LOCATIONS/ VEHICLES (ACORD 101, Additlonal Remarks Schedule, may be attached if more space is roqured) MICHAEL E. GATES
CITY ATTORNEY
CERTIFICATE HOLDER CANCELLATION
Professional Service Contract
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE city of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I ublic Works Departmen ACCORDANCE WITH THE POLICY PROVISIONS.
Attn Joseph Fuentes
PO Box 190 AUTHORIZED REPRESENTATIVE
2000 Main Street
Huntington Beach CA 92648
Brian Callaghan
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD this certificate caces and gussedes A previously is led certificates. Page 1 or 3 Berkley Assurance Company Page 1 of 1
Amendment of Condition C. Subrogation Endorsement
in consideration of the premium paid, it is understood and agreed that Section XI.C. is deleted in its entirety and replaced with the following:
C. Subrogation
entity (except for a Responsible Entity) to the extent such a waiver is required by a written contract with you executed prior to the Claim.
or Coverage A only, we will not subrogate against a Responsible Entity, provided it has maintained Recoverabl nsurance, regardless of whether or not such Recoverable Insurance is exhausted or reducec Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Pollcy Form. All other provisions of the Policy remain unchanged.
Insured. Kitchell CEM, inc. Policy Number PCAB-5025043-0624 Effective Date of This Endorsement Authorized Representative 06/01/2024
Policy Form: PERFORM-10002 (11-20) 35956-5014618-91051 10 - PERFORM-10009 (02-20) 3o5 certificate dances and superse des All previously issued certit cates! Page 3 of 3
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDAY
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.
AME
ACIG Insurance Agency, Inc. PHONE 972-702-9004 ]FAC. NO): 972-687-0601 2600 N. Central Expwv. Suite 800 (AIG. No. Ext):
EMAIL
Richardson, TX 75080 ADDRESS: [email protected]
INSURERS) AFFORDING COVERAGE NAIC #
www.acig.com INSURER A:
INSURED
INSURER B:
Kitchel! CEM, Inc.
2450 Venture Oaks Way, Suite 500 INSURER C:
Sacramento CA 95833 INSURER D:
INSURER E:
INSURER F: Berkley Assurance Company
CERTIFICATE NUMBER: 79791859 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE 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 ALI. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TIRE
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
es es
GENL. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
POLICY LOC PRODUCTS - COMPIOP AGG $
OTHER: $
AUTOMOBILE LIABILITY $
ANY AUTO BODILY INJURY (Por parson) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
HIRED NON-OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTIONS
WORKERS COMPENSATION TATUTE T OTH:
AND EMPLOYERS' LIABILITY ER
YIN
ANYPROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $
OFFICER/MEMBEREXCLUDED? N/ A
(Mandatory In NH) LE.L. DISEASE • EA EMPLOYEE S
yes, describe unde
PCAB-5022319-0623 6/1/2023 6/1/2024 Per Game :,000 LAgregate $5,000,000 DESCRIPTION OF OPERATIONS/ LOGATIONS / VEHICLES (AGORD 101, Addlonal Romark Schedule, may ba attailed if moro apace is required) As required par wile contact.
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
CERTIFICATE HOLDER CANCELLATION
Professional Service Contract
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE : DELIVERED IN Department ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
000 Main Stree
luntington Beach CA 9264
Brian Callaghan
@ 1938-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD This extificate dances and 4p02 85 2, prevl 1s sied der ficate age 1 or 3
Berkley Assurance Company
Amendment of Specified Condition Endorsement
In consideration of the premium paid, it is understood and agreed that the Condition described in the Location of Specified Conditior field, below, of Section XI. is deleted in its entirely and replaced with the Condition contained within the Amended Condition field, below Location of Specified Condition:
M.
Amended Condition:
In the case of any Claim under Insuring Agreements B. Professional Liability, C. Contractors Pollution Liability, or Blological Pollution Liability covered by this Policy and the Insured's Commercial General, Umbrella and Excess Liability program provided by the American Contractors Insurance Group, the specific elements of such Claim shall be addressed on a primary basis by the respective insurance policy which applies to such elements.
In the case of other valid and collectible Project-Specific liability insurance for Claims or First Party Claims to which this Policy also applies, this Policy is excess over all such other insurance excepl as respects any specific coverages this Policy would provide which are not covered by any of such other insurance due to omission or exclusion.
Under Coverage C only, when you are required by written contract, written agreement, or permit, executed prior to when the Pollution Claim was first made, to include any person or entity as an additional Insured, such coverage will be provided on a primary and non- contributory basis to the extent so required.
Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged.
Insured Policy Number PCAB-50222319-0623
Kitchell GEM, Inc.
Effective Date of This Endorsement Authorized Representative 06/01/2023
Policy Form: PERFORM-10002 (11-20). 29400-5014618-91051 20 - PERFORM-11002 (04-16) i cort cate dance a super i pavlova 2s sued cert cate age 2 of 3
Berkley Assurance Company
Amendment of Conditlon C. Subrogation Endorsement
In consideration of the premlum pald, it is understood and agreed that Section XI.C. Is deleted in Its entirety and replaced with the following:
C. Subrogation
ecovery shall be pald to you. However, we walve our rights of subrogation under this Policy against any person ol entity (except for a Responsible Entity) to the extent such a walver is required by a written contract with you For Coverage A only, we will not subrogale against a Responsible Entity, provided It has maintalned Recoverable Insurance, regardless of whether or not such Recoverable Insurance is exhausted or reduced.
Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remaln unchanged.
Insured. Klichell CEM, Inc. /Pollcy Number PCAB-5022319-0623 Effective Date of This Endorsement Authorized Representative 06/01/2023
• Policy Form: PERFORM-10002 (11-20) 35956-5014618-91051 10. PERFORM-10009 (02-20) 2915 sert cate dance and super des A plal 12 138led eat fate age 3 or 3