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HomeMy WebLinkAboutContract 41239CITY SECRETARY CONTRACT NO. PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in portions of Tarrant, Denton, Parker and Wise Counties, Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Henderson, Young & Company, Inc. ("Consultant"), acting by and through Randall L. Young, its duly authorized President. 1. SCOPE OF SERVICES. 1.1 Consultant hereby agrees to provide the City with professional consulting services for the purpose of assisting the City with the evaluation and creation of a Transportation Utility, including the development of a Transportation User Fee. Attached hereto and incorporated for all purposes incident to this Agreement is Attachment A, "Scope of Services," more specifically describing the services to be provided hereunder. 1.2 Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any additional work resulting from oral orders of any person. 2. TERM. This Agreement shall commence upon December 13, 2010 ("Effective Date") and shall expire on December 13, 2012, unless extended or terminated in accordance with the provisions of this Agreement. 3. COMPENSATION. The City shall pay Consultant an amount up to $20,000.00 in accordance with the provisions of this Agreement and the Compensation Schedule attached as Attachment B, which is incorporated for all purposes herein. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by the City of Consultant's invoice for payment ofsatn- e:-- Professional Services 1 Consultant Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4. TERMINATION. 4.1. Written Notice. The City or Consultant may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination All reports, whether partial or complete prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement 5. CONSULTANT'S PERFORMANCE OF SERVICES. The Consultant shall use its best efforts to perform the services required of it hereunder as may be further detailed on Attachment C and shall supervise and secure, at its sole expense, all employees, agents, contractors and other personnel required to perform said services. 6. DUTIES OF CITY. All information, data and reports which the Consultant deems reasonably necessary for the performance of the services it is required to provide hereunder shall be furnished upon request to the Consultant without charge by the City The City shall also cooperate with the Consultant in every way possible as requested by the Consultant to aid it in the performance of the services to be rendered hereunder. Professional Services 2 Consultant Agreement 7. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant shall store and maintain City information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 8. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the consultant involving transactions relating to this Contract at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 9. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and Professional Services 3 Consultant Agreement subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 10. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 11. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 12. INSURANCE. Consultant shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 12.1 Coverage and Limits Professional Services 4 Consultant Agreement (a) Commercial General Liability $1,000,000, Each Occurrence $1,000,000, Aggregate (b) Automobile Liability $1,000,000, Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of the providing services under this Agreement "Any vehicle' shall be any vehicle owned, hired and non - owned (c) Worker's Compensation -Statutory limits Employer's liability $100,000, Each accident/occurrence $100,000, Disease - per each employee $500,000, Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee (d) Professional Liability (Errors & Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit If coverage is written on a claims -made basis the retroactive date shall be coincident with or prior to the date of the contractual agreement The insurance shall be maintained for the duration of the contractual agreement and for five (5) years following the completion of the service provided under the contractual agreement The certificate of insurance shall state that the coverage is claims -made, and include the retroactive date. An annual certificate of insurance shall be submitted to the City to evidence coverage. 12.2 General Requirements. Professional Services 5 Consultant Agreement (a) The commercial general liability and automobile liability policies shall name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. (c) A minimum of thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement (f) Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. 13. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation 14. NON-DISCRIMINATION COVENANT. Consultant, for itself, its personal representatives assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. Professional Services 6 Consultant Agreement 15. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To The CITY: City of Fort Worth Planning & Development Department Attn Katherine Beck 1000 Throckmorton Street Fort Worth TX 76102-6311 16. SOLICITATION OF EMPLOYEES. To CONSULTANT: Henderson, Young & Company, Inc. 8060 — 165th Ave. NE, Suite 220 Redmond, WA 98052-3935 Neither the City nor Consultant shall, during the term of this agreement and additionally for a period of one year after its termination, solicit for employment or employ whether as employee or independent contractor, any person who is or has been employed by the other during the term of this agreement, without the prior written consent of the person's employer. 17. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 18. NO WAIVER. The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 19. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. Professional Services 7 Consultant Agreement 20. SEVERABILITY. If any provision of this Agreement is held by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired. 21. FORCE MAJEURE. The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 22. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 23. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 24. AMENDMENTS / MODIFICATIONS / EXTENSTIONS. No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 25. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the Professional Services 8 Consultant Agreement extent in conflict with any provision of this Agreement. 26. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [SIGNATURE PAGE FOLLOWS] Professional Services 9 Consultant Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this 5'dayof T3s,1 , 201_0_. CITY OF FORT WORTH: HENDERSON, YOUNG & COMPANY, INC.: By: #cycs„ �:v=111N By: Assistant Cityr �•`�' 'ipkName: Randall L. Mana eg ,�,, �oa�o� Young pi pr o PI pa 0 Date: /•0/D 0 Ou 0 wog Oft, 1,0 ATTEST: %pop Title: President Fi ZDate:e: O 0 45:7 .A oo foots.cy,o 444ATTEST: By: nr\ 60AA. Marty Hendr`k, City Secretary APPROVED AS TO FORM AND LEGALITY: By: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: • j kiin WEQUilitco — Date Approved: • /2/,‘ //0 By$CJ�oti ycritet ,677 3 a ri • �•,r i,. i. • . Professional Services 10 Consultant Agreement EXHIBIT A Scope of Services Project Understanding The purpose of this scope is to assist the City with the creation of a Transportation Utility, including the development of a Transportation User Fee. Services will include advising and assisting City staff regarding policy, administrative, and implementation issues. This scope of services will provide the City with hourly support related to program development. The consultant is only responsible for those professional services that can be completed within the maximum contract amount specified in Attachment B, Compensation. If the City requests services that exceed the maximum contract amount, an equitable adjustment will be made through an amendment to this agreement with appropriate City approval. Scope of Services The Consultant will provide the following services: Task 1 — Policy Development The Consultant will provide recommendations to the City regarding Transportation Utility and Transportation User Fee policy development and ordinance drafting. Task 2 — Administrative Framework The Consultant will provide recommendations to the City regarding administrative procedures to properly and efficiently implement the Transportation User Fee. Task 3 — Site Visits The Consultant will attend local meetings with the project team, stakeholder groups, and/or City officials, as necessary. Professional Services Consultant Agreement 11 Attachment B Compensation Professional Services For all professional services included in Attachment A, the City agrees to pay the Consultant on a reimbursable basis an amount up to $20,000.00. Basis for Compensation The Consultant will provide the services described in Attachment A on a labor fee plus expense (reimbursable) basis Labor fees will be billed in accordance with the following rate schedule Henderson, Young & Company Category Principal Associate Mileage Miscellaneous RATE SCHEDULE 2010 Rate $215.00 $165.00 $0.50 At Cost per hour per hour per mile Compensation Schedule* During the term of this Agreement, the Consultant will provide the City at the end of each month during which the Consultant performs services hereunder with an invoice setting forth the amount of the installment due for such month, the City shall pay the Consultant the amount set forth in such invoice no later than thirty (30) days after the date of such invoice. Direct reimbursable expenses such as delivery services, fees, travel, and other direct expenses will be billed at cost. Administrative time related to the project may be billed hourly. Fees will be invoiced not more than monthly based on the actual amount of service performed and expenses incurred. Professional Services Consultant Agreement 12 Attachment C Schedule The consultant will endeavor to meet the City's needs on this project. It is anticipated that following receipt of the notice to proceed, the consultant will complete tasks requested by the City based upon a mutually acceptable schedule. Professional Services 13 Consultant Agreement ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/19/2010 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Conover-Ederer Insurance 11250 Kirkland Way P 0. Box 3299 Kirkland WA 98033 INSURED Henderson, Young & Company, Inc. 8060 165th Ave NE, Ste #220 Redmond WA 980524465 CONTACT NAME: PHONE (425) 822-3500 x2514 (A/C. No. Ext): E-MAIL ADDRESS: PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE INSURER A Maryland Casualty FAX (425) 822-3510 INC. No): INSURER B:Darw1n Select Insurance Company INSURER C: NAIC # INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER:10-11 GL & Prof 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. INSR TYPE OF INSURANCE IANSR DDL SWVD POLICY NUMBER (UBR MM/DDY/YYYY) EFF (MM/ POLICY //YEYYY) LIMITS GENERAL LIABILITY PAS25398273 05/01/2010 05/01/2011 EACH OCCURRENCE $ 1, 000 , 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 A CLAIMS -MADE X OCCUR X MED EXP (Any one person) $ 10 , 000 X Stop Gap PERSONAL & ADV INJURY $ 1, 000 1000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY PAS25398273 05/01/2010 05/01/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000 , 000 ANY AUTO BODILY INJURY (Per person) $ A ALL OWNED AUTOS X BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON -OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC TORY STATU- LIMITS OTH- ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, DESCRIPTION describe under OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B SEE ATTACHED 03044633 03/08/201003/08/2011$1,000,000 — Each Claim $1,000,000 - Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) in to the services City of Fort Worth, Texas, including its employees, officials, agents and volunteers respect liability contracted from Henderson, Young & Company is additional insured as respects general only per attached Endorsement CG 2010 04 CERTIFICATE HOLDER CANCELLATION Katherine. Beck@fortworthgo City of Forth Worth Planning and Development Katherine Beck 1000 Throckmorton Forth Worth, TX 76102 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 ACORD 25 (2009/09) INS025 (200909) 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS Cancellation 30 Days Written Notice Cancellation 15 Days Written Notice Cancellation 45 Days Written Notice OFREMARK COPYRIGHT 2000, AMS SERVICES INC. COMMENTS/REMARKS Cancellation 30 Days Written Notice Cancellation 15 Days Written Notice Cancellation 45 Days Written Notice OFREMARK COPYRIGHT 2000, AMS SERVICES INC. COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Fort Worth Any Person or Organization Subject to Section II (Who is an Insured) That the Named Insured is Required by Valid Contract to name as Additional Insured per Schedule on file with the Company (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions 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 site 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. CG20101001 ISO Properties, Inc., 2000 Page 1 of 1