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HomeMy WebLinkAbout2016-3744 - Ordinance - 02/11/2016 4r#,Ir4 CONTRACT & AGREEMENT ROUTING FORM CITY OF COLLEGE STATION Home of Texas A&M University' 16300177 CONTRACT#: PROJECT#: BID#: RFP: Contract Description: Brazos Valley Trash Valet & Recycling Franchise Project Name: BVTV&Recycling Name of Contractor: Brazos Valley Trash Valet & Recycling CONTRACT TOTAL VALUE: $ N/A Grant Funded❑ Yes ❑U No If yes,what is the grant number: Debarment Check Yes u No n N/A Davis Bacon Wages Used❑ Yes fJ NoEj N/A Section 3 Plan Incl. Yes n No n N/A Buy America Required r Yes Nojj N/A Transparency Report li Yes No E N/A n NEW CONTRACT ❑RENEWAL# LICHANGE ORDER# OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost,summary tabulation) (If required)* 1 4,4 l l 1 1p CRC Approval Date*: Council Approval Date*: I 1 � Agenda It m No*: --Section to be completed by Risk and Purchasing Only— Insurance Certificates: Performance Bond: N A Y Payment Bond: N p SI TURES RECOMMENDING PPROVAL / .�% /,0? /S DEP A' MENT DI CTO MINISTERING CONTRACT DATE LE{ L DEPART ENT DATE L J f /4/10c 1.4".7"4"7:41r - DATE OVf E &EXE TED Air Aim CITY MANAGER DATE —25 MAYOR f.ap Lica ) DATE CITY SECRETARY(if a licablen) DATE 3Origina/(s)sent to CSO on I I. I Scanned into laserfiche on `•a(p•ISD a Onginal(s)sent to Fiscal on 1' AU ORDINANCE NO. 2016-3744 RECYCLABLES COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, PROFESSIONAL TRASH VALET, LLC DBA BRAZOS VALLEY TRASH VALET & RECYCLING, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS,AND PUBLIC RIGHTS OF WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION ("CITY") FOR THE PURPOSE OF PROVIDING COLLECTION OF RECYCLABLES FROM COMMERCIAL BUSINESSES AND MULTIFAMILY RESIDENCES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY. WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal services for solid waste aggregated from within the City limits including, but not limited to Recyclables; and WHEREAS,the City pursuant to City Charter Article XI, may grant franchises to entities for use of public streets, alleys, and highways for collection of Recyclables generated in City limits; and WHEREAS,the City of College Station desires to exercise the Charter's authority and grant a non- exclusive franchise to Contractor for collection of certain Recyclables generated from Commercial Businesses and Multifamily Residences residing in City limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, Recyclable Collection Franchise Ordinance Page 1 of 17 Table of Contents Article I. Definitions 3 Article II. Grant of Authority and Acceptance 4 Article III. Payment and Term 5 Article IV. Access to Records & Reporting 6 Article V. Rates to be Charged by Contractor 7 Article VI. Appearance of Personnel and Equipment 7 Article VII. Collection and Transport of Recyclables 7 Article VIII. Placement of Receptacles 8 Article IX. Service Complaints 8 Article X. Disposal and Processing 8 Article XI. Violation and Penalty 9 Article XII. Insurance 9 Article XIII. Indemnification and Release 9 Article XIV. Disputes and Mediation 10 Article XV. General Terms 10 Exhibit A. Schedule of Rates 14 Exhibit B. Insurance Requirements 15 I) Standard Insurance Policies Required: 15 II) General Requirements Applicable to All Policies• 15 III) Commercial General Liability 15 IV) Business Automobile Liability 16 V) Workers' Compensation Insurance 16 Exhibit C. Certificates of Insurance 17 Recyclable Collection Franchise Ordinance Page 2 of 17 ARTICLE I. DEFINITIONS 1.1 Agreement means this Franchise Agreement adopted by City Ordinance between City and Contractor for the collection of Recyclables within the City limits. 1.2 Approved Customers means those designated premises located within the City that generate Recyclables. 1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) means the permitted municipal solid waste landfill and compost facility owned and operated by a Texas local government corporation. 1.4 City Council or Council means the governing body of the City of College Station,Texas. 1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation. 1.6 City's Representative means the Recycling & Environmental Compliance Manager or the Manager's designated appointee. 1.7 Collection means the scheduled aggregation of Recyclables by Contractor. 1.8 Construction and Demolition Debris means buildings material waste resulting from demolition, remodeling, repairs, or construction, as well as materials discarded during periodic temporary facility clean-up generated within the City. 1.9 Contaminated means Recyclables mixed with solid waste or altered in a way that results in materials being unrecyclable or un-compostable. 1.10 Contractor means the Contractor franchised for the collection of Recyclables. 1.11 Customers means the locations designated by the City as a Commercial Business or Multifamily Residence. 1.12 Organic Waste means waste of biological origin recovered from the solid waste stream for the purposes of reuse, reclamation, or compost. Organic Waste is not solid waste, unless it is abandoned or disposed of, rather than reprocessed into another product. 1.13 Receptacle means a weatherproof container easily identifiable and designated for recycling or organic waste collection and shall not be made of any temporary materials. Recyclable Collection Franchise Ordinance Page 3 of 17 1.14 Recyclables or Recyclable Materials mean materials, including construction and demolition debris recovered from the solid waste stream for the purpose of reuse or reclamation, a substantial portion of which are consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable materials are not solid waste unless they are abandoned or disposed of as garbage rather than reprocessed into another product. 1.15 Residue means the materials regularly associated with and attached to Recyclables, as a part of the original packaging or usage of that material that is not recyclable or compostable. 1.16 Roll-Off / Compactor means a container of varying capacity used for Recyclables collection. 1.17 TAC means the Texas Administrative Code now and as amended. 1.18 TCEQ means the Texas Commission on Environmental Quality. ARTICLE II. GRANT OF AUTHORITY AND ACCEPTANCE 2.1 Non-Exclusive. City grants Contractor a non-exclusive franchise to operate and establish Recyclables collection from designated Customers. Nothing in this Agreement shall be construed as granting an exclusive franchise or right. City grants Contractor passage and rights-of-way on, along, and across City streets, highways, alleys, public places and all other real property for Recyclables collection. All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City's governmental and police powers. 2.2 Acceptance. By accepting this Agreement, Contractor represents it has, by careful examination, satisfied itself as to the nature and location of the services, character, quality, and quantity of services to be performed, the character of the equipment and facilities necessary to fulfill obligations under this Agreement, as well as the general and local conditions and all other matters affecting services performed under this Agreement. 2.3 Option to Market Materials. If City develops services or programs resulting in materials that may be recycled or composted, including but not limited to residential, multifamily, or commercial recycling or composting, the City shall have the option to market those to any contractor. 2.4 Contract with City. If City and Contractor contract for the collection and recycling or composting of materials, those terms will be incorporated into this Agreement by amendment. Recyclable Collection Franchise Ordinance Page 4 of 17 ARTICLE III. PAYMENT AND TERM 3.1 Franchise Fee. For and in consideration of the grant of the franchise herein, Contractor agrees and will pay a Franchise Fee during the term of this Agreement, a sum based on the following graduated fee schedule depending on the percentage of aggregate recycling or composting accomplished: a. A fee is required, equivalent to five percent (5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A,generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least sixty percent (60%) of Recyclables collected. b. A fee is required, equivalent to six and one half percent (6.5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least fifty-five percent (55%) but less than sixty percent(60%) of Recyclables collected. c. A fee is required, equivalent to eight percent (8%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A,generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting less than fifty-five percent (55%) of Recyclables collected. 3.2 Payments. Revenue received by Contractor from this Agreement is subject to the Franchise Fee and shall be computed into Contractor's monthly gross revenues, delivery revenues, hauling revenues, and rates, as described in Exhibit A. Payment will be paid quarterly to the City, and shall be due by the twentieth (20th) day of the month following the end of the previous calendar quarter. Payment after that date shall incur a ten percent (10%) late fee on the outstanding account balance under Article V. 3.3 Failure to Pay. Failure by Contractor to pay any amount due under this franchise constitutes a Failure to Perform under this contract and is subject to the provisions of Article XV. General Terms of this Agreement (Termination for Cause). 3.4 Franchise Fee Requirements. Payments must state on a form approved by the City: Recyclable Collection Franchise Ordinance Page 5 of 17 a. The number and type of Customers collected from, for the previous quarter, for Customers included in this Agreement. b. The total tons recycled or composted, regardless of origin of collection. c. The total gross revenues for the previous calendar quarter, for revenues generated under this agreement. d. The total payment amount 3.5 Term. The term of this Agreement shall be for a period of five (5)years, beginning on the date of acceptance and approval by City Council. ARTICLE IV. ACCESS TO RECORDS& REPORTING 4.1 Facilities. The City shall have the right to inspect the Contractor's facilities, equipment, personnel, and operations to ensure compliance with this Agreement. 4.2 Records. The City shall have the right to inspect Contractor's records, receipts, and all documentation relating to the performance of this Agreement. Those records include, but are not limited to, information concerning the quality and quantity of Recyclables collected, processed, and sold; number of Customers served, gross amounts paid to and paid by Contractor from the sale/processing of Recyclables. The City agrees to notify the Contractor at least twenty-four (24) hours prior to such inspection of operations and/or records. 4.3 Records Retention. Contractor shall retain all records associated with this Agreement for a period of four (4) years. City shall have access to information regarding Contractor's markets and prices paid for each type of material's return/cost; all information obtained by City marked confidential or proprietary shall remain confidential or proprietary pursuant to the Texas Open Records Act. 4.4 Activity Report. Contractor shall provide a Monthly Recycling Activity Report, on a form approved by the City, summarizing the previous month's collection. This report is due to the City's Representative no later than the twentieth (20th) calendar day of each month. Contractor's report shall include the following information: a. The Customer collection count, itemized by customer type. b. Total tonnage of Recyclables collected, itemized by type of material, regardless of origin of collection. c. Total tonnage of Recyclables collected, but not recycled or composted due to rejection and the disposition of those materials. d. Copy of weight tickets from all forms of processing and disposal site(s) in accordance with Article X. Disposal and Processing. Recyclable Collection Franchise Ordinance Page 6 of 17 e. Reports of all complaints and investigations concerning the collection of Recyclables and the actions taken by Contractor in response to complaints. f. Any other information concerning the Recyclables collection as required by the City's Representative. ARTICLE V. RATES TO BE CHARGED BY CONTRACTOR 5.1 The Contractor shall follow the Schedule of Rates attached hereto as Exhibit A for the services described herein. The rates provided shall be kept current and made available to the City's Representative within thirty (30) days of an adopted rate change. The Contractor agrees to use due diligence to keep costs from increasing. ARTICLE VI. APPEARANCE OF PERSONNEL AND EQUIPMENT 6.1 Equipment. Contractor shall ensure all collection equipment and vehicles are attractively painted, well maintained and are in good working condition. Equipment must be washed at least one time per week. Equipment and vehicles must have sufficient carrying capacity for safe and efficient Recyclables collection. The City shall have the right to inspect and approve the appearance of collection equipment. A standby vehicle shall be available at all times for Recyclables collection. 6.2 Signage. Contractor's vehicles shall at all times be clearly labeled with Contractor's name and phone number in visible letters and numbers not less than three (3) inches in height. Signage must be on both sides of the vehicle and placed in a conspicuous place. Only labeled vehicles shall perform collection activities under this Agreement. Contractor's roll-offs, compactors, and receptacles must be clearly marked as used for Recyclables collection in letters at least twelve inches (12") in height on each side of the container. 6.3 Personnel. All collection personnel shall wear a City-approved uniform to include, at minimum, matching labeled shirts with denim jeans or other standard work pants. ARTICLE VII. COLLECTION AND TRANSPORT OF RECYCLABLES 7.1 Transport. The Contractor shall only transport collected Recyclables for storage, processing, disposal, or other necessary handling to locations in a manner permitted by the terms of this Agreement as well as federal, state, and local law. This Agreement does not authorize Contractor to utilize the streets, alleys, and public ways to dispose of municipal solid waste or any other type of waste intended for disposal from any other project. Recyclable Collection Franchise Ordinance Page 7 of 17 7.2 Cover. During transport of Recyclables all vehicles shall be covered to prevent release of litter. ARTICLE VIII. PLACEMENT OF RECEPTACLES 8.1 Placement. All roll-offs, compactors, and receptacles placed in service shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall Contractor place roll-offs, compactors, or receptacles on public streets, alleys, or thoroughfares without prior approval of the City's Representative. City reserves the right to designate the exact location of any or all roll-offs, compactors, or containers placed in service in the City. 8.2 City Collection. Recyclables collection shall not interfere with the City's collection of municipal solid waste. Under no circumstances shall contractor place roll-offs, compactors, or receptacles in existing enclosures designated for City roll-offs, compactors, and receptacles. ARTICLE IX. SERVICE COMPLAINTS 9.1 Nature of Complaint. Contractor shall handle directly any complaints pertaining to customer service, property damage, or personal injury from their commercial business and multifamily Recyclables collection service. 9.2 Intake. Contractor shall develop written practices and procedures for receiving and resolving Customer complaints and collection issues. Any complaint received by the City shall be forwarded to the Contractor within one (1) business day of receipt. 9.3 Response. Contractor shall respond to all complaints within one (1) business day of receiving a complaint from a Customer or notice of complaint from the City. Regardless of the nature of the complaint, Contractor shall report the action taken to the City in accordance with Article IV. Access to Records& Reporting. 9.4 Complaint Charges. Upon receipt of ten (10) Customer complaints within a forty-five(45) day period, Contractor shall be assessed a charge of Three Hundred Dollars ($300.00). Complaints are to be verified by the Contractor and the City's Representative. The City shall invoice the Contractor such charges. ARTICLE X. DISPOSAL AND PROCESSING 10.1 Disposal Site. Unless approved otherwise in writing by the City, Contractor shall utilize BVSWMA, Inc. Landfill for the disposal of all non-recyclable waste material collected by Contractor within the corporate limits of the City. Recyclable Collection Franchise Ordinance Page 8 of 17 10.2 Processing Facility. Contractor shall only use a City-approved recycling or composting facility for processing of all Recyclables collected by Contractor within the corporate limits of the City under this Agreement. 10.3 Disposal. In no case shall any Recyclable or Compostable Materials be disposed in a landfill. ARTICLE XI. VIOLATION AND PENALTY 11.1 Fine. It shall be unlawful for any person, firm or corporation violating any provision or term of this Agreement and they shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and every day a violation continues constitutes a separate offense. 11.2 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights the City may possess at law or equity, the City reserves the right to apply any remedies, alone or in combination, in the event Contractor violates any provision of this Agreement. The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. ARTICLE XII. INSURANCE 12.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its agents, representatives, volunteers, employees, or subcontractors. 12.2 The Contractor's insurance shall list the City of College Station, its employees,volunteers, and officials as additional insureds. Insurance requirements are attached in Exhibit B. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. ARTICLE XIII. INDEMNIFICATION AND RELEASE 13.1 Indemnification. Contractor shall indemnify, hold harmless, and defend the City, its officers, agents,volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work and services done by the Contractor under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole Recyclable Collection Franchise Ordinance Page 9 of 17 or in part from the negligence of the City, any other party indemnified hereunder,the Contractor,or any third party. 13.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property caused by,alleged to be caused by,arising out of,or in connection with the Contractor's work and services to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury,death,loss,or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. ARTICLE XIV. DISPUTES AND MEDIATION 14.1 Disputes. If a dispute arises between City and Contractor during this Agreement, the dispute shall first be referred to the operational officers or representatives designated by the parties having oversight of the Agreement's administration. The officers or representatives shall meet within thirty (30) days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. 14.2 Mediation. If the parties not able to resolve the dispute under the procedure in this article,then the parties agree the matter shall be referred to non-binding mediation.The parties shall mutually agree upon a mediator to assist in resolving their differences. If the parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two (2) business days, the other party shall select the mediator from those mediators remaining on the list. The parties shall pay their own expenses of any mediation and will share the cost of the mediator's services. 14.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies. ARTICLE XV. GENERAL TERMS 15.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all the services in a professional manner and be fully qualified and competent to perform those services. Recyclable Collection Franchise Ordinance Page 10 of 17 15.2 Termination. a. For Convenience. At any time, the City or Contractor may terminate this Agreement for convenience, in writing with thirty (30) days' notice. City shall be compensated for outstanding Franchise Fees. b. For Cause. City also may terminate this Agreement if Contractor materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Agreement, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty(30) days of City providing Contractor written notice, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time upon which the parties may agree. c. Hearing. This Agreement shall not be terminated except upon a majority vote of the City Council, after giving reasonable notice to Contractor. The Contractor will have an opportunity to be heard, provided if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 15.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County,Texas. 15.4 Amendment. This Agreement may only be amended by written instrument approved and executed by the parties. 15.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes. 15.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statues, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 15.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver of deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. 15.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. Recyclable Collection Franchise Ordinance Page 11 of 17 15.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, and if by limiting that provision, the Agreement may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 15.10 Entire Agreement. This Agreement represents the entire agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 15.11 Agree to Terms. The parties' state they have read the terms and conditions of this Agreement and agree to the terms and conditions. Contractor shall evidence its unconditional written acceptance of all the terms and conditions of this Agreement by the execution of this Agreement. 15.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal publication of this Agreement as provided by law, and provided it has been duly accepted by Contractor as herein above provided, this Agreement shall not take effect until sixty (60) days after its adoption on its second and final reading. 15.13 Notice. Any official notice under this Agreement will be sent to the following addresses: City of College Station Brazos Valley Trash & Recycling Attn: Heather Woolwine Attn: Ricky Hux PO BOX 9960 3515B Longmire Dr#205 1101 Texas Ave College Station, TX 77845 College Station,TX 77842 rhux@bvtrashvalet.coni hwoolwine@cstx.gov 15.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. A. Schedule of Rates B. Insurance Requirements C. Certificates of Insurance 15.15 Public Meetings and Readings. This Agreement was passed adopted and approved according to Texas Government Code Chapter 551. a. First Consideration &Approval on the 14th day of January, 2016. b. Second Consideration &Approval on the 11th day of February, 2016. BRAZOS VALLEY TRASH VALET& CITY OF COLLEGE STATION RECYCLING By: /` By: I� Mayor Printed Name: gCI'4Lf /114-,K Title: Owner/Member Date: i - 2.5 - lb Date: /O/1511 S`, ATTEST: City Secretary Date: I - Si 16 APP.OVED: 4111r 41111" �. sØfr;. r City Manage Date:/' / •/ 41/Vie City Attofner Date: a Assistant City Ma ager/,' 0 //r Date: / f(- Recyclable Collection Franchise Ordinance Page 13 of 17 EXHIBIT A. SCHEDULE OF RATES Contractor's base rate is $19.95 per month, and may increase, depending on a variety of conditions, including but not limited to: • Location of Customer, • Impact on Existing Routes, • Ingress and Egress Capabilities, • Special Requests by Customers, • Frequency of Collections, • Volume of Materials, • Type of Materials, • External Contributing Conditions of Market Costs. Recyclable Collection Franchise Ordinance Page 14 of 17 EXHIBIT B. INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I) Standard Insurance Policies Required: A) Commercial General Liability B) Business Automobile Liability C) Workers' Compensation II) General Requirements Applicable to All Policies: A) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. B) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. C) Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. D) The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas. E) The City will not accept "claims made" policies. F) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III) Commercial General Liability A) General Liability insurance shall be written by a carrier rated "A:VIII" or better under the current A. M. Best Key Rating Guide. B) Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self-insurance or any insurance the City may have or obtain. C) Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000. Limits shall be endorsed to be per project. D) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance Recyclable Collection Franchise Ordinance Page 15 of 17 E) The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. IV) Business Automobile Liability A) Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. B) Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self-insurance or any insurance the City may have or obtain C) Combined Single Limit of Liability not less than$1,000,000 per occurrence for bodily injury and property damage. D) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page E) The coverage shall include any autos, owned autos, leased or rented autos, non-owned autos, and hired autos. V) Workers' Compensation Insurance A) Workers compensation insurance shall include the following terms: 1) Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required 2) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy 3) TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY" Recyclable Collection Franchise Ordinance Page 16 of 17 EXHIBIT C. CERTIFICATES OF INSURANCE Recyclable Collection Franchise Ordinance Page 17 of 17 ARLDATE(MMIDDIYYYY) �� CERTIFICATE OF LIABILITY INSURANCE 11/(MMIDD 5 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 Spring Insurance Agency, CONN I CT Kay Dockins 6605 Cypresswood Drive (arCC,NN,Ext), (832)494-1963 jAAia 0.(281)370-2925 Suite 400 E-MAIL kay@springinsurance.com _ADDRESS`--- Spring TX 77379 INSURERS)AFFORDING COVERAGE NALC# INSURER A:Acceptance Indemnity INSURED INSURER B;Essex Isnurance Co Professional Trash Valet LLC INSURER c;Republic Insurance Group 3515 B Longmire Dr.,Ste.205 INSURER D:Service Lloyds Insurance College Station TX 77845-5271 INSURER E; INSURER F: _ COVERAGES CERTIFICATE NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE nn w usvr POLICY NUMBER ,(yIMRlDNYYY) IMMIDoNYYYI A X COMMERCIAL GENERAL LIABILITY CP00148450 02/18/2015 02/18/2016 EACH OCCURRENCE J 1,000,000 CLAIMS-MADE X OCCUR PRFMIEES(Fs nrrRNTErra_nrw) $D100 000 MED EXP(Any one person), _.$ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN I.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECOT LOC PRODUCTS:COMP/OP AGG $ Included OTHER' $ C AUTOMOBILE LIABILITY BAP5523879 02/18/2015 02/18/2016 (0MBI daDlj INGLE LIMIT $ 1,000,000 X BODILY INJURY(Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS X x NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS ,(Per arradant) B UMBRELLA LIAB X OCCUR EZXS10659 02/18/2015 02/18/2016 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB , CLAIMS-MADE AGGREGATE $ OFD 1 RETENTION$ $ D WORKERS COMPENSATION SRZG28314-15 10/19/2015 10/19/2016 X STATl1TF .PRH AND EMPLOYERS'LIABILITY ,Y.LN, 1'000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE I I N I A E.L.EACH ACCIDENT _ $ OFFICERJMEMBER EXCLUDED? 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under I E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Sohedule,maybe attaohed If more space Is required) CITY OF COLLEGE STATION IS NAMED AS ADDITIONAL INSURED FORM CG210 0704 ON THE GENERAL LIABILITY AND NAMED ON THE AUTO LIABILITY POLICY. WAIVER OF SUBROGATION IN FAVOR OF CITY OF COLLEGE STATION ON THE GENERAL LIABILITY,AUTO LIABILITY AND WORKERS COMPENSATION POLICIES. THIRTY(30)DAY NOTICE OF CANCELLATION IN FAVOR OF CITY OF COLLEGE STATION EXCEPT TEN(10)DAYS FOR NONPAYMENT OF PREMIUM. SUBJECT TO POLICY CONDITIONS,LIMITATIONS,AND EXCLUSIONS. CERTIFICATE HOLDER CANCELLATION Al 023061 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF COLLEGE STATION THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P 0 BOX 9960 COLLEGE STATION TX 77842- AUTHORIZED REPRESENTATIVE I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD