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2022-4335 - Ordinance - 02/24/2022
ORDINANCE NO. RECYCLABLES COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, LOSSEN BROS CO., INC.,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 DEMOLITION AND CONSTRUCTION DEBRIS, RECYCABLES, AND ORGANIC WASTE FROM COMMERCIAL, INDUSTRIAL, AND MULTI-FAMILY SITES; 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 Solid Waste and Recyclables generated withintheCity 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 ofdemolition and construction debris and other waste for disposal using roll off containers, and recyclable materials,and organic waste from multifamily and commercial locations for the purpose of recycling. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 1 of 16 Table of Contents Article I. Definitions......................................................................................................................3 Article II. Grant of Authority and Acceptance..............................................................................4 Article III. Payment and Term.......................................................................................................4 Article IV. Access to Records & Reporting...................................................................................6 Article V. Rates to be Charged by Contractor...............................................................................6 Article VI. Appearance of Personnel and Equipment....................................................................6 Article VII. Collection and Transport of Recyclables...................................................................7 Article VIII. Placement of Receptacles.........................................................................................7 Article IX. Service Complaints......................................................................................................7 Article X. Disposal and Processing...............................................................................................8 Article XI. Violation and Penalty..................................................................................................8 Article XII. Insurance....................................................................................................................8 Article XIII. Indemnification and Release.....................................................................................9 Article XIV. Disputes and Mediation............................................................................................9 Article XV. General Terms..........................................................................................................10 Exhibit A. Schedule of Rates.......................................................................................................13 Exhibit B. Insurance Requirements.............................................................................................14 I)Standard Insurance Policies Required:..............................................................................14 II)General Requirements Applicable to All Policies:............................................................14 III)Commercial General Liability........................................................................................14 IV)Business Automobile Liability.......................................................................................15 V)Workers’ Compensation Insurance................................................................................15 Exhibit C. Certificates of Insurance.............................................................................................16 Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 2 of 16 ARTICLE I. DEFINITIONS 1.1Agreementmeans this Franchise Agreement adopted by City Ordinance between City and Contractor for the collection of Recyclables within the City limits. 1.2Approved Customersmeans those designated premises located within the City that generate Recyclables. 1.3Brazos 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. 1.4City Council or Councilmeans the governing body of the City of College Station, Texas. 1.5Citymeans the City of College Station, a Texas Home Rule Municipal Corporation. 1.6City's Representativemeans the Recycling & Environmental Compliance Manager or the Manager’s designated appointee. 1.7Collectionmeans the scheduled aggregation of Recyclables by Contractor. 1.8Construction 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. 1.9Contaminatedmeans Recyclables mixed with solid waste or altered in a way that results in materials being unrecyclable or un-compostable. 1.10Contractormeans the Contractor franchised for the collection of Recyclables. 1.11Customersmeans the locations designated by the City as a Commercial Business or Multifamily Residence. 1.12Organic Wastemeans 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. 1.13Receptaclemeans a weatherproof container easily identifiable and designated for recycling or organic waste collection and shall not be made of any temporary materials. 1.14Recyclables or Recyclable Materialsmean 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. Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 3 of 16 1.15Residuemeans 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. 1.16Roll-Off / Compactormeans a container of varying capacity used for Recyclables collection. 1.17TACmeans the Texas Administrative Code now and as amended. 1.18TCEQmeans the Texas Commission on Environmental Quality. ARTICLE II. GRANT OF AUTHORITY AND ACCEPTANCE 2.1Non-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 collectingdemolition and construction debris,recyclables and organic waste from commercial, industrial, multifamily and residential construction sites for the purpose of disposal and/or recycling within the jurisdictional limits of the City. Contractor is expressly prohibited from collecting any recyclables from completed residences that are covered by the City’s residential single stream recycling contract and program.All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City’s governmental and police powers. 2.2Acceptance. By accepting this Agreement, Contractor representsit 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. 2.3Option to Market Materials. If City develops services or programs resulting in materials that may be recycled or composted, including but not limited to residential construction sites, multifamily, or commercial recycling or composting, the City shall have the option to market those to any contractor. 2.4Contract 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. ARTICLE III. PAYMENT AND TERM 3.1Franchise 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: Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 4 of 16 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 sixtypercent (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. 3.2Payments. 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 th quarterly tothe City, and shall be due by the twentieth (20) 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. 3.3Failure toPay. 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). 3.4Franchise Fee Requirements.Payments must state on a form approved by the City: a.The number and type of Customers collected from, for the previous quarter, for Customers included in this Agreement. b.The total tons landfilled, recycled or composted, within the jurisdictional limits of the City, for the previous quarter. c.The total gross revenues for the previous calendar quarter, for revenues generated under this agreement. d.The total payment amount. 3.5Term.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. Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 5 of 16 ARTICLE IV. ACCESS TO RECORDS & REPORTING 4.1Facilities. The City shall have the right to inspect the Contractor’s facilities, equipment, personnel, and operations to ensure compliancewith this Agreement. 4.2Records. 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. 4.3Records 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. 4.4Activity Report. Contractor shall provide a MonthlyRecycling Activity Report, on a form approved by the City, summarizing the previous month’s collection. This report is th due to the City’s Representative no later than the twentieth (20) 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 materials collected, recycled, compostedand/or landfilled, itemized by type of material, within the jurisdictional limits of the City. c.Any other information concerning the collectionsas required by the City’s Representative. ARTICLE V. RATES TO BE CHARGED BY CONTRACTOR 5.1The Contractor shall follow the Schedule of Rates attached hereto as Exhibit Afor 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. APPEARANCEOF PERSONNEL AND EQUIPMENT 6.1Equipment. 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 efficientcollection. 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 collection. Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 6 of 16 6.2Signage. 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 collection in letters at least twelve inches (12”) in height on each side of the container. 6.3Personnel. All collection personnel shall wear a City-approved uniform to include, at minimum, matching labeled shirts with denim jeans or other standard work attire. ARTICLE VII. COLLECTION AND TRANSPORT 7.1Transport. The Contractor shall only transport collected materialsfor 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. 7.2Cover. During transport of materialsall vehicles shall be covered to prevent release of litter. ARTICLE VIII. PLACEMENT OF RECEPTACLES 8.1Placement. 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. 8.2City Collection. Collectionsshall not interfere with the City’s collection of municipal solid waste. Under no circumstances shall contractor place roll-offs, compactors, or receptaclesin existing enclosures designated for City roll-offs, compactors, and receptacles. ARTICLE IX. SERVICE COMPLAINTS 9.1Nature 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. 9.2Intake. 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. Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 7 of 16 9.3Response. 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. 9.4Complaint 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 10.1Disposal 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. 10.2Processing 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. ARTICLE XI. VIOLATION AND PENALTY 11.1Fine. It shall be unlawful for any person, firm or corporation to violateany 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. 11.2Remedies.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 12.1The 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. 12.2The Contractor's insurance shall list the City of College Station, its employees, agents, 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. Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 8 of 16 ARTICLE XIII. INDEMNIFICATION AND RELEASE 13.1Indemnification.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 or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 13.2Release.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 14.1Disputes.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. 14.2Mediation. If the parties are 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 firstname. 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. 14.3Other Remedies. If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies. Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 9 of 16 ARTICLE XV. GENERAL TERMS 15.1Performance.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. 15.2Termination. a.For Convenience. At any time, the City or Contractor may terminate this Agreement for convenience, in writing with thirty (30)days’ written notice. City shall be compensated for outstanding Franchise Fees. b.For Cause.City 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 reasonablycapable 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. 15.3Venue.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. 15.4Amendment.This Agreement may only be amended by written instrument approved and executed by the parties. 15.5Taxes.The City is tax exempt and is not responsible for the payment of any taxes. 15.6Compliance with Laws.The Contractor will comply with all applicable federal, state, and local statutes, 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. 15.7Waiver 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. Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 10 of 16 15.8Assignment.This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 15.9Invalid 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. 15.10Entire Agreement.This Agreement represents the entire agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 15.11Agree 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. 15.12Effective 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) daysafter its adoption on its second and final reading. 15.13Notice.Any official notice under this Agreement will be sent to the following addresses: City of College StationLOSSEN BROS CO., INC. Attn: Michael Lucas, Fiscal ServicesAttn: Omar Gomez, Operations Manager PO BOX 9960PO Box 302075 College Station, TX 77842Austin, TX 78703 mlucas@cstx.govomar@lossenbrosinc.com 15.14List 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 15.15Public Meetings and Readings. This Agreement was passed,adopted and approved according to Texas Government Code Chapter 551. a.First Consideration & Approval on the day of ,2022. b.Second Consideration & Approval on the day of ,2022. Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 11 of 16 LOSSEN BROS CO., INC.CITY OF COLLEGE STATION By: By: Mayor Printed Name: Omar Gomez Title: Operations ManagerDate: ________________ Date: ATTEST: City Secretary Date: _____________ APPROVED: City Manager Date: _____________ City Attorney Date: _____________ Assistant City Manager/CFO Date: _____________ Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 12 of 16 EXHIBIT A. SCHEDULE OF RATES I.Contractor’s base rates are set forth below, and may increase, depending on a variety of conditions, including but not limited to: a. Location of Customer b. Impact on Existing Routes c. Ingress and Egress Capabilities d. Special Requests by Customers e. Frequency of Collections f. Volume of Materials g. Type of Materials h. External Contributing Conditions of MarketCosts Base rate for a frame clean is $0.29 per square foot of home and does not increase. This requires removing all lumber and debris. Haul away all debris. Base rate for a sheetrock clean is $0.29 per square foot of home and does not increase. This requires removing all sheetrock and debris. Haul away all debris. Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 13 of 16 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 Citybefore 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 licensed Insurance Carriers 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 Cityas 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 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. Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 14 of 16 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: i. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required ii. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy iii. 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" Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 15 of 16 EXHIBIT C. CERTIFICATES OF INSURANCE Contract No. 22300220 Recyclable Collection Franchise Ordinance Page 16 of 16 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/22/2021 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Claudia Searle NAME: FAX PHONE K&S Insurance Agency(972) 771-4071(972) 771-4695 (A/C, No): (A/C, No, Ext): E-MAIL 2255 Ridge Road, Ste. 333csearle@kandsins.com ADDRESS: P. O. Box 277 INSURER(S) AFFORDING COVERAGENAIC # RockwallTX75087Crum & Forster Specialty Ins Co44520 INSURER A : INSURED Allied Property & Casualty Ins. Co.42579. INSURER B : Lossen Bros., Inc.Hallmark Specialty Insurance Co26808 INSURER C : 1404 West 32nd StreetTexas Mutual Insurance Co.22945 INSURER D : INSURER E : AustinTX78703 INSURER F : COVERAGESCERTIFICATE 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. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE$ DAMAGE TO RENTED 50,000 CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) 1,000 MED EXP (Any one person)$ AGLO-07162401/22/202101/22/20221,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1,000,000 $ (Ea accident) ANY AUTOBODILY INJURY (Per person)$ OWNEDSCHEDULED BACP BAPC 301928078105/08/202105/08/2022 BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS HIREDNON-OWNEDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB 1,000,000 OCCUREACH OCCURRENCE$ C EXCESS LIAB 77HX2196E201/22/202101/22/20221,000,000 CLAIMS-MADEAGGREGATE$ DEDRETENTION$$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ DN N / A 000115352201/22/202101/22/2022 OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ Contractors Equipment BACP CIMP 301928078105/08/202105/08/2022Lease/Rented Equipment$200,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Solid Waste and Recyclables Please see attached for additional information. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of College Station Attn: Risk Management P.O. Box 9960 AUTHORIZED REPRESENTATIVE College StationTX77842 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: Pageof ADDITIONAL REMARKS SCHEDULE AGENCYNAMED INSURED Lossen Bros., Inc. K&S Insurance Agency POLICY NUMBER CARRIERNAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, 25Certificate of Liability Insurance: Notes FORM NUMBER:FORM TITLE: The General Liability and Auto Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability and Auto Liability policy contains an endorsement with “Primary and Noncontributory” wording. The General Liability, Auto Liability and Workers Compensation policy includes a blanket automatic waiver of subrogation endorsements that provide this feature, only when there is a written contract between the named insured and the certificate holder that requires it. The Umbrella follows form over the General Liability, Auto Liability and Workers Compensation *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERGE, LIMITS, CONDITIONS AND EXCLUSIONS. ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO AC 70 06 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSAUTO PROTECTION -PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A.Effect of This Endorsement B.Newly Acquired of Formed Entities C.Employees as insureds – Nonowned Autos D.D.Additional Insured by Contract, Permit or AgreementAdditional Insured by Contract, Permit or Agreement E.Supplementary Payments – Bail Bonds F.Supplementary Payments – Loss of Earnings G.Personal Effects and Property of Others Extension H.Prejudgment Interest Coverage I.Fellow Employees J.Hired Auto Physical Damage K.Temporary Substitute Autos – Physical Damage Coverage L.Expanded Towing Coverage M.Auto Loan or Lease Coverage N.Original Equipment Manufacturer Parts – Leased Private Passenger Types O.Deductible Amendments P.Expanded Transportation Expense Q.Extra Expense – Stolen Autos R.Physical Damage Limit of Insurance S.New Vehicle Replacement Cost T.Physical Damage Coverage Extensions U.Business Income and Extra Expense Coverage V.V.Transfer of Rights Of Recovery Against Others To UsTransfer of Rights Of Recovery Against Others To Us W.Section IV – Business Auto Conditions – Notice of and Knowledge of Occurrence X.Hired Car Coverage Territory Y.Emergency Lockout Z.Cancellation Condition AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission COMMERCIAL AUTO AC 70 06 03 16 If specifically required by the written contract or A.EFFECT OF THIS ENDORSEMENT agreement referenced in the paragraph above, Coverage provided under this policy is modified any coverage provided by this endorsement to by the provisions of this endorsement. If there an additional insured shall be primary and is any conflict between the provisions of this any other valid and collectible insurance avail- endorsement and the provision(s) of any state- able to the additional insured shall be non- specific endorsement also attached to this poli- contributory with this insurance. If the written cy, then the provision(s) of the state-specific does not require this coverage to be contract endorsement shall apply instead of the provi- primary and the additional insured’s coverage to sions of this endorsement that are in conflict, this insurance will be be non-contributory, then but only to the extent of the conflict, and only to excess over any other valid and collectible insur- the extent necessary to bring such provisions ance available to the additional insured. into conformance with the state requirement(s) E.SUPPLEMENTARY PAYMENTS – BAIL contained in the provision(s) of the state-specific BONDS endorsement. Supplementary Payments of SECTION II – B.NEWLY ACQUIRED OR FORMED ENTITIES COVERED AUTOS LIABILITY COVERAGE is The Named Insured shown in the Declarations is revised as follows: amended to include any organization you newly (2)Up to $3,000 for cost of bail bonds (including acquire or form, other than a partnership, joint bonds for related traffic law violations) re- venture, or limited liability company, and over quired because of an “accident” we cover. which you maintain ownership or majority (more We do not have to furnish these bonds. than 50%) interest; if there is no other similar in- F.SUPPLEMENTARY PAYMENTS – LOSS OF surance available to that organization. Coverage th EARNINGS under this provision is afforded until the 180 day after you acquire or form the organization or Supplementary Payments of SECTION II – the end of the policy period, whichever is later. COVERED AUTOS LIABILITY COVERAGE is C.EMPLOYEES AS INSUREDS – NONOWNED revised as follows: AUTOS (4)All reasonable expenses incurred by the “in- The following is added to paragraph A.1. Who Issured” at our request, including actual loss An Insured of SECTION II – COVERED AUTOSof earnings up to $1,000 a day because of LIABILITY COVERAGE:time off from work. d.Any "employee" of yours is an "insured"G.PERSONAL EFFECTS AND PROPERTY OF while using a covered "auto" you don't own,OTHERS EXTENSION hire or borrow in your business or your per- 1.The Care, Custody or Control Exclusion of sonal affairs. SECTION II – COVERED AUTOS LIABILITY D.D.ADDITIONAL INSURED BY CONTRACT,ADDITIONAL INSURED BY CONTRACT,ADDITIONAL INSURED BY CONTRACT,ADDITIONAL INSURED BY CONTRACT,ADDITIONAL INSURED BY CONTRACT,ADDITIONAL INSURED BY CONTRACT, COVERAGE, does not apply to "property dam- PERMIT OR AGREEMENTPERMIT OR AGREEMENT age" to property, other than your property, up to an amount not exceeding $500 in any one "acci- The following is added to A.1. Who Is An In- dent". Coverage is excess over any other valid suredof SECTION II – COVERED AUTOS and collectible insurance. LIABILITY COVERAGE: 2.The following paragraph is added to A.4. Any person or organization that you are re- Coverage Extensions of SECTION III - quired to name as an additional insured in a PHYSICAL DAMAGE COVERAGE: agreement that is executed written contract or or signed by you prior to a “bodily injury” orc.We will pay up to $1,000 for your prop- “insured” “property damage” occurrence is anerty that is lost or damaged as a result for Covered Auto Liability coverage. How-of a covered “loss”, without applying a ever, with respect to covered “autos”, suchdeductible. Coverage is excess over insured only to person or organization is anany other valid and collectible insur- the extent that person or organization qualifiesance. as an “insured” under A.1. Who is an Insured of SECTION II – COVERED AUTOS LIABILITY COVERAGE: Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 06 03 16 with its permission COMMERCIAL AUTO AC 70 06 03 16 e.Destruction H.PREJUDGMENTINTERESTCOVERAGE The coverage that applies is the same as The following paragraph is added to SECTION II the coverage provided for the vehicle being –COVERED AUTOS LIABILITY COVERAGE, replaced. 2.Coverage Extensions, a.Supplementary L.EXPANDED TOWING COVERAGE Payments: 1.We will pay up to: (7)Prejudgment interest awarded against the “insured” on that part of the judgment we a.$150 for a covered "auto" you own of offer to pay the appli- pay. If we make an the private passenger type, or cable limit of insurance, we will not pay b.$750 for a covered "auto" you own that any prejudgment interest based on that is not of the private passenger type, ime after the offer. period of t for towing and labor costs incurred each I.FELLOW EMPLOYEE time the covered "auto" is disabled. Howev- The Fellow Employee Exclusion of SECTION II - er, the labor must be performed at the place COVERED AUTOS LIABILITY COVERAGE, of disablement. does not apply if the “bodily Injury” results from 2.This coverage applies only for an "auto" the use of a covered “auto” you own or hire. covered on this policy for Comprehensive or The insurance provided under this provision is Specified Causes of Loss Coverage and excess over any other collectible insurance. Collision Coverages. J.HIRED AUTO PHYSICAL DAMAGE 3.Payment applies in addition to the otherwise If covered "auto" designation symbols 1 or 8 ap- applicable amount of each coverage you ply to Liability Coverage and if at least one "au- have on a covered “auto”. to" you own is covered by this policy for Com- M.AUTO LOAN OR LEASE COVERAGE prehensive, Specified Causes of Loss, or Colli- 1.In the event of a total "loss" to a covered sion coverages, then the Physical Damage "auto", we will pay any unpaid amount due coverages provided are extended to "autos" you on the loan or lease, including up to a max- lease, hire, rent or borrow without a driver; and imum of $500 for early termination fees or provisions in the Business Auto Coverage Form penalties, for your covered "auto" less: applicable to Hired Auto Physical Damage apply a.The amount paid under SECTION III – up to a limit of $125,000. The deductible will be PHYSICAL DAMAGE COVERAGE of equal to the largest deductible applicable to any this policy; and owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or b.Any: lightning. 1)Overdue lease/loan payments at the K.TEMPORARY SUBSTITUTE AUTOS – time of the "loss"; PHYSICAL DAMAGE COVERAGE 2)Financial penalties imposed under a The following is added to paragraph C. Certain lease for excessive use, abnormal Trailers, Mobile Equipment And Temporary wear and tear or high mileage; Substitute Autos of SECTION I – COVERED ecurity deposits not refunded by a 3)S AUTOS: lessor; If Physical Damage Coverage is provided by 4)Costs of extended warranties, Credit this Coverage Form, the following types of Life insurance, Health, Accident, or vehicles are also covered "autos" for Physi- Disability insurance purchased with cal Damage Coverage: the lease; and Any "auto" you do not own while used with 5)Carry-over balances from previous the permission of its owner as a temporary leases. substitute for a covered "auto" you own that 2.This coverage only applies to a "loss" which is out of service because of its: is also covered under this policy for Com- a.Breakdown; prehensive, Specified Causes of Loss, or b.Repair; Collision coverage. c.Servicing; d."Loss"; or AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 7 with its permission COMMERCIAL AUTO AC 70 06 03 16 3. Coverage does not apply to any unpaid curred by you because of the total theft of a amount due on a loan for which the covered covered "auto" of the private passenger type. “auto” is not the sole collateral. We will only pay for those covered "autos" for N.ORIGINAL EQUIPMENT MANUFACTURER which you carry Comprehensive or Specified PARTS –LEASED PRIVATE PASSENGER Causes of Loss Coverage. We will pay for tem- TYPES porary transportation expenses incurred during the period beginning 24 hours after the theft and Under Paragraph C. Limit of Insurance of ending, regardless of the policy's expiration, SECTION III – PHYSICAL DAMAGE when the covered "auto" is returned to use or we COVERAGE, Section 4 is added as follows: pay for its "loss". 4. We will use new original equipment vehicle Q.EXTRA EXPENSE –STOLEN AUTOS manufacturer parts for any private passen- ger type covered “auto” where required by The following paragraph is added to Section A.4. the lease agreement which has a term of at of SECTION III – PHYSICAL DAMAGE least six months. If a new original equip-COVERAGE: ment vehicle manufacturer part is not in pro- c. We will pay for up to $5,000 for the expense duction or distribution we may use a like, of returning a stolen covered “auto” to you. kind and quality replacement part. We will pay only for those covered “autos” O.DEDUCTIBLE AMENDMENTS for which you carry Comprehensive or Spec- ified Causes of Loss Coverage. The following are added to the Deductible provi- sion of SECTION III – PHYSICAL DAMAGE R.PHYSICAL DAMAGE LIMIT OF INSURANCE COVERAGE: Under SECTION III – PHYSICAL DAMAGE If another policy or coverage form that is not an COVERAGE, Paragraph C., Limit of Insurance automobile policy or coverage form issued by is replaced by the following: this company applies to the same “accident”, the C. Limit Of Insurance following applies: 1. The most we will pay for “loss” in any one 1. If the deductible under this coverage is the “accident” is the lesser of: smaller (or smallest) deductible, it will be a. The actual cash value of the damaged waived: or stolen property as of the time of the 2. If the deductible under this coverage is not “loss”, or the smaller (or smallest) deductible, it will be b. The cost of repairing or replacing the reduced by the amount of the smaller (or damaged or stolen property. smallest) deductible. 2. $2000 is the most we will pay for “loss” in If a Comprehensive or Specified Causes of Loss any one “accident” to all electronic equip- Coverage “loss” from one “accident” involves ment that reproduces, receives or transmits two or more covered “autos”, only the highest audio, visual or data signals which, at the deductible applicable to those coverages will be time of “loss”, is: applied to the “accident,” if the cause of the loss a. Permanently installed in or upon the is covered for those vehicles. This provision only covered “auto” in a housing, opening or applies if you carry Comprehensive or Specified other location that is not normally used Causes of Loss Coverage for those vehicles, by the “auto” manufacturer for the instal- and does not extend coverage to any covered lation of such equipment. “autos” for which you do not carry such coverage. b. Removable from a permanently installed housing unit as described in Paragraph Nodeductible applies to glass if the glass is re- 2.a. above or is an integral part of that paired, in a manner acceptable to us, rather than equipment; or replaced. c. An integral part of such equipment. P. EXPANDED TRANSPORTATION EXPENSE 3. An adjustment for depreciation and physical Paragraph A.4.a. of SECTION III – PHYSICAL condition will be made in determining actual DAMAGE COVERAGE is replaced by the cash value in the event of a total “loss”. following: 4. The cost of repairing or replacing may: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- Page 4of 7 Includes copyrighted material of Insurance Services Office, Inc AC 700603 16 with its permission. COMMERCIAL AUTO AC 70 06 03 16 a. Be based on an estimate which includes titled and which you purchased less than parts furnished by the original equip- 365 days before the date of the “loss”. mentmanufacturer or other sources in- cluding non-original equipment manu- T.PHYSICAL DAMAGE COVERAGE facturers and EXTENSIONS b. If a repair or replacement results in bet- Under SECTION III – PHYSICAL DAMAGE ter than like kind or quality, we will not COVERAGE, A. Coverage, 4. Coverage Exten- pay for the amount of the net improve- sions, b. Loss of Use Expenses is replaced by ment. the following: 5. If we offer to pay the actual cash value of b. Loss of Use Expenses the damaged or stolen property, we will For Hired Auto Physical Damage, we will value auto advertising wraps, paint customi- pay expenses for which an “insured” zation, and similar business related advertis- becomes legally responsible to pay for loss ing modifications, in addition to the actual of use of a vehicle rented or hired without a cash value of the property. Auto advertising driver, under a written rental contract or wraps, paint customization, and similar agreement. We will pay for loss of use business related advertising modifications expenses if caused by: will be valued at the cost to replace them with an adjustment made for depreciation (1) Other than collision if the Decla- and physical condition. rations indicate that Comprehen- sive Coverage is provided for any S.NEW VEHICLE REPLACEMENT COST covered “auto”; The following is added to the Limit of Insurance (2) Specified Causes of Loss only if provision of SECTION III – PHYSICAL the Declarations indicate that DAMAGE COVERAGE: Specified Causes of Loss Cover- 5. The provisions of paragraphs 1.and 3. do age is provided for any covered not apply to a covered “auto“ of the private “auto”; or passenger type or a vehicle with a gross ve- (3) Collision only if the Declarations hicle weight rating of 20,000 pounds or less indicate that Collision Coverage which is a “new vehicle.” is provided for any covered In the event of a total “loss” to your “new ve- “auto.” hicle” to which this coverage applies, we will However, the most we will pay for any pay at your option: expenses for loss of use is $50 per day, to a a. The verifiable “new vehicle” purchase maximum of $1,500. The insurance provided price you paid for your damaged vehi- by this provision is excess over any other cle, not including any insurance or war- collectible insurance. ranties purchased; U.BUSINESS INCOME AND EXTRA EXPENSE b. If it is available, the purchase price, as COVERAGE negotiated by us, of a “new vehicle” of 1.Business Income Coverage the same make, model, and equipment or the most similar model available, not We will pay the actual loss of business in- including any furnishings, parts, or come sustained by you as a result of the equipment not installed by the manufac- necessary suspension of your business dur- turer or manufacturers’ dealership; or . ing the period of restoration due to “loss” to a covered “auto” used in your business. The c. The market value of your damaged ve- loss must be caused by a cause of loss cov- hicle, not including any furnishings, ered under item A1 of Physical Damage parts, or equipment not installed by the Coverage in this Coverage Part. manufacturer or manufacturer’s dealer- ship. 2.Extra Expense Coverage We will not pay for initiation or set up costs We will pay the necessary and reasonable associated with loans or leases extra expenses that you incur during the pe- riod of restoration that you would not have As used in this endorsement, a “new vehi- incurred had there been no “loss” to a cov- cle” means an “auto” of which you are the ered “auto” used in your business. The loss original owner that has not been previously AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc.Page 5 of 7 with its permission COMMERCIAL AUTO AC 70 06 03 16 (a) The time required to resume must be caused by a cause of loss listed your normal business opera- under item A1 of Physical Damage Cover- tions; or age in this Coverage Part. Extra Expenses means those expenses you incur to avoid or (b) The time that is reasonably minimize the suspension of business and to necessary to repair or replace continue your business operations. the covered auto with a maxi- mum time period of 180 days. 3.Additional Conditions Period of Restoration does not We will not pay for “loss” or expenses include any increased period caused by suspension, lapse or cancellation required due to the enforcement of any license, lease or contract. But if the of any ordinance or law that re- suspension, lapse or cancellation is directly quires any insured or others to caused by the suspension of your business, test for, monitor, clean up, re- we will cover such “loss” that affects your move, contain, treat, detoxify or business income. We will not pay under this neutralize or in any way respond coverage if you do not repair or replace the to or assess the effects of pollu- covered “auto”. You must resume all or part tants. The expiration date of this of your business as quickly as possible. If policy will not cut short the peri- you have other autos you can use to reduce od of restoration. the amount of loss payable under this cov- V. V. TRANSFER OF RIGHTS OF RECOVERY TRANSFER OF RIGHTS OF RECOVERY erage, you are required to use them. We will AGAINST OTHERS TO USAGAINST OTHERS TO US pay for expenses you incur to reduce the amount that otherwise would have been The following is added to the Transfer Of Rights payable under this coverage. We will not Of Recovery Against Others To Us Condition: pay more than the amount by which you ac- We waive any right of recovery we may tually reduce the business income loss or have against any person or organization to extra expense incurred. the extent required of you by a written con- 4.Limit tract executed prior to any “accident” be- cause of payments we make for damages The most we will pay for “loss” arising out of under this coverage form. one covered “auto” is $10,000 per loss with an annual aggregate of $20,000. Payment W. NOTICE OF AND KNOWLEDGE OF applies in addition to the otherwise applica- OCCURRENCE ble amount of each coverage you have on a SECTION IV – BUSINESS AUTO covered “auto”. CONDITIONS, Paragraph A is amended as 5.Definitions follows: a."Business Income" means the: 6. NOTICE OF AND KNOWLEDGE OF 1.).Net income (Net profit or loss before OCCURRENCE income taxes) that would have been a. Your obligation in the Duties in the Event earned or incurred if no loss would of Accident, Claim, Suit or Loss Condi- have occurred; and tion relative to notification require- 2.). Continuing normal operating ments applies only when the “accident” expenses incurred, including payroll. or “loss” is known to: b. ”Period of Restoration" means the (1) You, if you are an individual; period of time that: (2) A partner, if you are a partnership; 1.).Begins: (3) A member, if you are a limited liability (a) 24 hours after the time of loss company; or for Business Income Coverage; (4) An executive officer or insurance or manager, if you are a corporation. (b) Immediately after the time of b. Your obligation in the. Duties in the Event loss for Extra Expense of Accident, Claim, Suit or Loss Condition Coverage; and relative to providing us with documents 2.)Ends at the earliest of: concerning a claim or “suit” will not be Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 06 03 16 with its permission COMMERCIAL AUTO AC 70 06 03 16 considered breached unless the breach covered“auto” and you are unable to enter occurs after such claim or “suit” is known such “auto” , or to: 2.Your keyless entry device battery dies and (1)You, if you are an individual; you are unable to enter such "auto" as a result, (2)A partner, if you are a partnership; 3.Your key, electronic key or key entry pad (3)A member, if you are a limited liability has been lost or stolen and you have company; or changed the lock to prevent an unauthorized (4)An executive officer or insurance entry; and manager, if you are a corporation. 4.Original copies of receipts for services of a locksmith must be provided before X.HIRED CAR – COVERAGE TERRITORY reimbursement is payable. Z.CANCELLATION CONDITION Item (5) of the Policy Period,Coverage Territory General Condition is replaced by the following: Paragraph A.2. of the COMMON POLICY CONDITION – CANCELLATION applies except (5)Anywhere in the world if a covered “auto” as follows: is leased, hired, rented or borrowed without a If we cancel for any reason other than nonpay- driver for a period of 30 days or less; and ment of premium, we will mail or deliver to the Y.EMERGENCY LOCKOUT First Named Insured written notice of cancella- We will reimburse you up to $100 for reasonable tion at least 60 days before the effective date of expense incurred for the services of a locksmith cancellation. This provision does not apply in to gain entry into your covered “auto” subject to those states that require more than 60 days prior these provisions: notice of cancellation. 1.Your door key, electronic key or key entry pad has been lost, stolen or locked in your AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc.Page 7 of 7 with its permission WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1.( )Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations:ALL TEXAS OPERATIONS 3.Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 1/22/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0001153522 of Texas Mutual Insurance Company effective on 1/22/21 Issued to:LOSSEN BROS INC This is not a bill Authorized representative NCCI Carrier Code:29939 1/20/21 PO Box 12058, Austin, TX 78711-2058 1 of 1texasmutual.com | (800) 859-5995 | Fax (800) 359-0650WC 42 03 04 B