HomeMy WebLinkAbout1999-2395 - Ordinance - 06/24/1999ORDINANCE NO.
AN ORDINANCE GRANTING AMERICAN MEDICAL WASTE MANAGEMENT, INC.,
ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE PRIVILEGE AND USE OF
PUBLIC STREETS, ALLEYS, AND PUBLIC WAYS WITHIN THE CORPORATE LIMITS
OF THE CITY OF COLLEGE STATION FOR THE PURPOSE OF ENGAGING IN THE
BUSINESS OF COLLECTING AND DISPOSAL OF TREATED AND UNTREATED
MEDICAL WASTE FROM VARIOUS HEALTH CARE FACILITIES WITHIN THE CITY
LIMITS; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND
LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING
FOR THE CONSIDERATION; FOR PERIOD OF GRANT; FOR ASSIGNMENT; FOR
METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES AND FOR
PARTIAL INVALIDITY.
WHEREAS, the City of College Station, by ordinance, provides exclusively all treated
and untreated medical waste collection and disposal services for treated and untreated medical
waste generated from within the corporate limits of the City of College Station; and
WHEREAS, the City of College Station may, by ordinance and charter, grant franchises
to other entities for the use of public streets, alleys and thoroughfares within the corporate limits
of CITY and for the collection and disposal of treated and untreated medical wastes generated
from within the corporate limits of the City of College Station; and
WHEREAS, the City of College Station (hereinafter referred to as "CITY"), desires to
grant this franchise to American Medical Waste Management, Inc. (hereinafter referred to as
"COMPANY"), under the terms of this Agreement as set out below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEGE STATION, TEXAS, THAT:
DEFINITIONS
1. Agreement. This contract between the City of College Station and American Medical
Waste Management Waste, Inc. for provision of certain medical waste collection service within
College Station, under certain terms and conditions set out herein.
2. City of College Station. Also referred to as "CITY" in this Agreement.
3. City Council. Also referred to as "Council" denoting the governing body of the City
of College Station.
4. Brazos Valle.}, Solid Waste Management Agency (hereinafter referred to as
"BVSWMA '9. A permitted municipal solid waste facility jointly owned by the Cities of Bryan
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Ordinance No. 2395
and College Station and operated by the City of College Station as authorized by interlocal
agreement.
5. Customers. Those health care related facilities located within the CITY that generate
treated and untreated medical waste.
6. Medical Wastes. Special waste generated by health care related facilities and
associated with health care activities including bulk human blood, blood products,
microbiological wastes, pathological waste and sharps.
7. Treated Medical Waste. Any special waste generated by health care related facilities
and associated with health care activities that has been treated in accordance with the provisions
of 30 TAC 330.1001-.1010. These approved treatment methods include chemical disinfection,
incineration, encapsulation (only for sharps in containers), steam disinfection, thermal
inactivation, chlorine disinfection/maceration and moist heat disinfection.
8. Untreated Medical Waste. Any special waste generated by health care related
facilities and associated with health care activities that has not been treated in accordance with
the provisions of 30 TAC 330.1001-. I010.
9. American Medical Waste Management, Inc. Herein after referred to as
"COMPANY". The party contracting with CITY for provision of certain medical waste
collection service within College Station.
II.
GENERAL DESCRIPTION OF SERVICES
TO BE PROVIDED BY COMMERCIAL WASTE
For and in consideration of the compliance by COMPANY with the covenants and
conditions herein set forth, and the Ordinances and Regulations of the City governing the
collection and disposal of treated and untreated medical waste, CITY hereby grants to
COMPANY a franchise for use of designated public streets, alleys, and thoroughfares within the
corporate limits of City of the sole purpose of engaging in the business of collecting and
disposing of treated and untreated medical waste from various health care related facilities within
the jurisdictional limits of CITY, as approved by the CIS Manager or his delegate.
III.
AUTHORITY FOR COMMERCIAL WASTE TO PROVIDE SERVICE
CITY hereby grants to COMPANY the privilege to collect from various health care
related facilities within the City limits treated and untreated medical waste. COMPANY shall
serve only those customers approved by the CIS Manager or his delegate.
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Ordinance No. 2395
IV.
DISPOSAL SITE TO BE USED
Unless approved otherwise in writing by CITY, COMPANY shall utilize the BVSWMA
landfill located on Rock Prairie Road, College Station or any other site designated by CITY for
its municipal solid waste disposal for disposal of all treated medical waste collected by
COMPANY from within the corporate limits of the City of College Station.
Ve
RATES TO BE CHARGED BY COMPANY
The COMPANY shall charge for the aforementioned services according to the rates set
out in the Schedule of Rates attached hereto as Exhibit "A" and incorporated herein by reference.
The Schedule of Rates may be revised periodically and must be submitted to the CIS Manager or
his delegate upon each revision and will be attached to the original franchise agreement.
VI.
PAYMENTS TO CITY
For and in consideration of the use of designated streets, alleys, and thoroughfares as well
as in consideration of the covenants and agreements contained herein, COMPANY agrees and
shall pay to CITY upon acceptance of this Agreement and thereafter during the term hereof, a
sum equivalent to five percent (5%) of COMPANY's monthly gross delivery and hauling
revenues generated from COMPANY's provision of collecting and disposing of treated and
untreated medical waste services within the CITY. Said payment shall be paid quarterly to the
CITY's Finance Department and shall be due by the twentieth of the month following the end of
the previous quarter. Payment after that date shall involve a ten percent (10%) penalty on the
outstanding amount owed under this article, after written notice by CITY, may constitute Failure
to Perform under this contract and CITY may invoke the provisions of Article XV of this
Agreement (FAILURE TO PERFORM).
VII.
ACCESS TO RECORDS & REPORTING
CITY shall have access to COMPANY's records, billing records of those customers
served by COMPANY and all papers relating to the operation of treated and untreated medical
~vaste collection and disposal with CITY. Access by CITY to COMPANY's records shall be
provided to CITY upon reasonable notice to COMPANY during COMPANY's normal business
hours.
The following records and reports shall be filed monthly with the CIS Manager or his
delegate:
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Ordinance No. 2395
A. Reports of the results of all complaints and investigations received and actions
taken by COMPANY.
Bo
A listing of all COMPANY's accounts served and monthly revenue derived
from collections made in the CITY under the terms of this Agreement. The
reports should include customer's name, address, frequency of pick-up,
number of containers, pounds of waste collected by customer separated by
treated and untreated, and monthly charges.
VIII.
COMPLIANCE
COMPANY agrees to comply with all regulations and ordinances issued by the Texas
Natural Resource Conservation Commission and the City of College Station.
IX.
COMPLAINTS REGARDING SERVICE/SPILLAGE
COMPANY shall deal with and receive directly any complaints pertaining to service
from customers located within CITY. However, any such complaints received by CITY shall be
forwarded to COMPANY within twenty-four (24) hours of their receipt by CITY. COMPANY
shall respond and report to CITY on action taken within this twenty-four (24) hour period which
may subject COMPANY to $25.00 per incident charge from CITY payable with the next
payment due to CITY under Article VI of this Agreement.
COMPANY agrees that during transport all vehicles used by COMPANY shall be
covered to prevent spillage, blowing, or scattering of waste onto public streets or properties
adjacent thereto. All equipment necessary for the performance of this franchise shall be in good
condition and repair. A standby vehicle shall always be available. COMPANY's vehicles shall
at all times be clearly marked with COMPANY's name and TNRCC registration number in
letters not less than three (3) inches in height.
Ne
OBEYANCE OF LAWS
COMPANY agrees that it shall comply with all laws, policies, rules, and regulations of
the United States, State of Texas, BVSWMA, Brazos County and City of College Station with
regard to the collection and disposal of medical waste. All collections made hereunder shall be
made by COMPANY without unnecessary noise, disturbance, or commotion.
Contract No. 99-134
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Ordinance No. 2395
XI.
UNDERSTANDINGS PERTAINING TO NON-EXCLUSIVITY
It is understood by and between the parties that this Agreement constitutes the only
agreement between the parties. It is further understood and agreed that there are no other
agreements between these parties with regard to the collection and disposal of treated and
untreated medical waste in the CITY and that this Agreement does not authorize COMPANY to
utilize the streets, alleys or public ways for any other reason other than to collect and dispose of
treated and untreated medical waste. Both parties agree and understand that nothing in this
agreement conveys to COMPANY an exclusive franchise for the services described in this
Agreement and that this Agreement is non-exclusive.
XII.
OWNERSHIP OF MATERIALS COLLECTED
Sole and exclusive title to all treated and untreated medical waste collected by
COMPANY under this Agreement shall pass to COMPANY when said waste is placed on
COMPANY's truck.
XIII.
CITY SERVICE
COMPANY agrees to provide free service to CITY during periodic City clean-up
campaign and following natural disasters or Acts of God. Said service shall be agreeable to both
COMPANY and CITY.
XIV.
INTERRUPTION OF SERVICE OR DEFAULT
1. Termination of Service. In the event that COMPANY terminates service to any
customer within the CITY's limit for cause, COMPANY must notify CITY through registered
mail within forty-eight (48) hours of termination and state the cause of such termination.
2. Excessive Interruption itt Service. If the COMPANY's interruption in service
continues for a period of seventy-two (72) hours or more, then it may constitute Failure to
Perform under this contract and CITY may invoke the provisions of Article XV of this
Agreement (FAILURE TO PERFORM).
XV.
FAILURE TO PERFORM
It is expressly understood and agreed by the parties that if at any time COMPANY shall
fail to perform any of the terms, covenants, or conditions herein set forth, CITY may after a
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Ordinance No. 2395
hearing as described herein, revoke and cancel the Agreement by and between the parties and
said Agreement shall be null and void. Upon the determination by the staff of CITY that a
hearing should be held before the Council of said CITY, CITY shall mail notice to
COMPANY, at the address designated herein or at such address as may be designated from time
to time, by registered mail. The notice shall specify the time and place of the hearing and shall
include the allegations being asserted for the revocation of this Agreement. The hearing shall be
conducted in public before the City Council and COMPANY shall be allowed to present
evidence and be given an opportunity to answer all reasons for the termination set forth in the
notice. In the event that the Council determines that the allegations set forth are tree as set forth
in the notice it may by majority vote cancel this Agreement between the parties at no penalty to
the CITY.
XVI.
INDEMNIFICATION
COMPANY shall not dispose of any prohibited, special or other hazardous waste at
the BVSWMA landfill except as provided in Section IV of this Agreement. COMPANY is
to indemnify and hold CITY harmless for any disposal of any prohibited material whether
intentional or inadvertent.
COMPANY shall indemnify and hold CITY harmless from any and all injuries to
or claims of adjacent property, owners caused by COMPANY, its agents, employees, and
representatives.
COMPANY agrees to and shall indemnify and hold harmless CITY, its officers,
agents 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 done by COMPANY under this contract, regardless
of whether such injuries, death or damages are caused in whole or in part by the
negligence, including but not limited to the contractual comparative negligence, concurrent
negligence or gross negligence, of CITY.
XVIi.
INSURANCE
COMPANY shall procure and maintain at its sole cost and expense fbr the duration of
the Agreement insurance against claims tbr injuries to persons or damages to property which
may arise from or in connection with the performance of the work hereunder by COMPANY~ its
agents, representatives, volunteers, employees or subcontractors.
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Ordinance No. 2395
COMPANY's insurance coverage shall be primary insurance with respect to the CITY,
its officials, employees and volunteers. Any insurance or self-insurance maintained by the
CITY, its officials, employees or volunteers shall be considered in excess of the COMPANY's
insurance and shall not contribute to it.
COMPANY shall include all subcontractors as additional insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
All Certificates of Insurance and endorsements shall be furnished to the City's
Rel~resentative at the time of execution of this Agreement, attached hereto as Exhibit B,
ana approved by the City before work commences.
A. Standard Insurance Policies Require&
1. Commercial General Liability Policy
2. Automobile Liability Policy
3. Workers' Compensation Policy
B. General Requirements Applicable to all Policies:
I. Only Insurance Carriers licensed and admitted to do business in the State of
Texas will be accepted.
Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
3. "Claims Made" policies will not be accepted.
Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits except after
thirty (30) days prior written notice by certified mail, return receipt requested,
has been given to the City of College Station.
5. Upon request, certified copies of all insurance policies shall be furnished to
the City of College Station.
o
The City of College Station, its officials, employees and volunteers, are to be
added as "Additional Insured" to the General and Business Automobile
Liability policy. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officials, employees or volunteers.
Commercial General Liability
!. General Liability insurance shall be ~vritten by a carrier with an A:VIII or
better rating in accordance with the current Best Key Rating Guide.
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Ordinance No.
2. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily
injury and property damage.
3. Coverage shall be at least as broad as Insurance Service's Office Number CG
00 01.
4. No coverage shall be deleted from the standard policy without notification of
individual exclusions being attached for review and acceptance.
The coverage shall include but not be limited to the following:
premises/operations: independent contracts; products/completed operations:
contractual liability (insuring the indemnity provided herein); and where
exposures exist, "Explosion, Collapse, and Underground" coverage.
A utotnobile Liabilio,
Business Automobile Liability insurance shall be written by a carrier with an
A:VIII or better rating in accordance with the current Best Key Rating Guide.
Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily
injury and property damage.
The Business Auto Policy must show Symbol I in the Covered Autos portion
of the liability section in Item 2 of the declarations page.
4. OPTION - SELECT (a) or (b) {initial)
(a) Either a pollution liability policy with a limit of $500~000 if COMPANY
registers one to seven vehicles or a limit of $1,000.000 if COMPANY
registers more than seven vehicles.
(b) An irrevocable letter of credit made payable to the Texas Natural
Resource Conservation Commission in the following amount:
(1) if COMPANY registers three or less self-contained trucks or
transport vehicles (not tractor-trailer units), a letter for $10,000:
(2) il' COMPANY registers more than three self-contair~ed trucks or
transport vehicle~ (not tractor-trailer units), a letter for $35,000:
(3) ii'COMPANY registers three or less tractor-trailer vehicles, a letter
tbr $25,000; or
(4) it' COMPANY registcrs more than three tractor-trailer vehicles, a
letter for $50,000.
5. COMPANY is responsible for an3' liability costs that exceed the dollar lin'fits
set in this section.
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Contract No. 99- ! 34
Ordinance No. 2395
E. Workers' Compensation
1. Employer's Liability limits of $500,000/$500,000/$500,000 are required.
2. City of College Station shall be named as Alternate Employer on endorsement
WC 99 03 OI unless written through TWCARP.
3. Texas Waiver of Our Right to Recover from Others Endorsement, WC 42 03
04 shall be included in this policy.
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, WY.
F. Certificates of lnsurance
Certificates of Insurance shall be prepared and executed by the insurance company or
its authorized agent, and shall contain the following provisions and warranties:
1. The company is licensed and admitted to do business in the State of Texas.
The insurance policies provided by the insurance company are underwritten
on forms that have been provided by the Texas State Board of Insurance or
ISO.
3. Ail endorsements and insurance coverages according to requirements and
instructions contained herein.
4. The form of the notice of cancellation, termination, or change in coverage
provisions to the City of College Station.
5. Original endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
XVIII.
ASSIGNMENT
This Agreement and the rights and obligations contained herein may not be assigned by
COMPANY without the specific prior written approval of the City Council.
XlV.
SAFETY
COMPANY shall perform the collection and disposal in accordance with applicable
laws, codes, ordinances and regulations of the United States, State of Texas, Brazos County, and
City of College Station and in compliance with OSHA and other laws as they apply to its
employees. It is the intent of the parties that the safety precautions are a part of the collection
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Ordinance No.
and disposal techniques for which COMPANY is solely responsible. In the carrying on of the
work herein provided for, COMPANY shall use all proper skill and care, and COMPANY shall
exercise all due and proper precautions to prevent injury to any property, person or persons.
COMPANY assumes responsibility and liability and hereby agrees to indemnify the City of
College Station from any liability caused by COMPANY's failure to comply with applicable
federal, state or local laws and regulations, touching upon the maintenance of a safe and
protected working environment, and the safe use and operation of machinery and equipment in
that working environment.
XXl
AD VALOREM TAXES
COMPANY agrees to render all personal property utilized in its treated and untreated
medical waste operation services provided to Brazos County Appraisal District so that said
personal property will be the subject of ad valorem taxation for the benefit of CITY.
XXI.
NOTICES
All notices required under the terms of this Contract to be given by either party to the
other shall be in writing, and unless otherwise specified in writing by the respective parties, shall
be sent to the parties at the addresses following:
CITY:
Charlie Shear, CIS Manager
City of College Station
P.O. Box 9960
College Station, Texas 77842
COMPANY:
Bill Soltow, President
American Medical Waste Management, Inc.
P.O. Box 1050
Copperas Cove, Texas 76522
All notices shall be deemed to have been properly served only if sent by Registered or
Certified Mail, to the person(s) at the address designated as above provided, or to any other
person at the address which either party may hereinafter designate by written notice to the other
party
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Ordinance No. 2395
XXII.
AMENDMENTS
It is understood and agreed by the parties to this Agreement that no alternation or
variation to the terms of this Agreement shall be made unless made in writing, approved by both
parties, and attached to this Agreement to become a part hereof.
XXIII.
SEVERABILITY
If any section, sentence, clause or paragraph of this Ordinance is for any reason held to be
invalid or illegal, such invalidity shall not effect the remaining portions of the Ordinance.
XXIV.
AUTHORIZATION TO EXECUTE
The parties signing the Agreement shall provide adequate proof of their authority to
execute this Agreement. The Agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective successors or assigns, but shall not be assignable by either
party without the written consent of the other part)'.
XXV.
TERM OF FRANCHISE
The term of this franchise shall be for a period of five (5)),ears beginning on the 1st day
of Jul). 1999.
XXVI.
ACCEPTANCE OF AGREEMENT
In accordance with CITY OF COLLEGE STATION CITY CHARTER, SECTION 120,
COMPANY shall have sixty (60) days, from and after the final pasage and approval of this
Ordinance, to file its written acceptance thereof with the City Secretary, and upon each
acceptance being filed, this Ordinance shall take effect and be in force from and after the date of
its acceptance, and shall effectuate and make binding the agreement provided by the terms
hereof.
XXVII.
PUBLIC HEARING
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Ordinance No. 2395
It is hereby found and determined that the meetings at which this ordinance was passed
were open to the pubic, as required by TEX^S GOVERNMENT CODE § 551 (Vernon 1999), as
amended, and that advance public notice of time. place, and purpose of said meetings was given.
PASSED. ADOPTED and APPROVED by a majority vote of the City Council of the
City of College Station on this the day of ,1999.
AMERICAN MEDICAL WASTE
MANAGEMENT. INC.
CITY OF COLLEGE STATION
Bill Soltow, Pr(sident
Date: ,5--/9 -q ~
Lyma l~,cllhaney, Mayor
Date: 7/3)7/'7 q '
ATTES'I ·
Connie Hooks. Cit} Secret~;
Date
First Conslderauon and Approval:
Second Consideration and Approval:
Third Consideration and Approval:
APPROVAL:
City Attorney
Date
.~tate
Charles//G~n, Director of Fiscal S~.'rvices
George&e, City Manager
lz-Zlqq
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Ordinance No. 2395
Exhibit "A"
SCHEDULE OF RATES
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260~ EAST HWY. 190
Copperas Cove, Texas 76522
(817) 547-7020 or 1-800-752-5879
American Medical Waste
Price List
1 Box On-Call
1 Box Every Month
I Box Every 2 Weeks
1 Box Every Week
3-8 Boxes Every Week
9+ Boxes Every Week
Immediate Pick-Up
20.00
19.00
17.00
15.75
14.00
13.00
P.O. Box 1050, Copperas Cove, Texas 76522
Ordinance No. 2395
Exhibit "B"
CERTIFICATES OF INSURANCE
Contract No. 99-134
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P~el4
ACORD
T Stewart Insurancm Agency
1~ .9 Memorial Drive, ~200
Houston, TX 77079
281-589-8889
m~ American Medical Waste Managemeztt
CERTIFICATI OF LI[ABILITY INSURA £ 1 07
PO Box 1050
Copperas Cove, T~ 76522
_ 1~4-5~7-~214
ONLY AND ~ONF~R$ NO RIGHTS U~ON TEK CERTX~CATE
ilOLDK~. ~!8 ~CA~ ~ NOT A~, R~ OR
A~'~ ~ ~V~Gg AFl.ED ~Y ~[R ~LlCl~q ~W,
INSU~RS A~ING CO--GE
~A, Fidelity gxces~ and Surpluo
INSUR~m ~reat Texa~ County Mu%ual
~su~c, ~erican Nations] Fifo'Ins. Co.
~Y R~IR~, ~ OR ~DI~N OF ANY ~ ~ ~lflR D~ Wll'll ~ ~ WIIICH ~ C~TIFICATE MAY nl~ I~BO
MAY P~TAIN, ~E IN$URANCB ~UO ~Y ~E ~CI~ D~ H~IN ~ SUBI~ ~ Al J, q~E ~RMS, ~XCI,US{ON$ AND CONDITIONS DP StJ~
~MCI~, A~R~ MMI~ SHOWN MAY HAVR B~ ~ ~Y PAID ~Al~,
,~R ~f~M~ ~MCY EXrI~,~ON
~Ac. ~cwz~.c~. ~ ~00, 00O~
A 8FP01714 09/18/9~ 09/18/99 t~oaau a ~ tmu~ i~500,000
G~'~ A~R~A~ ~W A~ PERt PP~DUt~. (~rtOP A~ S I nc 1 ud~ d
*sY ~ (~, ~a) s 1, 0 0 0, 0 0 0
A~ ~N~ A~8 UODILY ]mURY
~ 8CH~U~ A~S (~
~ HIR~ A~ ~ 02290369 12/16/98 12/16/99 ' ~mU,Y INJURY
~ Pollution ~BRTY DAMAOR I $
~A~GB ~&~]~ AtI~ ONLY, ~ AC~J~R~
A%~ ONLYL hOG
~X~ MABlbl~ ~ACH ~CUK~
~' ~""~ W02290404 07/15/99 0~/15/00 ,.~ ~. ,c~m~'t' sS00,000
Workers Co~pensatio~ policy izloludes n Waiver of Sub=ogation in favor of
Certificate holder. Certificate holder Is included a~ addlt~onal j. nsu~od on
General Liabil~ty and AutOmobile Liability policies
City of Co31ege Station
PO Box 99~0
College Station, TX 7784~
A~ORD 25-S
NH(HILl) ANY OF THK ABOV~ DE~f~'RIIIP.,D POLICIES iw, ~AN~S.LF~ REFOII~ TIlE I~;I'IRATION ]
J
IM~ ~ ~T,I(;AlION; LIA~IJ~ UF ANY ~ ~N ~IR I~U~R; J~ A~K~ OR
C *A8*12/17/98*TBA2290369-00
0285164
J l~ GREAT -~MERICAN INSURANCE COMP. ~
· Subsidiaries of American Fmancial Corporation
m 580 WALNUT STREET, CINCINNATI, OHIO 45202
lit BUS I NESSPRO BUS I NESS AUTO
COVERAGE FORM DECLARATIONS
ITEM ONE
ORIGINAL COPY
TE 80 10 (Ed. 10 94)
Policy No. TBA 2-29-03-69 00
Renewal Of
NAMED INSURED AND ADDRESS:
AMERICAN MEDICAL WASTE MGMT
P.O.BOX 1050
COPPERAS COVE, TX
76522
POLICY PERIOD:
12:01 A.M. Standard Time at the
address of the Named Insured
from 12/16/98 to 12/16/99
IN RETURN FOR PAYMENT OF THE PREMIUM,
AND SUBJECT TO ALL TERMS OF THIS
POLICY. WE AGREE WITH YOU TO PROVIDE
THE INSURANCE AS STATED IN THIS
POLICY
AGENT'S NAME AND ADDRESS:
SPECIALTY UNDERWRITERS, INC.
9800 CENTRE STE 200
HOUSTON TX 77036
POLICY ALTERNATE MAILING ADDRESS:
Insurance is afforded in the
GREAT TEXAS COUNTY
MUTUAL INSURANCE COMPANY
(A Texas County Mutual)
Form of Business:
IT TWO
Corporation (
Other
Partnership (
SCHEDULE OF COVERAGES AND COVERED AUTOS
) Individual
This policy provides only those coverages where a charge is shown in the
premium column below. Each of these coverages will apply only to those "autos"
shown as covered "autos." "Autos" are shown as covered "autos" for a particu-
lar coverage by the entry of one or more of the symbols from the COVERED "AUTO"
Section of the Business Auto Coverage Form next to the name of the coverage.
* LIMIT
Coverages Covered The Most We Will Pay For Premium
Autos Any One Accident o.r Loss
LIABILITY (COMBINED LIABILITY) 7,8,9 $ 1,000,050 5,805
PERSONAL INJURY PROTECTION 5 $ 2,550 195
AUTO MEDICAL PAYMENTS $
UNINSURED MOTORISTS/
UNDERINSURED MOTORISTS 6 See TE 04 09D (05194) 510
Stated Amount $
INSURERS ARE ~EQUIRED TO PRO'/IDE THEIR Actual cash value or cost of
POLICYtiOLOERS WITH CEFl'r~;~
Pi~EV21;'I:C.;,; ~::~., ~;. · 4 ACCIDENT repai r, whichever is less,
~,~l ,',~," .- . · ~" '~"';~ONAL MINUS $ 1,050 Ded. for
PH' '~CAJ- ~GE:~'' "$(';". '~ '~" ~ "' ' ~C£;ON each Covered "Auto" but no
CC. ,~~I~'~AGE:'~O~-' ;..'y' ~l.,,,~,,. ~ deduct ible applies to "Loss" 2 123
caused by fire or lightning·
UT /~VAILABLE See ITEM FOUR for hired or
SERVICES, PLEASECALL1.800.352.1t16. borrowed "autos."
BUSINESSPRO (Rrm Il ~ Pat ~ff I
C *A8* 12 / 17/98*TBA2290369-00
0285164
[GREAT AMERICAN INSURANCE COMPANIES®
Subs;diaries of American Financial Corporation
580 WALNUT STREET, CINCINNATI, OHIO 45202
ORIGINAL COPY
IL 00 21
(Ed. O4 98)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
(Broad Form)
This
endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT
OF TRANSPORTATION
UNDERGROUND STORAGE TANK POLICY
1. The insurance does not apply:
A. Under any Liability Coverage, to "bodily in-
jury" or "property damage:"
{1)
with respect to which an "Insured" un-
der the policy is also an Insured under
a nuclear energy liability policy issued
by Nuclear Energy Liability Insurance
Association, Mutual Atomic Energy Li-
ability Underwriters, Nuclear Insurance
Association of Canada or any of their
successors, or would be an Insured
under any such policy but for its ter-
mination upon exhaustion of its limit of
liability; or
(2)
resulting from the "hazardous prop-
erties" of "nuclear material" and with
respect to which (a) any person or
organization is required to maintain fi-
nancial protection pursuant to the
Atomic Energy Act of 1954, or any
law amendatory thereof, or (b) the "In-
sured'' is, or had this policy not been
issued would be, entitled to indemnity
from the United States of America, or
any agency thereof, under any agree-
ment entered into by the United States
of America, or any agency thereof,
with any person or organization.
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily
injury" resulting from the "hazardous
properties" of "nuclear material" and aris-
ing out of the operation of a "nuclear fa-
cility'' by any person or organization.
C. Under any Liability Coverage, to "bodily in-
jury" or "property damage" resulting from
"hazardous properties" of "nuclear mate-
rial," if:
(1) the "nuclear material" (a) is at any "nu-
clear facility" owned by, or operated
by or on behalf of, an "Insured" or (b)
has been discharged or dispersed
therefrom;
Copyright, Insurance Services Office, Inc., 1997
C *A8*12/17/98*TBA2290369-00
0285164
ORIGINAL COPY
I I THREE
SCHEDULE OF COVERED AUTOS YOU OWN (Parts A,B,C & D!
DESCRIPTION, TERRITORY, CLASSIFICATION, and COVERAGES ON AUTOS YOU OWN.
Including additions, changes and deletions.
For Limits of Liability or deductibles applicable to each coverage ("COVER-
AGES") not shown on this Schedule, see ITEM TWO or attached endorsement(s).
DATE OF THIS SCHEDULE: 12 I 16 / 98
A DESCRIPTION
Original Garaging Location
Veh Year Trade Body Serial Number Cost-New ST-Zip Territory
No. Model Name Type or VIN
1999 FORD PU 46805 27000 TX 063
1995 FORD PU B62213 20000 TX 063
1996 FORD PU B73047 22000 TX 063
1997 FORD PU A71022 26451 TX 063
997 FORD PU A32284 26500 TX 063
CLASSIFICATION
VEHICLE CHANGE ENDS REFERENCES
(o/t Additions or Deletions)
(Endorsement Date or Seq. No.)
001
002
003
004
005
B
Ve
0~,.
002
003
004
0O5
Radius GVW,GCW Age Rating Factor Class
Of Opr Use Seating Grp! Liab Phy Dam Code
100 C 10000 1 2.05 1.90 03559
100 C 10000 5 2.05 1.90 03559
100 C 10000 4 2.05 1.90 03559
100 C 10000 3 2.05 1.90 03559
100 C 10000 3 2.05 1.90 03559
C COVERAGES
Date Date Added
Veh Vehicle If Not At Liab Med Pay PIP Added PPI
No. Deleted Inception Loss Payee- Premium Premium Premium PIP Premium
001
002
003
004
005
D
SEE TE8802 1142.O0 39
1142.O0 39
1142.00 39
1142.O0 39
1142.00 39
COVERAGES (Continued)
Veh Un-Under Ins. Towing
No. Motorist & Labor
Other Than Col I ision Col l ision
Desorip.I Deduct.I Limit I Premium Deduct. I Premium
001 102 COMP 1050 ACV 818 1050 315
002 102 COMP 1050 ACV 177 1050 146
0P' 102 COMP 1050 ACV 226 1050 172
O, 102 COMP 1050 ACV 451 1050 251
005 102 COMP 1050 ACV 451 1050 251
* Except for Towing, all Physical Damage Loss is payable to you and the Loss
Payee per attached endorsement as interests may appear at the time of the loss.
BUSINESSPRO (Rea U S. Pat ~ff I
C *A8*12/17/98*TBA2290369-00
0285164
L580 WALNUT STREET, CINCINNATI, OHIO 45202
ORIGINAL COPY
TE 00 01
Ed. Effective 03/92
BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations.
The words "we," "us" and "our" refer to the Company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V -
DEFINITIONS.
SECTION I - COVERED AUTOS
Item Two of the Declarations shows the "autos"
that are covered "autos" for each of your cov-
erages. The following numerical symbols describe
the "autos" that may be covered "autos." The sym-
bols entered next to a coverage on the Declara-
tions designate the only "autos" that are covered
"autos."
A. DESCRIPTION OF COVERED AUTO DESIG-
NATION SYMBOLS
Symbol Description
1 = Any "Auto."
2 ~
Owned "Autos" Only. Only those "autos"
you own (and for Liability Coverage any
"trailers" you don't own while attached to
power units you own). This includes those
"autos" you acquire ownership of after the
policy begins.
Owned Private Passenger "Autos" Only.
Only the private passenger "autos" you
own This includes those private passenger
"autos" you acquire ownership of after the
policy begins.
Owned "Autos" Other Than Private Pas-
senger "Autos" Only. Only those "autos"
you own that are not of the private pas-
senger type (and for Liability Coverage any
"traiters" you don't own white a'ctsched to
power units you owr~ 't'his inctudes those
"autos" not of the private passener type
you acquire ownership of after the policy
begins.
5 ~
Owned "Autos" Subject To No-Fault.
Only those "autos" you own that are re-
quired to have No-Fault benefits in the
state where they are licensed or princi-
pally garaged. This includes those "autos"
you acquire ownership of after the policy
begins provided they are required to have
No-Fault benefits in the state where they
are licensed or principally garaged.
6 ='
Owned "Autos" Subject To A Compul-
sow Uninsured Motorists Law. Only
those "autos" you own that, because of
the law in the state where they are li-
censed or principally garaged, are required
to have and cannot reject Uninsured Mo-
torists Coverage. This includes those
"autos" you acquire ownership of after the
policy begins provided they are subject to
the same state uninsured motorists re-
quirement.
7 [] Specifically Described "Autos." Only
those "autos" described in Item Three of
the Declarations for which a premium
charge is shown (and for Liability Cov-
erage any "trailers" you don't own while
attached to any power unit described in
Item Three).
C *A8* 12 / 17/98*TBA2290369- 00
02851 64
ORIGINAL COPY
8 --
Hired "Autos" Only. Only those "autos"
you lease, hire, rent or borrow. This does
not include any "auto" you lease, hire, rent,
or borrow from any of your employees
or partners or members of their house-
holds.
9 --
Nonowned "Autos" Only. Only those
"autos" you do not own, lease, hire, rent
or borrow that are used in connection
with your business. This includes "autos"
owned by your employees or partners or
members of their households but only
while used in your business or your per-
sonal affairs.
B. OWNED AUTOS YOU ACQUIRE AFTER THE
POLICY BEGINS
If Symbols 1, 2, 3, 4, 5 or 6 are entered
next to a coverage in Item Two of the
Declarations, then you have coverage for
"autos" that you acquire of the type de-
scribed for the remainder of the policy
period.
But, if Symbol 7 is entered next to a cov-
erage in Item Two of the Declarations, an
"auto" you acquire will be a covered "auto"
for that coverage only if:
we already cover all "autos" that you
own for that coverage or it replaces
an "auto" you previously owned that
had that coverage; and
you tell us within 30 days after you
acquire it that you want us to cover it
for that coverage.
C. CERTAIN TRAILERS, MOBILE EQUIPMENT
AND TEMPORARY SUBSTITUTE AUTOS
If Liability Coverage is provided by this Cov-
erage Form, the following types of vehicles
are also covered "autos" for Liability Coverage
without specific description:
"Trailers" with a load capacity of 2,000
pounds or less designed primarily for
travel on public roads.
"Trailers" designed for use with and being
pulled by a private passenger "auto," pic-
kup or van if the "trailer" is not customar-
ily used for business purposes with an-
other type "auto."
3. "Mobile equipment" while being carried or
towed by a covered "auto."
Any "auto" you do not own while used
with the permission of its owner as a
temporary substitute for a covered "auto"
you own that is out of service because of
its:
a. breakdown;
b. repair;
¢. servicing;
d. "loss"; or
e. destruction.
SECTION II - LIABILITY COVERAGE
COVERAGE
We will pay all sums an "Insured" legally must
pay as damages because of "bodily injury" or
"property damage" to which this insurance ap-
plies, caused by an "accident" and resulting
from the ownership, maintenance or use of a
covered "auto."
We have the right and duty to defend any
"suit" asking for these damages. However, we
have no duty to defend "suits" for "bodily
injury" or "property damage" not covered by
this Coverage Form. We may investigate and
settle any claim or "suit" as we consider ap-
propriate. Our duty to defend or settle ends
when the Liability Coverage Limit of Insurance
has been exhausted by payment of judgments
or settlements.
1. Who Is An Insured
The following are "lnsureds":
e. You for any covered "auto."
C *A8* 12 / 17/98*TBA2290369-00
02851 64
ORIGINAL COPY
b. Anyone else while using with your
permission a covered "auto" you own,
hire or borrow except
(1)
The owner of a covered "auto"
you hire or borrow from one of
your employees or a member of
his or her household.
(2)
Someone using a covered "auto"
while he or she is working in a
business of selling, servicing, re-
pairing or parking "autos" unless
that business is yours.
(3)
Anyone other than your employ-
ees, partners, a lessee or bor-
rower or any of their employees,
while moving property to or from
a covered "auto."
(4)
A partner of yours for a covered
"auto" owned by him or her or a
member of his or her household.
Anyone liable for the conduct of an
"Insured" described above but only to
the extent of that liability. However,
the owner or anyone else from whom
you hire or borrow a covered "auto" is
an "Insured" only if that "auto" is a
"trailer" connected to a covered "auto"
you own.
2. Coverage Extensions
s. Supplementary Payments. In addition
to the Limit of Insurance, we will pay
for the "insured":
(1) All expenses we incur.
(3)
Up to $250 for the cost of bail
bonds (including bonds for related
traffic law violations) required
because of an "accident" we cov-
er. We do not have to furnish
these bonds.
(3)
The cost of bonds to release at-
tachments in any "suit" we defend,
but only for bond amounts within
our Limit of Insurance.
(4)
All reasonable expenses incurred
by the "Insured" at our request,
including actual loss of earnings
up to $100 a day because of time
off from work.
(5) All costs taxed against the "In-
sured'' in any "suit" we defend.
All interest on the full amount of
any judgment that accrues after
entry of the judgment in any "suit"
we defend; but our duty to pay
interest ends when we have paid,
offered to pay or deposited in
court the part of the judgment
that is within our Limit of Insur-
ance.
b. Out of State Coverage Extensions
While a covered "auto" is away from
the state where it is licensed we will:
(1)
Increase the Limit of Insurance
for Liability Coverage to meet the
limit or limits specified by a com-
pulsory or financial responsibility
law in the jurisdiction where the
covered "auto" is being used.
Provide the minimum amounts and
types of other coverages, such
as no-fault, required of out of
state vehicles by the jurisdiction
where the covered "auto" is being
usecL
We will not pay anyone more than
once for the same elements of loss
because of these extensions.
B. EXCLUSIONS
This insurance does not apply to any of the
following:
1. Expected Or Intended Injury
"Bodily injury" or "property damage" ex-
pected or intended from the standpoint of
the "Insured."
2. Contractual
Liability assumed under any contract or
agreement.
C "A8"12/17/98"TBA2290369-00
0285164
ORIGINAL COPY
But this exclusion does not apply to liablity
for damages:
a. assumed in a contract or agreement
that is an "insured contract~'; or
b. that the "Insured" would have in the
absence of the contract or agreement.
3. Workers Compensation
Any obligation for which the "Insured" or
the "Insured's" insurer may be held liable
under any workers compensation, disabil-
ity benefits or unemployment compensa-
tion law or any similar law.
4. Employee Indemnification And
Employer's Liability
"Bodily injury" to:
an employee of the "Insured" arising
out of and in the course of employ-
ment by the "Insured"; or
the spouse, child, parent, brother or
sister of that employee as a conse-
quence of Paragraph s. above.
This exclusion applies:
(1)
whether the "Insured" may be lia-
ble as an employer or in any other
capacity; and
to any obligation to share dam-
ages with or repay someone else
who must pay damages because
of the injury.
But this exclusion does not apply to
"bodily injury" to domestic employees
not entitled to workers compensation
benefits or to liability assumed by the
"Insured" under an "insured contract."
5. Fellow Employee
"Bodily injury" to any fellow employee of
the "Insured" arising out of and in the
course of the fellow employee's employ-
ment
6. Care, Custody Or Control
"Property damage" to property owned or
transported by the "Insured" or in the "ln-
sured's" care, custody or control. But this
exclusion does not apply to liability as-
sumed under a sidetrack agreement.
7. Handling Of Property
"Bodily injury" or "property damage" re-
sulting from the handling of property:
before it is moved from the place
where it is accepted by the "Insured"
for movement into or onto the cov-
ered "auto," or
ba
after it is moved from the covered
"auto" to the place where it is finally
delivered by the "Insured."
Movement Of Property By Mechanical
Device
"Bodily injury" or "property damage" re-
sulting from the movement of property by
a mechanical device (other than a hand
truck) unless the device is attached to the
covered "auto."
Operations
"Bodily injury" or "property damage" aris-
ing out of the operation of any equipment
listed in Paragraphs 6.b. and 6.c. of the
definition of "mobile equipment."
10. Completed Operations
"Bodily injury" or "property damage" aris-
ing out of your work after that work has
been completed or abandonec[
In this exclusion, your work means:
a. work or operations performed by you
or on your behalf; and
b. materials, parts or equipment furnished
in connection with such work or op-
erations.
Your work includes warranties or repre-
sentations made at any time with respect
to the fitness, quality, durability or perfor-
mance of any of the items included in
Paragraphs e. or b. above.
C *AS*12/17/98*TBA2290369-00
0285164
Your work will be deemed completed at
the earliest of the following times:
When all of the work called for in
your contract has been completed.
(2)
When all of the work to be done at
the site has been completed if your
contract calls for work at more than
one site.
(3)
When that part of the work done at a
job site has been put to its intended
use by any person or organization
other than another contractor or sub-
contractor working on the same pro-
ject
Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.
11. Pollution
a. "Bodily injury" or "property damage"
arising out of the actual, alleged or
threatened discharge, dispersal, re-
lease or escape of pollutant~
(1) That are, or that are contained in
any property that is:
(a)
being transported or towed
by, or handled for movement
into, onto or from, the cov-
ered "auto";
(b) otherwise in the course of
transit; or
(o)
being stored, disposed of,
treated or processed in or
upon the covered "auto";
(2)
Before the pollutants or any
property in which the pollutants
are contained are moved from the
place where they are accepted by
the "Insured" for movement into
or onto the covered "auto"; or
(3)
After the pollutants or any prop-
erty in which the pollutants are
contained are moved from the
covered "auto" to the place where
ORIGINAL COPY
they are finally delivered, dis-
posed of or abandoned by the
"Insured."
Paragraph a.(1)(c) does not apply to
fuels, lubricants, fluids, exhaust gases
or other similar pollutants that are
needed for or result from the normal
electrical, hydraulic or mechanical
functioning of the covered "auto" or
its parts, if:
(1)
the pollutants escape or are dis-
charged, dispersed or released
directly from an "auto" part de-
signed by its manufacturer to
hold, store, receive or dispose of
such pollutants; and
(2)
the "bodily injury" or "property
damage" does not arise out of the
operation of any equipment listed
in Paragraphs 6. b. and 6.o. of the
definition of "mobile equipment."
Paragraphs a.(2) and a.(3) of this ex-
clusion do not apply if:
(1)
the pollutants or any property in
which the pollutants are contained
are upset, overturned or damaged
as a result of the maintenance or
use of a covered "auto"; and
(2)
the discharge, dispersal, release
or escape of the pollutants is
caused directly by such upset,
overturn or damage.
Any loss, cost or expense arising out
of any governmental direction or re-
quest that you test for, monitor, clean
up, remove, contain, treat, detoxify or
neutralize pollutants.
Pollutants means any solid, liquid, gas-
eous or thermal irritant or contaminant,
including smoke, vapor, soot, fumes,
acids, alkalis, chemicals and waste.
Waste includes materials to be recycl-
ed, reconditioned or reclaimed.
12. War
"Bodily injury" or "property damage" due
to war, whether or not declared, or any
act or condition incident to war. War in-
C *A8*12/17/98*TBA2290369-O0
0285164
ORIGINAL COPY
cludes civil war, insurrection, rebellion or
revolution. This exclusion applies only to
liability assumed under a contract or
agreemen[
C. LIMIT OF INSURANCE
If separate Limits of Insurance for bodily in-
jury and property damage liability are shown
in the Schedule or in the Declarations for this
coverage regardless of the number of cov-
ered "autos," "lnsureds," premiums paid, claims
made or vehicles involved in the "accident,"
the Limit of Insurance is as follows:
The most we will pay for all damages
resulting from "bodily injury" to any one
person caused by any one "accident" is the
limit of Bodily Injury Liability shown in the
Schedule or in the Declarations for each
person.
Subject to the limit for each person, the
most we will pay for all damages resulting
from "bodily injury" caused by any one
"accident" is the limit of Bodily Injury Li-
ability shown in the Schedule or in the
Declarations for each "accident."
=
The most we will pay for all damages
resulting from "property damage" caused
by any one "accident" is the limit of Prop-
erty Damage Liability shown in the Sched-
ule or in the Declarations.
If the Limit of Insurance shown in the Sched-
ule or in the Declarations for this coverage is
for combined bodily injury and property dam-
age liability regardless of the number of cov-
ered "autos," "lnsureds," premiums paid, claims
made or vehicles involved in the "accident,"
the most we will pay for all damages resulting
from any one "accident" is the Limit of Insur-
ance for Liability Coverage shown in the
Schedule or in the Declarations.
All "bodily injury" and "property damage" re-
sulting from continuous or repeated exposure
to substantially the same conditions will be
considered as resulting from one "acciden['
SECTION III - PHYSICAL DAMAGE
A. COVERAGE
1. We will pay for "loss" to a covered "auto"
or its equipment under:
a. Comprehensive Coverage. From any
cause except
(1) the covered "auto's" collision with
another object; or
(2) the covered "auto's" overturn.
b. Specified Causes of Loss Coverage.
Caused by:
(1) fire, lightning or explosion;
(2) theft;
(3) windstorm, hail or earthquake;
(4) flood;
(5) mischief or vandalism; or
(6) The sinking, burning, collision or
derailment of any conveyance
transporting the covered "auto."
c. Collision Coverage. Caused by:
(1) fl3e covered "auto's" collision with
another object: or
(2) the covered ';auto's" overturn.
2. Towing
We will pay up to the limit shown in the
Declarations for towing and labor costs
incurred each time a covered "auto" of the
private passenger type is disabled. How-
ever, the labor must be performed at the
place of disablement.
3. Glass Breakage - Hitting a Bird or
Animal - Falling Objects or Missiles
We will pay for glass breakage, "loss"
caused by hitting a bird or animal or by
falling objects or missiles under Compre-
hensive Coverage if you carry Compre-
C *A8* 12 / 17/98*TBA2290369-00
0285164
ORIGINAL COPY
hensive Coverage for the damaged cov-
ered "auto." However, you have the option
of having glass breakage, caused by a
covered "auto's" collision or overturn or if
"loss" is caused by contact with a bird or
animal, considered a "loss" caused by col-
lisior~
Coverage Extension. We will also pay up
to $20 per day to a maximum of $600 for
transportation expense incurred by "you"
because of the total theft of a covered
"auto" of the private passenger type. We
will pay only for those covered "autos"
for which you carry either Comprehensive
or Specified Causes of Loss Coverage or
Theft Coverage. We will pay for trans-
portation expenses incurred during the
period beginning 48 hours after the theft
and ending, regardless of the policy's ex-
piration, when the covered "auto" is re-
turned to use or we pay for its "loss."
B. EXCLUSIONS
1. We will not pay for "loss" caused by or
resulting from any of the following. Such
"loss" is excluded regardless of any other
cause or event that contributes concur-
rently or in any sequence to the "loss."
a. Nuclear Hazard
(1)
the explosion of any weapon em-
ploying atomic fission or fusion;
or
nuclear reaction or radiation, or
radioactive contamination, how-
ever caused.
b. War
or Military Aotion
war, including undeclared or civil
war;
warlike action by a military force,
including action in hindering or
defending against an actual or ex-
pected attack, by any govern-
ment, sovereign or other author-
ity using military personnel or
other agents; or
(3) insurrection, rebellion, revolution,
usurped power or action taken by
governmental authority in hinder-
ing or defending against any of
these.
2. Other Exclusions
e. We will not pay for "loss" to any of
the following:
(1)
Stereos, radios, tape decks or
other sound reproducing equip-
ment unless permanently installed
in a covered "auto."
(2)
Tapes, records or other sound
reproducing devices designed for
use with sound reproducing
equipment.
(3)
Sound receiving equipment de-
signed for use as a citizens' band
radio, two-way mobile radio or
telephone or scanning monitor
receiver, including its antennas
and other accessories, unless
permanently installed in the dash
or console opening normally used
by the "auto" manufacturer for
the installment of a radio.
(4)
"Loss" to any custom furnishings
or equipment in or upon any
pick-up, van or motorhome.
Custom furnishings or equipment
include but are not limited to:
(i)
special Carpeting and insula-
tion, furniture, bars or tele-
vision receivers;
(ii) facilities for cooking and
sleeping;
(iii) height-extending roofs; or
(iv) custom murals, paintings or
other decals or graphics.
This exclusion does not apply if
the value of the custom furnish-
ings or equipment has been re-
ported to us prior to a "loss" and
included in the premium for this
coverage.
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0285164
ORIGINAL COPY
(5) When in or upon any motorhome
or "trailer," "loss" to:
(i) TV antennas;
(ii) awnings or cabanas; or
(6)
(iii) equipment designed to cre-
ate additional living facilities.
"Loss" to any device or instrument
used for detection of radar or
other speed measuring equipment.
"Loss" due to or as a conse-
quence of a seizure of a covered
"auto" by federal or state law en-
forcement officers as evidence in
a case against you under the Tex-
as Controlled Substances Act or
the federal Controlled Substances
Act if you are convicted in such
case.
b. We will not pay for "loss" caused by
or resulting from any of the following
unless caused by other "loss" that is
covered by this insurance:
(1) Wear and tear, freezing, me-
chanical or electrical breakdown.
(2) Blowouts, punctures or other
road damage to tires.
C. LIMIT OF INSURANCE
The most we will pay for "loss" in any one
"accident' is the smallest of the following
amounts:
1. The amount stated in the Declarations of
the policy.
2. The actual cash value of the damaged or
stolen property at the time of the "loss."
The cost of repairing or replacing the
damaged or stolen property with other of
like kind and quality.
However, the most we will pay for stereos,
radios, tape decks or other sound-reproduc-
ing equipment (excluding citizens' band radio,
two-way mobile radio or telephone or scan-
ning monitor receiver) is $1,500.
D. DEDUCTIBLE
For each covered "auto," our obligation to pay
for, repair, return or replace damaged or sto-
len property will be reduced by the applicable
deductible shown in the Declarations.
SECTION IV - BUSINESS AUTO CONDITIONS
The following conditions apply in addition to the
Common Policy Conditions:
A. LOSS CONDITIONS
1. Appraisal For Physical Damage Loss
If you and we disagree on the amount of
"loss," either may demand an appraisal of
the "loss." In this event, each party will
select a competent appraiser. The two ap-
praisers will select a competent and im-
partial umpire. The appraisers will state
separately the actual cash value and
amount of "loss." If they fail to agree, they
will submit their differences to the umpire.
A dec~si~x~ a~'ee~ to ~¥ any two w~tt be
binding. Each party will:
e. pay its chosen appraiser; and
b. bear the other expenses of the ap-
praisal and umpire equally.
If we submit to an appraisal, we will still
retain our right to deny the claim.
2. Duties In The Event Of Accident, Claim,
Suit Or Loss
a. In the event of "accident," claim, "suit"
or "loss," you must give us or our
authorized representative prompt no-
tice of the "accident" or "loss." Include:
(1) how, when and where the "ac-
cident' or "toss" occurred;
(2) the "Insured's" name and address;
and
TI= t'tO t~l I1=:~ ~fQOI ¥~
C *A8*12117198*TBA2290369-O0
O285164
ORIGINAL COPY
(3) to the extent possible, the names
and addresses of any injured
persons and witnesses.
If we show that your failure to provide
notice prejudices our defense, there is
no liability coverage under the policy.
b. Additionally, you and any other in-
volved "Insured" must
(1)
Assume no obligation, make no
payment or incur no expense
without our consent, except at
the "Insured's" own cost
(2)
Immediately send us copies of
any demand, notice, summons or
legal paper received concerning
the claim or "suit"
(3)
Cooperate with us in the inves-
tigation, settlement or defense of
the claim or "suit."
Authorized us to obtain medical
records or other pertinent infor-
mation.
Submit to examination, at our ex-
pense, by physicians of our
choice, as often as we reasonably
require.
c. If there is "loss" to a covered "auto" or
its equipment you must also do the
following:
(1) Promptly notify the police if the
covered "auto" or any of its
equipment is stolen.
Take all reasonable steps to pro-
tect the covered "auto" from fur-
ther damage. Also keep a record
of your expenses for consider-
ation in the settlement of the
claim.
(3)
(4)
Permit us to inspect the covered
"auto" and records proving the
"loss" before its repair or dis-
position.
Agree to examinations under oath
at our request and give us a
signed statement of your an-
swers.
d. Submit a sworn proof of "loss" when
required by us.
3. Legal Action Against Us
No one may bring a legal action against us
under this Coverage Form until:
a. there has been full compliance with all
the terms of this Coverage Form; and
under Liability Coverage, we agree in
writing that the "Insured" has an ob-
ligation to pay or until the amount of
that obligation has finally been deter-
mined by judgment after trial. No one
has the right under this policy to bring
us into an action to determine the "ln-
surec~s" liability.
4. Loss Payment - Physical Damage
Coverages
At our option we may.
a. pay for, repair or replace damaged or
stolen property;
return the stolen property, at our ex-
pense. We will pay for any damage
that results to the "auto" from the
theft; or
take all or any part of the damaged or
stolen property at an agreed or ap-
praised value.
5. Transfer Of Righta Of Recovery Against
Others To Us
If any person or organization to or for
whom we make payment under this Cov-
erage Form has rights to recover damages
from another, those rights are transferred
to us. That person or organization must do
everything necessary to secure our rights
and must do nothing after "accident~' or
"loss" to impair therrL
B. GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the "Insured"
or the "Insured's" estate will not relieve us
of any obligations under this Coverage
Form.
C -A8* 12 / 17198*TBA2290369-O0
0285164
ORIGINAL COPY
Conoealment, Misrepresentation Or
Fraud
This Coverage Form is void in any case of
fraud by you relating to it. It is also void if
you intentionally conceal or misrepresent a
material fact concerning:
e. this Coverage Form;
b. the covered "auto;" or
c. your interest in the covered "auto."
3. Liberalization
If we revise this Coverage Form to pro-
vide more coverage without additional
premium charge, your policy will auto-
matically provide the additional coverage
as of the day the revision is effective in
your state.
No Benefit To Beilee - Physical Damage
Coverages
We will not recognize any assignment or
grant any coverage for the benefit of any
person or organization holding, storing or
transporting property for a fee regardless
of any other provision of this Coverage
Form.
5. Other Insuren¢=e
For any covered "auto" you own, this
Coverage Form provides primary in-
surance. For any covered "auto" you
don't own, the insurance provided by
this Coverage Form is excess over any
other collectible insurance. However,
while a covered "auto" which is a
"trailer" is connected to another ve-
hicle, the Liability Coverage this Cov-
erage Form provides for the "trailer"
is:
(1) Excess while it is connected to a
motor vehicle you do not own
(2) Primary while it is connected to a
covered "auto" you own.
b. Regardless of the provisions of Para-
graph e. above, this Coverage Form's
Liability Coverage is primary for any
liability assumed under an "insured
contract"
When this Coverage Form and any
other Coverage Form or policy covers
on the same basis, either excess or
primary, we will pay only our share.
Our share is the proportion that the
Limit of Insurance of our Coverage
Form bears to the total of the limits of
all the Coverage Forms and policies
covering on the same basis.
6. Premium Audit
The estimated premium for this Cov-
erage Form is based on the exposures
you told us you would have when this
policy began We will compute the fi-
nal premium due when we determine
your actual exposures. The estimated
total premium will be credited against
the final premium due and the first
Named Insured will be billed for the
balance, if any. If the estimate total
premium exceeds the final premium
due, the first Named Insured will get a
refund.
If this policy is issued for more than
one year, the premium for this Cov-
erage Form will be computed annually
based on our rates or premiums in
effect at the beginning of each year of
the policy.
7. Policy Period, Coverage Territory
Under this Coverage Form, we cover "ac-
cidents" and "losses" occurring:
s. during the policy period shown in the
Declarations; and
b. within the coverage territory.
The coverage territory is:
a. the United States of America;
b. the territories and possessions of the
United States of America;
c. Puerto Rico; and
d. Caned&
We also cover "loss" to, or "accidents"
involving a covered "auto" while being
transported between any of these places.
C *A8*12/17/98*TBA2290369-00
0285164
ORIGINAL COPY
Two Or More Coverage Forms Or
Policies Issued By Us
If this Coverage Form and any other Cov-
erage Form or policy issued to you by us
or any company affiliated with us apply to
the same "accident," the aggregate maxi-
mum Limit of Insurance under all the Cov-
erage Forms or policies shall not exceed
the highest applicable Limit of Insurance
under any one Coverage Form or policy.
This condition does not apply to any Cov-
erage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage
Form.
SECTION V - DEFINITIONS
"Accident" includes continuous or repeated
exposure to the same conditions resulting in
"bodily injury" or "property damage."
"Auto" means a land motor vehicle, trailer or
semitrailer designed for travel on public roads
but does not include "mobile equipment."
"Bodily injury" means bodily injury, sickness or
disease sustained by a person including death
resulting from any of these.
"Insured" means any person or organization
qualifying as an "Insured" in the Who Is An
Insured Provision of the applicable coverage.
Except with respect to the Limit of Insurance,
the coverage afforded applies separately to
each "Insured" who is seeking coverage or
against whom a claim or "suit" is brought.
E. "insured contract" means:
1. a lease of premises;
2. a sidetrack agreement;
an easement or license agreement in con-
nection with vehicle or pedestrian private
railroad crossings at grade;
any other easement agreement, except in
connection with construction or demoli-
tion operations on or within 50 feet of a
railroad;
an indemnification of a municipality as re-
quired by ordinance, except in connection
with work for a municipality;
that part of any other contract or agree-
ment entered into, as part of your busi-
ness, by you or any of your employees
pertaining to the rental or lease of any
"auto"; or
that part of any other contract or agree-
ment pertaining to your business under
which you assume the tort liability of an-
other to pay damages because of "bodily
injury" or "property damage" to a third
person or organization, if the contract or
agreement is made prior to the "bodily
injury" or "property damage." Tort liability
means a liability that would be imposed by
law in the absence of any contract or
agreement
An "insured contract" does not include that
part of any contract or agreement
that pertains to the loan, lease or rental of
an "auto" to you or any of your employ-
ees, if the "auto" is loaned, leased or rent-
ed with a driver; or
that holds a person or organization en-
gaged in the business of transporting
property by "auto" for hire harmless for
your use of a covered "auto" over a route
or territory that person or organization is
authorized to serve by public authority.
F. "Loss" means direct and accidental "loss" or
damage.
G. "Mobile equipment" means any of the follow-
ing types of land vehicles, including any at-
tached machinery or equipment:
1. bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads;
C *A8* 12 / 17/98*TBA2290369-00
0285164
J[~R;;AT AMERICAN INSURANCE COMi; S
Subsidiaries of American Financial Corporation
580 WALNUT STREET. CINCINNATI, OHIO 45202
ORIGINAL COPY
TE 02 02A
Ed. Effective 03/92
CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
THIRTY (30) days before this policy is cancelled or
materially changed to reduce or restrict coverage we will mail notice
of the cancellation or change to:
TNRCC FINANCIAL ASSURANCE SECTION; MC 184 JANE CARRION
PO BOX 13087; AUSTIN, TX 79711-3087
(Enter Name and Address)
TE 02 02A (Ed. 03/92) PRO (Paoe 1 of
Fidelity Excess a~,d Surplus Insurance Company
A Oh,o Stock Company: Ada' tire Offices, Cmcirumu, Ohio
Underwritten by: Speclal~ Un,. riters, lac
9800 Centre Parkway, #200
Houston, Texas '7?036
(713) '//!-9800 Telefaa (713) 'r/6-8251
Previous No:
8FP01714
N/A
COMMERCIAL GENERAL LIABILITY
DECLARATIONS
Named Insured and Mailing Address
[~American Medical Waste Management, Inc.
P.O. Box 1050
Copperas Cove, TX 76522
/ l
Policy Period: From: September 18, 1998 To: September 18, 1999
12:01 A.M., Standard Time at the mailing address shown above:
IN RETURN FOR THE PAYMENT OF PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POUCY, WE AGREE WITH YOU TO PROVIDE THE
INSURANCE AS STATED IN THIS POUCY
LIMITS OF INSURANCE
General Aggregate Limit (Other Than Products-Completed Operations) gl, 000,000. oo
Products-Completed Operations Aggregate Limit $ -0-
Personal and Advertising Injury Limit $ 500,000.00
Each Occurrence Limit $ 500,000.00
Fire Damage Limit-Any One Fire $ 50,000.00
Medical Expense Limit-Any One Person $ 5,000.00
FORM OF BUSINESS
_] Individual [] Joint Venture [] Partnership [] Corporation (Other than Partnership or Joint Venture)
Business Description:
Medical Waste Transporter
CLASSIFICATION
CODE NO. PREMIUM BASIS RATE I
SEE ATTACHED EXTENSION SCHEDULE
MINIMUM ANNUAL PREMIUM:
MINIMUM POLICY PREMIUM:
POLICY FEE:
$750.00 ADVANCE PREMIUM: $750.00
$3.88.00 SURPLUS LINES TAX: $ 4:L.23
$3.00.00 STAMPING FEE: $ ~. 28
TOTAL: $892.
FORMS AND ENDORSEMENTS applying to this Coverage Part and made part of this policy at time of issue:
IL00211185, IL00171185, CL 113 (11-88), CL 234 (11-85), PRI-88-018,
ENDORSEMENTS 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10
IN WITNESS WHEREOF this Company has executed and attended these presents; but this policy shall not be valid unless
countersigned by an authorized representative of the Company.
Issue Date:
September 29~ 1998
Countersigned by
Authorized Representative
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain Information on companies,
coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O.Box 14901
Austin, TX 78 714-9104
FAX # (512) 475-1 771
PIr ~llUH OR CLAIH DISPUTES:
Should you have a dispute concerning your premium or about a claim you should contact
the agent first, if the dispute is not resolved, you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for Information only and does not become a part or condition of the attached
document.
THIS ENDORSEM 'T CHANGES THE POLICY. PLEA READ IT CAREFULLY.
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSMENT
(Broad Form)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION
The insurance does not apply:
A. Under any Liability Coverage, to "bodily
injury" or "property damage:" .'.
(1) With respect to which an "insured" under
the policy is also an insured under a
nuclear energy liability policy issued by
Nuclear Energy Liability Insurance Asso-
ciation, Mutual Atomic Energy Liability
Underwriters, Nuclear Insurance Associa-
tion of Canada or any of their successors,
or would be an insured under any such
policy, but for its termination upon ex-
haustion of its limit of liability; or
(2) Resulting from the "hazardous proper-
ties" of "nuclear material" and with
respect to which (a) any person or organi-
zation is required to maintain financial
protection pursuant to the Atomic Energy
Act of 1954, or any law amendatory
thereof, or (b) the "insured" is, or had
this policy not been issued would be,
entitled to indemnity from the United
States of America, or any agency thereof,
under any agreement entered into by the
United States of America, or any agency
thereof, with any person or organization.
B. Under any Medical Payments coverage, to ex-
penses incurred with respect to "bodily in-
jury" resulting from the "hazardous proper-
ties" of "nuclear material" and arising out of
the operation of a "nuclear facility" by any
person or organization.
C. Under any Liability Coverage, to "bodily
injury" or "property damage" resulting from
the "hazardous properties" of "nuclear ma-
terial,'' if:
(1) The "nuclear material" (a) is at any "nuclear
facility" owned by, or operated by or on
behalf of, an "insured" or (b) has been dis-
charged or dispersed therefrom;
(2) The "nuclear material" is contained in
"spent fuel" or "waste" at any time
possessed, handled, used, processed,
stored, transported or disposed of by or
on behalf of an "insured;" or
(3) The "bodily injury" or "property dam-
age" arises out of the furnishing by an
"insured" of services, materials, parts or
equipment in connection with the plan-
ning, construction, maintenance, opera-
tion or use of any "nuclear facility," but if
such facility is located within the United
States of America, its territories or pos-
sessions or Canada, this exclusion (3)
applies only to "property damage" to
such "nuclear facility" and any property
thereat.
2. As used in this endorsement:
"Hazardous properties" include radioactive,
toxic or explosive properties;
"Nuclear material" means "source mate-
rial," "Special nuclear material" or "by-pro-
duct material;"
"Source material," "special nuclear mate-
rial," and "by-product material" have the
meanings given them in the Atomic Energy
Act of 1954 or in any law amendatory thereof;
"Spent fuel" means any fuel element or fuel
component, solid or liquid, which has been
used or exposed to radiation in a "nuclear
reactor;"
IL O0 21 11 85 Copyright, Insurance Services Office, Inc., 1983, 1984 Page 1 of 2 []
"Wa.~te" means any waste m; 'al (a) contain-
tng "by-product material" oth~..,~an the tailings
or wastes produced by the extraction or con-
centration of uranium or thorium from any 'ore
processed primarily for its "source material"'.
content, and (b) resulting from the operation by
any person or organization of any "nucle.ar
facility" included under the first two paragraphs
of the definition of "nuclear facility."
"Nuclear facility" means:
(a) Any "nuclear reactor;"
(b) Any equipment or device desi~n~l or -
used for (1) separating the isotopes of
uranium or plutonium, (2) processing or
utilizing "spent fuel," or (3) handling, pro-:
cessing or. pack,aging "waste;" 'i
,~ ,,, ~' !
(c) Any eq~ lent or device used for the pro-
cessing,..,oricating or alloying of "special
nuclear material" if at any time ttle total
amount of such material in the custody of
.: the "insured" at the premises where
such equipment or device is located con-
sists of or contains more than 25 grams of
plutonium or uranium 233 or any com-
bination thereof, or more than 250 grams
of uranium 235;
(d) Any structure, basin, excavatior~, prem-
ises or place prepare~l or used for the
storage or disposal of "waste;"
and includes the site on which any of tl~'forego-
lng is located, all .operations conducted qn such
site and all premises used for such operations;
"NuClear reactor" means a~y app,~ra(us c~e-i;~~
signed or used to sustain nuclear fission in a self-
supporting chain reaction or to contain a critical ..
mass of fissionable material;
"Proper{y c~a'm, age;' i9.i:ludes all forms~ rddio~c-
tive contamina(ion'6f p~:operty.
I[',,~ . : ) ' .' i.. ' '
£)
,I
Page 2 of 2 Copyright, Insurance _Services Office, Inc., 1983, 1984 IL O0 21 11 85
C MMON POLICY COND, ,'IONS
All Coverage Parts included in this policy are subject
A. CANCELLATION
1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or
delivering to us advance written notice of
cancellation.
2. We may cancel this policy by mailing or deliver-
ing to the first Named Insured written notice of
cancellation at least:
a. 10 days before the effective date of cancella-
tion if we cancel for nonpayment of premium;
or
b. 30 days before the effective date of cancella-
tion if we cancel for any other reason.
3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
US,
4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be less
than pro rata. The cancellation will be effective
even if we have not made or offered a refund.
6. If notice is mailed, proof of mailing will be suffi-
cient proof of notice.
B. CHANGES
This policy contains all the agreements between
you and us concerning the insurance afforded. The
first Named Insured shown in the Declarations is
authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued by
us and made a part of this policy.
C. EXAMINATION OF YOUR BOOKS AND
RECORDS
We may examine and audit your books and records
as they relate to this policy at any time during the
policy period and up to three years afterward.
to the following conditions.
D. INSPECTIONS AND SURVEYS
We have the right but are not obligated to:
1. Make inspections and surveys at any time;
2. Give you reports on the conditions we find; and
3. Recommend changes.
Any inspections, surveys, reports or recommenda-
tions relate only to insurability and the premiums to
be charged. We do not make safety inspections. We
do not undertake to perform the duty of any person
or organization to provide for the health or safety of
workers or the public. And we do not warrant that
conditions:
1. Are safe or healthful; or
2. Comply with laws, regulations, codes or stan-
dards.
This condition applies not only to us, but also to any
rating, advisory, rate service or similar organiza-
tion which makes insurance inspections, surveys,
reports or recommendations.
E. PREMIUMS
The first Named Insured shown in the Declarations:
1. Is responsible for the payment of all p. remiums;
and ' '
,~ .
2. Will be the payee for any return prem;ums we
pay.
F. TRANSFER OF YOUR RIGHTS AND DU-
TIES UNDER THIS POLICY
Your rights and duties under this policy may not be
transferred without our written consent except in
the case of death of an individual named insured.
If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the scope of duties as your legal represen-
tative. Until your legal representative is appointed,
anyone having proper temporary custody of your
property will have your rights and duties but only
with respect to that property.
IL O0 17 11 85 Copyright, Insurance Services Office, Inc., 1982, 1983
~,OMMERCIAL GENERAL LIABILI, ~
EXTENSION SCHEDULE
Pu,,,:y
No.: 8FP01714
Advance Premium
Classification Code Premium Rate
No. Basis PR/CO All Other
Trucking -NOC (Products/Completed 99793+ (S) $400,000 $.16 Included $750.00 MP
Operations Included in Premises
Operations)
POLICY NUMBER:
~P01714
CL 234
(11-85)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 03 O0 11 85
DEDUCTIBLE LIABILITY INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Coverage
Bodily Injury Liability
Property Damage Liability
Bodily Injury Liability and Property
Damage Liability Combined
SCHEDULE
Amount and Basis of Deductible
$ per claim
$ per occurrence
$ per claim
$ per occurrence
$ per claim
$ 500. O0 per occurrence ( ~nclud/ng La.E
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
APPLICATION OF ENDORSEMENT (En~ter below any limitations on the application of this endorsement. If no limitation is
entered, the de, ductibles apply to damages for all "bodily injury" and "property damage", however caused):--
Our obligation under the Bodily Injury Liability and
Property Damage Liability Coverages to pay damages
on your behalf applies only to the amount of damages
in excess of any deductible amounts stated in the
Schedule above as applicable to such coverages, and
the limits of insurance applicable to "each occur-
rence'' for such coverages will be reduced by the
amount of such deductible. "Asgregate" limits for
such coverages shall not be reduced by the applica-
tion of such deductible amount.
The deductible amounts stated in the Schedule ap-
ply as follows:
A. PER CLAIM BASIS--if the deductible is on a "per
claim" basis, the deductible amount applies:
1. Underthe Bodily Injury Liability or Property
Damage Liability Coverage, respectively:
a. To all damages because of "bodily in-
jury" sustained by one person, or
b. To all damages because of "property
damage" sustained by one person or
organization,
as the result of any one "occurrence".
Under Bodily Injury Liability and Property
(over)
Damage Liability Coverage combined to all
damages because of "bodily injury" and
"property damage" sustained by one person
or organization as the result of any one "oc-
currence''.
B. PER OCCURRENCE BASIS--if the deductible is on
a "per occurrence" basis, the deductible
amount applies:
1. Underthe Bodily Injury Liability or Property
Damage Liability Coverage, respectively:
a. To all damages because of "bodily in-
jury" as the result of any one "occur-
rence'', or
b. To all damages because of "property
damage" as the result of any one "oc-
currence''.
regardless of the number of persons or orga-
nizations who sustain damages because of
that "occurrence".
2. Under Bodily Injury Liability and Property
Damage Liability Coverage combined to all
damages because of "bodily injury" and
"property damage" as the result of any one
Copyright, Insurance Services Office, Inc.. 1984
MINIMUM & DEPOSIT ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILI'FY COVERAGE FORM
Paragraph 5. b. of Section IV - Commercial General Liability Conditions is replaced by the
following:
Premium shown in this coverage part as advance premium is a deposit premium only. At the
close of each audit period we will compute the earned premium for that period. Audit
premiums ara due and payable on notice to the first named insured.
If the earned premium is less than the premium previously paid, the advance premium plus
premiums paid during the policy period, will be the minimum earned premium.
In the event of cancellation, the minimum earned premium, will be the greater of:
1) The amount shown under the Declarations as Minimum Policy Premium, or
2) The Earned Premium for the period, or
3) The Premium developed under Item A.5. of the Common Policy Conditions.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
ATTACHED TO AND FORMING PART OF POLICY NO.:
ISSUED TO:
EFFECTIVE DATE:
ENDORSEMENT NO.:
09/29/98 cs
PRI-88-003
(R03198)
8FP01714
American Medical Waste Management, Inc.
September 18, 1998
1
FIDELITY EXCESS AND SURPLUS INSURANCE COMPANY
BY
ASBESTOS EXCLUSION ENDORSEMENT
This insurance does not apply to:
(1)
"Bodily injury" or "property damage" caused by or arising out of the existence or
manufacturing, sale, handling, use or distribution of asbestos or of any product containing
asbestos material. We will not be liable or responsible to defend the "insured" in any
"claim" or "suit" for any asbestos or asbestos related allegations including the failure to
warn.
(2) Any loss, cost or expense arising out of any:
(a)
Request, demand or order that any "insured" or others test for, monitor, clean up,
remove, contain, treat or neutralize, or in any way respond to, or assess the effects
of asbestos;
(b)
Voluntary compliance of the "insured" with any statute, rule or regulation related to
testing for, monitoring, cleaning up, removing, containing, treating or neutralizing, or
in any way responding to, or assessing the effects of asbestos; or
(c)
"Claim" or "suit" by or on behalf of any governmental authority or others for damages
because of testing for, monitoring, cleaning up, removing, containing, treating or
neutralizing, or in any way responding to, or assessing the effects of asbestos.
Asbestos means any solid, liquid, gaseous or thermal irritant, contaminant or material consisting of or
containing asbestos or asbestos fibers or particles, or asbestos dust.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
ATTACHING TO AND FORMING PART OF POLICY NO.: 8FP01714
ISSUED TO:
EFFECTIVE DATE:
ENDORSEMENT NO.:
09~29~98 cs
PRI-88-001
(R1297)
American Medical Waste Management, Inc.
September 18, 1998
2
FIDELITY EXCESS AND SURPLUS INSURANCE COMPANY
BY
POLLUTION EXCLUSION (ABSOLUTE)
In consideration of the premium charged it is agreed that Exclusion f. of Coverage A. Bodily Injury
and Property Damage Liability is deleted and replaced as follows:
(1)
"Bodily injury" or "property damage" caused by or arising out of the actual, alleged, or
threatened discharge, dispersal, release, seepage, migration or escape of pollutants at any
time.
(2)
Fines or penalties, or any costs, loss or expense incurred by any "insured" (whether it be
voluntary, involuntary or arising out of any govemmental claim, suit, direction or request)
to test for, monitor, clean-up, remove, contain, treat, detoxify or neutralize or in any way
respond to, or assess the effects of pollutants.
Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor,
soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
ATTACHED TO AND FORMING PART OF POLICY NO.:
ISSUED TO:
EFFECTIVE DATE:
ENDORSEMENT NO.:
09/29/98 cs
PRI-88-008
(R1297)
8FP01714
Amedcan Medical Waste Management, Inc.
September 18, 1998
3
FIDELITY EXCESS AND SURPLUS INSURANCE COMPANY
BY
EXCLUSION -CANCER RELATED CLAIMS
This insurance does not apply to "bodily injury" or to any claim, "suit", demand, settlement,
judgement, defense cost or expense in any way based upon, arising out of or alleging the contraction
or aggravation of or the increased susceptibility to cancer or any mental anguish or fear resulting
from any of the foregoing.
For the purposes of this exclusion cancer is used in the broadest sense and is intended to include
(but not be limited to) malignant tumors or forms of tissue cells that lack a controlled growth pattern
or that expands locally by invasion or systemically by metastasis or any of that group of conditions or
disease in which malignant cells or tissue are present.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
A'I-rACHED TO AND FORMING PART OF POLICY NO.:
ISSUED TO:
EFFECTIVE DATE:
ENDORSEMENT NO.:
09/29198 cs
PRI-88-061
(R1297)
8FP01714
Amedcan Medical Waste Management, Inc.
September 18, 1998
4
FIDELITY EXCESS AND SURPLUS INSURANCE COMPANY
BY
EXCLUSION - EMPLOYMENT-RELATED PRACTICES
This insurance does not apply to "bodily injury" or "personal injury" for which the insured may be held
liable because of:
1. "Bodily injury" or "personal injury" to:
a. A person arising out of any:
(1)
(2)
(3)
refusal to employ that person;
termination of that person's employment; or
employment-related practices, policies, acts or omissions, such as coercion,
demotion, evaluation, reassignment, discipline, defamation, harassment,
humiliation or discrimination directed at that person; or
The spouse, child, parent, brother or sister of that person as a consequence of "bodily
injury" or "personal injury" to that person at whom any of the employment-related
practices described in paragraphs (1), (2), (3)above is directed.
This exclusion applies:
a. Whether the insured may be liable as an employer or in any other capacity; and
b. To any obligation to share damages with or repay someone else who must pay damages
because of the injury.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
A'FI'ACHED TO AND FORMING PART OF POLICY NO.:
ISSUED TO:
EFFECTIVE DATE:
ENDORSEMENT NO.:
09~29/98 cs
PRI-88-042
(R07/97)
8FP01714
American Medical Waste Management, Inc.
September 18, 1998
5
FIDELITY EXCESS AND SURPLUS INSURANCE COMPANY
BY
EXCLUSION - LEAD
This insurance does not apply to:
(1)
"Bodily injury" or "property damage" caused by or arising out of the existence or
manufacturing, sale, handling, use or distribution of or exposure to lead, lead-based paint
products or lead or lead-based material. We will not be liable or responsible to defend any
"insured" in any "claim" or "suit" for any lead or lead related allegations including the
failure to warn.
(2) Any loss, cost or expense arising out of any:
(a)
Request, demand or order that any "insured" or others test for, monitor, clean up,
remove, contain, treat or neutralize, or in any way respond to, or assess the effects
of lead, lead-based paint products or any products containing lead or lead-based
material; or
(b)
Voluntary compliance of the "insured" with any statute, rule or regulation related to
testing for, monitoring, cleaning up, removing, containing, treating or neutralizing, or
in any way responding to, or assessing the effects of lead, lead-based paint products
or any products containing lead or lead-based material; or
(c)
"Claim" or "suit" by or on behalf of any governmental authority or others for damages
because of testing for, monitoring, cleaning up, removing, containing, treating or
neutralizing, or in any way responding to, or assessing the effects of lead, lead-
based paint products or any products containing lead or lead-based material.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
ATrACHING TO AND FORMING PART OF POLICY NO.:
ISSUED TO:
EFFECTIVE DATE:
ENDORSEMENT NO.:
09/29198 cs
PRI-88-020
(R039a)
8FP01714
Amedcan Medical Waste Management, Inc.
September 18, 1998
6
FIDELITY EXCESS AND SURPLUS INSURANCE COMPANY
BY
EXCLUSION - SILICOSIS
This insurance does not apply to:
(1)
"Bodily injury" or "property damage" caused by or arising out of the existence or
manufacturing, sale, handling, use or distribution of silica or of any product containing
silica or silica particles or materials. We will not be liable or responsible to defend any
"insured" in any "claim" or "suit" for any silica or silica related allegations including the
failure to warn.
(2) Any loss, cost or expense arising out of any:
(a)
Request, demand or order that any "insured" or others test for, monitor, clean up,
remove, contain, treat or neutralize, or in any way respond to, or assess the effects
of silica or silica particles or material; or
(b)
Voluntary compliance of the "insured" with any statute, rule or regulation related to
testing for, monitoring, cleaning up, removing, containing, treating or neutralizing, or
in any way responding to, or assessing the effects of silica or silica particles or
material; or
(c)
"Claim" or "suit" by or on behalf of any governmental authority or others for damages
because of testing for, monitoring, cleaning up, removing, containing, treating or
neutralizing, or in any way responding to, or assessing the effects of silica or silica
particles or material.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
ATTACHING TO AND FORMING PART OF POLICY NO.:
ISSUED TO:
EFFECTIVE DATE:
ENDORSEMENT NO.:
09/29198 cs
PRI-88-012
(R0398)
8FP01714
Amedcan Medical Waste Management, Inc.
September 18, 1998
7
FIDELITY EXCESS AND SURPLUS INSURANCE COMPANY
BY
EXCLUSION: YEAR 2000 PROBLEM
This insurance does not apply to "bodily injury" or "property damage" arising directly or indirectly out of:
a. Any actual or alleged failure, malfunction or inadequacy of:
(1) Any of the following, whether belonging to any insured or to others:
(a) Computer hardware, including microprocessors;
(b) Computer application software;
(c) Computer operating systems and related software;
(d) Computer networks;
(e) Microprocessors (computer chips) not part of any computer system; or
(f) Any other computerized or electronic equipment or components; or
(g) Any other products, and any services, date or functions that directly or indirectly
use or rely upon, in any manner, any of the items listed in Paragraph a.(1) of this
endorsement;
due to the inability to correctly recognize, process, distinguish, interpret or accept the
year 2000 and beyond.
Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair,
replacement or supervision provided or done by you or for you to determine, rectify or test for,
any potential or actual problems described in Paragraph a. of this endorsement.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
ATTACHED TO AND FORMING PART OF POLICY NO.:
ISSUED TO:
EFFECTIVE DATE:
ENDORSEMENT NO.:
09~29~98 cs
PRI-88-102
(R0898)
8FP01714
Amedcan Medical Waste Management, Inc.
September 18, 1998
8
FIDELITY EXCESS AND SURPLUS INSURANCE COMPANY
BY
EXCLUSION - HTLV
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This insurance does not apply to any claim, "suit", demand, settlement, judgement, defense cost or
expense in any way based upon, arising out of or alleging sickness, disability, shock, fear, death or
mental anguish resulting from the contraction or aggravation of, the increased susceptibility to, the
"transmission" of, or any "infection" caused by one or more of the following viruses:
HTLV I
HTLV II
HTLV III
HTLV IV
= Human T Lymphotropic Virus I
= Human T Lymphotropic Virus II
-- Human T Lymphotropic Virus III
Also known as LAV -- Lymphadenopathy Associated Virus
Also known as HIV I -- Human Immunodeficiency Virus 1
= Human T Lymphotropic Virus IV
Also known as HIV II = Human Immunodeficiency Virus 2
The following additional definitions apply as respects this exclusion:
1. "Transmission"
is defined as the transfer or carrying of a thing or condition, or infections or
inborn disease, or an inborn trait, from one person or place to another.
2. "Infection"
is defined as:
(a) the invasion of the body by germs or viruses that reproduce and
multiply, causing disease or local injury, release of poisons, germ-
antibody reaction, or virus-antibody reaction in the cells;
(b) a disease caused by the invasion of the body by germs or viruses.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
ATTACHED TO AND FORMING PART OF POLICY NO.:
ISSUED TO:
EFFECTIVE DATE:
ENDORSEMENT NO.:
09/29198 cs
PRI-88-100
(N01197)
8FP01714
American Medical Waste Management, Inc.
September 18, 1998
9
FIDELITY EXCESS AND SURPLUS INSURANCE COMPANY
BY
SERVICE OF SUIT CLAUSE
Pursuant to any statute of any state or district of the United States of America, which makes
provision therefor, the Company hereby designates the Commissioner, Superintendent or Director of
Insurance or other officer specified for that purpose in the statute and his or her successors in office
and duly authorized deputies in the state where this policy is issued, as the Company's true and
lawful attorney for service of legal process in any action, suit or proceeding brought in the state
where this policy is issued by or on behalf of an insured or beneficiary against the Company arising
out of the insurance issued under this policy. Any legal process received by such attorney for
service of legal process shall be forwarded to the Company to the attention of Walter Snyder,
President, Fidelity Excess and Surplus Insurance Company, 515 Main Street, Cincinnati, Ohio 45202.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
ATTACHED TO AND FORMING PART OF POLICY NO.:
ISSUED TO:
EFFECTIVE DATE:
ENDORSEMENT NO.:
09~29~98 cs
SSF-001
(R0997)
8FP01714
American Medical Waste Management, Inc.
September 18, 1998
10
FIDELITY EXCESS AND SURPLUS INSURANCE COMPANY
BY
LETTER OF ACCEPTANCE OF FRANCHISE
This Letter will serve as our formal acceptance of the terms and conditions of the
franchise agreement granted to American Medical Waste Management, Inc. on
June 24, 1999, by the City of College Station by enactment of Ordinance No.
2395 for the purpose of providing for the collection and disposal sevices for
treated and untreated medical waste within the City of College Station. This
ordinance takes effect on its passage and acceptance by this letter and has a
term of five (5) years from the date of acceptance.
I acknowledge that failure to file this written acceptance with the City Secretary
within the number of days provided for acceptance in the franchise will result in
expiration of the franchise.
AMERICAN MEDICAL WASTE
CITY SECRL~TARY'S OFFICE