HomeMy WebLinkAbout2018-4003 - Ordinance - 04/26/2018 ORDINANCE NO. 2018-4003
RECYCLABLES COLLECTION FRANCHISE AGREEMENT
AN ORDINANCE GRANTING CONTRACTOR, PRONTO SERVICES, LLC, ITS
SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE
PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC RIGHTS OF
WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION
("CITY") FOR THE PURPOSE OF PROVIDING COLLECTION OF CONSTRUCTION
AND DEMOLITION DEBRIS FROM RESIDENTIAL SITES, RECYCLABLES AND
RECYCLABLE CONSTRUCTION AND DEMOLITION DEBRIS FROM
COMMERCIAL BUSINESSES AND MULTIFAMILY RESIDENCES; PRESCRIBING
THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH
SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE
CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR
THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES;
FOR PARTIAL INVALIDITY.
WHEREAS,the City, by ordinance, exclusively provides all solid waste collection and disposal
services for solid waste aggregated from within the City limits including, but not limited to
Recyclables; and
WHEREAS,the City pursuant to City Charter Article XI, may grant franchises to entities for use
of public streets, alleys, and highways for collection of Recyclables and Construction and
Demolition Debris generated in City limits; and
WHEREAS, the City of College Station desires to exercise the Charter's authority and grant a
non-exclusive franchise to Contractor for collection of demolition and construction debris from
residential sites, collecting demolition and construction debris, recyclable materials, and organic
waste from multifamily and commercial locations for the purpose of recycling.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION,TEXAS,
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Table of Contents
Article I. Definitions 3
Article II. Grant of Authority and Acceptance 4
Article III. Payment and Term 4
Article IV. Access to Records &Reporting 5
Article V. Rates to be Charged by Contractor 6
Article VI. Appearance of Personnel and Equipment 6
Article VII. Collection and Transport of Recyclables 7
Article VIII. Placement of Receptacles 7
Article IX. Service Complaints 7
Article X. Disposal and Processing 8
Article XI. Violation and Penalty 8
Article XII. Insurance 8
Article XIII. Indemnification and Release 9
Article XIV. Disputes and Mediation 9
Article XV. General Terms 10
Exhibit A. Schedule of Rates 14
Exhibit B. Insurance Requirements 15
I) Standard Insurance Policies Required: 15
II) General Requirements Applicable to All Policies: 15
III) Commercial General Liability 15
IV) Business Automobile Liability 15
V) Workers' Compensation Insurance 16
Exhibit C. Certificates of Insurance 17
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ARTICLE I. DEFINITIONS
1.1 Agreement means this Franchise Agreement adopted by City Ordinance between City and
Contractor for the collection of Recyclables within the City limits.
1.2 Approved Customers means those designated premises located within the City that
generate Recyclables.
1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) means the
permitted municipal solid waste landfill and compost facility owned and operated by a
Texas local government corporation.
1.4 City Council or Council means the governing body of the City of College Station,Texas.
1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation.
1.6 City's Representative means the Recycling&Environmental Compliance Manager or the
Manager's designated appointee.
1.7 Collection means the scheduled aggregation of Recyclables by Contractor.
1.8 Construction and Demolition Debris means buildings material waste resulting from
demolition, remodeling, repairs, or construction, as well as materials discarded during
periodic temporary facility clean-up generated within the City.
1.9 Contaminated means Recyclables mixed with solid waste or altered in a way that results
in materials being unrecyclable or un-compostable.
1.10 Contractor means the Contractor franchised for the collection of Recyclables.
1.11 Customers means the locations designated by the City as a Commercial Business or
Multifamily Residence.
1.12 Organic Waste means waste of biological origin recovered from the solid waste stream
for the purposes of reuse, reclamation, or compost. Organic Waste is not solid waste,
unless it is abandoned or disposed of,rather than reprocessed into another product.
1.13 Receptacle means a weatherproof container easily identifiable and designated for
recycling or organic waste collection and shall not be made of any temporary materials.
1.14 Recyclables or Recyclable Materials mean materials, including construction and
demolition debris recovered from the solid waste stream for the purpose of reuse or
reclamation, a substantial portion of which are consistently used in the manufacture of
products that may otherwise be produced using raw or virgin materials. Recyclable
materials are not solid waste unless they are abandoned or disposed of as garbage rather
than reprocessed into another product.
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1.15 Residue means the materials regularly associated with and attached to Recyclables, as a
part of the original packaging or usage of that material that is not recyclable or
compostable.
1.16 Roll-Off / Compactor means a container of varying capacity used for Recyclables
collection.
1.17 TAC means the Texas Administrative Code now and as amended.
1.18 TCEQ means the Texas Commission on Environmental Quality.
ARTICLE II. GRANT OF AUTHORITY AND ACCEPTANCE
2.1 Non-Exclusive. City grants Contractor a non-exclusive franchise to operate and establish
Recyclables collection from designated Customers. Nothing in this Agreement shall be
construed as granting an exclusive franchise or right. City grants Contractor passage and
rights-of-way on, along, and across City streets, highways, alleys, public places and all
other real property for collecting demolition and construction debris from commercial,
industrial,multifamily, and residential sites; as well as recyclables and organic waste from
commercial, industrial, and multifamily sites for the purpose of recycling within the
jurisdictional limits of the City. All collection, work, activity, and undertakings by
Contractor are subject to this Agreement and City's governmental and police powers.
2.2 Acceptance. By accepting this Agreement, Contractor represents it has, by careful
examination, satisfied itself as to the nature and location of the services,character,quality,
and quantity of services to be performed, the character of the equipment and facilities
necessary to fulfill obligations under this Agreement, as well as the general and local
conditions and all other matters affecting services performed under this Agreement.
2.3 Option to Market Materials.If City develops services or programs resulting in materials
that may be recycled or composted,including but not limited to residential,multifamily, or
commercial recycling or composting,the City shall have the option to market those to any
contractor.
2.4 Contract with City. If City and Contractor contract for the collection and recycling or
composting of materials, those terms will be incorporated into this Agreement by
amendment.
ARTICLE III. PAYMENT AND TERM
3.1 Franchise Fee. For and in consideration of the grant of the franchise herein, Contractor
agrees and will pay a Franchise Fee during the term of this Agreement, a sum based on the
following graduated fee schedule depending on the percentage of aggregate recycling or
composting accomplished:
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a. A fee is required, equivalent to five percent (5%) of Contractor's monthly gross
revenues, delivery revenues, and hauling revenues; including rates as described in
Exhibit A, generated from Contractor's provision of Recyclables collection
services within the City if Contractor reports aggregate recycling or composting of
at least sixty percent(60%) of Recyclables collected.
b. A fee is required, equivalent to six and one half percent (6.5%) of Contractor's
monthly gross revenues, delivery revenues, and hauling revenues; including rates
as described in Exhibit A, generated from Contractor's provision of Recyclables
collection services within the City if Contractor reports aggregate recycling or
composting of at least fifty-five percent(55%)but less than sixty percent(60%) of
Recyclables collected.
c. A fee is required, equivalent to eight percent (8%) of Contractor's monthly gross
revenues, delivery revenues, and hauling revenues; including rates as described in
Exhibit A, generated from Contractor's provision of Recyclables collection
services within the City if Contractor reports aggregate recycling or composting
less than fifty-five percent(55%) of Recyclables collected.
3.2 Payments. Revenue received by Contractor from this Agreement is subject to the
Franchise Fee and shall be computed into Contractor's monthly gross revenues, delivery
revenues, hauling revenues, and rates, as described in Exhibit A. Payment will be paid
quarterly to the City, and shall be due by the twentieth (20th) day of the month following
the end of the previous calendar quarter. Payment after that date shall incur a ten percent
(10%) late fee on the outstanding account balance under Article V.
3.3 Failure to Pay. Failure by Contractor to pay any amount due under this franchise
constitutes a Failure to Perform under this contract and is subject to the provisions of
Article XV. General Terms of this Agreement(Termination for Cause).
3.4 Franchise Fee Requirements.Payments must state on a form approved by the City:
a. The number and type of Customers collected from, for the previous quarter, for
Customers included in this Agreement.
b. The total tons landfilled,recycled or composted, regardless of origin of collection,
for the previous quarter.
c. The total tons landfilled, recycled or composted, within the jurisdictional limits of
the City, for the previous quarter.
d. The total gross revenues for the previous calendar quarter, for revenues generated
under this agreement.
e. The total payment amount
3.5 Term. The term of this Agreement shall be for a period of five(5)years,beginning on the
date of acceptance and approval by City Council.
ARTICLE IV. ACCESS TO RECORDS &REPORTING
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4.1 Facilities. The City shall have the right to inspect the Contractor's facilities, equipment,
personnel, and operations to ensure compliance with this Agreement.
4.2 Records. The City shall have the right to inspect Contractor's records, receipts, and all
documentation relating to the performance of this Agreement. Those records include, but
are not limited to, information concerning the quality and quantity of Recyclables
collected, processed, and sold; number of Customers served, gross amounts paid to and
paid by Contractor from the sale/processing of Recyclables. The City agrees to notify the
Contractor at least twenty-four (24) hours prior to such inspection of operations and/or
records.
4.3 Records Retention. Contractor shall retain all records associated with this Agreement for
a period of four (4) years. City shall have access to information regarding Contractor's
markets and prices paid for each type of material's return/cost;all information obtained by
City marked confidential or proprietary shall remain confidential or proprietary pursuant
to the Texas Open Records Act.
4.4 Activity Report. Contractor shall provide a Monthly Recycling Activity Report,on a form
approved by the City, summarizing the previous month's collection. This report is due to
the City's Representative no later than the twentieth (20th) calendar day of each month.
Contractor's report shall include the following information:
a. The Customer collection count, itemized by customer type.
b. Total tonnage of Recyclables collected, recycled and/or composted, itemized by
type of material, regardless of origin of collection.
c. Total tonnage of Recyclables collected, recycled and/or composted, itemized by
type of material,within the jurisdictional limits of the City.
d. Total tonnage of Recyclables collected, but not recycled or composted due to
rejection and the disposition of those materials.
e. Any other information concerning the Recyclables collection as required by the
City's Representative.
ARTICLE V. RATES TO BE CHARGED BY CONTRACTOR
5.1 The Contractor shall follow the Schedule of Rates attached hereto as Exhibit A for the
services described herein. The rates provided shall be kept current and made available to
the City's Representative within thirty(30)days of an adopted rate change. The Contractor
agrees to use due diligence to keep costs from increasing.
ARTICLE VI. APPEARANCE OF PERSONNEL AND EQUIPMENT
6.1 Equipment. Contractor shall ensure all collection equipment and vehicles are attractively
painted, well maintained and are in good working condition. Equipment must be washed
at least one time per week. Equipment and vehicles must have sufficient carrying capacity
for safe and efficient Recyclables collection. The City shall have the right to inspect and
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approve the appearance of collection equipment. A standby vehicle shall be available at
all times for Recyclables collection.
6.2 Signage. Contractor's vehicles shall at all times be clearly labeled with Contractor's name
and phone number in visible letters and numbers not less than three (3) inches in height.
Signage must be on both sides of the vehicle and placed in a conspicuous place. Only
labeled vehicles shall perform collection activities under this Agreement. Contractor's
roll-offs, compactors, and receptacles must be clearly marked as used for Recyclables
collection in letters at least twelve inches (12") in height on each side of the container.
6.3 Personnel. All collection personnel shall wear a City-approved uniform to include, at
minimum, matching labeled shirts with denim jeans or other standard work attire.
ARTICLE VII. COLLECTION AND TRANSPORT OF RECYCLABLES
7.1 Transport. The Contractor shall only transport collected Recyclables for storage,
processing, disposal,or other necessary handling to locations in a manner permitted by the
terms of this Agreement as well as federal, state, and local law. This Agreement does not
authorize Contractor to utilize the streets, alleys, and public ways to dispose of municipal
solid waste or any other type of waste intended for disposal from any other project.
7.2 Cover. During transport of Recyclables all vehicles shall be covered to prevent release of
litter.
ARTICLE VIII. PLACEMENT OF RECEPTACLES
8.1 Placement.All roll-offs, compactors, and receptacles placed in service shall be located in
such a manner so as not to be a safety or traffic hazard. Under no circumstances shall
Contractor place roll-offs, compactors, or receptacles on public streets, alleys, or
thoroughfares without prior approval of the City's Representative. City reserves the right
to designate the exact location of any or all roll-offs, compactors, or containers placed in
service in the City.
8.2 City Collection. Recyclables collection shall not interfere with the City's collection of
municipal solid waste.Under no circumstances shall contractor place roll-offs,compactors,
or receptacles in existing enclosures designated for City roll-offs, compactors, and
receptacles.
ARTICLE IX. SERVICE COMPLAINTS
9.1 Nature of Complaint. Contractor shall handle directly any complaints pertaining to
customer service,property damage, or personal injury from their commercial business and
multifamily Recyclables collection service.
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9.2 Intake. Contractor shall develop written practices and procedures for receiving and
resolving Customer complaints and collection issues. Any complaint received by the City
shall be forwarded to the Contractor within one (1) business day of receipt.
9.3 Response. Contractor shall respond to all complaints within one (1) business day of
receiving a complaint from a Customer or notice of complaint from the City. Regardless
of the nature of the complaint, Contractor shall report the action taken to the City in
accordance with Article IV. Access to Records &Reporting.
9.4 Complaint Charges. Upon receipt of ten (10) Customer complaints within a forty-five
(45)day period,Contractor shall be assessed a charge of Three Hundred Dollars($300.00).
Complaints are to be verified by the Contractor and the City's Representative. The City
shall invoice the Contractor such charges.
ARTICLE X. DISPOSAL AND PROCESSING
10.1 Disposal Site. Unless approved otherwise in writing by the City, Contractor shall utilize
BVSWMA,Inc. Landfill for the disposal of all non-recyclable waste material collected by
Contractor within the corporate limits of the City.
10.2 Processing Facility. Contractor shall only use a City-approved recycling or composting
facility for processing of all Recyclables collected by Contractor within the corporate limits
of the City under this Agreement.
10.3 Disposal. In no case shall any Recyclable or Compostable Materials be disposed in a
landfill.
ARTICLE XI. VIOLATION AND PENALTY
11.1 Fine. It shall be unlawful for any person, firm or corporation violating any provision or
term of this Agreement and they shall receive a citation and fine not to exceed $2,000.00
per offense per day. Each and every day a violation continues constitutes a separate
offense.
11.2 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights
the City may possess at law or equity, the City reserves the right to apply any remedies,
alone or in combination, in the event Contractor violates any provision of this Agreement.
The remedies provided for in this Agreement are cumulative and not exclusive;the exercise
of one remedy shall not prevent the exercise of another, or any rights of the City at law or
equity.
ARTICLE XII. INSURANCE
12.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of this
Agreement, insurance against claims for injuries to persons or damages to property that
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may arise from or in connection with the performance of the services performed by the
Contractor, its agents,representatives,volunteers, employees, or subcontractors.
12.2 The Contractor's insurance shall list the City of College Station, its employees,volunteers,
and officials as additional insureds. Insurance requirements are attached in Exhibit B.
Certificates of insurance evidencing the required insurance coverages are attached in
Exhibit C.
ARTICLE XIII. INDEMNIFICATION AND RELEASE
13.1 Indemnification. Contractor shall indemnify,hold harmless, and defend the City,its
officers,agents,volunteers,and employees from and against any and all claims,losses,
damages, causes of action, suits, and liability of every kind, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person or for
damage to any property arising out of or in connection with the work and services
done by the Contractor under this Agreement. Such indemnity shall apply regardless
of whether the claims, losses, damages, causes of action, suits, or liability arise in
whole or in part from the negligence of the City, any other party indemnified
hereunder,the Contractor, or any third party.
13.2 Release. The Contractor assumes full responsibility for the work to be performed
hereunder and hereby releases, relinquishes, and discharges the City, its officers,
agents, volunteers, and employees from all claims, demands, and causes of action of
every kind and character, including the cost of defense thereof, for any injury to or
death of any person and any loss of or damage to any property caused by, alleged to
be caused by,arising out of,or in connection with the Contractor's work and services
to be performed hereunder.This release shall apply regardless of whether said claims,
demands, and causes of action are covered in whole or in part by insurance and
regardless of whether such injury, death, loss, or damage was caused in whole or in
part by the negligence of the City, any other party released hereunder, the
Contractor, or any third party.
ARTICLE XIV. DISPUTES AND MEDIATION
14.1 Disputes. If a dispute arises between City and Contractor during this Agreement, the
dispute shall first be referred to the operational officers or representatives designated by
the parties having oversight of the Agreement's administration. The officers or
representatives shall meet within thirty (30) days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to achieve a
resolution of the dispute.
14.2 Mediation. If the parties not able to resolve the dispute under the procedure in this article,
then the parties agree the matter shall be referred to non-binding mediation. The parties
shall mutually agree upon a mediator to assist in resolving their differences. If the parties
cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators
from a reputable dispute resolution organization and alternate striking mediators on that
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list until one remains. A coin toss shall determine who may strike the first name. If a party
fails to notify the other party of which mediator it has stricken within two(2)business days,
the other party shall select the mediator from those mediators remaining on the list. The
parties shall pay their own expenses of any mediation and will share the cost of the
mediator's services.
14.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through
mediation, either party may then pursue any available judicial remedies.
ARTICLE XV. GENERAL TERMS
15.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all
the services in a professional manner and be fully qualified and competent to perform those
services.
15.2 Termination.
a. For Convenience. At any time, the City or Contractor may terminate this
Agreement for convenience, in writing with thirty (30) days' notice. City shall be
compensated for outstanding Franchise Fees.
b. For Cause. City also may terminate this Agreement if Contractor materially
breaches or otherwise fails to perform, comply with or otherwise observe any of
the terms and conditions of this Agreement,or fails to maintain all required licenses
and approvals from federal, state, and local jurisdictions, and fails to cure such
breach or default within thirty(30)days of City providing Contractor written notice,
or, if not reasonably capable of being cured within thirty(30)calendar days,within
such other reasonable period of time upon which the parties may agree.
c. Hearing. This Agreement shall not be terminated except upon a majority vote of
the City Council, after giving reasonable notice to Contractor. The Contractor will
have an opportunity to be heard, provided if exigent circumstances necessitate
immediate termination, the hearing may be held as soon as possible after the
termination.
15.3 Venue. This Contract has been made under and shall be governed by the laws of the State
of Texas. The parties agree that performance and all matters related thereto shall be in
Brazos County, Texas.
15.4 Amendment. This Agreement may only be amended by written instrument approved and
executed by the parties.
15.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes.
15.6 Compliance with Laws. The Contractor will comply with all applicable federal, state,
and local statues, regulations, ordinances, and other laws, including but not limited to the
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Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the
labor or services of an undocumented worker. The Contractor, not the City, must verify
eligibility for employment as required by IRCA.
15.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this
Contract shall be deemed or construed to be a waiver of deferral of any other term or
condition or subsequent waiver or deferral of the same term or condition.
15.8 Assignment. This Agreement and the rights and obligations contained herein may not be
assigned by the Contractor without the prior written approval of City.
15.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court of competent jurisdiction finds that any provision of this Agreement
is invalid or unenforceable, and if by limiting that provision, the Agreement may become
valid and enforceable, then such provision shall be deemed to be written, construed, and
enforced as so limited.
15.10 Entire Agreement. This Agreement represents the entire agreement between the City and
Contractor and supersedes all prior negotiations, representations, or agreements, either
written or oral.
15.11 Agree to Terms. The parties' state they have read the terms and conditions of this
Agreement and agree to the terms and conditions. Contractor shall evidence its
unconditional written acceptance of all the terms and conditions of this Agreement by the
execution of this Agreement.
15.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal
publication of this Agreement as provided by law, and provided it has been duly accepted
by Contractor as herein above provided, this Agreement shall not take effect until sixty
(60) days after its adoption on its second and final reading.
15.13 Notice. Any official notice under this Agreement will be sent to the following addresses:
City of College Station Pronto Services, LLC.
Attn: Heather Woolwine Attn: Laramie Wheaton
PO BOX 9960 PO Box 4662
1101 Texas Ave. 1733 Briarcrest Dr., Ste. 210
College Station,TX 77842 Bryan, TX 77802
hwoolwine(l cstx gov laramie(u)prontoscrviccsllc.com
15.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this
Agreement for all purposes.
A. Schedule of Rates
B. Insurance Requirements
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C. Certificates of Insurance
15.15 Public Meetings and Readings. This Agreement was passed adopted and approved
according to Texas Government Code Chapter 551.
a. First Consideration&Approval on the la day of npc,i i , 2018.
b. Second Consideration&Approval on the `a ro day of A , 2018.
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PRONT S S, CITY OF Orr A I
By: By: it./ � '
ar '
Printed Name: Laramie Wheaton
Title: Owner/Member Date:t2716r--- -
Date: 3/7/2018
ATTEST:
(tr a
City Secretary
Date: 5/`-/$
APPROVED:
CALL e.
City Mana e
D : L 1- ZOd
C y Atto / . 1
ate:
A/1 o..�.A ,J
Ass's n ty Manager/CFO
Date. 3 - () - (g
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EXHIBIT A. SCHEDULE OF RATES
Contractor's base rate is $110.00 per month, and may increase, depending on a variety of
conditions, including but not limited to:
• Location of Customer,
• Impact on Existing Routes,
• Ingress and Egress Capabilities,
• Special Requests by Customers,
• Frequency of Collections,
• Volume of Materials,
• Type of Materials,
• External Contributing Conditions of Market Costs.
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EXHIBIT B. INSURANCE REQUIREMENTS
Throughout the term of this Agreement the Contractor must comply with the following:
I) Standard Insurance Policies Required:
A) Commercial General Liability
B) Business Automobile Liability
C) Workers' Compensation
II) General Requirements Applicable to All Policies:
A) Certificates of Insurance shall be prepared and executed by the insurance company or its
authorized agent.
B) Certificates of Insurance and endorsements shall be furnished on the most current State of
Texas Department of Insurance-approved forms to the City's Representative at the time of
execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall
be approved by the City before work begins.
C) Contractor shall be responsible for all deductibles on any policies obtained in compliance
with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are
acceptable on a per-occurrence basis only.
D) The City will accept only Insurance Carriers licensed and authorized to do business in the
State of Texas.
E) The City will not accept "claims made"policies.
F) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability
before thirty(30) days written notice has been given to the City.
III) Commercial General Liability
A) General Liability insurance shall be written by a carrier rated "A: VIII" or better under the
current A. M. Best Key Rating Guide.
B) Policies shall contain an endorsement listing the City as Additional Insured and further
providing "primary and non-contributory" language with regard to self-insurance or any
insurance the City may have or obtain.
C) Limits of liability must be equal to or greater than $500,000 per occurrence for bodily
injury and property damage,with an annual aggregate limit of$1,000,000. Limits shall be
endorsed to be per project.
D) No coverage shall be excluded from the standard policy without notification of individual
exclusions being submitted for the City's review and acceptance
E) The coverage shall include, but not be limited to the following: premises/operations with
separate aggregate; independent contracts; products/completed operations; contractual
liability(insuring the indemnity provided herein)Host Liquor Liability, and Personal &
Advertising Liability.
IV) Business Automobile Liability
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A) Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or
better under the current A. M. Best Key Rating Guide.
B) Policies shall contain an endorsement listing the City as Additional Insured and further
providing "primary and non-contributory" language with regard to self-insurance or any
insurance the City may have or obtain
C) Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily
injury and property damage.
D) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the
liability section in Item 2 of the declarations page
E) The coverage shall include any autos, owned autos, leased or rented autos, non-owned
autos, and hired autos.
V) Workers' Compensation Insurance
A) Workers compensation insurance shall include the following terms:
1) Employer's Liability minimum limits of liability not less than $500,000 for each
accident/each disease/each employee are required
2) "Texas Waiver of Our Right to Recover From Others Endorsement,WC 42 03 04"shall
be included in this policy
3) TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C
must contain the following: "All States except those listed in Item 3A and the States of
NV,ND, OH,WA,WV, and WY"
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EXHIBIT C. CERTIFICATES OF INSURANCE
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A?El CERTIFICATE OF LIABILITY INSURANCE DAr3/7/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER CONTNAMEACT Mary Lapaglia
CHRIS BATTEN INSURANCE AGENCY PHONE
fAiC,No,Ext); (936)291-8313 1rz,No: (979)776.4766
1152411th St Ste D E-MAIL lapaglmAnationwide.com
Huntsville,TX 77340-3800 INSURER{SIAFFORDING COVERAGE NAIC#
INSURER A: Nationwide P&C Ins Co 37877
i INSURED INSURER B: Texas Mutual Ins Co 22945
Pronto Services,LLC INSURER C: Nationwide Mutual Fire Ins Co 23779
INSURER D:
PO Box 4662 INSURER E:
BRYAN,TX 77805 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUER POLICY EFF POLICY EXP
LTRINS° 1yvD POLICY NUMBER IMMIDDIYYYYI {MM/DDJYYYY)I
TYPE OF INSURANCE LIMITS
X COMMERCIAL GENERAL LIABILITY OCCURRENCE
I EACH I$ 1,000,000
DAMAGE TO RENTED CLAIMS-MADE X OCCUR I I$ 100,000
PREMISES iEa occurrence)
I MED EXP(Any one person) I$ 5,000 I
A ACP3017939069 10112/2017 10/1212018 PERSONAL 8.ADV INJURY I$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PEE: GENERAL AGGREGATE- $ 2,000,000
_— 'At'
POLICY[ J JECT LOC PRODUCTS-COMP/OP AGG $ 2,000 000
OTHER: I$
AUTOMOBILE LIABILITY I(E�COMBINED
SINGLE LIMIT I$ 1,000,000
X ANY AUTO I BODILY INJURY(Per person) I$
OWNED SCHEDULED BODILY INJURY(Per accident)I$
A AUTOS ONLY _X,AUTOS ACP3017939069 10/12/2017 10/12/2018
vv HIRED NON-OWNED PROPERTY DAMAGE I
^, AUTOS ONLY _X AUTOS ONLY (per accident)
I$ _
$
X UMBRELLA LIAB f OCCUR EACH OCCURRENCE I$ 5,000,000
c EXCESS LIAB CLAIMS-MADE ACP3017939069 10/12/2017 10/12/2018 AGGREGATE I$
I DED I I RETENTIONS X $
WORKERS COMPENSATION I STATUTE I OTH
AND EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE YIN I E.L.EACH ACCIDENT $ 1,000,000
B OFFICER/MEMBER EXCLUDED? [Y 'N/A TSF0001313952 10/12/2017 10/12/2018
(Mandatory In NH) IE.L.DISEASE-EAEMPLOYEE$ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L,DISEASE-POLICYLIMIT $ 1,000.000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
City of College Station is listed as additional insured on all policies except workers compensation on a primary and
non-contributory basis. A waiver of subrogation and a 30-Day notice of cancellation in favor of City of College Station is applied to
all listed policies.
CERTIFICATE HOLDER CANCELLATION
City of College Station SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Attn: Risk Management THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
PO Box 9960 ACCORDANCE WITH THE POLICY PROVISIONS,
College Station, TX 77840 AUTHORIZED REPRESENTATIVE eryff/.
I
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