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HomeMy WebLinkAbout2025-4587 - Ordinance - 04/24/2025ORDINANCE NO. 2025-4587 RECYCLABLES COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, MAROON DUMPSTERS, 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 DEMOLITION AND CONSTRUCTION DEBRIS, RECYCABLES, AND ORGANIC WASTE FROM COMMERCIAL, INDUSTRIAL, AND MULTI -FAMILY SITES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY. WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal services for solid waste aggregated from within the City limits including, but not limited to Recyclables; and WHEREAS, the City pursuant to City Charter Article XI, may grant franchises to entities for use of public streets, alleys, and highways for collection of Solid Waste and Recyclables generated within the 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 and other waste for disposal using roll off containers, and recyclable materials, and organic waste from multifamily and commercial locations for the purpose of recycling. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 1 of 16 Table of Contents ArticleI. Definitions..................................................................................................................3 Article II. Grant of Authority and Acceptance............................................................................4 ArticleIII. Payment and Term....................................................................................................4 Article IV. Access to Records & Reporting................................................................................6 Article V. Rates to be Charged by Contractor.............................................................................6 Article VI. Appearance of Personnel and Equipment..................................................................6 Article VII. Collection and Transport of Recyclables.................................................................7 Article VIII. Placement of Receptacles.......................................................................................7 ArticleIX. Service Complaints...................................................................................................7 Article X. Disposal and Processing.............................................................................................8 Article XI. Violation and Penalty...............................................................................................8 ArticleXII. Insurance.................................................................................................................8 Article XIII. Indemnification and Release..................................................................................9 Article XIV. Disputes and Mediation.........................................................................................9 ArticleXV. General Terms......................................................................................................10 ExhibitA. Schedule of Rates....................................................................................................13 ExhibitB. Insurance Requirements..........................................................................................14 I) Standard Insurance Policies Required: ............................................................................ 14 II) General Requirements Applicable to All Policies: .......................................................... 14 III) Commercial General Liability.....................................................................................14 IV) Business Automobile Liability....................................................................................15 V) Workers' Compensation Insurance..............................................................................15 Exhibit C. Certificates of Insurance..........................................................................................16 Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 2 of 16 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. Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 3 of 16 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, recyclables and organic waste from commercial, industrial, multifamily and residential construction sites for the purpose of disposal and/or recycling within the jurisdictional limits of the City. Contractor is expressly prohibited from collecting any recyclables from completed residences that are covered by the City's residential single stream recycling contract and program. All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City's governmental and police powers. 2.2 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 construction sites, 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: Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 4 of 16 a. A fee is required, equivalent to five percent (5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least 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, within the jurisdictional limits of the City, for the previous quarter. c. The total gross revenues for the previous calendar quarter, for revenues generated under this agreement. d. The total payment amount. 3.5 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. Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 5 of 16 ARTICLE IV. ACCESS TO RECORDS & REPORTING 4.1 Facilities. The City shall have the right to inspect the Contractor's facilities, equipment, personnel, and operations to ensure compliance with this Agreement. 4.2 Records. The City shall have the right to inspect Contractor's records, receipts, and all documentation relating to the performance of this Agreement. Those records include, but are not limited to, information concerning the quality and quantity of Recyclables collected, processed, and sold; number of Customers served, gross amounts paid to and paid by Contractor from the sale/processing of Recyclables. The City agrees to notify the Contractor at least twenty-four (24) hours prior to such inspection of operations and/or records. 4.3 Records Retention. Contractor shall retain all records associated with this Agreement for a period of four (4) years. City shall have access to information regarding Contractor's markets and prices paid for each type of material's return/cost; all information obtained by City marked confidential or proprietary shall remain confidential or proprietary pursuant to the Texas Open Records Act. 4.4 Activity Report. Contractor shall provide a Monthly Recycling Activity Report, on a form approved by the City, summarizing the previous month's collection. This report is due to the City's Representative no later than the twentieth (20th) calendar day of each month. Contractor's report shall include the following information: a. The Customer collection count, itemized by customer type. b. Total tonnage of materials collected, recycled, composted and/or landfilled, itemized by type of material, within the jurisdictional limits of the City. c. Any other information concerning the collections 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 collection. The City shall have the right to inspect and approve the appearance of collection equipment. A standby vehicle shall be available at all times for collection. Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 6 of 16 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 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 7.1 Transport. The Contractor shall only transport collected materials 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 proj ect. 7.2 Cover. During transport of materials 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. Collections shall not interfere with the City's collection of municipal solid waste. Under no circumstances shall contractor place roll -offs, compactors, or receptacles in existing enclosures designated for City roll -offs, compactors, and receptacles. ARTICLE IX. SERVICE COMPLAINTS 9.1 Nature of Complaint. Contractor shall handle directly any complaints pertaining to customer service, property damage, or personal injury from their commercial business and multifamily Recyclables collection service. 9.2 Intake. Contractor shall develop written practices and procedures for receiving and resolving Customer complaints and collection issues. Any complaint received by the City shall be forwarded to the Contractor within one (1) business day of receipt. Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 7 of 16 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. ARTICLE XI. VIOLATION AND PENALTY 11.1 Fine. It shall be unlawful for any person, firm or corporation to violate any provision or term of this Agreement and they shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and every day a violation continues constitutes a separate offense. 11.2 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights the City may possess at law or equity, the City reserves the right to apply any remedies, alone or in combination, in the event Contractor violates any provision of this Agreement. The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. ARTICLE XII. INSURANCE 12.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its agents, representatives, volunteers, employees, or subcontractors. 12.2 The Contractor's insurance shall list the City of College Station, its employees, agents, volunteers, and officials as additional insureds. Insurance requirements are attached in Exhibit B. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 8 of 16 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 are not able to resolve the dispute under the procedure in this article, then the parties agree the matter shall be referred to non -binding mediation. The parties shall mutually agree upon a mediator to assist in resolving their differences. If the parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the 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. Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 9 of 16 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. 45.2 Termination. a. For Convenience. At anytime, the City or Contractor may terminate this Agreement for convenience, in writing with thirty (30) days' written notice. City shall be compensated for outstanding Franchise Fees. b. For Cause. City may terminate this Agreement if Contractor materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Agreement, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) days of City providing Contractor written notice, or, if not 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 statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 15.7 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. Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 10 of 16 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 Maroon Dumpsters, LLC Attn: Caroline Ask Attn: Leah Jones, CFO PO BOX 9960 P.O. Box 11648 College Station, TX 77842 College Station, Texas 77842-1648 cask@cstx.gov Leah@maroondumpsters.net 15.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. A. Schedule of Rates B. Insurance Requirements C. Certificates of Insurance 15.15 Public Meetings and Readings. This Agreement was passed, adopted and approved according to Texas Government Code Chapter 551. a. First Consideration &Approval on the 1 Oth day of Anril, 2025. b. Second Consideration & Approval on the 24th day of April, 2025. Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 11 of 16 MAROON DUMPSTERS, LLC CITY OF COLLEGE STATION By: ji AL. �IAI,t By: q- p-&Lc ayor Printed Name: Leah Tones Title: Owner/Member Date: 4/25/2025 Date: 3/6/2025 ATTEST: City Secretary Date: 4/28/2025 APPROVED: City Manager Date: 4/25/2025 City Attorney Date: 3/10/2025 Assistant City Manager/CFO Date: 3/10/2025 Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 12 of 16 EXHIBIT A. SCHEDULE OF RATES I. Contractor's base rate is $265.00 per pull, and may increase, depending on a variety of conditions, including but not limited to: a. Location of Customer b. Impact on Existing Routes c. Ingress and Egress Capabilities d. Special Requests by Customers e. Frequency of Collections f. Volume of Materials g. Type of Materials h. External Contributing Conditions of Market Costs Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 13 of 16 EXHIBIT B. INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: a. Commercial General Liability b. Business Automobile Liability c. Workers' Compensation II. General Requirements Applicable to All Policies: a. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. b. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance -approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the 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 licensed Insurance Carriers authorized to do business in the State of Texas. e. The City will not accept "claims made" policies. f. Coverage shall not be suspended, canceled, non -renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability a. General Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the 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. Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 14 of 16 IV. Business Automobile Liability a. Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain c. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. d. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page e. The coverage shall include any autos, owned autos, leased or rented autos, non -owned autos, and hired autos. V. Workers' Compensation Insurance a. Workers compensation insurance shall include the following terms: i. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required ii. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy iii. TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY" Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 15 of 16 EXHIBIT C. CERTIFICATES OF INSURANCE Contract No. 25300398 Recyclable Collection Franchise Ordinance Page 16 of 16 / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 2(MM/DD5 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 CONTACT NAME: Dede Mora ANCO Insurance PO Box 3889 PHONE FAX AIC No Ext : 800-749-1733 x6977 A/C No): 979-774-5372 ADDRESS: morad@anco.com Bryan TX 77805 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Acuity A Mutual Insurance Comp 14184 INSURED MARODUM-01 INSURER B : Maroon Dumpsters, LLC PO Box 11648 INSURER C : INSURER D : College Station TX 77842 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:972270506 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR ZT6531 12/27/2024 12/27/2025 EACH OCCURRENCE $1,000,000 TED PREMISES (Ea oDAMAGE TO ccurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- JECT ❑ LOC OTHER: GENERAL AGGREGATE $3,000,000 X PRODUCTS - COMP/OP AGG $ 3,000,000 PD Deductible $ 1,000 A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY ZT6531 12/27/2024 12/27/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ZT6531 12/27/2024 12/27/2025 EACH OCCURRENCE $ 1,000,000 X AGGREGATE $ 1,000,000 DED X RETENTION $ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA ZT6529 12/27/2024 12/27/2025 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Jacob Yanez, Henry Yanez, and Cindy Yanez are excluded from coverage on the Workers' Compensation policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of College Station ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management AUTHORIZED REPRESENTATIVE PO Box 9960 College Station TX 77842 -•_ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ZT6531 ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN AGREEMENT WITH YOU - PRIMARY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM 1. Who Is an Insured under Section II - Liability Coverage is amended to include any person or organization with whom you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such persons or organizations are addi- tional insureds only with respect to liability arising CA-7214(10-98) out of operations performed for the additional insured by you. 2. The coverage provided by this endorsement will be primary and noncontributory with respect to any other coverage available to the additional insured. 3. The Limits of Insurance applicable to the additional insured are those specified in the written con- tract or agreement or in the Declarations for this Coverage Form, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. CA-7214(10-98) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: ZT6531 TRUCKERS' ENHANCEMENTS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. Temporary Substitute Vehicle Physical Dam- age The following is added to item C Certain Trail- ers, Mobile Equipment and Temporary Substi- tute Autos under Section I - Covered Autos: If Physical Damage Coverage is provided by this Coverage Form, any auto you do not own while used with permission of its owner as a temporary substitute for a covered auto you own that is out of service because of its break- down, repair, servicing, loss or destruction is a covered auto for Physical Damage Coverage. B. Who Is an Insured The following are added to Who Is an Insured under Section II - Liability Coverage: 1. Newly Acquired Organizations Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afford- ed only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. This coverage does not apply to bodily injury or property damage that occurred before you acquired or formed the or- ganization; c. No person or organization is an insured with respect to the conduct of any cur- rent or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Dec- larations. 2. Employees as Insureds Any employee of yours is an insured while using a covered auto you do not own, hire or borrow in your business or your personal affairs. CA-7260(11-15) D. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II - Liability Coverage does not apply. E. Towing for Covered Autos after Covered Losses The following is added to paragraph A4 Cov- erage Extensions of Section III - Physical Dam- age Coverage in the Business Auto Coverage Form and to paragraph - A4 Coverage Exten- sion under Section IV - Physical Damage Cov- erage in the Motor Carrier Coverage Form and the Towing Coverage endorsement, if it applies to the policy: If a covered loss to a covered auto renders the vehicle undriveable, we will pay for reasonable and necessary costs to tow the vehicle to the nearest service or salvage facility. This cov- erage only applies to a covered auto insured for Comprehensive or Collision coverage. Such payments will not reduce the limits of insurance described in C Limit of Insurance. F. Transportation Expenses The Transportation Expenses Coverage Exten- sion is replaced by the following: We will also pay up to $75 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered auto of the private passenger or light truck type. We will pay only for those covered autos for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses in- curred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered auto is returned to use or we pay for its loss. G. Increased Sub -limit for Audio, Visual and Data Electronic Equipment Coverage The sub -limit shown in paragraph C2 of the Limit of Insurance Provision of Section III - Physical Damage Coverage in the Business Auto Coverage Form is increased to $3,000. H. The following are added to Coverage Exten- sions under Section III - Physical Damage Cov- erage of the Business Auto Coverage Form and to Section IV - Physical Damage Coverage in the Motor Carrier Coverage Form: 1. Accidental Airbag Discharge C. Increased Supplementary Payments We will pay to replace an airbag that de- 1. The limit shown in paragraph A2a(2) of ploys without the car being involved in an Section I1 -Liability Coverage is increased accident. This coverage applies only to a to coon 1. covered auto which you own. $3,02. The limit shown in paragraph A2a(4) of 2. Loan/Lease Gap Coverage Section II - Liability Coverage is increased a. Private Passenger or Light Truck to $300. Types CA-7260(11-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 In the event of a total loss to a covered the following limit. auto of the private passenger or light The most we will pay under this extension truck type, we will pay any unpaid is the lesser of the actual cash value, the amount due on the lease or loan, less: cost of repair or $50,000, minus a deduct- (1) The amount paid under the Phys- ible. The deductible will be equal to the ical Damage Coverage Section of largest deductible applicable to any owned the policy; and auto of the private passenger or light truck (2) Any: type for that coverage. Subject to the above limit, deductible and excess provisions, we (a) Overdue lease/loan payments will provide coverage equal to the broadest at the time of the loss; coverage applicable to any covered auto you (b) Financial penalties imposed own of the private passenger or light truck under a lease for excessive type. use, abnormal wear and tear 4. Rental Reimbursement Coverage for Pri- or high mileage; vate Passenger Vehicles or Light Trucks (c) Security deposits not returned a. This coverage applies only to a covered by the lessor; auto of the private passenger or light (d) Costs for extended warranties, truck type. Credit Life Insurance, Health, b. We will pay for rental reimbursement Accident or Disability Insur- expenses incurred by you for the rental ance purchased with the loan of an auto because of a covered loss to or lease; and an auto to which this extension applies. (e) Carry-over balances from pre- Payment applies in addition to the oth- vious loans or leases. erwise applicable amount of each cov- b. Truckers, Other than Private Passen- erage you have on a covered auto. No ger and Light Truck Types deductibles apply to this coverage. In the event of a total loss to a covered c. We will pay only for those expenses auto of the truck type, we will pay up to incurred during the policy period begin- $5,000 for any unpaid amount due on ning 24 hours after the loss and ending, the lease or loan, less: regardless of the policy's expiration, with the lesser of the following number of (1) The amount paid under the Phys- days: ical Damage Coverage Section of (1) The number of days reasonably re- the policy; and quired to repair or replace the cov- (2) Any: ered auto. If loss is caused by (a) Overdue lease/loan payments theft, this number of days is added at the time of the loss; to the number of days it takes to (b) Financial penalties imposed locate the covered auto and return it under a lease for excessive to you. use, abnormal wear and tear or (2) 30 days. high mileage; d. Our payment is limited to the lesser of (c) Security deposits not returned the following amounts: by the lessor; (1) Necessary and actual expenses in- (d) Costs for extended warranties, curred. Credit Life Insurance, Health, (2) $75 per day to a maximum of Accident or Disability Insur- $1,500. ance purchased with the loan or lease; and e. This coverage does not apply while there are spare or reserve autos avail- (e) Carry-over balances from pre- able to you for your operations. vious loans or leases. f. If loss results from the total theft of a 3. Hired Auto Physical Damage Coverage covered auto to which this extension If hired autos are covered autos for Liability applies, we will pay under this coverage Coverage, then the Physical Damage Cov- only that amount of your rental reim- erages provided under this Coverage Form bursement expenses which is not al - for any auto you own are extended to autos ready provided for under the Physical of the private passenger or light truck Damage Coverage Extensions. type which you lease, hire, rent or borrow g. The Rental Reimbursement Coverage for a period of 30 days or less, subject to CA-7260(11-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 described above does not apply to a cov- ered auto that is described or designated as a covered auto on Rental Reimburse- ment Coverage Form CA-9923F. 5. Fire Department Service Charge When the fire department is called to save or protect a covered auto, its equipment, its contents, or occupants from a covered loss, we will pay up to $1,000 for your liability for fire department service charges: a. Assumed by contract or agreement pri- or to loss; or b. Required by local ordinance. No deductible applies to this additional cov- erage. 6. Fire Extinguisher Recharge We will pay the actual cost of recharging or replacing, whichever is less, fire extinguish- ers kept in your covered auto that are inten- tionally discharged in an attempt to extin- guish a fire. 7. Broad Form Electronic Equipment Cover- age We will also pay, with respect to a covered loss, the actual cash value, repair cost, re- placement cost or $5,000, whichever is less, for loss to electronic equipment owned by you and used in your business while inside or attached to a covered auto. Deductible A deductible applies to this coverage. Refer to paragraph O Deductible Applicable to Broad Form Electronic Equipment, Fuel in Vehicle, Miscellaneous Equipment Used With Covered Vehicle, Personal Property Coverages, and Electronic Logging Devices or Electronic On -Board Recorders for fur- ther information. Other Insurance The Broad Form Electronic Equipment Cov- erage is excess over any other insurance coverage available for the same loss. Exclusions Exclusions Applicable to Broad Form Elec- tronic Equipment, Miscellaneous Equipment and Personal Property Coverages Exten- sions apply to this extension. 8. Rental Reimbursement, Business Income and Extra Expense Coverage Limits The most we will pay for all loss for each covered auto involved in any one accident for Rental Reimbursement, Business In- come and Extra Expense combined is $10,000. Coverage a. Rental Reimbursement Coverage (1) We will pay for expenses incurred by you during the period of restora- tion for the rental of an auto made necessary because of a covered loss to a covered auto used in your business. The loss must be caused by a cause of loss covered under item Al of Physical Damage Cov- erage in this Coverage Part. (2) This Rental Reimbursement Cover- age does not apply to a covered auto of the private passenger or light truck type because coverage for these vehicles is provided in item 4 of this endorsement. b. Business Income and Extra Expense Coverage (1) Business Income Coverage (a) Actual Loss Sustained Cover- age - We will pay the actual loss of business income sus- tained by you as the result of the necessary suspension of your business during the pe- riod of restoration due to a loss to a covered auto used in your business. The loss must be caused by a cause of loss covered under item Al of Physical Damage Coverage in this Coverage Part. (b) Specified Amount per Day Coverage - At your option, we will pay up to $250 per day for a maximum of seven days during the period of restora- tion for income loss. The loss must be caused by a cause of loss covered under item Al of Physical Damage Coverage in this Coverage Part. (2) Extra Expense Coverage We will pay the necessary and rea- sonable extra expenses that you in- cur during the period of restoration that you would not have incurred had there been no loss to a cov- ered auto used in your business. The loss must be caused by a cause of loss covered under item Al of Physical Damage Coverage in this Coverage Part. Conditions a. Any payment for Business Income made under Specified Amount per Day Coverage reduces the payment we CA-7260(11-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 make under any other coverages listed in extension 8. b. No other deductible applies to these coverages. c. We will not pay under these coverages if you do not repair or replace the cov- ered auto. d. You must resume all or part of your business as quickly as possible. e. If you have other autos you can use to reduce the amount of loss payable un- der these coverages, you are required to use them. f. We will not pay for loss or expenses caused by suspension, lapse or can- cellation of any license, lease or con- tract. But if the suspension, lapse or cancellation is directly caused by the suspension of your business, we will cover such loss that affects your busi- ness income. g. We will pay for expenses you incur to reduce the amount that would other- wise have been payable under this cov- erage. We will not pay more than the amount by which you actually reduce the business income loss or extra ex- pense incurred. 9. Fuel in Vehicle Coverage We will also pay, with respect to a covered loss, the actual loss sustained for the loss to the fuel used to operate your vehicle but only with respect to a covered auto. You must provide documentation supporting your claim for damages. Deductible A deductible applies to this coverage. Refer to paragraph O Deductible Applicable to Broad Form Electronic Equipment, Fuel in Vehicle, Miscellaneous Equipment Used With Covered Vehicle, Personal Property Coverages, and Electronic Logging Devices or Electronic On -Board Recorders for fur- ther information. 10. Miscellaneous Equipment Used With Covered Vehicle Coverage We will also pay, with respect to a covered loss, the actual cash value, repair cost, or replacement cost, whichever is less, for loss to your miscellaneous equipment but only with respect to a covered auto. Deductible A deductible applies to this coverage. Refer to paragraph O Deductible Applicable to Broad Form Electronic Equipment, Fuel in Vehicle, Miscellaneous Equipment Used With Covered Vehicle, Personal Property Coverages, and Electronic Logging Devices or Electronic On -Board Recorders for fur- ther information. Exclusions Exclusions Applicable to Broad Form Elec- tronic Equipment, Miscellaneous Equipment and Personal Property Coverages Exten- sions apply to this extension. 11. Miscellaneous Equipment Used With Trailers Used by You Coverage We will pay for loss to your miscellaneous equipment used in the handling of property being transported on trailers that are not a covered auto on this policy up to the actual cash value, repair cost, replacement cost or $1,000, whichever is less. The loss is sub- ject to a $250 deductible. We will not pay for loss caused by wear and tear. In addition, Exclusions Applicable to Broad Form Electronic Equipment, Miscellaneous Equipment and Personal Property Cover- ages Extensions apply to this extension. 12. Personal Property Coverage We will also pay, with respect to a cov- ered loss, the actual cash value, repair cost, replacement cost or $2,500, which- ever is less, for loss to personal property, including business personal property, own- ed by you or a driver while inside a cov- ered auto. We will not pay for loss to: a. Accounts, bills, currency, deeds, money, notes, securities and evidences of debt; b. Bullion, precious stones, jewelry or similar valuables, paintings, art objects, manuscripts or mechanical drawings; c. Contraband or property in the course of illegal transportation or trade; d. Furs, animals, birds or fish; e. Electronic equipment owned by you and used in your business; f. Firearms; and g. An auto, its equipment or fluids, includ- ing fuel. Other exclusions also apply to this cover- age. Refer to paragraph N Exclusions Ap- plicable to Broad Form Electronic Equip- ment, Miscellaneous Equipment and Per- sonal Property Coverages Extensions for more information. The Personal Property Coverage is excess over any other insurance coverage available for the same loss. CA-7260(11-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 Deductible A deductible applies to this coverage. Refer to paragraph O Deductible Applicable to Broad Form Electronic Equipment, Fuel in Vehicle, Miscellaneous Equipment Used With Covered Vehicle, Personal Property Coverages, and Electronic Logging Devices or Electronic On -Board Recorders for fur- ther information. 13. Electronic Logging Devices or Electronic On -Board Recorders We will also pay, with respect to a covered loss, up to $3,000 for the actual loss sus- tained to an electronic on -board recorder or electronic logging device permanently in- stalled in the auto but only with respect to a covered auto. Deductible A deductible applies to this coverage. Refer to paragraph O Deductible Applicable to Broad Form Electronic Equipment, Fuel in Vehicle, Miscellaneous Equipment Used With Covered Vehicle, Personal Property Coverages, and Electronic Logging Devices or Electronic On -Board Recorders for fur- ther information. I. Deductible Provision Paragraph D, Deductible of Section III - Physical Damage Coverage in the Business Auto Cov- erage Form and paragraph D, Deductible of Sec- tion IV - Physical Damage Coverage in the Motor Carrier Coverage Form are replaced by the following: 1. For each covered auto, our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declara- tions. Any Comprehensive Coverage de- ductible shown in the Declarations does not apply to loss caused by fire or lightning. 2. Combined Truck, Tractor/Trailer, Cargo Deductible a. If you have a loss to more than one covered auto when such covered autos are attached to one another at the time of loss, then our obligation to pay will be reduced by the single highest ap- plicable deductible. b. If you have a covered loss to Covered Property under a Transportation or Mo- tor Truck Cargo Coverage Form under this policy and a covered loss to a cov- ered auto or more than one covered autos that are attached to one another at the time of loss, then our obligation to pay will be reduced by the single highest applicable deductible. 3. The deductibles will not apply to loss caused by a collision of a covered auto with any other auto insured by us. 4. If the insured chooses to have a damaged windshield or other glass repaired instead of replaced, no deductible will apply to the loss. J. Knowledge of Claim or Suit The following is added to the Duties in the Event of Accident, Claim, Suit or Loss Con- dition: Knowledge of an accident, claim, suit or loss by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless your partners, executive officers, direc- tors, managers, members or a person who has been designated by them to receive reports of accidents, claims, suits or loss shall have re- ceived such notice from the agent or employee. K. Waiver of Subrogation for Written Contracts The following is added to the Transfer of Rights of Recovery Against Others to Us Condition: We waive any right of recovery we may have against a person or organization because of payments we make for bodily injury or property damage arising out of your use of a covered auto which occurs while under a contract with that person or organization. The waiver applies only to a person or organization with whom you have a written contract or agreement requiring you to waive the right of recovery under this policy. The written contract or agreement must have been executed prior to the accident caus- ing bodily injury or property damage. L. Worldwide Coverage Territory for Hired Autos The following is added to paragraph B7 of Section IV - Business Auto Conditions of the Business Auto Coverage Form and to Section V - Motor Carrier Conditions of the Motor Carrier Cov- erage Form: With respect to autos hired for 30 days or less, the coverage territory is extended to include all parts of the world if the insured's responsibility to pay damages is determined in a suit in the United States of America (including its territor- ies and possessions), Puerto Rico or Canada or in a settlement we agree to. M. Mental Anguish Coverage The Definition of bodily injury is amended to include mental anguish. N. Exclusions Applicable to Broad Form Elec- tronic Equipment, Miscellaneous Equipment and Personal Property Coverages Exten- sions We will not pay for loss: 1. Caused by theft, unless there are visible CA-7260(11-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 signs or marks of forcible entry into the covered auto and the theft is reported to law enforcement authorities; 2. Caused by mysterious disappearance; or 3. Under Personal Property and Broad Form Electronics Coverage to: a. Radar detection devices; or b. Actual data and instructions converted to a form for use with electronic equip- ment, however maintained. O. Deductible Applicable to Broad Form Elec- tronic Equipment, Fuel in Vehicle, Miscella- neous Equipment Used With Covered Vehi- cle, Personal Property Coverages, and Elec- tronic Logging Devices or Electronic On - Board Recorders 1. If loss to property covered by these exten- sions is the result of a loss to the covered auto under this Coverage Form's Compre- hensive or Collision Coverage, then for each covered auto our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to loss to property covered by an extension caused by fire or lightning. 2. If loss to property covered by these exten- sions is the result of a loss to the covered auto under this Coverage Form's Specified Causes of Loss Coverage, then for each cov- ered auto our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 3. In the event that there is more than one applicable deductible, only the highest de- ductible will apply. In no event will more than one deductible apply. P. Coverage Extensions Definitions 1. "Business income" means the: a. Net income (Net profit or loss before income taxes) that would have been earned or incurred if no loss would have occurred; and b. Continuing normal operating expenses incurred, including payroll. 2. "Electronic equipment" includes any computer system, computer media, fax machine, satellite system, video monitoring system, cellular telephone, two-way radio or telephone, scanning monitor receiver, collision preven- tion system or GPS system. Electronic equip- ment includes any antennas, tapes, records, discs used with the electronic equipment and other accessories used to operate the equip- ment. Because the following electronic equipment is insured elsewhere in this Coverage Form, electronic equipment does not mean: a. Electronic equipment permanently in- stalled in the location provided for such equipment by the original manufacturer of the auto; and b. Equipment designed to be operated solely by use of the power from the auto's electrical system that, at the time of loss, is: (1) Permanently installed in or upon the covered auto; or (2) Removable from a housing unit which is permanently installed in or upon the covered auto. c. An integral part of the same unit hous- ing any electronic equipment described in paragraphs b(1) and b(2) above; or d. Necessary for the normal operation of the covered auto or the monitoring of the covered auto's operating system. 3. "Extra expense" means those expenses you incur to avoid or minimize the suspension of business and to continue your business op- erations. 4. "Light truck" means a truck with a gross vehicle weight of 10,000 pounds or less. 5. "Miscellaneous equipment" means hand trucks, dollies, pallets, pads, covers, bind- ers, tarps, tie -downs, chains and other simi- lar equipment used in the handling of prop- erty being transported. 6. "Period of restoration" means the period of time that: a. Begins: (1) Twenty-four hours after the time of loss for Rental Reimbursement Coverage or Business Income Cov- erage; or (2) Immediately after the time of loss for Extra Expense Coverage; and b. Ends at the earliest of: (1) The time required to resume your normal business operations; or (2) The time that is reasonably neces- sary to repair or replace the cov- ered auto. Period of restoration does not include any increased period required due to the en- forcement of any ordinance or law that re- quires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of pollutants. The expiration date of this policy will not cut short the period of restoration. CA-7260(11-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 POLICY NUMBER: ZT6531 PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS -COMPLETED OPERATIONS LIABILITY COV- ERAGE FORM RESIDENTIAL CARE FACILITY LIABILITY COVERAGE PART The following is added to the Other Insurance Con- dition and supersedes any provision to the contrary: Primary And Noncontributory Insurance CG-2001 R(4-13) This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured un- der such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG-2001R(4-13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: ZT6531 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTO- MATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Section II - Who Is An Insured is amended to include as an additional insured: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an ad- ditional insured on your policy; and b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in paragraph a above. Such person or organization is an additional insured only with respect to liability for bodily injury, property damage or personal and ad- vertising injury caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However the insurance afforded to such addi- tional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded these additional insureds, the following additional ex- clusions apply: This insurance does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of the ren- dering of, or the failure to render, any pro- fessional architectural, engineering or sur- veying services, including: CG-2033R(6-13) (1) The preparing, approving or failing to prepare or approve maps, shop draw- ings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employ- ment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of or the failure to render any pro- fessional architectural, engineering or surveying services. b. Bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in per- forming operations for a principal as a part of the same project. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: a. Required by the contract or agreement you have entered into with the additional in- sured; or b. Available under the applicable Limits of In- surance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the De- clarations. CG-2033R(6-13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: ZT6531 ADDITIONAL INSURED - COMPLETED OPERATIONS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (OWNERS, LESSEES OR CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS -COMPLETED OPERATIONS LIABILITY COV- ERAGE FORM 1. Section II - Who Is An Insured is amended to include as an additional insured: a. Any person(s) or organization(s) for whom you have performed operations if you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as additional insured on your policy for completed operations; and b. Any other person(s) or organization(s) you are required to add as an additional insured under the contract or agreement described in paragraph a above. Such person or organization is an additional in- sured only with respect to liability included in the products -completed operations hazard for bodily injury or property damage caused, in whole or in part, by your work performed for that additional insured at the location designated and described in the contract or agreement. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such addi- tional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. Bodily injury or property damage which oc- curs prior to the execution of the contract or agreement described in item 1; or CG-7277(6-13) b. Bodily injury or property damage that oc- curs after the time period during which the contract or agreement described in item 1 requires you to add such person or or- ganization onto your policy as an additional insured for completed operations; or c. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional, architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of or the failure to render any professional services by or for you. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of In- surance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. CG-7277(6-13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: ZT6531 ACUITY ENHANCEMENTS - GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Extended Non -Owned Watercraft Exclusion g Exception (2)(a) of Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: (a) Less than 51 feet long; and B. Increased Bail Bond Amount The limit shown in paragraph 1 b of Supplementary Payments - Coverages A and B is increased to $1,000. C. Increased Reasonable Expenses Incurred by the Insured The limit shown in paragraph 1d of Supplementary Payments - Coverages A and B is increased to $350. D. Newly Acquired Organizations Item 3a of Section II - Who Is An Insured is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; E. Tenants Legal Liability Paragraphs (1), (3) and (4) of the Damage to Property Exclusion under Section I - Coverages do not apply to property damage (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 8 or more consecutive days. The most we will pay under this coverage for damages because of property damage to any one premises is $10,000. A $250 deductible applies. F. Knowledge of Claim or Suit The following is added to paragraph 2, Duties in the Event of Occurrence, Offense, Claim or Suit of Section IV - Commercial General Liability Conditions: Knowledge of an occurrence, claim or suit by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. G. Unintentional Failure to Disclose Hazard CG-7301(12-19) will not reject coverage under this policy based solely on such failure. H. Waiver of Subrogation for Written Contracts The following is added to the Transfer of Rights of Recovery Against Others to Us Condition under Section IV - Commercial General Liability Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. The waiver applies only to: 1. Any person or organization with whom you have a written contract or agreement in which you are required to waive rights of recovery under this policy. Such contract or agreement must have been executed prior to the occurrence causing injury or damage; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in paragraph 1 above. I. Liberalization The following is added to Section IV - Commercial General Liability Conditions: If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. J. Broadened Bodily Injury The Definition of Bodily Injury is amended to include mental anguish. K. Electronic Data Liability 1. Exclusion 2q of Coverage A - Bodily Injury And Property Damage Liability in Section I - Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: q. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability The following is added to the Representations Damages arising out of: Condition under Section IV - Commercial (1) Any access to or disclosure of General Liability Conditions: any person's or organization's Based on our dependence upon your confidential or personal representations as to existing hazards, if information, including patents, trade unintentionally you should fail to disclose all such secrets, processing methods, hazards at the inception date of your policy, we customer lists, financial CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in paragraph (1) or (2) above. However, unless paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. 2. The following paragraph is added to Section III - Limits of Insurance: Subject to paragraph 5 above, $10,000 is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence. 3. The following definition is added to Section V - Definitions: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and application software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 4. For the purposes of this coverage, the definition of property damage" in Section V - Definitions is replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this coverage, electronic data is not tangible property. L. Employee Benefits Liability Coverage 1. The following is added to Section I - Coverages: Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act, error or omission, of the insured, or of any other person for whose acts the insured is legally liable, to which this coverage applies. We will have the right and duty to defend the insured against any suit seeking those damages. However, we will have no duty to defend the insured against any suit seeking damages to which this coverage does not apply. We may, at our discretion, investigate any report of an act, error or omission and settle any claim or suit that may result. But: (1) The amount we will pay for damages is limited as described in paragraph 5 of this coverage; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This coverage applies to damages only if: (1) The act, error or omission, is negligently committed in the administration of your employee benefit program; (2) The act, error or omission, did not take place before the original inception date of this coverage nor after the end of the policy period; and (3) A claim for damages, because of an act, error or omission, is first made against any insured, in accordance with paragraph c below, during the policy period or an Extended Reporting Period we provide under paragraph 6 of this coverage. c. A claim seeking damages will be deemed to have been made at the earlier of the following times: (1) When notice of such claim is CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 received and recorded by any insured or by us, whichever comes first; or (2) When we make settlement in accordance with paragraph a above. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period, if no subsequent policy is available to cover the claim. d. All claims for damages made by an employee because of any act, error or omission, or a series of related acts, errors or omissions, including damages claimed by such employee's dependents and beneficiaries, will be deemed to have been made at the time the first of those claims is made against any insured. Exclusions This coverage does not apply to: a. Dishonest, Fraudulent, Criminal Or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or malicious act, error or omission, committed by any insured, including the willful or reckless violation of any statute. b. Bodily Injury, Property Damage, Or Personal And Advertising Injury Bodily injury, property damage or personal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. e. Inadequacy Of Performance Of Investment/Advice Given With Respect To Participation Any claim based upon: (1) Failure of any investment to perform; (2) Errors in providing information on past performance of investment vehicles; or (3) Advice given to any person with respect to that person's decision to participate or not to participate in any plan included in the employee benefit program. f. Workers' Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, unemployment compensation insurance, social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured, from the applicable funds accrued or other collectible insurance. L Taxes, Fines Or Penalties Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment -Related Practices Damages arising out of wrongful termination of employment, discrimination, or other employment -related practices. 2. For the purposes of the coverage provided: a. All references to Supplementary Payments - Coverages A and B are replaced by Supplementary Payments - Coverages A, B and Employee Benefits Liability. b. Paragraphs lb and 2 of the Supplementary Payments provision do not apply. 3. For the purposes of the coverage provided, paragraphs 2 and 3 of Section II - Who Is An Insured are replaced by the following: 2. Each of the following is also an insured: a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons, organizations or employees having proper temporary authorization to administer your employee benefit program if you die, but only until your legal representative is appointed. c. Your legal representative if you die, but only with respect to duties as CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 such. That representative will have all your rights and duties under this coverage. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. Coverage under this provision does not apply to any act, error or omission that was committed before you acquired or formed the organization. 4. For the purposes of the coverage provided, Section III - Limits Of Insurance is replaced by the following: Limits Of Insurance a. The Limits of Insurance shown in d below and the rules below fix the most we will pay regardless of the number of: (1) Insureds; (2) Claims made or suits brought; (3) Persons or organizations making claims or bringing suits; (4) Acts, errors or omissions; or (5) Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts, errors or omissions negligently committed in the administration of your employee benefit program. c. Subject to the Aggregate Limit, the Each Employee Limit is the most we will pay for all damages sustained by any one employee, including damages sustained by such employee's dependents and beneficiaries, as a result of: (1) An act, error or omission; or (2) A series of related acts, errors or omissions negligently committed in the administration of your employee benefit program. However, the amount paid under this coverage shall not exceed, and will be subject to, the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. d. Limits of Insurance Each Employee Limit: $250,000 Aggregate Limit: $250,000 The Limits of Insurance of this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the be ginning of the policy period shown in the Declarations of the policy to which this coverage is attached, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in a below as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in a below applies to all damages sustained by any one employee, including such employee's dependents and beneficiaries, because of all acts, errors or omissions to which this coverage applies. c. The terms of this coverage, including those with respect to: (1) Our right and duty to defend any suits seeking those damages; and (2) Your duties, and the duties of any other involved insured, in the event of an act, error or omission, or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as we have paid. e. Deductible Each Employee Deductible: $1,000 5. For the purposes of the coverage provided, Conditions 2 and 4 of Section IV - Conditions are replaced by the following: 2. Duties In The Event Of An Act, Error Or Omission, Or Claim Or Suit CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 a. You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, notice should include: (1) What the act, error or omission was and when it occurred; and (2) The names and addresses of anyone who may suffer damages as a result of the act, error or omission. b. If a claim is made or suit is brought against any insured, you must: (1) Immediately record the specifics of the claim or suit and the date received; and (2) Notify us as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit, (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the suit, and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of an act, error or omission to which this coverage may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation or incur any expense without our consent. e. The requirements to notify us can be satisfied by notifying our agent. Notice can be by any means of communication. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this coverage, our obligations are limited as follows: a. Primary Insurance This coverage is primary except when paragraph b below applies. If this coverage is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in paragraph c below. b. Excess Insurance (1) This coverage is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Declarations of this insurance and that applies to an act, error or omission on other than a claims -made basis, if the other insurance has a policy period which continues after the original inception date of this coverage. (2) When this coverage is excess, we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this coverage is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this coverage; and the total of all deductible and self -insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in paragraph 5d of this coverage. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable Limits of Insurance to the total applicable Limits of Insurance of all insurers. 6. For the purposes of the coverage provided, the following Extended Reporting Period provisions are added, or, if this coverage is attached to a claims -made Coverage Part, replaces any similar Section in that Coverage Part: EXTENDED REPORTING PERIOD a. You will have the right to purchase an Extended Reporting Period, as described below, if: (1) This coverage is canceled or not renewed; or (2) We renew or replace this coverage with insurance that: (a) Has an inception date later than the original inception date of this coverage; or (b) Does not apply to an act, error or omission on a claims -made basis. b. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to claims for acts, errors or omissions that were first committed before the end of the policy period but not before the original inception date of this coverage. Once in effect, the Extended Reporting Period may not be canceled. c. An Extended Reporting Period of five years is available, but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so, we may take into account the following: (1) The employee benefit programs insured; (2) Previous types and amounts of insurance; (3) Limits of insurance available under this coverage for future payment of damages; and (4) Other related factors. The additional premium will not exceed $100. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms, not inconsistent with this Section, applicable to the Extended Reporting Period, including a provision to the effect that the coverage afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. d. If the Extended Reporting Period is in effect, we will provide an extended reporting period aggregate limit of insurance described below, but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in paragraph 5d of this coverage under Limits of Insurance. Paragraph 5b of this coverage will be amended accordingly. The Each Employee Limit shown in paragraph 5d will then continue to apply as set forth in paragraph 5c. 7. For the purposes of the coverage provided, the following definitions are added to the Definitions Section: a. 'Administration" means: (1) Providing information to employees, including their dependents and beneficiaries, with respect to eligibility for or scope of employee benefit programs; (2) Handling records in connection with the employee benefit program; or (3) Effecting, continuing or terminating any employee's participation in any benefit included in the employee benefit program. However, administration does not include handling payroll deductions. b. "Cafeteria plans" means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre-tax dollars. c. "Claim" means any demand, or suit, made by an employee or an employee's dependents and beneficiaries, for damages as the result of an act, error or omission. CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 d. "Employee benefit program" means a program providing some or all of the following benefits to employees, whether provided through a cafeteria plan or otherwise: (1) Group life insurance; group accident or health insurance; dental, vision and hearing plans; and flexible spending accounts; provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan's eligibility requirements; (2) Profit sharing plans, employee savings plans, employee stock ownership plans, pension plans and stock subscription plans, provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits; (3) Unemployment insurance, social security benefits, workers' compensation and disability benefits; (4) Vacation plans, including buy and sell programs; leave of absence programs, including military, maternity, family, and civil leave; tuition assistance plans; transportation and health club subsidies; and (5) Any other similar benefits added thereto by endorsement. 8. For the purposes of the coverage provided, the following Definitions in the Definitions Section are replaced by the following: a. "Employee" means a person actively employed, formerly employed, on leave of absence or disabled, or retired. Employee includes a leased worker. Employee does not include a temporary worker. b. "Suit" means a civil proceeding in which damages because of an act, error or omission to which this coverage applies are alleged. Suit includes: (1) An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or the insured submits with our consent. M. Voluntary Property Damage 1. With respect to the insurance provided under this coverage, paragraph 2 Exclusions of Coverage A - Bodily Injury and Property Damage Liability under Section I - Coverages is modified as followed: a. Exclusion 2j(4) is replaced by the following: (4) Personal property of others: (a) Held by the insured for servicing, repair, storage or sale at premises owned, occupied or rented to the insured. (b) Caused by the ownership, maintenance, use, loading or unloading of any auto, watercraft or transportation of property by any means. b. Exclusion 2j(5) is deleted. The insurance provided by this coverage is subject to the following provisions: a. We will pay for property damage at your request even if you are not legally liable, if it is otherwise subject to this coverage. b. Property damage does not include loss of use if personal property of others is not physically injured. c. Limits The most we will pay for an occurrence under this coverage is $2,500. The most we will pay for the sum of all amounts paid under this coverage is an aggregate of $2,500. The General Aggregate Limit and Each Occurrence Limit under Section III - Limits of Insurance do not apply to the insurance provided under this coverage. d. Settlement If you make any repairs to damaged property, at our request, we will pay the larger of your actual cost or 75% of your usual charge for the necessary labor and materials. Any property paid for or replaced by us may become our property at our option. Any payment made under this coverage shall not be interpreted as an admission of liability by the insured or the company. (2) Any other alternative dispute e. Deductible resolution proceeding in which such damages are claimed and to which Our obligation to pay for a covered loss applies only to the amount of loss in CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 excess of $200. f. Other Insurance The insurance provided by this coverage is excess over any other insurance carried by the insured which applies to a loss covered by this coverage. Increased Limits of Insurance 1. The General Aggregate Limit is increased to three times the Each Occurrence Limit. 2. The Products -Completed Operations Aggregate Limit is increased to three times the Each Occurrence Limit. 3. The Damage To Premises Rented To You Limit is increased to $250,000. 4. The Medical Expense Limit is increased to $10,000. The Limits of Insurance shown here do not replace and are not in addition to the Limits of Insurance shown in the Declarations. CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 POLICY NUMBER: ZT6529 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS WC 42 03 04 B(6-14) ENDORSEMENT This endorsement applies only to the insurance are required by a written contract to obtain this waiver provided by the policy because Texas is shown in from us. Item 3A of the Information Page. This endorsement shall not operate directly or We have the right to recover our payments from indirectly to benefit anyone not named in the anyone liable for an injury covered by this policy. We Schedule. will not enforce our right against the person or The premium for this endorsement is shown in the organization named in the Schedule, but this waiver Schedule. applies only with respect to bodily injury arising out of the operations described in the Schedule where you SCHEDULE Blanket Waiver: ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. Operations: ALL TEXAS OPERATIONS Premium: THE PREMIUM CHARGE FOR THIS ENDORSEMENT SHALL BE 2 PERCENT OF THE PREMIUM DEVELOPED ON PAYROLL IN CONNECTION WITH WORK PERFORMED FOR THE ABOVE PERSON(S) OR ORGANIZATION(S) ARISING OUT OF THE OPERATIONS DESCRIBED. Advance Premium: SEE BLANKET WAIVER OF SUBROGATION ADDITIONAL PREMIUM ON THE INFORMATION PAGE. WC 42 03 04 B(6-14) Page 1 of 1 POLICY NUMBER: ZT6531 REVISION OF OTHER INSURANCE CONDITION FOR ADDITIONAL INSUREDS - AUTOMATIC STATUS - PRIMARY OR PRIMARY AND NONCON- TRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM 1. The amended Other Insurance condition in paragraph 2 below applies only to persons or organizations qualifying as additional insureds under the underlying insurance, subject to all other terms and conditions of this policy not modified by this endorsement. 2. Solely with respect to the insurance afforded to persons or organizations described in paragraph 1 above, the Other Insurance condition in Section III - Conditions is replaced by the following: Other Insurance a. Excess Insurance Unless provision (1) or (2) in paragraph b below applies, this insurance is excess over any other valid and collectible insurance whether primary, excess, contingent or any other basis, except other insurance written specifically to be excess over this insurance. b. Primary Insurance (1) If you have agreed in writing in a con- tract or agreement prior to an occur- rence, claim, or suit, to provide insur- ance to the additional insured on a pri- mary basis, then after: (a) The underlying insurance applicable to that contract or agreement; and (b) All other applicable insurance pro- viding coverage on a primary or similar basis (except insurance available to the additional insured where they are a Named Insured); CU-7098(11-15) are exhausted, this insurance will be primary. (2) If you have agreed in writing in a con- tract or agreement prior to an occur- rence, claim, or suit, to provide insur- ance to the additional insured that is both primary and noncontributory, then after: (a) The underlying insurance applicable to that contract or agreement; and (b) All other applicable insurance pro- viding coverage on a primary or similar basis (except insurance available to the additional insured where they are a Named Insured); are exhausted, this insurance will be primary and we will not seek contribu- tion from or require exhaustion of other insurance available to the additional in- sured where they are a Named Insured. (3) The most we will pay for a person or organization as primary insurance under paragraphs (1) and (2) above will be the lesser of: (a) The Limits of Insurance shown in the Declarations of this policy and as described in Section II - Limit of Insurance; or (b) The amount of insurance you are required to provide the additional insured in the written contract or agreement, less any amount paid by underlying insurance. CU-7098(11-15) Page 1 of 1