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HomeMy WebLinkAbout2012-3455 - Ordinance - 11/08/2012 Ordinance No. 2012 -3455 FRANCHISE AGREEMENT FOR DEMOLITION AND CONSTRUCTION DEBRIS, MULTIFAMILY AND COMMERCIAL BUSINESS RECYCLING, AND ORGANIC WASTE COLLECTION WITH CCAA, LLC, DIB /A BRAZOS VALLEY RECYCLING AND D/B /A BIG DUMPSTER Whereas, An ordinance granting CCAA, LLC d/b /a Brazos Valley Recycling and d/b /a Big Dumpster, its successor and assigns a non exclusive franchise for the privilege and use public streets, alleys, and public ways within the corporate limits of the City of College Station. Whereas, This Franchise Agreement is for Brazos Valley Recycling for the purpose of engaging in the business of collecting demolition and construction debris from residential sites, collecting demolition and construction debris, recyclable materials, and organic waste from multifamily and commercial locations for the purpose of recycling. Whereas This Franchise Agreement for Big Dumpster for the purpose of engaging in the business of collecting demolition and construction debris from residential sites. Whereas, The Franchise provides the terms, conditions, obligations, and limitations for performance of the Franchise and provides the consideration, term of the grant, method of acceptance, repeal of conflicting ordinances, termination, and assessing a penalty. Whereas, the City of College Station, by ordinance, provides exclusively all solid waste collection and disposal services for solid waste generated from within the corporate limits of the City of College Station; and the City of College Station may, by ordinance and charter, grant franchises to other entities for the use of public streets, alleys and thoroughfares within the corporate limits of the City of College Station and for the collection and disposal of solid waste generated from within the corporate limits of the City of College Station; and Whereas, the City of College Station desires to exercise the authority provided to it by ordinance and charter to grant a franchise for the collection and disposal of a certain classification of solid waste generated within the corporate limits of the City of College Station under the terms of this Franchise Agreement as set out below; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: Ordinance No. 2D12 - 3 Conlrad AJO. I3 ' ARTICLE I DEFINITIONS 1. Franchise Agreement will mean this franchise between the City of College Station and CCAA, LLC d/b /a Brazos Valley Recycling for provision of a demolition and construction debris, recycling, and organic waste collection from multifamily apartment and commercial business locations, within the City of College Station and CCAA, LLC d/b /a Big Dumpster for provision of a residential roll -off demolition and construction debris within the City of College Station, under certain terms and conditions set out herein. 2. Contractor will mean: a. Brazos Valley Recycling means CCAA, LLC d/b /a Brazos Valley Recycling conducting the roll -off demolition and construction debris collection service, recycling collection for multifamily apartment and commercial business locations, and organic waste collection service. b. Big Dumpster CCAA, LLC d/b /a Big Dumpster Conducting roll -off demolition and construction debris collection service, 3. Brazos Valley Solid Waste Management Inc. or BVSWMA means a landfill operated by an interlocal agreement. 4. City of College Station or City means the City of College Station, Texas a Home -Rule -.40) Municipal Corporation incorporated under the laws of Texas. 5. City Council or Council means the governing body of the City of College Station, Texas. 6. Class 1 Waste means that term as defined in the Texas Administrative Code as it now exists or as is hereafter amended. 7. Compactor means a bulk container used for the collection of refuse, equipped with a device to compact such materials and thereby increasing the storage capacity of the containers. 8. Container means an apparatus of varying capacity used for refuse collection; this apparatus must have a securable lid. This lid shall remain closed and secured with the exception of loading and collection. Containers shall not be made of any temporary material. 9. Customers will mean: those industrial, residential, or commercial premises located within the City that generate recyclables, demolition and construction debris, or organic waste. a. Residential Customers i. Each single - family detached residential unit or residential units in a building with less than a total of four (4) attached residential units in a CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 2 complex where each residential unit has been assigned a seventy - gallon automated solid waste container and provided with garbage, rubbish, brush and recycling collection once weekly. ii. Each residential unit in a building with less than a total of four (4) attached residential units in a complex that has been assigned a shared three hundred - gallon or larger automated solid waste collection container, that has not been identified as a multi - family apartment complex by the City, and provided with twice per week garbage collection, once per week curbside recycling collection and once per week rubbish/brush collection. b. Multifamily Customers - Each residential unit in a building with a total of four (4) or more attached residential units in a complex that has been identified as a multi - family apartment complex by the City, and is assigned a large solid waste container shared by multiple residential units for garbage collection only. c. Commercial Customers - Any customer who is an enterprise or establishment whose main purpose is to carry on a commercial activity whether for profit or not. Said definition shall include all uses not falling within the category of residential including, but not limited to churches, hospitals, schools and industries. d. Industrial Customers Real property on which manufacture or assembly is carried on for profit, employing labor or machinery. 10. Demolition and Construction Debris means any building material waste resulting from demolition, remodeling, repairs, or construction as well as materials discarded during periodic temporary facility clean -up generated within the City. 11. Organic Waste means waste of biological origin that has been 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 rather than reprocessed into another product. 12. Recyclables or Recyclable Commodities will mean materials that have been recovered from the solid waste stream for the purposes of reuse or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable commodities or recyclables are not solid waste unless they are abandoned or disposed rather than reprocessed into another product. 13. Residue shall mean the material regularly associated with and attached to recyclable commodities, as a part of the original packaging or usage of that commodity, that is not recyclable itself. 14. Roll - Off means a container of varying capacity used for refuse collection. L ir CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 3 ARTICLE II CI) GRANT OF NON EXCLUSIVE FRANCHISE 1. Nothing in this Franchise shall be construed as granting an exclusive franchise or right. City hereby grants Contractor a nonexclusive franchise to operate and establish in the City from the effective date of the Agreement, to engage in the business of collecting demolition and construction debris from commercial, industrial, multifamily, and residential sites; as well as recyclables and organic waste from commercial, industrial, and multifamily sites for the purpose of recycling within the jurisdictional limits of the City. 2. Contractor is granted passage and right -of -way on, along and across the streets, avenues, rights -of -way, alleys, and highways within the corporate limits of the City, for any such services and lawful purpose as stated in this Franchise; provided that all such work, activity and undertakings by Contractor shall be subject to the terms and provisions of this Franchise and the continuing exercise by the City of its governmental and police powers, and provided further that nothing herein shall be construed to require or authorize Contractor to exceed any rights granted herein or by the TCEQ. ARTICLE III DISPOSAL SITE TO BE USED Unless approved otherwise in writing by City, Contractor shall utilize BVSWMA, Inc. landfill for the disposal of all non recyclable waste material collected by Contractor within the .13 corporate limits of the City. Contractor will only use a City approved recycling facility for processing of all recyclable material collected by Contractor within the corporate limits of the City under this Franchise Agreement. Contractor shall not dispose of any Class 1 Waste at the BVSWMA, Inc. landfill. ARTICLE IV RATES TO BE CHARGED BY BRAZOS VALLEY RECYCLING Attached hereto as Exhibit "A" and incorporated herein by reference is the Schedule of Rates, which Contractor shall charge for the aforementioned services. The Contractor shall notify the City in writing of any rate changes. CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 4 ARTICLE V PAYMENTS TO CITY 1. For and in consideration of the grant of the franchise herein, Contractor agrees and will pay to during the term of this Franchise a sum based on the following graduated fee schedule depending on the percentage of aggregate recycling accomplished. a. A fee equivalent to five percent (5 %) of Contractor's monthly gross delivery and hauling revenues generated from Contractor's provision of demolition and construction debris, recyclables, and organic waste roll -off, compactor, or container collection services within the City is required if Contractor reports aggregate recycling of at least sixty percent (60 %) of demolition and construction debris, recyclables, and organic waste collected. b. A fee equivalent to six and one half percent (6.5 %) of Contractor's monthly gross delivery and hauling revenues generated from Contractor's provision of demolition and construction debris, recyclables, and organic waste roll -off, compactor, or container collection services within the City is required if Contractor's reports aggregate recycling of at least fifty -five percent (55 %) but less than sixty percent (60 %) of demolition and construction debris, recyclables, and organic waste collected. c. A fee equivalent to eight percent (8 %) of Contractor's monthly gross delivery and Niv hauling revenues generated from Contractor's provision of demolition and construction debris, recyclables, and organic waste roll -off, compactor, or container collection services within the is required if Contractor reports aggregate recycling less than fifty -five percent (55 %) of demolition and construction debris, recyclables, and organic waste collected. 2. Any revenue received by Contractor will be subject to the franchise fee and shall be computed into Contractor's monthly gross delivery and hauling revenue. Payment will be paid quarterly to the City Manager or his delegate and shall be due by the twentieth of the month following the end of the previous quarter. Payment after that date shall incur a ten percent (10 %) late fee on the outstanding amount owed under this Article V. 3. 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 XIV of this Franchise Agreement (FAILURE TO PERFORM). ARTICLE VI ACCESS TO RECORDS & REPORTING City shall have the right, upon reasonable notice, to inspect during normal business hours Contractor's records, billing records of those customers served by Contractor and all papers relating to the operation of demolition and construction debris, recyclables, organic waste collection, and disposal within the City. Contractor shall cooperate in allowing City to conduct the inspections. CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 5 Along with the payment to the City of the City's agreed share of revenue from the delivery and hauling of demolition and construction debris, recyclables, and organic waste, Contractor shall provide a Monthly Recycling Activity Report that shall be due to the City no later than the twentieth calendar day of each month and summarizing recycling activity for the previous calendar month. Contractor's report shall include the following information: 1. Total tonnage of all materials collected from all customers, broken down by material type. 2. Total tonnage of all materials collected from all customers from within the City, broken down by material type. 3. Reports of the results of all complaints and investigations received and action taken by Contractor. 4. A listing of all Contractor accounts served and monthly revenue derived from the provision of collecting demolition and construction debris, recyclables, and organic waste in the City under terms of this franchise. The reports will include customer's address, frequency of pick -up, size of container, type of container, and monthly charges. 5. Such information concerning the business of collection, processing and marketing of ( recyclable materials as may be required by the City's representative. ARTICLE VII PLACEMENT OF ROLL -OFF, COMPACTORS, AND CONTAINERS 1. All roll -off, compactors, and containers 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 containers on public streets, alleys or thoroughfares without the prior written approval of the City. City reserves the right to designate the exact location of any or all roll -off (s), compactors, or containers placed in service in the City. 2. Demolition and construction debris, recycling, and organic waste collection shall not interfere with the City's collection of municipal solid waste. ARTICLE VIII CONTAINER AND EQUIPMENT MAINTENANCE 1. Contractor's vehicles shall at all times be clearly marked with Contractor's name, address, telephone number and if applicable, state permit number, in letters not less than three (3) inches in height. All equipment necessary for the performance of this franchise shall be in good condition and repair. CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 6 tr 2. Contractor agrees to properly maintain in a safe, clean, and sanitary condition, and paint all roll -off, compactors, or containers placed out for service within the City. Organic waste and recycling roll -off, compactors, and containers must be clearly marked as used for "Organic Waste Only" or "Recyclables Only" in letters at least twelve inches (12 ") on the sides of the roll containers, compactors, or containers. 3. All vehicles used by Contractor in the removal of demolition and construction debris, organic waste, and recyclables must be covered during transport to prevent spillage, blowing, or scattering of refuse onto public streets or rights of way, private property or adjacent property. A standby vehicle shall always be available. ARTICLE IX COMPLAINTS REGARDING SERVICE /SPILLAGE Contractor shall handle directly any complaints pertaining to customer service, property damage or personal injury from their roll -off service. Any such complaints received by City shall be forwarded to Contractor within twenty -four (24) hours of their receipt by City. Contractor shall respond to all complaints within twenty -four (24) hours of receiving notice of such complaint from City, resolve such complaints promptly and shall report to City the action taken. Failure by Contractor to respond and report to CITY on action taken within this twenty - four (24) hour period may subject Contractor to a $100.00 per incident charge from City payable t v with the next payment due City under Article V of this Franchise Agreement. ARTICLE X COMPLIANCE WITH LAWS 1. This ordinance shall be construed in accordance with the City's Charter and. Code of Ordinances in effect on the Effective Date of this ordinance to the extent that such City Charter and Code of Ordinances are not in conflict with or in violation of the Constitution and Laws of the United States or the State of Texas. 2. This Ordinance shall be governed in accordance with the Laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 3. Notwithstanding any other provision in this franchise to the contrary, City and Contractor shall at all times comply with all laws, rules, and regulations of the state and federal government and any administrative agencies thereof, with respect to the subject matter of this Ordinance. 4. All collections made under this Agreement shall be made by Contractor without unnecessary noise, disturbance, or commotion. CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 7 ARTICLE XI UNDERSTANDINGS PERTAINING TO NON - EXCLUSIVITY This Franchise Agreement contains all the terms and conditions agreed on by the parties and no other agreements, or otherwise, regarding the subject matter of this franchise shall be of any force or effect. Both parties agree and understand that nothing in this Franchise Agreement conveys to Contractor an exclusive franchise for the services described in this franchise and that this franchise is nonexclusive. ARTICLE XII OWNERSHIP OF MATERIALS Sole and exclusive title to all demolition and construction debris, recyclables or organic waste collected by Contractor under this Franchise Agreement will pass to Contractor when the debris is placed on Contractor's truck. ARTICLE XIII CITY SERVICE Contractor agrees to provide free service to City following natural disasters or Acts of God. ARTICLE XIV • FAILURE TO PERFORM It is expressly understood and agreed by the parties that if at any time Contractor shall fail to perform any of the terms, covenants, or conditions herein set forth, City may after hearing as described herein, revoke and cancel the Franchise Agreement by and between the parties and said Franchise Agreement shall be null and void. Upon the determination by the staff of City that a hearing should be held before the Council of said City, City shall mail notice to Contractor, at the address designated herein or at such address as may be designated from time to time, by registered mail. The notice shall specify the time and place of the hearing and shall include the allegations being asserted for the revocation of this Franchise Agreement. The hearing shall be conducted in public before the City Council and Contractor shall be allowed to present evidence and given an opportunity to answer all reasons for the termination set forth in the notice. In the event that the Council determines that the allegations set forth are true as set forth in the notice it may by majority vote cancel this Franchise Agreement between the parties at no penalty to the City. ARTICLE XV RELEASE AND INDEMNIFICATION 1. CONTRACTOR ASSUMES FULL RESPONSIBILITY FOR THE WORK TO BE PERFORMED HEREUNDER, AND HEREBY RELEASES, RELINQUISHES, AND DISCHARGES CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, FROM ALL CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 8 CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER INCLUDING THE COST OF DEFENSE THEREOF, FOR ANY INJURY TO, INCLUDING DEATH OF, ANY PERSON WHETHER THAT PERSON BE A THIRD PERSON, CONTRACTOR, OR AN EMPLOYEE OF EITHER OF THE PARTIES HERETO, AND ANY LOSS OF OR DAMAGE TO PROPERTY, WHETHER THE SAME BE THAT OF EITHER OF THE PARTIES HERETO OR OF THIRD PARTIES, CAUSED BY OR ALLEGED TO BE CAUSED BY, ARISING OUT OF OR IN CONNECTION WITH THE GRANT OF THIS FRANCHISE TO CONTRACTOR, WHETHER OR NOT SAID CLAIMS, DEMANDS AND CAUSES OF ACTION IN WHOLE OR IN PART ARE COVERED BY INSURANCE. 2. CONTRACTOR AGREES TO AND SHALL INDEMNIFY AND HOLD CITY HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, AND FOR DAMAGE TO ANY PROPERTY, OUT OF OR IN CONNECTION WITH OPERATION OF CONTRACTOR'S RECYCLING BUSINESS UNDER THIS FRANCHISE AND DISPOSAL OF THE RECYCLABLE WASTE COLLECTED BY IT OR RESALE, AND ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, WHETHER THE CONTRACTOR'S NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH, OR DAMAGES, AND WHETHER THE CITY'S NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH, OR DAMAGES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, THAT THE INDEMNITY PROVIDED FOR HEREINABOVE IS INDEMNITY BY THE CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF BOTH THE CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE, AND THE CONTRACTOR'S NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. 3. CONTRACTOR ASSUMES RESPONSIBILITY AND LIABILITY AND HEREBY AGREES TO INDEMNIFY THE CITY FROM ANY LIABILITY CAUSED BY CONTRACTOR'S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, OR LOCAL LAWS AND REGULATIONS, TOUCHING UPON THE MAINTENANCE OF A SAFE AND PROTECTED WORKING ENVIRONMENT, AND THE SAFE USE AND OPERATION OF MACHINERY AND EQUIPMENT IN THAT WORKING ENVIRONMENT. CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 9 ARTICLE XVI INSURANCE 1. For the duration of this Agreement, Contractor shall procure and maintain at its sole cost and expense insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the terms of this Agreement by Contractor, its agents, representatives, volunteers, employees, or subcontractors. 2. Contractor's insurance shall be primary insurance with respect to the City, its officials, employees, and volunteers. Any insurance or self - insurance maintained by the City, its officials, employees, or volunteers, shall be considered in excess of Contractor's insurance and shall not contribute to it. 3. Contractor shall include any and all subcontractors as additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements and endorsements stated herein. 4. Certificates of Insurance and endorsements shall be furnished to City and approved by City before work commences. During the term of this Agreement Contractor's insurance policies shall meet the following requirements: a. Standard Insurance Policies Required 1. Commercial General Liability 2. Business Automobile Liability 3. Workers' Compensation b. General Requirements Applicable to All Policies 1. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted, if available. Otherwise, an Insurance Carrier shall be permitted outside the State of Texas, as long as policy is through an Insurance Broker authorized within Texas and the policy complies with the other insurance requirements contained in this Agreement. 2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 3. "Claims Made" policies are not accepted. 4. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of College Station. 5. Upon request, certified copies of all insurance policies shall be furnished to the City of College Station. CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 10 6. The City of College Station, its officials, employees and volunteers, are to be named as "Additional Insured" to the Commercial General and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. c. Commercial General Liability 1. General Liability insurance shall be written by a carrier with a "A: VIII" or better rating in accordance with the current Best Key Rating Guide. 2. Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed per Project. 3. Coverage shall be at least as broad as ISO form CG 00 01. 4. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. 5. The coverage shall include but not be limited to the following: premises /operations with separate aggregate; independent contracts; products /completed operations; contractual liability MSC 90 Pollution Coverage. d. Endorsements 1. Those policies set forth in Paragraphs III and IV shall contain an endorsement naming the City as Additional Insured and further providing that the Contractor's policies are primary to any self - insurance or insurance policies procured by the City. The additional insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Agreement, attached hereto as Exhibit `B ", and approved by the City before work commences. e. Workers Compensation Insurance 1. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a worker's compensation insurance policy: either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 11 does not have his or her own policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the form whereby the hiring Contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent Contractor may not be used. 2. Workers compensation insurance shall include the following terms: A. Employer's Liability minimum limits of $1,000,000.00 for each accident/each disease /each employee is required. B. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. C. 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. 3. Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Definitions: A. Certificate of coverage ( "certificate ") — An original certificate of insurance, a certificate of authority to self - insure issued by the Division of Workers Compensation, or a coverage agreement (DWC -81, DWC -83, or DWC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. B. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's /person's work on the project has been completed and accepted by the governmental entity. C. Persons providing services on the project ( "subcontractors" in § 406.096 [of the Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 12 L hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 4. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 5. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 6. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 7. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: A. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and B. no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 8. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 9. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 10. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 11. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: A. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 13 of its employees providing services on the project, for the duration of the project; B. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; C. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; D. Obtain from each other person with whom it contracts, and provide to the Contractor: i. A certificate of coverage, prior to the other person beginning work on the project; and ii. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; E. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; F. Notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and G. Contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 12. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the Commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penal- ties, or other civil actions. 13. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity. CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 14 f. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: 1. The company is licensed and admitted to do business in the State of Texas. 2. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. 3. All endorsements and insurance coverages according to requirements and instructions contained herein. 4. The form of the notice of cancellation, termination, or change in coverage provisions to the City of College Station. 5. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. ARTICLE XVII ASSIGNMENT This Agreement and the rights and obligations contained herein may not be assigned by Contractor without the specific prior written approval of the City Council. The Contractor may request assignment of the Contractor's rights or obligations under this Agreement upon written request to the City. City shall take the requested assignment before the City Council within thirty (30) days of receipt of request from Contractor, and will be recommended for approval by staff ( unless deemed unreasonable. ARTICLE XVIII SAFETY AND LIABILITY FOR INJURIES TO CITY OR ABUTTING PROPERTY 1. Contractor shall perform the collection in accordance with the applicable laws, codes, ordinances and regulations of the United States, State of Texas, Brazos County, and City of College Station and in compliance with OSHA and other laws as they apply to its employees. It is the intent of the parties that the safety precautions are a part of the collection techniques for which Contractor is solely responsible. In the carrying on of the services herein provided for, Contractor shall use all proper skill and care, and Contractor shall exercise all due and proper precautions to prevent injury to any property, or person(s). 2. Contractor shall pay for all damages to City property resulting from the operation of its service and shall pay to every owner of property abutting the residential property on which the container is located that is injured by the operation of the franchise all physical damage caused by any act or omission of Contractor or of any of its subcontractors or employees in the operation of the Contractor service. CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 15 ARTICLE XIX AD VALOREM TAXES Contractor agrees to render all personal property utilized in its solid waste operation services provided to Brazos County Appraisal District so that said personal property will be the subject of ad valorem taxation for the benefit of City. ARTICLE XX NOTICES AND PAYMENTS 1. All notices and payments required under the terms of this Contract to be given by either party to the other party shall be in writing, and unless otherwise specified in writing by the respective parties, shall be sent to the parties at the addresses following: Recycling Coordinator Charles Mancuso City of College Station President, CCAA, LLC, d/b /a P.O. Box 9960 Brazos Valley Recycling & Big Dumpster College Station, Texas 77842 P. O. Box 5449 Bryan, Texas 77805 2. All notices shall be deemed to have been properly served only if sent by Registered or Certified Mail, to the person(s) at the address designated as above provided, or to any other person at the address which either party may hereinafter designate by written notice to the other party. ARTICLE XXI PENALTY Any person, firm or corporation violating any provision of this ordinance shall be fined not exceeding $2,000.00 for each offense and each and every day said violation continues constitutes a separate offense. ARTICLE XXII AMENDMENTS It is hereby understood and agreed by the parties to this franchise that no amendment to the terms of this franchise shall be made unless made in writing, approved by both parties, and attached to this Franchise Agreement to become a part hereof. CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 16 Carr ARTICLE XXIII SEVERABILITY If any section, sentence, clause, or paragraph of this Agreement shall be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the invalid, illegal or unenforceable provision(s) of this Agreement with valid legal terms and conditions approximating the original intent of the parties. ARTICLE XXIV AUTHORIZATION TO EXECUTE The parties signing this Franchise Agreement shall provide adequate proof of their authority to execute this Franchise Agreement. This Franchise Agreement shall inure to the benefit and is binding upon the parties hereto and their respective successors or assigns, but shall not be assignable by either party without the written consent of the other party. ARTICLE XXV TERM AND TERMINATION OF FRANCHISE 1. The term of this Franchise Agreement shall be for a period of five (5) years beginning on the date of acceptance. 2. In addition to all other rights and powers retained by City under this Franchise or otherwise, City reserves the right to declare this Franchise forfeited and to terminate the Franchise and all rights and privileges of Contractor hereunder in the event of a material breach of the terms, covenants, or conditions herein set forth. A material breach by Contractor shall include, but not be limited to, the following: a. Failure to pay the fees prescribed by Article V. b. Failure to materially provide the services provided for in this Franchise. c. Material misrepresentation of fact in the application for or negotiation of this Franchise. d. Conviction of any director, officer, employee, or agent of Contractor of the offense of bribery or fraud connected with or resulting from the awarding of this Franchise. e. Material misrepresentations of fact knowingly made to City with respect to or regarding Contractor's operations, management, revenues, services or reports required pursuant to this Franchise. f. Revocation or denial of registration or renewal of registration by TCEQ. h. Excessive interruption in service for a period of seventy -two (72) hours or more due to causes other than force majeure. CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 17 3. Contractor shall not be excused by mere economic hardship nor by misfeasance or • malfeasance of its directors, officers, or employees. 4. City may after a hearing as described herein, revoke and cancel the Franchise by and between the parties and said Franchise shall be null and void. City shall mail notice to Contractor, at the address designated herein or at such address as may be designated from time to time, by registered mail. The notice shall specify the time and place of the hearing and shall include the allegations being asserted for the revocation of this Agreement. The hearing shall be conducted in public before the City Council and Contractor shall be allowed to present evidence and be given an opportunity to answer all reasons for the termination set forth in the notice. In the event that the Council determines that the allegations set forth are true as set forth in the notice it may by majority vote cancel this Agreement between the parties at no penalty to the City. ARTICLE XXVI ACCEPTANCE OF FRANCHISE In accordance with City of College Station City Charter, Section 120, Contractor shall have sixty (60) days, from and after the final passage and approval of this Ordinance to file its written acceptance thereof with the City Secretary within thirty (30) days from the final adoption of this Ordinance, and upon acceptance being filed, this Ordinance shall take effect and be in force from and after the date of its acceptance. Such acceptance shall be typed or printed on the letterhead of Contractor and, with the blank spaces appropriately completed, shall be as follows: Attn: Public Works Director acting by and through its undersigned who is acting with his official capacity and authority, hereby accepts the franchise to operate a recycling collection service within the City of College Station, Texas ( "College Station ") as said franchise is set forth and provided in Ordinance No. (the "Ordinance "). agrees to be bound and governed by each terms, provision and condition of the Ordinance, to accept and to give the benefits provided for in the Ordinance in a businesslike and reasonable manner and compliance with the Ordinance. By: Name: Title: Date: By accepting this Agreement, Contractor represents that it has, by careful examination, satisfied itself as to the nature and location of the work, the character, quality and quantity of work to be performed, the character of the equipment and facilities necessary to fulfill its obligations under this Agreement, as well as the general and local conditions and all other matters that in any way affect the work to be performed under this Agreement. CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 18 ARTICLE XXVII PUBLIC MEETING It is hereby found and determined that the meetings at which this ordinance was passed were open to the public, as required by Texas Government Code § 551, as amended, and that advance public notice of time, place, and purpose of said meetings was given. First Consideration & Approval on the / / day of 2012 Second Consideration & Approval on the 25 day of etipheA., 2012 Third Consideration & Approval on the kb- day of � ipi1 . . 2012 CCAA, LLC CITY OF COLLEGE STATION d /b /a Brazos Valley Recycling & d /b /a Big D ster By: By: Mayor Printed Name: ,f ,1Aii 0 Date: 1 - Title: &dr'` Date: f/4 ATTEST: —)ItAg731•20eLaM.6---- City Secret Date: / APPROVED: City Man Date: 4 ,/fre • 9v6., City Attorney Da -: O' I ARIL A A Ex �! ' ir. Business Services Da - 4 ' r 2 - CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 19 EXHIBIT "A" SCHEDULE OF RATES • CCAA, LLC Franchise Agreement for • Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 20 EXHIBIT "A" SCHEDULE OF RATES 14 Yard Roll -Off Rental Fee - $2.75 / day Delivery Fee - $35.00 Dump Fee - $80.00 Fuel Surcharge - $16.00 20 Yard Roll -Off Rental Fee - $3.00 / day Delivery Fee - $35.00 Dump Fee - $140.00 Fuel Surcharge - $28.00 30 Yard Roll -Off Rental Fee - $3.00 / day Delivery Fee - $35.00 Dump Fee - $140.00 Fuel Surcharge - $28.00 Tipping Fee: $27.00 per ton CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 20 38 EXHIBIT "B" CERTIFICATES OF INSURANCE AND ENDORSEMENTS CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 21 A o CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD YYYY) 10/3/2012 _ is. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Amanda Villanueva Higginbotham & Associates Inc. PHONE FAX 500 W. 13th Street (E MCA, No. Extr800 247 0712 (EVC, Nv1:817 347 6981 Fort Worth TX 76102 ADDRE ESS :avillanueva ©higginbotham.net INSURER(S) AFFORDING COVERAGE NAIC # _ INSURER A :DePOSIto_SInsuranceCompany INSURED BCSST1 INSURER B :American Safety Indemnity Company 5433 BCS Stop & Go Potty, LLC; Brazos Valley INSURERC:AMCO INSURANCE COMPANY Recycling /The Big Dumpster INSURER D: P.O. Box 5449 Bryan TX 77801 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 740211584 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR WVD POLICY NUMBER (MM /DD/YYYY) (MM /DD/YYYY) LIMITS A GENERAL LIABILITY ACPGLD07215035376 5/27/2012 5/27/2013 EACH OCCURRENCE $1,000,000 ' B ENV0291831101 5/27/2012 5/27/2013 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 X Ind Environmen PERSONAL & ADV INJURY $1,000,000 X Impairment Cov. GENERAL AGGREGATE 02,000,000 lI GE AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY X JE� X LOC Sudden Acc Poll Liab $$1,000,000 AUTOMOBILE LIABILITY ACPBAA7215035376 5/27/2012 5/27/2013 (a BINED tSINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED X SCHEDULED BODILY INJURY (Per accident) $ _ AUTOS AUTOS X HIRED AUTOS X AUTOSWNED PROPERTY raccident)AMAGE $ X IncL: CA9948 X MCS -90 $ A X UMBRELLA LIAB X OCCUR ACPCAD7215035376 5/27/2012 5/27/2013 EACH OCCURRENCE $6,000,000 EXCESS LIAB CLAIMS - MADE AGGREGATE $6,000,000 DED RETENTION $ $ WORKERS COMPENSATION WC STATU OTH- AND EMPLOYERS' LIABILITY RY LIMITS ER Y/ ANY PROPRIETOR /PARTNER /EXECUTIVE N / A E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Building & Business Personal Prop ACPCPPD7215035376 5/27/2012 5/27/2013 $579,000 $1,000 Ded. DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Named insured completed to read: BCS Stop & Go Potty, LLC; Charlse Mancuso, Inc. /CCAA, LLC; Brazos Valley Recycling /The Big Dumpster The General Liability and Automobile Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status and a blanket waiver of subrogation endorsement to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of College Station ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Retha PO Box 9960 College Station TX 77842 AUTHORIZED REPRESENTATIVE � y/ /��Q © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BCSST1 LOC #: C0 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham & Associates Inc. BCS Stop & Go Potty, LLC; Brazos Valley POLICY NUMBER Recycling /The Big Dumpster P.O. Box 5449 Bryan TX 77801 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability and Auto Liability policy has a blanket Primary & Non Contributory endorsement that affords that coverage to certificate holders only where there is a written contract between the Named Insured and the certificate holder that requires such status Umbrella is follow form. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C ravensWarren Insurance • Bonds • Benefits TO CERTIFICATE HOLDER: Our agency is issuing the enclosed certificate of insurance on behalf of CCAA Management Services LLC, a client of G &A Partners, a Professional Employer Organization (PEO). G &A and CCAA Management Services LLC are co- employer's of CCAA Management Services LLC's leased employees. G &A is the employer of record for Workers Compensation and extends coverage from that policy to CCAA Management Services LLC through a Blanket Alternate Employer Endorsement, which is shown on your Certificate of Insurance. Effective January 1 Texas Senate Bill 425 became law mandating specific requirements regarding Certificates of Insurance. Under this new law Certificate of Insurance forms must be filed and approved by the Texas Department of Insurance before they can be used. In addition, Insurance agents or Certificate Holders that do not follow the new law could incur significant penalties. And any person who willfully violates this law is subject to a civil penalty of not more than $1,000 for each violation. For this reason, we are restricted on what we can state on Certificates of Insurance and can not type any special wording beyond what is allowed by statute. Attached we have included G &A's Blanket Alternate Employer Endorsement which applies to all clients of G &A. We hope you will understand our position and ask that you give us a call if you have any questions or comments. Sincerely, Jessica R. Luck, CIC Commercial Lines Manager • G &AST -1 OP ID: CTV ,acoRO CERTIFICATE OF LIABILITY INSURANCE DATE(Mr9 11 !00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT Phone: 713-690-6000 NAME Cravens /Warren & Company PHONE FAX P. 0. Box 41328 Fax: 713- 690 -6020 (AfC, No, Ext): (A/C, No): Houston, TX 77241 -1 32 8 E - MAIL Conrad Hart (G &A) ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC INSURER A : Texa s Mutual Insurance Company 22945 INSURED G &A Partners INSURER B: 4801 Woodway, #210 Houston, TX 77056 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR JNSR 4WD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP /OP AGG $ 7 POLICY n JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accidents ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS NON -OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ _ $ WORKERS COMPENSATION WCSTATU- OTH AND EMPLOYERS' LIABILITY X TORY LIMITS ER Y 1 N A ANY PROPRIETORPARTNERIEXECUTIVE NIA TSF0001076234 02/23/12 02/23/13 E L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CCAA Management Services, LLC. is insured under the referenced policy through an Alternate Employer Endorsement. (See Form WC 00 03 01) CERTIFICATE HOLDER CANCELLATION of College Station CITYCS1 The City g SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Retha THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 9960 ACCORDANCE WITH THE POLICY PROVISIONS. College Station, TX 77842 AUTHORIZED REPRESENTATIVE �r r © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYCS1 G &AST -1 PAGE 2 INSURED'SNAME G &A Partners OP ID: CTV DATE 11/09/12 The Workers Compensation policy includes a blanket automatic waiver of L suprogationendorsement th t reviles this feature only when there is a requires quires tract m WC 42 0 i and the certificate holder that Lir �V110RKERS' COMPENSATION AND EMPLOYERS I LIABILITY INSURANCE POLICY eI 1 Inss uraanceCompany WC 00 03 01 ALTERNATE EMPLOYER ENDORSEMENT This endorsement applies only with respect to bodily injury to your employees while in the course of special or temporary employment by the alternate employer in the state named in the Schedule. Part One (Workers Compensation Insurance) and Part Two (Employers Liability Insurance) will apply as though the alternate employer is insured. Under Part One (Workers Compensation Insurance) we will reimburse the alternate employer for the benefits required by the workers compensation law if we are not permitted to pay the benefits directly to the persons entitled to them. The insurance afforded by this endorsement is not intended to satisfy the alternate employer's duty to secure its obligations under the workers compensation law. We will not file evidence of this insurance on behalf of the alternate employer with any government agency. We will not ask any other insurer of the alternate employer to share with us a loss covered by this endorsement. Premium will be charged for your employees while in the course of special or temporary employment by the alternate employer. The policy may be canceled according to its terms without sending notice to the alternate employer. Part Four (Your Duties If Injury Occurs) applies to you and the alternate employer. The alternate employer will recognize our right to defend under Parts One and Two and our right to inspect under Part Six. Schedule State of Special or Alternate Employer Address Temporary Employment CCAA MANAGEMENT SERVICES LLC (1548) -CLIE 3030 S TEXAS AVE TEXAS BRYAN, TX 77802 -3121 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on February 23 , 2012 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001076234 20120223 of the Texas Mutual Insurance Company Issued to G & A OUTSOURCING I NC Endorsement No. 1 DBA; G & A PARTNERS Premium$ 0,00 A Authorized Representative ** WC000301 (ED. 1 - 94) INSURED'S COPY MXSALAZA 3 -02 -2012 l X aSM ut uar L 1NSU AND Pt7LIDY PL © Insurance Company WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce oui right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily Injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this warver from us. This endorsement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to fumish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll In connection with work performed for the above persons) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED , SEE INFORMATION PAGE . This endorsement charges the poky to which It is attached effective on the inception dater of the pc&y unless a different date le Indicated below. (The (diming 'sttect ng clause" need be completed only when this endorsement is issued subsequent to preparation of the policy) This endoraenrent, enecthro on February 23 , 2012 at 12:01 A.M. standard Lima, forme a part of Policy No. TSF- 0001076234 20120223 of the Texas Mutual Insurance Company Issued to 0 a A OUTSOLIRC I NO I NC Endorsement No. DDA: 0 & A PARTNERS 4 Premium S REPRINT Authorized Representative WC420304A (ED. 1 -01 -2000) INSURED'S COPY QUSER 2 -21 -2012