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HomeMy WebLinkAbout2014-191 AMS - Pronet Systems, Inc. for Hillsborough Commons card access control to door $1,600 9 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 21 st day of April, 2014 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and ProNet (hereinafter the "Contractor"), party of the second per; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: April 28, 2014 through June 30, 2014. The Project Commencement Date shall be April 28, 2014. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: One Thousand Six Hundred Dollars and Thirty-Two Cents ($1,600.32) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Hillsborough Commons/DSS: Add card access control to a door located behind the Customer Service Desk Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Revised 9/13 1 Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. This or any other written notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. f 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, i Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecoun nc. ov/piuchasiny-/contracts as p). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 8. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments,to any other party without the prior written consent of the Owner. F 10.NON—APPROPRIATION Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Revised 9/13 2 In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. i 11. E-VERIFY k Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Contractor's breach of this Agreement. By executing this Agreement Contractor affirms Contractor is in compliance with Article 2 of Chapter 64 of the f North Carolina General Statutes. r 12.ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 13. COMPLIANCE WITH LAW/GOVERNING LAW E Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. f [SIGNATURE PAGE TO FOLLOW] Revised 4/13 3 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANG CONT$ZAC,T R By By ' C un Manager Pro sytems, 200 S. Cameron St. 3200 Glen Royal Roail�Suite 107 F P.O. Box 8181 Raleigh,NC 27617 Hillsborough,NC 27278 919-277-2070 E This instrument has been approved as to technical content. Jeffrey T ompson,Department Director t f This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Chief Financial Officer This instrument has been approved as to legal form and sufficiency. Office t ounty Attorney t 4 t t{� t Revised 9/13 4 * -PRoNET SxSTEI1fIS,LNG 3200 GLEN ROYAL ROAD, SUITE 107, RALEIGH, NC 27617 www.nronetsystemsonline.com TELEPHONE 919.277.2070 FAX 919.277.2072 Q032614-Orange County-New Door Behind Customer Service Desk-Commons c S March 26,2014 Mr.Paul Sorrell Orange County Asset Management Services PO Box 8181 Hillsborough,NC 27278 Cc: Tammy Comar Dear Mr. Sorrell, RE: ORANGE COUNTY NEW DOOR BEHIND CUSTOMER SERVICE DESK-COMMONS. With reference to your request for a proposal to add card access control to a door located behind the Customer Service Desk at The Commons Building,we have pleasure in offering the following proposal for your review.Please note the door lock set provided by Orange County needs to be a storeroom function. Equipment Description Quantity E'qurpmentDesetrptibn Unit,Price ` Total-Price _ 1 Bosch DS-1501 REX PIR 74.25 74.25 _ 1 GE 1078C Door Status Contact 10.53 10.53 1 HES HE-5000-12/24D Electric Strike with Door Status Monitor 141.74 141.74 1 HID 6140000L Mullion iClass Card Reader 178.20 178.20 _ I Lenel LNL-1300 Reader Interface 255.15 255.15 Cable and Installation Materials 97.47 Equipment Total Including Cable and Materials 757.34 _ Add Estimated Shipping 18.32 Add 7.5%Sales Tax 58.17 Add Labor 766.49 Total Price Including Equipment,Labor,Sales Tax,and Shipping $1,600.32 00'; 0 1-1 Onm;-r County New Door Behind Ctr.;tomer Service Desk-Commons I'roNet Svslems. inC. 1 Warranty All products are covered for one year,parts and labor,from date of hand over. An extended maintenance program is available. This includes parts and labor on all products for the second year after date of hand over. Service Rates Out of warranty call out is charged at$75.00 per hour and$95.00 per hour out of hours(regular business hours are 8.00 am to 5.00 pm,Monday to Friday). Response time is same day if service call is requested before 10.00 am or if the system is down due to failure. All product is covered for one year,parts and labor,from date of hand over. A Service Contract for an extended maintenance program is offered if required. This includes parts and labor on all products for the second year after date of hand over. C i Service Contract g A maintenance program is offered below. I i Full Maintenance $ 65.99 per year f Terms of Payment I Unless otherwise arranged,50%of payment is due upon receipt of the order,and 50%of payment is due upon project completion. Interest will be charged at a rate of 1.5%per month on accounts 10 days past due. Validity These rates are valid for a period of thirty days from today's date. We trust that in submitting this proposal we have addressed all your requirements. Should you require further clarification or additional information,please do not hesitate to contact us. Sincerely, i k Alan Jelley ProNet Systems,Inc. Accepted: Signed ...........................................For and On Behalf of Orange County ......................................................................................... Print Name&Title Date.......................................................... 41 003.1611 Oramgc.County New Door Behind Customer Servicc Desk-Common, h oNcl ins:. 2 r ® DATE(MM/DD/YYYY) AC40R, ' CERTIFICATE OF LIABILITY INSURANCE 07/1712013 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 E OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. PORTANT: 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 NAMEACT Amy H.Paschal Ken B Lawson Jr. PHONE 919-846-2090 ext 105 aixc No): 919-846-2438 AIC dba Lawson Insurance Group ADDDARESS: aschaa nationwide.com 6512-101 Six Forks Rd. INSURERS AFFORDING COVERAGE NAIC# Raleigh,INC 27615 INSURERA: Nationwide Mutual Insurance Company INSURED INSURER B: EastGUARD Insurance Company PrONet Systems, Inc INSURER C: Progressive Southeastern Ins Company 3200 Glen Royal Road INSURER D: Suite 107 INSURERE: Raleigh, NC 27617 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF /POLICY EXP LIMITS LTR -. GENERAL LIABILITY ACP2252994383 2/22/2013 02/2212014 EACH OCCURRENCE $110001000 DAMAGE PGEIP:LAOGGREGATE MERCIAL GENERAL LIABILRY PREM SES Ea occuErrence $100 000 CLAIMS-MADE I OCCUR MED EXP(Any one person $5 000 ntractual Liability PERSONAL&ADV INJURY $1 00O 000 ntractors Enhancement GENERAL AGGREGATE $2 000 000 LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 00O 000 ICY X PRO- LOC $ t1TOMOBILE LIABILITY 07864851-2 03/0112013 03/01/2014 Ea accideDDSINGLE LIMIT $11,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ X AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ • HIRED AUTOS .IX AUTOS Per accident • UMBRELLA LIAB X OCCUR ACP2252994383 2/22/2013 02/22/2014 EACH OCCURRENCE s4.000.000 A X EXCESS LIAB CLAIMS-MADE AGGREGATE s4,000,000 DED I X I RETENTION$None $ WORKERS COMPENSATION PRWC119466 4/03/2013 04/03/2014 X F TATU- OTH- AND EMPLOYERS'LIABILITY a B ANY PROPRIETOR/PARTNEEXECUTIVE E.L.EACH ACCIDENT $50U OOO OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 LA Business Services Bond 7900388862 07/1112013 07/1112014 $50,000.Bond Limit 3rd Pa DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Orange County is included as additional insured where applicable per Contractors Enhancement Endorsement CG 72 88 attached. Waiver of Subrogation applies and is noted on the attached CG 7288. CERTIFICATE HOLDER CANCELLATION Orange County P.O. BOX 8181 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN orough,NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS. i ATTN• Tammy Comar AUTHORIZED REPRESENTA E-Mail: tcomar @orangecountync.gov , E-Mail: PatfApronetsysternsiric.corn _ e 488-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105)r� ., T ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 72 88 11 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LOST KEY COVERAGE "Loss"means unintentional damage or SECTION I — COVERAGES, COVERAGE A destruction but does not include disappearance, BODILY INJURY AND PROPERTY DAMAGE theft,or loss of use. LIABILITY, coverage is extended to include the NON-OWNED WATERCRAFT I ollowing: SECTION I — COVERAGES, COVERAGE A If a customer's master or grand key, excluding BODILY INJURY AND PROPERTY DAMAGE electronic key card, is lost while in your care, LIABILITY,2. Exclusions is amended as follows: custody or control we will pay the cost of g. Aircraft, Auto Or Watercraft (2) (a) is replacing the keys, including the master lock and replaced with: all keys used in the same lock, the cost of (a) Less than 51 feet long;and adjusting locks to accept the new keys, or the cost to replace the locks,whichever is less. EXPANDED PROPERTY DAMAGE COV- Limit of Insurance - The most we will pay for ERAGE "loss" arising out of any one "occurrence" is For the purposes of this endorsement only: $5,000. SECTION I — COVERAGES, COVERAGE A SECTION V DEFINITIONS is amended as BODILY INJURY AND PROPERTY DAMAGE follows: LIABILITY,2. Exclusions is amended as follows: The following definition applies to Lost Key a. Exclusions j.(3),j.(5), and j.(6)are Coverage: deleted in their entirety. "Loss" means unintentional physical damage or b. Exclusion j.(4) is deleted in its entirety destruction to tangible property,including theft or and replaced by the following: disappearance. Tangible property does not Personal property in the care custody or include money or securities. control of the insured: VOLUNTARY PROPERTY DAMAGE 1. for storage or sale at premises you SECTION I — COVERAGES, COVERAGE A own, rent or occupy;or BODILY INJURY AND PROPERTY DAMAGE 2. while being transported by any LIABILITY, coverage is extended to include the aircraft, "auto" or watercraft owned following: or operated by or rented to or loaned At your request,we will pay for"property damage"to to any insured. property of others caused by you and while in your c. The following exclusions are added: possession, arising out of your business operations 1. The coverage provided by this and occurring during the policy period. endorsement does not apply to Limit of Insurance-The most we will pay for "property damage" arising out of the "loss"arising out of any one"occurrence"is disappearance or loss of use of $500. personal property. SECTION V—DEFINITIONS is amended as follows: The following definition applies to Voluntary Property Damage coverage: CG 72 88 11 11 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. CG 72 88 11 11 2. The coverage provided by this SUPPLEMENTARY PAYMENTS endorsement does not apply to SECTION I — COVERAGES, SUPPLEMEW "property damage" included in the TARY PAYMENTS — COVERAGES A AND B is "products-completed operations amended as follows: hazard". 1. 1. b. replaced with: Limit of Insurance - The most we will pay b. Up to $2,500 for cost of bail bonds for `property damage" provided by this required because of accidents or traffic coverage in any one"occurrence"is$5,000. law violations arising out of the use of Deductible - Our obligation to_ pay for a any vehicle to which the Bodily Injury covered loss applies only to the amount of Liability Coverage applies. We do not loss in excess of$250. have to furnish these bonds. This insurance is excess over any other valid 2. 1.d.replaced with: and collectible insurance. d. All reasonable expenses incurred by the DAMAGE TO PREMISES RENTED TO YOU insured at our request to assist us in the SECTION I — COVERAGES, COVERAGE A investigation or defense of the claim or BODILY INJURY AND PROPERTY DAMAGE "suit", including actual loss of earnings LIABILITY, the last paragraph of 2. Exclusions up to $500 a day because of time off of is replaced by the following: from work. If Damage to Premises Rented to You is NEWLY FORMED AND ACQUIRED not otherwise excluded, exclusions c. ORGANIZATIONS through n. do not apply to damage by fire, SECTION II — WHO IS AN INSURED is lightning, explosion, smoke or sprinkler amended as follows: leakage to premises while rented to you or 1, 3.a. is replaced with: temporarily occupied by you with permission of the owner. A separate limit of insurance a. Coverage under this provision is applies to this coverage as described in afforded only until the 1 Both day after you Section 111-Limits of Insurance. acquire or form the organization or the SECTION 111 — LIMITS OF INSURANCE, end of the policy period, whichever is paragraph 6 is replaced with: earlier; 6. Subject to 5. above, the Damage To ADDITIONAL INSURED — WHEN REQUIRED Premises Rented To You Limit is the most IN AN AGREEMENT OR CONTRACT WITH we will pay under Coverage A for damages YOU because of 'property damage" to any one The following is added to SECTION II—WHO IS premises,while rented to you, or in the case AN INSURED of damage by fire, lightning, explosion, 4. Any person(s) or organization(s) with whom smoke or sprinkler leakage, while rented to you have agreed in a valid written contract or you or temporarily occupied by you with written agreement that such person or permission of the owner. The limit is organization be added as an additional increased to$300,000. insured on your policy during the policy SECTION IV — COMMERCIAL GENERAL period shown in the Declarations. Such LIABILITY CONDITIONS, 4. Other Insurance, person or organization is an additional b. Excess Insurance (1) (a) (ii) is replaced insured only with respect to liability for with: 'bodily injury", 'property damage" or "personal and advertising injury". (ii) That is Fire, Lightning, Explosion, The person or organization added as an Smoke or Sprinkler leakage insurance insured by this endorsement is an insured for premises rented to you or temporarily only to the extent you are held liable due to: occupied by you with permission of the owner. Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 11 11 with its permission. CG 72 88 11 11 a. Lessors of Leased Equipment in the performance of your ongoing Maintenance, operation or use of operations performed for that additional equipment leased to you by such person insured, whether the work is performed by or organization. This insurance does not you or on your behalf. apply to any "occurrence" which takes The insurance does not apply to: place after the equipment lease expires. (1) "bodily injury", "property damage", or However, their status as additional "personal and advertising injury" arising insured under this policy ends when their out of the rendering of or the failure to lease, contract or agreement with you render any professional architectural, for such leased equipment expires. engineering or survey services, b. Managers or Lessors of Premises including: The ownership, maintenance or use of (a) The preparing, approving, or failing that part of the premises you own, rent, to prepare or approve maps, shop lease or occupy. drawings, opinions, reports, survey, This insurance does not apply to: field orders, change orders or (1) Any "occurrence" which takes place drawings and specifications:or after you cease to be a tenant in that (b) Supervisory, inspection, architec- premises. tural or engineering activities. (2) Structural alterations, new con- (2) "Bodily injury" or "property damage" occurring after: struction or demolition operations (a) All work, including materials, parts performed by or on behalf of the Al person or organization. or equipment furnished in connection with such work, on the However, their status as additional project (other than service, insured under this policy ends when you maintenance or repairs) to be cease to be a tenant of such premises. performed by or on behalf of the c. State or Political Subdivision - additional insured(s) at the location Permits of the covered operations has been Operations performed by you or on your completed;or behalf for which the state or political (b) That portion of "your work" out of subdivision has issued a permit. which the injury or damage arises This insurance does not apply to: has been put to its intended use by any person or organization other (1) "Bodily injury" or "property damage" than another contractor or or "personal or advertising injury" subcontractor engaged in arising out of operations performed performing operations for a principal for the state or municipality;or as a part of the same project. (2) "Bodily injury" or "property damage" However, a person or organization's included within the "products- status as additional insured under this completed operations hazard". policy ends when your operations for However, such state or political that additional insured are completed. subdivision's status as additional insured AGGREGATE LIMIT PER PROJECT under this policy ends when the permit SECTION III — LIMITS OF INSURANCE The ends. following paragraph is added to paragraph 2: d. Owners, Lessees, or Contractors The General Aggregate Limit under Section "Bodily injury", "property damage" or III Limits of Insurance applies separately to "personal and advertising injury" caused, in each of your construction projects away from whole or in part,by: premises owned by or rented to you. (1) Your acts or omissions;or (2) The acts or omissions of those acting on your behalf; CG 72 88 11 11 Includes copyrighted material of Insurance Services Office,Inc., Page 3 of 4 with its permission. CG 72 8811 11 MEDICAL PAYMENTS policy provided such failure to disclose all hazards or prior"occurrences" or offenses is SECTION 111 — LIMITS OF INSURANCE, not intentional. This provision -does not Paragraph 7,is replaced: affect our right to collect additional premium 7. Subject to S.above,the higher of: or exercise our right of cancellation or non- a. $10,000;or renewal. b. The amount shown in the Declarations WAIVER OF SUBROGATION for Medical Expense Limit is the most SECTION IV — COMMERCIAL GENERAL we will pay under Coverage C for all LIABILITY CONDITIONS, 8.Transfer of Rights medical expenses because of "bodily of Recovery Against Others to Us is amended injury"sustained by one person. to include: This coverage does not apply if Coverage C If required by a written contract executed Medical Payments is excluded either by the prior to loss, we waive any right of provisions of any coverage forms attached to the subrogation we may have against the policy or by endorsement. contracting person or organization because KNOWLEDGE OF AN OCCURRENCE of payments we make for injury or damage SECTION IV — COMMERCIAL GENERAL arising out of your ongoing operations or LIABILITY CONDITIONS,The following is added "your work" done under a contract with that to 2. Duties In The Event Of Occurrence, person or organization and included in the Offense,Claim Or Suit condition: LIBERALIZATION or operations hazards'.RALIZATION E e. Knowledge of an occurrence, offense, claim SECTION IV — COMMERCIAL GENERAL in in insured shall not in itself constitute suit by an agent employee of any LIABILITY CONDITIONS, 10. Liberalization is in knowledge of the insured unless you, a added as follows: partner, if you are a partnership; or an if we revise this coverage form to provide more executive officer or insurance manager, if coverage without additional premium charge, you are a corporation receives such notice of your policy will automatically provide the an occurrence, offense, claim or suit from additional coverage as of the day the revision is the agent or employee. effective in your state. f. The requirements in Section IV — BROADENED BODILY INJURY DEFINITION Conditions Paragraph 2.b. will not be (MENTAL ANGUISH) considered breached unless there is SECTION V — DEFINITIONS is amended as knowledge of occurrence as outlined in follows: paragraph e.above. 1. 3."Bodily injury"is deleted and replaced with UNINTENTIONAL FAILURE TO DISCLOSE the following: HAZARD "Bodily injury" means physical injury, SECTION IV — COMMERCIAL GENERAL sickness or disease to a person and, if LIABILITY CONDITIONS,6. Representations is arising out of the foregoing, mental anguish, amended to include: mental injury, shock or humiliation, including d. Your failure to disclose all hazards or prior death at any time resulting therefrom. "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 11 11 with its permission.