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HomeMy WebLinkAbout2014-489 DEAPR - North State Resurfacing, Co. for court resurfacing $12,470 [Departmental Use Only] TITLE ECCP Court Resurfacing FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 14 day of August, 2014, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and North State Resurfacing, CO. (the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Repair and Resurfacing of two basketball courts at Efland Cheeks Park. Provide and Install"Super Seal"crack repair. Provide and apply 1 coat of line primer to seal tapes. The term of this agreement rendered shall be from August 25,2014 to October 31,2014. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed twelve thousand, four hundred, seventy dollars, ($12,470). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers'compensation purposes. The Provider understands that neither federal,nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, 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 Revised 7/14 1 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:Horan ecountync.pov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination:This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 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. 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 Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Non Appoopriation: Provider acknowledges that County 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.In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 7/14 2 V IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE C AUNTY PROVIDER By: fi By: �-- G- aY County Manager 200 S.Cameron St. Mike Alford P.O. Box 8,181 North State Resurfacing Co. Hillsborough,NC 27278 P.O.Box 387,Wendell,NC 27591 Revised 7/14 3 "� NORTH06 OP ID:76 CERTIFICATE OF LIABILITY INSURANCE DATE 08/13/2014 Y) 08/13/20!4 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 P ODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the cortifibate holder is an ADDITIONAL INSURED,the policy(les) 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 Debnam and Company LLC PHONE - Po Bx 98 �, ,5) 919/269 9177 i N,} 919/269738 Zebulon,NC 27597 MaL Debnam&Co.(P&C) ADDRESS!..._._._ __ _. .._-..-.._.._.. ...._......._.......... .. ._. ._..... _............................ NAIC# INSURER A:Firemen's Insurance of Wash.DC 21784 _ .._............_-...._......................................__..__......._......__......... .................................. INSURED North State Resurfacing,Inc. INSURER 8:Stonewood Insurance Co. 11828 PO OX 387 INSURER C Wendell, NC 27591 _ _ .......... ____....,._........__ ... ....._...._.__......._._..... ....... INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER: 0 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. ................................._..... ...._.._. LTR I TYPE OF INSURANCE POLICY NUMBER M/DD/YYYY 14A ) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 . ................................................................... A j X COMMERCIAL GENERAL LIABILITY X PA101724344 i 0110512014 01/05/2015 AGE YO RINMO 500 00 _ PREMISE${Ee_occwrertimi,____$ , ...... CLAIMS-MADE X OCCUR j MED EXP(Any one person) $ _10,00 ..,.,_ _..______.._.._........ .................. ..._._....._......._. s } PERSONAL&ADV INJURY $ 1,000,00 2,000,00 I GE N'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG $ 2,000 00 ! k 3 POLICY X RO-P .^ LOC .._....$ AUTOMOBILE LIABILITY ,j aMBINEDll;SINGLE LIMIT $ 1,000,00 A ' X E ANY AUTO CPA701794344 11 01105/2014 01/0512015 BODILY INJURY(Per person) $ _ ALLOWNED SCHEDULED I BODILY INJURY(Per accident) $ AUTOS AUTOS ' NON-OWNED P'RQPERTYpAN}itGE-._._-------__} HIRED AUTOS AUTOS (PER ACCIQANT)„,- $, X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,00 A EXCESS LIAB__ CLAIMS-MADE CPA101794344 01/0512014 0110512015 AGGREGATE $ 1,000,00 X._.. -- I ...._.-,._____._ ._ _.._._. .... ,.__. _... DED RETENTION$ $ WORKERS COMPENSATION X WC STATU- OTH- 1 AND EMPLOYERS'LIABILITY YIN QBY�.IJI( ._._.. ..E3_._... ..........._.._. B ANY PROPRIETOR/PARTNER/EXECUTIVE C10000091832014A 01/0112014 01/01/2015 EL EACH ACCIDENT $ 1,000,00 I OFFICERIMEMBER EXCLUDED? N/A —----„ - -----._ .. I(Mandatory inNH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 I If Yea,describe under 1 _w____..—..__.._....._.. ..__. ._...._..........__.._.--..._..__ I DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,00 I I 3 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If mom space Is required) Orange County, its officers, official agents and employees are included as additional insureds regarding general liability per CLCG 0024 0113 attached. I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ty ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management PO Box 8181 AUTHORIZED REPRESENTATIVE 200 South Cameron Street Hillsborough,NC 27278 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD M1 I COMMERCIAL GENERAL LIABILITY CL CG 00 24 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY CONTRACTOR'S ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I-COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1, The Medical Expense Limit provided by this policy, subject to the terms of SECTION III-LIMITS OF INSURANCE,shall be the greater of; a. $10,000;or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION,SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A.is not otherwise excluded from this policy,the following applies: 1. The last paragraph of SECTION I -COVERAGE A.2.Exclusions is deleted and replaced by the following: Exclusions c.through n.do not apply to damage by fire, lightning,explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III -LIMITS OF INSURANCE. 2. Paragraph 6.of SECTION III-LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to S.above,the greater of: a. $500,000;or b. the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of"property damage"to any one premises, while rented to you, or temporarily occupied by you with the permission of the owner -arising out-of any°one fire,"Iightning;exploslori Cdr spnnklor leGkQd—Incident. - 3. Paragraph 4.(b)(1)(a)(II)Other Insurance of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; 4. Paragraph 9.a.of SECTION V-DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning,explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; C. PROPERTY DAMAGE -ELEVATORS Under SECTION I-COVERAGE A.2. Exclusions J. Damage To Property: Paragraphs(3), (4), and(6)of this exclusion do not apply to the use of elevators. k. Damage To Your Product does not apply to the use of elevators. D. NON-OWNED WATERCRAFT 1. Paragraph g.(2)of SECTION I-COVERAGE A.2.Exclusions is deleted and replaced by the following: A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not used to carry persons or property for a charge. CL CG 00 24 0113 Includes copyrighted material of Insurance Services Page 1 of 5 Offices, Inc.,with its permission. E. COVERAGE FOR INJURY TO LEASED WORKERS Under SECTION I-COVERAGE A.2. Exclusions With respect to Exclusion 2.e. Employer's Liability,the definition of"employee"in the DEFINITIONS Section is replaced by the following: "Employee"does not include a"leased worker"or a"temporary worker". F. SUPPLEMENTARY PAYMENTS SECTION I -SUPPLEMENTARY PAYMENTS-COVERAGES A AND B is amended as follows: I. The limit of insurance in paragraph 1.b. is increased from$250 to$2,500;and 2. The limit of insurance in paragraph 1.d.is increased from$250 to$500. G. AUTOMATIC ADDITIONAL INSURED-SPECIFIED RELATIONSHIPS The following is added to Paragraph 2.of SECTION Il-WHO IS AN INSURED: e. Any person or organization described in paragraph f.below,whom you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured provided: (1) The written contract,written agreement or permit is: (a) Currently In effect or becomes effective during the policy period; and (b) Executed prior to an"occurrence"or offense to which this insurance would apply. (2) They are not specifically designated as an additional insured under any other provision of,or endorsement added to, thia policy. f. Only the following persons or organizations are additional insureds under this endorsement, and coverage provided to such additional insureds is limited as provided herein: (1) The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any"occurrence"which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Any person or organization from whom you lease equipment,but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). However, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-AUTOMATIC STATUS 1. SECTION II-WHO IS AN INSURED is amended to include as an additional insured any person or organization to whom you are obligated by written contract or written agreement that such person or organization be added as an additional Insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury","property damage"or"personal and advertising 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. A person's or organization's status as an additional insured under this policy ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: a. "Bodily injury", "property damage"or"personal and advertising injury"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 specifications; or (2) Supervisory, inspection,architectural or engineering activities. Page 2 of b Includes copyrighted material of Insurance Services CL CG 00 24 01 13 Offices, Inc„with its permission. 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 service, maintenance or repairs)to be performed 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 contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 3. The insurance provided by this endorsement is primary insurance and we will not seek contribution under any insurance policy under which such additional insured is a named insured, if such policy was procured and paid for by such additional insured, or a parent or related entity of such additional insured. 4. With respect to the insurance afforded to these additional insureds, SECTION 111-LIMITS OF INSURANCE is amended as follows: The limits applicable to the additional insured are those specified In the written contract or agreement or the limits stated in the Declarations,whichever is less. If no limits are specified in the written contract or agreement,the limits applicable to the additional insured are those specified In the Declarations.The limits of insurance are inclusive of and not In addition to the limits of insurance shown in the Declarations. H. BROADENED NAMED INSURED(Not applicable in Virginia) Paragraph 3. of SECTION II -WHO IS AN INSURED is deleted and replaced by the following: Any organization,other than a joint venture,over which you maintain ownership or majority Interest of more than 50%will be a Named Insured if there is no other similar insurance available to that organization. However: 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. b. COVERAGE A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. I. EXTENDED PROPERTY DAMAGE The following is added to SECTION I -COVERAGE A 1. For the purposes of this coverage section, Exclusions J.(4)and(b)are deleted in their entirety,and are replaced by the following: (4) We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage"to personal property of others while in the care,custody and control of the insured (b) That particular part of real property on which you or•any-contractors-or subcontractor working directly or indirectly on your behalf are performing operations, if the"property damage"arises out of those operations; or 2. The amount we will pay for damages is limited to$5,000 per occurrence, $15,000 policy aggregate. 3. The Insurance provided by this endorsement does not apply to"property damage"included within the "products-completed operations hazard"or within the"explosion hazard",the"collapse hazard"or the "underground property damage hazard". 4. A deductible of$250 per claim is applicable to this coverage part. The deductible does not reduce the limit of insurance. For purposes of the coverage provided by this endorsement the following definitions are added to SECTION V-DEFINITIONS: 23. "Collapse hazard"includes structural property damage:and any resulting"property damage"to any property at any time. 24. "Explosion hazard"Includes"property damage"arising out of blasting or explosion. The"explosion hazard"does not include"property damage"arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. 25. "Underground property damage hazard"includes"underground property damage"and any resulting It damage"to any other property at any time. CL CG 00 24 01 13 Includes copyrighted material of Insurance Services Page 3 of b Offices, Inc.,with its permission. 26. "Underground property damage"means"property damage"to wires,conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water,caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating,drilling, borrowing,filling, back-filling or pile driving. J. LIMITED CONTRACTORS PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2.,Exclusions of SECTION(,COVERAGE A and Paragraph 2.,Excluslons of SECTION I-COVERAGE B: 1. This insurance does not apply to"bodily injury","property damage"or"personal and advertising injury" arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of,the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide engineering, architectural or surveying services In connection with construction work you perform. 2. Subject to Paragraph 3.below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps,shop drawings, opinions, reports, surveys,field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods,techniques,sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. K. PER PROJECT AGGREGATE LIMIT 1. Under Section Ill-Limits of Insurance the General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to the Insured. The most we will pay under this coverage extension is$10,000,000 regardless of the number of separate construction projects. If a construction project away from premises owned by or rented to the insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. L. LOCATION AGGREGATE LIMIT 1. Under Section III-Limits of Insurance the General Aggregate Limit applies separately to each of your "locations"owned by or rented to you.The most we will pay under this coverage extension is$10,000,000 regardless of the number of separate locations. 2. Under Section V-Definitions,the following definition is added: "Location"means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway,waterway or right-of way of a railroad. M. KNOWLEDGE OF OCCURRENCE The following Is added to paragraph 2.Duties In The Event Of Occurrence,Offense,Claim Or Suit of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: s. A report of an"occurrence",offense,claim or"suit"to: (1) You, If you are an individual, (2) A partner,if you are a partnership, (3) An executive officer or insurance manager, if you are a corporation,or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the"occurrence", offense, claim, or"suit"as soon as practicable. f. We are considered on notice of an"occurrence", offense, claim or"suit"that Is reported to your Workers' Compensation Insurer for an event which later develops into an"occurrence", offense, claim or"suit"for which there is coverage under this policy. However,we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers'Compensation policy. Page 4 of 5 Includes copyrighted material of insurance Services CL CG 00 24 01 13 Offices, Inc.,with its permission. N. UNINTENTIONAL OMISSIONS The following is added to paragraph 6.Representations of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: u. If you unintentionally fail iv uisc;osa any exposui-as existing at the Inception date of your policy,we will not deny coverage under this Coverage Part solely because of such failure to disclose. However,this provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. O. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph S.Transfer Of Rights Of Recovery Against Others To Us of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract requiring such waiver with that person or organization and Included in the"products-completed operations hazard". However,our rights may only be waived prior to the 'occurrence"giving rise to the injury or damage for which we make payment under this Coverage Part.The insured must do nothing after a loss to impair our rights.At our request,the insured will bring"suit"or transfer those rights to us and help us enforce those rights. P. OTHER INSURANCE If this policy includes a Coverage Form or an Endorsement which provides coverage for loss or damage covered by one or more of the Extensions of this endorsement,the limit and the coverage provided by this endorsement are deleted and replaced by the limit and coverage provided by that Coverage Form or Endorsement. Q. LIBERALIZATION CLAUSE Under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,the following is added: If we adopt any revision that would broaden the coverage under this coverage form without additional premium during the policy period,the broadened coverage will apply to this coverage part when the change becomes effective in your state. II II f CL CG 00 24 01 13 Includes copyrighted material of Insurance Services Page 5 of 5 Offices, Inc.,with its permission.