HomeMy WebLinkAboutNATIONAL VISUAL SYSTEMS 1 - 2001
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INSURA~jCE ON FILE
WORK MAY PROCEED
UNTIL IrlSUfWiCE EXPIRES
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CLEi1:< OF COui1CIL CONSULTANT AGREEMENT Dc:.-
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THIS AGREEMENT, made and entered into this ~ day of ,2001 by
and between National Visual Systems, Inc., a California corporation (hereinaft r "Consultant"),
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California (hereinafter "City").
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N-2001-157
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
manufacturing signage.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $8,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
()- This Agreement shall commence on the date first written above and terminate on June 30,
2001, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of the
Community Development Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
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e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification oftermination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
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like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent ofthe other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault ofthe Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation oflaw; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any marmer with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the marmer provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6549
and,
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City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
National Visual Systems, Inc
5482 Oceanus Dr. #G
Huntington Beach, California 92649
Attn: Lynn Perry
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assigoment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
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shall be construed to limit the City's ability to have any ofthe services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation. performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis
Agreement.
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16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms ofthis Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body ofthis Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEALY
Clerk of the Council
~!:v~1t1!
I City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
J' ,
By: (1 (?.uA(( Li'-{' )i!.,,/
Laura Sheedy /
Deputy City Attorney .
RECOMMENDED FOR APPROVAL:
NATIONAL VISUAL SYSTEMS, INC.
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33-1J:J"'1 ~ 510
Employer ill # or Individual SS #
JOHN . REEKSTIN
Execu ive Director of the
Community Development Agency
7
Jun 21 01 09:51a
Nat/l Visual S~5tems Inc.
CITY OF SANTA ANA REGIONAL
TRANSPORTATION CENTER
STANDARD PRICING
LlIITERI0R AND EXTERIOR SIGNS
l> 1116", 1/8", 'I." tlllck Plexiglass or y." Sintra (or equal).. ... .... . .
};- Radius Corners ..
l> Velcro and double-sided tape mounting.
l> Magnetic tape and screw-mounting
~ Custom colors -
)> Painting of standard colors.. .
l> Custom type styles. ..
l> Logos. ...............
l> Silkscrccning (up to 2" high copy size) .
l> Silkscrccrung (additionallincs of copy) ." ...... ..... .
l> Silkscrcemng (if more than 18 characu,,, per liue) . .... ..........
l> Bevellbullllose edges . .. .... ... ... .
l> Flame polished edges.. .
." Din~clory strip re-orders (standard size) ..
l> Vinyl Letters... ...
l> Installation..
For Custom signs, call for quotations
S ::':antaAna8\ar1dardPricing
7148989034
Effective May 200 I
. AOt per sq. ill.
.$1.25 per corner
$2 per sign
.. ...$4 per sign
$70 for paint matching
$10 - $40 mmimum
$\00
$100 minimum
$20 per line
. $15 per line
. .. $1. 50 per character
. ...$10 per sign
$10 per sign
. $35
... ... .60t - $40 per letter
...$70/hr.
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EXHIBITB
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
, this endorsement form as a part of
Effective
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
8
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ACORD CERTIFICATE OF LIABILITY INSURANCE 1~~,)QIM DATe
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,""OClua-. THIs C1!RTlfICATE IS I$SVED A8 A MATTEA OF INfORMATION
BYJrs Thomplol1lnlUnnt. ONLY AND CONfERS NO RIGHTS VPON THE CEATI'ICATE
HOLD,,", THIS CERTIFICATE DOES NOT AMENO, E~TENO OR
2m Sou,. Broadway, Sull. B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
SlfIta Ml,ia CA 934~ INSURERS AFFORDING COVERAGE
INSIJR~O In<. ~.lion.1 VI,u" iy.1 INII"IA A' THE HARTFORD
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Hunlnglot1 e.,<h CA 1Z149 IINI'.lI!P1D:
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COVERA ES
THE POLICIES OF INSURANCE USTEO BELOW HAVE BEEN lsaUEO TO TIE ,NSUIIIO NAMED ABO\llE FDA THE POLICV 'E~OD INDICATED. NOTWITHST
ANY REQUIR!liIINT. TERM OR CONDITION OF ANV COflTIIACT OR OTHER DOCUMENT WITH RES'ECT TO WHICH THII ceRTIFICATE MAY Ie IlsUEO 0
MAY PERTAIN. THE INSURANCE AFFORDED B'Y 1)11 'Ot,ICIE8 DI8(:Nll!O HEReiN 1& SUB.teCT TO ALl. THE TlAMS. EJ(CUJ810N8 AND COMmTIONI 0'
POUCIES. ACCREGA TE UMlTI 'HOWN MAV HAVE SElN REDUCED BY PAID CLAIMS
IN .. TY,e Of INIURANCE !'Olley fIIVM POL' noTf\J(
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Laura Sheedy
Deputy City Attorn",
CITY OF SANTA ANA
REGIONAL TRANSPORTATION AUTHORITY
1000 E SANTAANA BLVD me
SANTA ANA, CA 12101
QANCELLATlON
S~O\JLO/A.Nyor THf ABOVI OES<;MlI.tI POLIOt!;' IE CANCEl-...eO IfI'ORE. "t1ol11 UPlRATION
D"Te.lltl.~EO', T~e.II!lUlNOIt.j&\JRERWI\.ll IlAll JL DAY&WAlTleN
NOTltlt ra THIIi CEIU",leAT! HOl.DfP' l'l"'ME YO THI L~fT,
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AUfHOIUUO R!PR!SENTATIV
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RO CORPORATION 1918
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. , ADDITIONAL, INSU~t.'if~NDORSEMENT
lVl.nee Company /h (. ~ A R*" {;, V
TNs el'1dor1.ment modlfiu such insl:l1'lll'lCt as Is afforded by the proVisions or policy
1,'11 :i~~1'i-73 ralating to IhtloIIDwlng: .
1. The CIly 01 Slln~ Ana. 20 Civio center Plaza, Santa Ana. Californie 92701 i
Its Qllicers, .mplo~. agentS and ~relienlllilllls are named as Bddillonal in$IJreds
raddilione1 Insureds") wilh r8g8rd 10 ~Ilbrlly '.and dllfense 01 lUlls lIl'isina from the
ooeratlons end uas perfurmBd by OT on behalf 01 the n1l!T18d insured,
2, Wllh respect to c1a1_ ariGlng out ollne operattons end uses peiformed by
or on behall or the named insured. such insuran~e as Is allorded ~ this poUcy Is prlmllry
and is not addiUQnal to or contributing wilh any olher insurance calTled by or for Ut.
benefit oIl11e additional Insureds.
J. . This insuranCll eppl~ sepIII'lIlely \0 each insured agelns\ whom claim Is
made or sull Is brought "''''1'111<1111 ,npeCl \0 the company's limlls 01 liability. The
inclusion 01 any person or organization ..5 an i"su,ed shall not e"eet any righl which such
penoon or organiz;lUon WOtIId hllve as a cleimant il not so included:
4. Wilh respect 10 the additional in~ur..c1s. this lnsurlll1ce shall nol be cancened,
or materially rvduced In coverage or limils except after thlrly (30) deYIl wrillen notice has
been giwn to Ihe City of Santa Ana. 20 CiYic Center Plaza. Santa Ana. Californla 92701.
{Completion ollhe following. Including coun\elsignature, Is required \0 make Ihls
..ndo........."l effec\ive.)
Ellecllve 11-/ ~ '1,1c ?-- , this enclorseml!1l\ 10rm 118 II pai1 01
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Policy # 57 S 73I1-C/C I 'f 73
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If 11II '"" llIhIr InIUlllllOl pennill conlrlbUllon by
tqIIIt MINI, M win lollovr lhlll md1cxllllO.
Undllthlt IPProaoh Ilah inlUl'lr contrlbul..
~ual ImoiJllll until II hu plid 11II IpplIClIbl1
IImIl C1ln1urancl or nane or 1lll108I1lII1111n1,
whlcNv... <lO",H ftltll.
It Iny ," tilt olhlr InluranOI dOli nol p.rmit
cont~hullon by equ.1 them, we 1'111I
contrlbulll by 1Im111. UMdIr tIllI mllh<Ml, lach
InlUl'I~1 bll. on lh. rlllo 01 III appllOlble
Ilmlll ~, InlUIIIICI 01 allln,urar.
d, ",11 pruvlllan pnwIdII IUCh Inl\lr._ II II
dIlrded lII'llfIT thi, ~ollgy. but oriy wltlll1llPlCl
lQ \'O"r opII1lUOnl, 'your wor1l' or Ilollmll
ownood or IlIed by \'Ou,
F. OPTIONAL COVERAGES
n liIlId or Ihown as appIlOlb:. In thl DllellratiOrll, one
or mlllll of tha followlflll OpUonal COIIallgll llso Ip~Jy,
iIlII. oaverall"lIlrl1lubj1ol to \h&1em18 and coMdiUona
appIloabl4llo 91111"* LlIl>ll11y Cove.. In till. palIGy.
IK. II JlIOY!I'lad bll""': ,
A\o~lilID~T6'..~'.I."O" or Or-
._-~
~..- ~aof1'
<<, IllS, Th, H.QSR/'ty Cit,
b. To aue us on Ihl. poIloy unl,,1 III 01 III
tl"'" hlvl bHn lully oom~11ed wl1h.
A Plllon or o_lzaton may lue \II to A100Vlr on
an IgrHd ..~t or on I flnalludgm'" "llII'nat
III'llnamd obllllntld Iflw In lCluallrilll, bI.II_ wil
nollll nib,. far dlmlOll \!'IlIIAI nollllYllllt undIr
thl 11""1 01 thll pollgy flI' Ill" Ira In 11011I oIlhe
,ppUeebl1 Limit ollnturlnCII. Aft IQI'lIId IInlllfl1ant
mHl1tl llIlll"",,nl.nd ...,.... or u.bn~ .Igned by
ue, tIMI InluNd .m Il'le crllmlnt ar thlllIIIlmanre
Ilgal repmll11attve.
S. .....10" of IIlIUI'IdI
ExOlpl with 'eBl'ICI to IhI Umlll 01 Inlllrlno..
ena Iny rlghl' gr d\JUI. SjllglllCllly uelgnla In
thle policy 10 Ill. fir.' Nlmld lnIurwcl, thl,
lnIurancl IPPI18I;
.. AI II eaoh Nlm.d IlI8Uflld well the oNy
Named lnIur.d; and
~ 51P"11lI1y \0 "ell Inlu~ .galnat whom
clllm Ie midi or oillilt' 18 braUllhL
e. Un1ntlllllenal FalluN Te D..... H.....
II II Igl'I.d IIlI1 biNd on our rllllnce on your
...p.....nl.~on. I' to IllIIllng hlUrde, II
unintention.lly you ohould f'" to c1aalllll all IUoll
nllllds 81 the Inclpllcn dall of your policy, WI
,"III nal deny any oov'ra~e unclap thl. Coverllll
Part beelulI of ,uell t.llura.
Olhw Inau~ ,PlMI8lY AoWllIon.! In__
n Ihl wrlttln contraat or IQl'Hment ar pllfm~
rtqUJI'I8 lhll InlUranae III bl primary lor any
p.lSOn or ol\llnli.llan with whom \'Ou IQtM to
Inotud8 In WHO 1& AN 11lIU1II1D. till other
Inlurall/lll Provl.'0tI11 appllolble.
" Olher Vllkllnd 1lOIIaOllbl, Inllir.nOI II IVllllbl,
lor I 1018 WI COVlr und.r \hll au.ln... Ll.bl~
cOV1Iragl Form, 0Uf obll;IUcnl 11'1 Illnltea ..
followI:
I. Prim.., llIIUTIIIlIl
TnlllnllUranOlIs prtmll)'. We wlU nllt llIk
oont~butlon& lrom oIher Inlurlnel II/alllhlt
10 lh. p,raon or orglnl~.tion with wMm you
191" to Include In WHO II AN INaURlb,
Ixo.pl when b.lI'pll...
b. E_lnlUI'IIllOl
Tnla Inlurl""l la IllCIBI oVlr Iny 01 Ihl
othar InlUrlnCll whether p~ml1Y. &XC....
conllngent or on .ny ather bat";
(1 ) Thai II Fin, extended Covertgl,
Bulld.f, Rllk, lnelallaUon Rltk or elmillr
ooveragt tor 'your wariI;'
(2) Thai 18 Flte, lightning or e.ploelon
Inaurlncelar preml5111 renlld ta you; gr
f'on>n as 00 08 OlI'e Prlnlld In U.8.A. (NS)
Tllac:;l
Ma~ 28 02 02:41p
--
...
...
LI1
...
M
reptIIsenlaUve Will have aP your, r1ghll; and
dUll"" under this polic:v, --
a. Any "employ." of Ihe Inalnll whOe acting in
the scope 01 hlsiher I1Iftu IS a retail
pharmacist, or optic/en or optomelrtst.
~' f. Addlllalml InauNda by CIIl1Inlct,
Ag_tn1 or Panni!
My person or "'llaniz.Uon wlIh Wham you
agr..ct. bec:aUlle 01 . wrltten confrac;l or
agreement or permit. \0 proVIde IllIuranae
.uch as I. afforded undor thl. Buo;n...
liability COYlflIll Form, bul only wlltl r..pacl
to your aperationl, 'your work' or la"II"'-.
awned or uaed by you.
However, covarage under llil p,ovtclan dael
nol apply:
{11 Unl_ the writtan ODntr.", or Ig...mant
hat 8llecuted or permit' nil been laIIed
prior III the "bodlly In/lllY" 'properly
clamage; 'palSonal injury' or 'acIv8r1lslng
Injury..
(2) To any pnon cr crgenjz.Ucn Included .s
an InlNr&el under proylaion g. (Elrold
Fanm Vendors),
(I) To any cther persen or organization
shown in Ille Dacla.slion, .. In Addl.
tionalln.ured.
Co~~ undwthle proweion lnctudu the
101l_lnll:
(1) Whan an engineer, lU'Ch1lMl or
........yar bucom.. an 'nlured under
proviolon 2..... Ihe fallowing eddlllonol
exclusion appU",,:
'Bodily Injury,' 'prap.rly damage,'
'pallia",,1 Injury,' or 'sdvortlllng In\lllY'
.rlslng cuI or the rendering alar Ihe
failure to rsnct.' .ny prele..ion.1 ,.rvioas
by c, for you Including:
(e) The preparing. .pprovlng. Of 1.lIul'8lo
prepare or appreve maps, dr.wlngs,
opinions, r.pa"", aurveys. ch8l1ll9
orders. elKlgn. or IP.oIf1csllonor; and
(b) SUl"'MSClY. Inlll.ellon, or
engineering ...1'11<:...
(1) When a Ie.or of Ieaaed aqul"",ent
beccmes In Insured under provision 2....
the follOWing adclltlonalllllclusions apply:
(e) To any 'ooowrones' whlcl1 lake.
pl.e. after the .qui~m'nl lea..
Gxplres: or
M
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-
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....
-
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form sa go 08 1U B6 Prinlod in U.s.A. (NS)
p.5
'"
BU~ as LIABILITY COVEflAGE fORM
(II) To 'bodUy injury' or 'proplrty
a.m.ge' .rtolng" oUl of the acl.
nogtlgene. cr Ih<lle..or.
(a) When _118'" or other Int_1I !rom
whom IMcI ha. been INaId b.com. In
Insured under provision 2.... Ihe following
.ddlllonaluclusions apply:
(.) Any "oceumonce' which talcel place
Iller you eelS. 10 I.... Ihllllnd; or
(b) structural Ill.reUans, new
construction or demolltian oparadans
plriarmed by ar an tHlh.1I at lh.
own... or olher Int.....II1rcm whom
land has be.n I._ct,
(4) Wh.n.....".,. or Ieuo.. 01 ,....."....
bllCom. .n Inrured under provision 2.L,
1I1e fallowing excIus;cns apply:
(I) MY 'acoulTlnco" which lakllll pl.ca
aller you _II to be a tenant in !hat
p",mlall: or
(II) SINc;lullll .Ileralion., naw
conslruellon or d.moIl1tcn oper.ticns
~srfarmecl by or on hehan of the
m.rlI.ger or loasors of tho prom'..s.
::is
t::r:
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. g. Addnionelln.UNd . Broad Fo"" Vencfot'll
Arr; pal'lon or organized with whom you
agread. becaus. of I w,lII.n oonU'll'" or
egre_nt to provide In.uran.... bUl only with
respect to 'bodily inlury' or "proPlrty dlImoga'
Irlaina cut of 'Vau, products' wtlloh are
dlolrlbUl.d or sold In Ihe regular COUrsl or lh&
venclar. bu.ln.... .ubj.ct to the following
a~di~o"al ..xc/uelan.:
(1) Th. Inlurance .ncrded the Vendor dos.
!lOr apply to:
(I) 'Bodily injIJry" or 'property damlgl'
10' which Ihe vendor it; obligated to
PlY damagea ~y ....on 01 lhe
lasumptlon of liability In a oonlrael or
Igr..m.nl. lhls IXclUfllan do.. nol
apply to Iiabillly tOf damlges Inat the
~ vandar would hsv. In the abSGtlCl ar
E tha contract or Igre,mant;
o
, Iuly expre.. w.rranty unauthortz.d
.s '" byyou;
:; dJiQ Iuly phvsical or chamlcal change in
i5i '" product ,.ad. Inlentlonally by th.
e '5 \l9ndcr,
o 0. .
j CPVl R_packaglng, unl... unpeek.d sclely
. for tn. purpaa. of inapacUan,
PIlIlI 9 of 18