10764 Los Vaqueros Circle Contract
Los Alamitos, CA. 90720
Phone (714) 816-9890
State Contractor's License: #A-826743
DIR #1000011699
[email protected]
Estimate No: 6770
Date: 4/29/2024
CONTRACT SUBMITTED TO
JUAN CARRILLO
CITY OF REDONDO BEACH
531 N. GERTRUDA AVE
REDONDO BEACH, CA 90277
We hereby submit specifications and estimates for: Total SCOPE OF WORK:
- SUPPLY, DELIVER, AND INSTALL (1) 18,000 LB CAPACITY PKS LIFT CLEAR FLOOR DESIGN - MODEL PK18 - SUPPLY (1) SET OF SCREW TYPE HEIGHT ADAPTER KIT WITH THREADED PICK UP ASSEMBLY, ACME ADAPTER, 5" AND 9" STACKABLE ADAPTERS
- CONCRETE ANCHOR TO EXISTING CONCRETE FLOOR
- CONNECT TO ELECTRICAL CIRCUIT NTE 5' LINEAR FEET
- CONNECT TO AIRLINE NTE 5' LINEAR FEET
- FILL WITH HYDRAULIC OIL, BLEED, AND TEST OPERATE
- NEW PKS 2-POST LIFT TO MEET AND CONFORM TO STATE OF CA CBC AND IBC STANDARDS FOR APPROVED 3rd PARTY
TESTED LIFTS BY ANSI/ALI
NOTE: MINIMUM CONCRETE THICKNESS REQUIRED 12" 4000 PSI STEEL REINFORCED LABOR (PREVAILING WAGE) 2,950.00
EQUIPMENT (LIST: $26,372) 21,146.05
INSTALLATION PARTS AND ACCESSORIES 1,952.25
SHIPPING/FREIGHT (ESTIMATE, ACTUAL COST TO BE CHARGED) 4,250.00 TERMS, CONDITIONS AND EXCLUSIONS:
3. Permits, city license, city fees, city inspections and/or deputy inspections are not included. If city permits/fees/inspections are required to complete the above work, than the direct cost of these items with a 15% mark up along with the time required to obtain them at our current billing rate will be billed as an extra.
4. Clear/unobstructed and ample overhead clearance is the responsibility of the owner/operator.
5. Painting or repairs to concrete floor coverings if damaged during the project is not included.
7. Seismic/Structural/Engineering and/or any requirements beyond normal manufacturers recommended installation procedures is not included. Seismic anchoring (epoxy cement and A-36 steel are extras). “Wet” stamped engineering is an extra.
10. Existing concrete integrity: Level, sound (no cracks and/or deterioration) and ample thickness (per manufacturers requirements) is the responsibility of the owner/purchaser. Any minimum anchor to cold joint edge distance not achieved is the responsibility of the owner/purchaser. Minimum concrete compression strength is 3000 PSI. Owner/purchaser is responsible for existing concrete quality and/or defects that do not meet lift manufacturers guidelines. If required, concrete testing and/or replacement will be billed as an extra.
18. Limited Access: Designated bay receiving new equipment and/or repairs must be cleaned and clear at the time of job start.
Adjacent bays on each side of the construction area must be also clear of any automobiles for construction work to begin. Any delays and/or cleaning of areas will be billed as an extra. Any damage to vehicles and/or equipment not removed from construction area will be the responsibility of the owner/purchaser.
24. This contract does not include any oversight, investigations, permits, fees and/or compliance by Southern California Edison. Any change of work or work stoppage by Southern California Edison and/or city officials will be billed as an extra.
26. Shimming of columns or runways beyond 1/8".
Payment: Net 30 of Customer’s receipt of the invoice Total All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon accidents or delays beyond our control. Our workers are fully covered by Workmen's Comp. Insurance. Attorney's Fees: If any party to this contract resorts to legal action or arbitration to enforce any provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other relief to which it may be entitled. Upon full payment, the title to all equipment and materials supplied under this contract will transfer to the Customer. by Autolift & Equipment Service, Inc. (“Autolift Services”) guarantees that all supplied materials are free of any encumbrance or liens at the time of delivery.
Payment terms shall be Net 30 days from the Customer’s receipt of the invoice. All invoices are to be paid in full by the due date, except where a dispute is notified in writing within 15 days of the invoice receipt.
In the event of a payment default, the Seller shall issue a written notice to the Buyer. The Buyer will then have a 30-day grace period to rectify the default. If the payment default is not resolved within the grace period, the Seller may initiate repossession or recovery of the equipment. This action will be conducted in a manner designed to minimize disruption to the Customer’s operations. The costs associated with repossession are capped at 5% of the outstanding balance and will be due within 45 days of the Seller’s notification to the Customer of the payment default.
A restocking fee of 5% applies to items returned unused and in their original packaging within 60 days of delivery. Returned items must be in a condition that allows for resale without additional refurbishment.
The Purchaser agrees to pay all reasonable expenses and attorney fees incurred by the Seller in connection with any repossession or sale of the property, or otherwise incurred due to the Buyer's default, as permitted by law. Time is of the essence in this agreement.The terms and conditions of this agreement are subject to the approval of Autolift Services, Inc., Los Alamitos, California. Purchaser understands thatseller is a manufacturers distributor and therefore all claims against the merchandise are covered under manufacturer’s warranty and/or terms and conditions of sale. This is a legal and binding agreement upon approval by Autolift Services. Credit Cards will incur a 4% additional charge to the total contract. 10764 Los Vaqueros Circle Contract
Los Alamitos, CA. 90720
Phone (714) 816-9890
State Contractor's License: #A-826743
DIR #1000011699
[email protected]
Estimate No: 6770
Date: 4/29/2024
CONTRACT SUBMITTED TO
JUAN CARRILLO
CITY OF REDONDO BEACH
531 N. GERTRUDA AVE
REDONDO BEACH, CA 90277
We hereby submit specifications and estimates for: Total
28. Vehicle Lift Locations: Vehicle lift locations, specifications and layouts shall be approved by purchaser or owner prior to commencing work. Dimensions and weights of vehicles to be services by vehicle lifts shall be the responsibility of the purchaser or owner.
32. CAL-OSHA requires operator training to fully comply with safety standards. Autolift Services assumes no liability for the use, operation, management, or control of the above ground lifts inspected. Autolift Services can provide operator training at an additional charge.
39. Employee and/or user training. User manuals, safety manuals and vehicle lifting points manual are either contained in the shipping documents or available for a nominal charge. It is the responsibility of the owner/purchaser/employees and operators of this equipment to obtain, read, document, understand and apply all related information contained in these documents prior to using the above listed equipment.
47. Onsite Facilities: Customer is to provide free access, an unobstructed work area and adequate rest room facilities for the installation crew. Customer is to provide adequate power for the use of power tools, equipment charging, and pipe machines to within 50’ of the work area. It is imperative Autolift Services have access to electrical and lighting, for our equipment. If it becomes necessary for Autolift Services to rent generators and/or lighting, it will be billed as an itemized extra. Customer is to provide a lay down area within 50' of the project construction area for equipment and materials storage.
56. All requests for change orders are to be made by the Customer in writing with a minimum of (3) working days provided to the scheduled work to be performed. The contract price shall be adjusted according to the changes specified. In addition, all claims by Autolift Services for any extra work will be made in writing before the execution of the work. All change order requests not received within these parameters will be invalid.
58. Periodic Maintenance and Inspection: Owner agrees to follow the guidelines set forth by ALI/OSHA/EQUIPMENT MANUFACTURER requiring periodic maintenance and inspections by a qualified independent firm. All terms, conditions, and warranties are void if P/M Safety Inspections are not completed by an Autolift Services ALI Certified Inspector on a minimum annual basis. Owner, employees and their affiliates agrees to indemnify and hold harmless Autolift Services for any future event if these standards are not adhered to. In addition, If annual P/M Inspections are not completed or/if another contractor performs these duties, owner and employees agree to additionally insure Autolift Services with a waiver of subrogation endorsement in the event that future claims would arise.
74. Autolift Services warranty to the original owner-user for (1) year from the date of invoice against defects in workmanship or materials when the equipment is installed and used in accordance with manufacturers specifications. Autolift Services’ obligation under this warranty is limited to repairing or replacing any part or parts, which upon inspection prove to be defective and have not been misused. This warranty does not cover normal maintenance, or adjustments, damage or malfunction caused by improper handling, abuse, misuse, negligence, carelessness of operation, or lack of normal maintenance. The remedies described are exclusive and in no event shall Autolift Services be liable for special, consequential or incidental damages for the break of or delay in performance of this warranty.
78. Lay Down Area: Customer to provide secure laydown area for parts, materials, equipment, etc. for project. A minimum of (2) parking spaces on each side of the laydown area to be clear at all times. Any vehicle and/or property damage that occurs during the project in this restricted zone is the responsibility of the property owner and/or facility management.
83. All repairs and/or installations in this contract are based on utilizing experienced Non-Union personnel during normal working hours (8:00am to 4:00pm Monday through Friday). Any written request to perform the duties in the above scope of work including but not limited to: work after hours, use of overtime, work during weekends and/or holidays will be billed as an extra.
Payment: Net 30 of Customer’s receipt of the invoice Total All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon accidents or delays beyond our control. Our workers are fully covered by Workmen's Comp. Insurance. Attorney's Fees: If any party to this contract resorts to legal action or arbitration to enforce any provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other relief to which it may be entitled. Upon full payment, the title to all equipment and materials supplied under this contract will transfer to the Customer. Autolift Services guarantees that all supplied materials are free of any encumbrance or liens at the time of delivery.
Payment terms shall be Net 30 days from the Customer’s receipt of the invoice. All invoices are to be paid in full by the due date, except where a dispute is notified in writing within 15 days of the invoice receipt.
In the event of a payment default, the Seller shall issue a written notice to the Buyer. The Buyer will then have a 30-day grace period to rectify the default. If the payment default is not resolved within the grace period, the Seller may initiate repossession or recovery of the equipment. This action will be conducted in a manner designed to minimize disruption to the Customer’s operations. The costs associated with repossession are capped at 5% of the outstanding balance and will be due within 45 days of the Seller’s notification to the Customer of the payment default.
A restocking fee of 5% applies to items returned unused and in their original packaging within 60 days of delivery. Returned items must be in a condition that allows for resale without additional refurbishment.
The Purchaser agrees to pay all reasonable expenses and attorney fees incurred by the Seller in connection with any repossession or sale of the property, or otherwise incurred due to the Buyer's default, as permitted by law. Time is of the essence in this agreement.The terms and conditions of this agreement are subject to the approval of Autolift Services, Inc., Los Alamitos, California. Purchaser understands thatseller is a manufacturers distributor and therefore all claims against the merchandise are covered under manufacturer’s warranty and/or terms and conditions of sale. This is a legal and binding agreement upon approval by Autolift Services. Credit Cards will incur a 4% additional charge to the total contract. 10764 Los Vaqueros Circle Contract
Los Alamitos, CA. 90720
Phone (714) 816-9890
State Contractor's License: #A-826743
DIR #1000011699
[email protected]
Estimate No: 6770
Date: 4/29/2024
CONTRACT SUBMITTED TO
JUAN CARRILLO
CITY OF REDONDO BEACH
531 N. GERTRUDA AVE
REDONDO BEACH, CA 90277
We hereby submit specifications and estimates for: Total 100. Once work has commenced per mutually agreed upon schedule, it is imperative Autolift Services is able to work continuously unless other arrangements have been made in writing. In the event work stoppages occur through no fault of Autolift Services, all extra travel and/or labor incurred will be billed as an itemized extra. Unscheduled return trips to complete the project due to any of the above listed exclusions and/or circumstances beyond our control will be billed as an extra. 105. Do to insurance regulations, no customers, homeowners, contractors, students, relatives, etc. are all allowed in the work/construction area at any time during the equipment installation and/or service of the equipment. The seller, Autolift Services, agrees to provide clear markings and signage to effectively delineate authorized work areas. Autolift Services will implement all required safety measures in compliance with applicable standards and will provide documentation of these measures to the customer upon request.
• Both parties agree to indemnify each other against claims resulting from negligence related to this agreement, excluding incidents of gross negligence or willful misconduct. This indemnity includes costs arising from personal injuries and property damage within designated work areas. The obligations to indemnify under this section are conditional upon:
o Autolift Services' compliance with all applicable safety regulations and standards; o Autolift Services implementing all necessary safety measures; and ensuring that all equipment and operational procedures are in compliance with current safety standards. • Insurance Coverage: Each party agrees to maintain comprehensive commercial insurance policies with coverage sufficient to fulfill their obligations under this agreement, protecting against claims related to bodily injury, property damage, and other potential liabilities.
106. All new equipment warranties shall be administered and authorized by the equipment manufacturer per published warranty.
Purchaser and/or owner agrees that Autolift Services makes no warranties on new equipment. Customer assumes all responsibility for equipment purchased directly from the factory. All unscheduled return trips to complete the project do to, but no limited to, missing parts, incorrect parts, damaged parts and/or equipment, etc. will be billed as an extra. Additionally, purchaser and/or owner agrees not to withhold any payment(s) due as part of this contract in the event any type of equipment warranty issue (new, used, rebuilt, etc.) regardless of cause and/or resolution of.
108. Installation assumes the existing concrete floor will sustain lift, weight of vehicle, and related seismic stresses. Autolift Services has not consulted a structural engineer or performed any engineering calculations. Customer/End User, their owners and employees assume all liability for the lift installation and agree to indemnify and hold harmless Autolift Services and its employees for any occurrences and/or litigation associated with this lift installation and/or use of. 111. Insurance Coverages: Autolift Services will provide insurance certificates with standard policy coverages (two million liability, one million auto) and state limits for workers comp. The insurance policies shall be endorsed to add the Customer as an additional insured during the term of this agreement. Any additional requirements over and above the standard policy coverages, i.e., additionally insured and/or additional limits and waivers of subrogation, will be billed as an extra Sales Tax. 112. Either party may terminate this agreement with 30 days' written notice if the other party breaches contract terms, fails to correct such breach within ten days of notification, or fails to perform as stipulated. Upon termination, financial obligations will be calculated based on completed work to satisfaction.
2,194.34
Payment: Net 30 of Customer’s receipt of the invoice Total $32,492.64 All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon accidents or delays beyond our control. Our workers are fully covered by Workmen's Comp. Insurance. Attorney's Fees: If any party to this contract resorts to legal action or arbitration to enforce any provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other relief to which it may be entitled. Upon full payment, the title to all equipment and materials supplied under this contract will transfer to the Customer. Autolift Services guarantees that all supplied materials are free of any encumbrance or liens at the time of delivery.
Payment terms shall be Net 30 days from the Customer’s receipt of the invoice. All invoices are to be paid in full by the due date, except where a dispute is notified in writing within 15 days of the invoice receipt.
In the event of a payment default, the Seller shall issue a written notice to the Buyer. The Buyer will then have a 30-day grace period to rectify the default. If the payment default is not resolved within the grace period, the Seller may initiate repossession or recovery of the equipment. This action will be conducted in a manner designed to minimize disruption to the Customer’s operations. The costs associated with repossession are capped at 5% of the outstanding balance and will be due within 45 days of the Seller’s notification to the Customer of the payment default.
A restocking fee of 5% applies to items returned unused and in their original packaging within 60 days of delivery. Returned items must be in a condition that allows for resale without additional refurbishment.
The Purchaser agrees to pay all reasonable expenses and attorney fees incurred by the Seller in connection with any repossession or sale of the property, or otherwise incurred due to the Buyer's default, as permitted by law. Time is of the essence in this agreement.The terms and conditions of this agreement are subject to the approval of Autolift Services, Inc., Los Alamitos, California.
Purchaser understands thatseller is a manufacturers distributor and therefore all claims against the merchandise are covered under manufacturer’s warranty and/or terms and conditions of sale. This is a legal and binding agreement upon approval by Autolift Services. Credit Cards will incur a 4% additional charge to the total contract.
SIGNATURES FOLLOW ON NEXT PAGE
10764 Los Vaqueros Circle Contract
Los Alamitos, CA. 90720
Phone (714) 816-9890
State Contractor's License: #A-826743
DIR #1000011699
[email protected]
Estimate No: 6770
Date: 4/29/2024
CONTRACT SUBMITTED TO
JUAN CARRILLO
CITY OF REDONDO BEACH
531 N. GERTRUDA AVE
REDONDO BEACH, CA 90277
IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 21st day of May, 2024.
CITY OF REDONDO BEACH, AUTOLIFT & EQUIPMENT SERVICE, INC., a chartered municipal corporation a California corporation
__________________________ By: _______________________
James A. Light, Mayor Name: Chris Woodson
Title: _______________________
APPROVED:
__________________________
Diane Strickfaden, Risk Manager
ATTEST:
__________________________
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
President
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
5/13/2024
Arthur J. Gallagher Risk Management Services, LLC
643 Westholme Ave
Los Angeles CA 90024
Ken Noden, CPCU 7149796543 818-539-2301 [email protected] License#: 0D69293 StarStone National Insurance Company 25496 AUTOSER-06 California Automobile Insurance Company 38342 Autolift Services Inc. DBA Autolift & Equipment Service, Inc. 10764 Los Vaqueros Cir
Los Alamitos CA 90720
Underwriters at Lloyd's, London 32727 783480194
A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X
Y PRL00088263P-00 2/1/2024 2/1/2025
2,000,000
B 1,000,000 XY BA040000029989 10/30/2023 10/30/2024
C Prof. & Poll. Liability B0621PAUTO013623 6/30/2023 6/30/2024 Each Claim Limit Aggregate Limit
$2,000,000
$2,000,000
CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED (GENERAL LIABILITY) PER ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION (BLANKET AS REQUIRED BY WRITTEN CONTRACT) CG20101219 AND PER ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS (BLANKET AS REQUIRED BY WRITTEN CONTRACT) CG20371219.
PRIMARY AND NONCONTRIBUTORY-OTHER INSURANCE CONDITION CG20011219. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) CG 24 04 12 19. CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED (AUTOMOBILE
LIABILITY) WITH PRIMARY AND NON-CONTRIBUTORY LANGUAGE AND WAIVER OF SUBROGATION WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT PER BUSINESS AUTO BROADENING ENDORSEMENT MCA85100817-CA.
Certificate holder is named additional insured with respect to the operations of the named insured.
The City of Redondo Beach
415 Diamond Street
Redondo Beach CA 90277
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.
MCA Includes copyrighted material of Insurance Services Office, Inc., with its Permission 85100817-CA Page 1 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Business Auto Broadening Endorsement
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS
III. AUTOMATIC ADDITIONAL INSURED
IV. EMPLOYEE HIRED AUTO LIABILITY
V. SUPPLEMENTARY PAYMENTS
VI. FELLOW EMPLOYEE COVERAGE
VII. ADDITIONAL TRANSPORTATION EXPENSE
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
X. LOAN/LEASE GAP COVERAGE
XI. GLASS REPAIR – DEDUCTIBLE WAIVER
XII. TWO OR MORE DEDUCTIBLES
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO – COVERAGE TERRITORY
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.
MCA Includes copyrighted material of Insurance Services Office, Inc., with its Permission 85100817-CA Page 2 of 6
BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity.
Coverage under this provision is afforded only until the end of the policy period.
Coverage does not apply to an “accident” which occurred before you acquired or formed the organization.
II. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
e. Any “employee” of yours is an "insured" while using a covered “auto" you don't own, hire or borrow in your business or your personal affairs.
III. AUTOMATIC ADDITIONAL INSURED
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II.
IV. EMPLOYEE HIRED AUTO LIABILITY
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.
V. SUPPLEMENTARY PAYMENTS
SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.
MCA Includes copyrighted material of Insurance Services Office, Inc., with its Permission 85100817-CA Page 3 of 6 VI. FELLOW EMPLOYEE COVERAGE:
SECTION II – LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers’ compensation insurance in-force covering all of your “employees”. Coverage is excess over any other collectible insurance.
VII. ADDITIONAL TRANSPORTATION EXPENSE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following:
We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy’s expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location.
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added:
c. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit:
(1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less
(2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to “loss” caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance.
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following:
This exclusion does not apply to the accidental discharge of an airbag.
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SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added:
4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered “auto,” less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and
b. Any:
(1) Overdue lease/loan payments at the time of the “loss”; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage.
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases.
The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of the actual cash value of that insured auto at the time of the loss.
XI. GLASS REPAIR – DEDUCTIBLE WAIVER
SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
XII. TWO OR MORE DEDUCTIBLES
SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
If two or more "company" policies or coverage forms apply to the same accident:
1. If the applicable Business Auto deductible is the smallest, it will be waived; or
2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or
3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived.
For the purpose of this endorsement "company” means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies.
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation.
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SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following:
5. Transfer Of Rights Of Recovery Against Others To Us
We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added:
Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.
This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.
XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
1. Any covered "auto" you lease, hire, rent or borrow; and
2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary:
e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
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SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following:
e. Anywhere in the world if:
(1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and
(2) The "insured’s" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to.
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V – DEFINITIONS, C. "Bodily Injury” is amended by adding the following:
"Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.