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HomeMy WebLinkAboutTerry's Body Shop & Auto Glass Inc; 2023-04-26; PSA23-2165FLTPSA23-2165FLT City Attorney Approved Version 12/28/2022 1 AGREEMENT FOR W1052 BODY WORK SERVICES TERRY'S AUTO BODY & PAINT THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and Terry's Body Shop & Auto Glass, Inc., a California corporation ("Contractor"). RECITALS A. City requires the services of a consultant that is experienced in body repair, suspension repair and paint. B. Contractor has the necessary experience in providing services and advice related to body repair, suspension repair and paint. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed twelve thousand dollars ($12,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 April 26th PSA23-2165FLT City Attorney Approved Version 12/28/2022 2 necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 PSA23-2165FLT City Attorney Approved Version 12/28/2022 3 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 PSA23-2165FLT City Attorney Approved Version 12/28/2022 4 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Esequiel Perez Name Corey Terry Title Public Works Supervisor Title Project Manager Department Public Works Address 1408 Mission Ave. City of Carlsbad Oceanside, CA 92058 Address 1635 Faraday Ave Phone No. 760-757-7550 Carlsbad, CA 92008 Email corey@terrysautobodyandpaint.c om Phone No. 442-339-2192 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 PSA23-2165FLT City Attorney Approved Version 12/28/2022 5 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering ninety (90) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 □ PSA23-2165FLT City Attorney Approved Version 12/28/2022 6 Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 PSA23-2165FLT City Attorney Approved Version 12/28/2022 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California TERRY'S BODY SHOP & AUTO GLASS, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Corey Terry, President & Secretary (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON BY: _____________________________ City Attorney DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 PSA23-2165FLT City Attorney Approved Version 12/28/2022 8 EXHIBIT “A” SCOPE OF SERVICES Contractor shall perform all body, frame, suspension and paint work as necessary to repair the vehicle to pre-accident working condition as estimated on the attached estimate dated February 13, 2023. All work shall be performed on a time and materials basis, as shown on the attached estimate, for an amount not to exceed $12,000.00. DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 TERRY'S AUTO BODY & PAINT Workfile ID: PartsShare: Federal ID: State ID: Resale Number: BAR: a46edab3 95-2562301 A007128-82 101-713055 ARD266471 1408 Mission Avenue, OCEANSIDE, CA 92058 Phone: (760) 757-7550 FAX: (760) 757-0971 Preliminary Estimate Customer: CITY OF CARLSBAD POLICE Written By: Corey Terry Insured: CITY OF CARLSBAD POLICE Policy #:Claim #: Type of Loss:Date of Loss:Days to Repair: 15 Point of Impact: Owner:Inspection Location:Insurance Company: CITY OF CARLSBAD POLICE TERRY'S AUTO BODY & PAINT (760) 931-2192 Cell 1408 Mission Avenue (760) 931-2192 Business OCEANSIDE, CA 92058-2635 Repair Facility (760) 757-7550 Day VEHICLE 2018 FORD F-150 XL Supercab w/6.5' Box 4D SHORT 6-3.3L Gasoline Port/Direct Injection white VIN: 1FTEX1CB6JKC15621 Interior Color:Mileage In:Vehicle Out: License:Exterior Color: white Mileage Out: State:Production Date:Condition:Job #: TRANSMISSION Intermittent Wipers SAFETY Cloth Seats Automatic Transmission Tilt Wheel Drivers Side Air Bag Bucket Seats POWER Telescopic Wheel Passenger Air Bag Reclining/Lounge Seats Power Steering Backup Camera Anti-Lock Brakes (4)WHEELS Power Brakes RADIO 4 Wheel Disc Brakes Styled Steel Wheels DECOR AM Radio Traction Control PAINT Dual Mirrors FM Radio Stability Control Clear Coat Paint Tinted Glass Stereo Front Side Impact Air Bags TRUCK CONVENIENCE Search/Seek Head/Curtain Air Bags Rear Step Bumper Air Conditioning Auxiliary Audio Connection SEATS 2/13/2023 10:15:56 AM 019523 Page 1 7c2pKX7c2pKX EXHIBIT "A" (cont'd)PSA23-2164FLTDocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 Preliminary Estimate Customer: CITY OF CARLSBAD POLICE 2018 FORD F-150 XL Supercab w/6.5' Box 4D SHORT 6-3.3L Gasoline Port/Direct Injection white Line Oper Description Part Number Qty Extended Price $ Labor Paint 1 #THIS IS A PRELIMINARY ESTIMATE ONLY 1 2 #- ALL PRICES SUBJECT TO CHANGE - 1 3 #ADDITIONAL ITEMS MAY BE REQUIRED FOR REPAIRS 1 4 #POSSIBLE HIDDEN DAMAGES 1 5 FRAME 6 #Rpr FRAME SET UP & MEASURE 2.5 F 7 CAB 8 *Rpr LT Aperture panel (ALU)4.0 1 4.5 9 Add for Clear Coat 1.8 10 R&I LT Lower molding 0.2 11 *Rpr LT Lower molding 1.0 0.7 12 R&I LT Roof molding 0.5 13 Repl LT Roof molding rivet W717984S417 2 5.50 14 #Subl R&I Back glass 1 250.00 X 15 PICK UP BOX 16 Repl LT Side panel w/o wheel opening molding (ALU) FL3Z9627841A 1 884.27 13.8 1 3.4 17 Overlap Major Adj. Panel -0.4 18 Add for Clear Coat 0.6 19 Repl LT Front extn (ALU)JL3Z9928261A 1 46.47 1.5 1 20 Repl LT Outer wheelhouse (ALU)FL3Z9927895A 1 131.08 1.4 1 0.5 21 Overlap Minor Panel -0.2 22 Add for Clear Coat 0.1 23 *Repl LT Rear extn (ALU)FL3Z9928261B 1 62.15 2.0 1 24 *Repl LT Panel extn (ALU)FL3Z9900375A 1 66.47 2.0 1 0.5 25 Overlap Minor Panel -0.2 26 *Add for Clear Coat 0.1 27 Repl LT Panel extn seal FL3Z25403B54A 1 46.80 Incl. 28 Repl Mount bolt W717000S901 8 64.00 29 Repl LT Upper molding FL3Z99291A41AA 1 78.77 0.5 30 Repl LT Stone guard FL3Z99292A23A 1 7.82 0.2 31 Repl LT Rear deflector FL3Z99292A23AA 1 19.38 0.3 32 Repl LT Rear deflector retainer W705589SS5YZ 3 4.89 33 Repl LT Front deflector FL3Z99292A23BA 1 6.05 0.2 34 #R&I Bed tool box 1.5 35 #R&I Bed rack 1.5 36 #Repl SPR & Blind rivets 1 150.00 37 #Repl Boding glue & Seamsealer 1 200.00 open R&I R&I box assy 2.2 39 Repl Mount bolt nut W719379S439 8 30.00 2/13/2023 10:15:56 AM 019523 Page 2 PSA23-2165FLT Exhibit "A" (Cont.) DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 Preliminary Estimate Customer: CITY OF CARLSBAD POLICE 2018 FORD F-150 XL Supercab w/6.5' Box 4D SHORT 6-3.3L Gasoline Port/Direct Injection white 40 FUEL SYSTEM 41 R&I R&I fuel tank m 1.9 M Note: For access to front spring bolt 42 REAR SUSPENSION 43 Repl LT Spring code FL34-E FL3Z5560D 1 560.00 m 1.5 44 Repl LT Shackle w/o heavy duty tow FL3Z5776A 1 48.33 45 Repl LT Front insulator bolt W709627S439 1 15.00 46 Repl LT Front insulator nut W714297S440 1 7.50 47 Repl LT U-bolt w/o 4WD 9L3Z5705B 1 27.33 48 Repl LT Shackle bolt W717604S439 1 7.00 49 Repl LT Bumper bolt W718177S439 1 7.00 50 Repl LT Shackle nut W520216S440 1 3.75 51 #Repl Tire. Per invoice 1 52 MISCELLANEOUS OPERATIONS 53 #Color sand and buff .5 per panel 1 5.00 0.5 54 **Repl A/M Cover Car for Ovrspray 1 18.00 X 0.5 55 #Subl Hazardous waste removal 1 5.00 X 56 **Repl A/M MASK JAMBS & OPENINGS 1 10.00 0.4 57 #Subl 4 WHEEL ALIGNMENT 1 99.95 58 #Blnd BLEND LEFT ROOF RAIL 0.7 59 #Rpr DISCONNECT BATTERY 0.3 60 #Rpr PRE-SCAN DIAGNOSTICS 0.5 M 61 #Rpr POST-SCAN DIAGNOSTICS 0.5 M 62 **Repl A/M CORROSION PROTECTION 1 10.00 0.3 SUBTOTALS 2,877.51 41.7 12.1 ESTIMATE TOTALS Category Basis Rate Cost $ Parts 2,604.51 Body Labor 11.6 hrs @ $ 82.00 /hr 951.20 Paint Labor 12.1 hrs @ $ 82.00 /hr 992.20 Mechanical Labor 2.9 hrs @ $ 159.00 /hr 461.10 Frame Labor 2.5 hrs @ $ 145.00 /hr 362.50 Aluminum 24.7 hrs @ $ 151.00 /hr 3,729.70 Paint Supplies 12.1 hrs @ $ 60.50 /hr 732.05 Miscellaneous 273.00 Subtotal 10,106.26 Sales Tax $ 3,336.56 @ 8.2500 % 275.27 Grand Total 10,381.53 MyPriceLink Estimate ID / Quote ID: 1054455624621891584 / 119008714 2/13/2023 10:15:56 AM 019523 Page 3 PSA23-2165FLT Exhibit "A" (Cont.) DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 Preliminary Estimate Customer: CITY OF CARLSBAD POLICE 2018 FORD F-150 XL Supercab w/6.5' Box 4D SHORT 6-3.3L Gasoline Port/Direct Injection white Auto Body Repair Consumer Bill of Rights A Consumer is entitled to: 1. Select the Auto Body Repair Shop to repair the auto body damage covered by the Insurance Company. An Insurance Company may not require the repairs to be done at a specific auto body repair shop. 2. An itemized written estimate for auto body repairs and, upon completion of repairs, a detailed invoice. The estimate and the invoice must include an itemized list of parts and labor along with the total price for the work performed. The estimate and invoice must also identify all parts as new, used, aftermarket, reconditioned, or rebuilt. 3. Be informed about coverage for towing services. Unless the Insurance Company has provided an insured with the name of a specific towing company prior to the insured's use of another towing company, the Insurance Company must pay all reasonable towing charges of the towing company used by the insured. 4. Be informed about the extent of coverage, if any, for a replacement rental vehicle while a damaged vehicle is being repaired. 5. Be informed of where to report suspected fraud or other complaints and concerns about auto body repairs. Complaints within the jurisdiction of the Bureau of Automotive Repair. 2/13/2023 10:15:56 AM 019523 Page 4 PSA23-2165FLT Exhibit "A" (Cont.)DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 Preliminary Estimate Customer: CITY OF CARLSBAD POLICE 2018 FORD F-150 XL Supercab w/6.5' Box 4D SHORT 6-3.3L Gasoline Port/Direct Injection white Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless otherwise noted, (a) all items are derived from the Guide DR2MA15, CCC Data Date 02/08/2023, and potentially other third party sources of data; and (b) the parts presented are OEM-parts. OEM parts are manufactured by or for the vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data provided by third party sources of data may have been modified or may have come from an alternate data source. Tilde sign (~) items indicate MOTOR Not-Included Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non-Original Equipment Manufacturer aftermarket parts are described as Non OEM, A/M or NAGS. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries. Some 2023 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE estimator has a list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced: SYMBOLS FOLLOWING PART PRICE: m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category. X=Miscellaneous Non-Taxed charge category. SYMBOLS FOLLOWING LABOR: D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category. M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories. OTHER SYMBOLS AND ABBREVIATIONS: Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Blnd=Blend. BOR=Boron steel. CAPA=Certified Automotive Parts Association. D&R=Disconnect and Reconnect. HSS=High Strength Steel. HYD=Hydroformed Steel. Incl.=Included. LKQ=Like Kind and Quality. LT=Left. MAG=Magnesium. Non-Adj.=Non Adjacent. NSF=NSF International Certified Part. O/H=Overhaul. Qty=Quantity. Refn=Refinish. Repl=Replace. R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel. Sect=Section. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line. CCC ONE Estimating - A product of CCC Intelligent Services Inc. The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE: BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 2/13/2023 10:15:56 AM 019523 Page 5 PSA23-2165FLT Exhibit "A" (Cont.)DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 4/19/2023 (951)784-0311 FAX: (951)784-5433 Canyon Crest Insurance Service, Inc. License # 0D51775 5051 Canyon Crest Dr. #104 Riverside CA 92507 Terry's Body Shop & Auto Glass Inc DBA: Terry's Auto Body & Paint 1408 Mission Ave. Oceanside CA 92058-2635 Employers Mutual Casualty Co 21415 A X xx x 2,000,000 300,000 4X91293 3/21/2023 3/21/2024 5,000 2,000,000 4,000,000 4,000,000 A X x x x 1,000,000 4X91293 3/21/2023 3/21/2024 A x 2,000,000 4X91293 3/21/2023 3/21/2024 2,000,000 4,000,000 GARAGEKEEPERS LIMIT $250,000 A LIABILITY - DIRECT 4X91293 3/21/2023 3/21/2024 COMPREHENSIVE DED $250/$1,000 PRIMARY COLLISION DED $500 Certificate Holder is Recognized As Additional Insured As Their Interest May Appear. A 30 day notice of cancellaiton applies. Re: All Projects 30 CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE SERVICES P O BOX 947 MURRIETA, CA 92564 Linda Meinzer/LB CERTIFICATE HOLDER 1988-2009 ACORD CORPORATION. All rights reserved.ACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CANCELLATION The ACORD name and logo are registered marks of ACORD INSURED NAIC # INSURER E: INSURER D: INSURER C: INSURER B: INSURER A: INSURERS AFFORDING COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER OTHER LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTION DEDUCTIBLE CLAIMS MADEOCCUR EXCESS / UMBRELLA LIABILITY $ $ $ AGGREGATE $ EACH OCCURRENCE $ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DING 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 SUCHPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVEDATE (MM/DD/YYYY) POLICY EXPIRATIONDATE (MM/DD/YYYY) LIMITSADD'LINSRD AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE(Per accident)$ COMBINED SINGLE LIMIT(Ea accident)$ BODILY INJURY(Per accident)$ BODILY INJURY(Per person)$ ANY AUTO GARAGE LIABILITY OTHER THANAUTO ONLY: EA ACC AGG $ $ AUTO ONLY - EA ACCIDENT $ WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underSPECIAL PROVISIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE INS025 (200901).01 DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36,,----, I ACORD® ~ I L-- I □ ~ L-- 17 n n ~ L-- ~ L-- ~ L-- ~ R tJ □ R I I I □ © BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION – VICARIOUS LIABILITY – PRIMARY AND NONCONTRIBUTORY BP7230(11-06) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE* Name of Person or Organization: Project: Location of Project *If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A.Paragraph C. – WHO IS AN INSURED in Section II – Liability is amended to include as an additional insured the person or organization shown in the Schedule, subject to the following provisions: 1.This insurance applies only to the extent that you are held liable for your ongoing operations performed for the additional insured shown in the Schedule. 2.This insurance does not apply to any "bodily injury" or "property damage" resulting from any act or omission by, or willful misconduct of the additional insured shown in the Schedule, whether the sole or contributing cause of the loss. The coverage afforded to the additional insured is limited solely to the additional insured's "vicarious liability" that is a specific and direct result of your conduct. 3.The insurance provided to the person or organization shown in the schedule is Primary Insurance and we will not seek contribution from any other insurance available to that additional insured. B.With respect to the insurance afforded to this additional insured, the following exclusion is added to Paragraph B. Exclusions: This insurance does not apply to "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 site 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. C."Vicarious liability" as used in this endorsement means liability that is imposed on the additional insured solely by virtue of its relationship with you, and not due to any act or omission of the additional insured. DocuSign Envelope ID: 548E09C0-AEF8-45A2-A3FC-4333F0DB5F36 Policy #4X9-12-93 THE CITY OF CARLSBAD/CMWD ALL PROJECTS WITH THE CITY 1408 MISSION AVE., OCEANSIDE, CA 92058