HomeMy WebLinkAboutPleasant Line Corporation; 2021-01-12; PWLCA-1919PUBLIC ART:
FABRICATION OF OVERSIZED BEACH CHAIRS Page 1 of 8 City Attorney Approved 1/22/2020
Debbie Jo McCool Debbie Jo McCool Tonya Rodzach Richard Schultz Suzanne Smithson
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Tracking #: PW-LCA-1919
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
FABRICATION OF PUBLIC ARTWORK, OVERSIZE BEACH CHAIRS
PLEASANT LINE CORPORATION
Ed Garbo, Risk Manager
This agreement is made on the 12th day of January , 2021, by the City of
Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Pleasant Line Corporation,
whose principal place of business is a California Corporation, (hereinafter called "Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the
project described by these Contract Documents (hereinafter called "Project").
PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents unless excepted
elsewhere in this Contract.
CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract,
Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans
and Specifications, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict,
this Contract will supersede terms and conditions in the Contractor’s proposal.
LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad
Ordinances governing labor.
GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project
in accordance with directions and subject to inspection approval and acceptance by: Cultural Arts Manager
or designee.
PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203.
WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute
the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770,
1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the
applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said
specified prevailing rates of wages to all workers employed by him or her in execution of the Contract.
Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code
and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act."
The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract
for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which
generally requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section 1776.
DocuSign Envelope ID: 036B0673-96A4-49B1-B9C9-21A0A4AF7E69
PUBLIC ART:
FABRICATION OF OVERSIZED BEACH CHAIRS Page 2 of 8 City Attorney Approved 1/22/2020
Tracking #: PW-LCA-1919
FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted
as part of the contract process as set forth in this agreement and not in anticipation of litigation or in
conjunction with litigation.
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act,
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 the information.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining
to false claims are incorporated herein by reference.
Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the contractor may be prevented from further bidding on
public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding.
Signature:
Print Name: Michael D. Stutz, CEO & CFO
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification
of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’
Compensation Insurance indicating coverage in a form approved by the California Insurance Commission.
The certificates shall indicate coverage during the period of the contract and must be furnished to the City
prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted
insurers that 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.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than… $1,000,000
Subject to the same limit for each person on account of one accident in an amount not less than
….…$1,000,000
Property damage insurance in an amount of not less than… ..... $1,000,000
Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of
the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-
scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be
limited in any manner.
The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall
be given to the City prior to such cancellation.
The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named
insured shall also be available and applicable to the City as an additional insured.
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.
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of
every kind, nature and description, directly or indirectly arising from or in connection with the performance
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PUBLIC ART:
FABRICATION OF OVERSIZED BEACH CHAIRS Page 3 of 8 City Attorney Approved 1/22/2020
Tracking #: PW-LCA-1919
of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable
law, rules or regulations including those related to safety and health; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the
nature of the work covered by the Contract, except for loss or damage caused by the sole or active
negligence or willful misconduct of the City. The expenses of defense include all costs and expenses
including attorneys’ fees for litigation, arbitration, or other dispute resolution method.
JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
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DocuSign Envelope ID: 036B0673-96A4-49B1-B9C9-21A0A4AF7E69
FABRICATION OF OVERSIZED BEACH CHAIRS Page 4 of 8 City Attorney Approved 1/22/2020
Audra Mahoney Audra Mahoney
Tracking #: PW-LCA-1919
Start Work: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within ninety (90) working days after receipt of Notice to
Proceed.
CONTRACTOR’S INFORMATION.
Pleasant Line Corporation 1850 Camino Rainbow
(name of Contractor) (street address)
Fallbrook, CA 92028
(Contractor’s license number) (city/state/zip)
858-775-3607
(license class. and exp. date) (telephone no.)
(DIR registration number) (fax no.)
Mdstutz@gmail.com
(DIR registration exp. date) (e-mail address)
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
(sign here)
Michael D. Stutz, CEO & CFO
(print name/title)
SUZANNE SMITHSON,
Library & Cultural Arts Director
as Authorized by the City Manager
By:
(sign here) For BARBARA ENGLESON
City Clerk
(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,
President, or
Vice-President
Secretary,
Assistant Secretary,
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:
For CELIA A. BREWER, City Attorney
BY:
Deputy/Assistant City Attorney
PUBLIC ART:
By: By:
ATTEST:
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PUBLIC ART:
FABRICATION OF OVERSIZED BEACH CHAIRS Page 5 of 8 City Attorney Approved 1/22/2020
Tracking #: PW-LCA-1919
EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each sub-contractor whom the
Contractor proposes to subcontract portions of the Project more than one-half of one percent of the total
bid, and the portion of the Project which will be done by each sub-contractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project
to be performed under the contract in excess of one-half of one percent of the bid, the contractor
shall be deemed to have agreed to perform such portion, and that the Contractor shall not be
permitted to sublet or subcontract that portion of the work, except in cases of public emergency or
necessity, and then only after a finding, reduced in writing as a public record of the Awarding
Authority, setting forth the facts constituting the emergency or necessity in accordance with the
provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the
California Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to
be Subcontracted
Business Name and Address DIR Registration
No.
License No.,
Classification &
Expiration Date
% of
Total
Contract
NONE
Total % Subcontracted: _0_
The Contractor must perform no less than fifty percent (50%) of the work with its own forces.
DocuSign Envelope ID: 036B0673-96A4-49B1-B9C9-21A0A4AF7E69
PUBLIC ART:
FABRICATION OF OVERSIZED BEACH CHAIRS Page 6 of 8 City Attorney Approved 1/22/2020
Tracking #: PW-LCA-1919
EXHIBIT B
The City is requesting Contractor to fabricate two (2) additional oversized beach chairs (Chairs)
measuring 4’d x 4’w x 6’h, based on an approved 2018 Chair design, and the 2019 fabricated prototype
chair.
Background History
The City has two previous agreements with the Contractor to design and fabricate the Chair prototype.
On March 21, 2018, the Contractor entered into an agreement for the use of the artistic prototype design,
which included chair construction and installation details. On March 4, 2019, the Contractor entered into
an agreement to fabricate one (1) oversized beach chair from the previously approved 2018 design. The
Contractor has experience and knowledge of City safety and structural requirements to meet fabrication
standards. The initial prototype was vetted by a structural engineer and the City’s public works
engineering staff.
Scope of Work Description
The Contractor will use the pre-existing design to fabricate these two (2) Chairs based on the original
Chair prototype design commissioned by the city’s Cultural Arts Office and then design specs completed
and submitted to the city as mentioned in the 2018 and 2019 agreements. The two (2) Chairs will be
fabricated using the same prototype model that was previously assessed by a structural engineer and the
City’s public works engineering staff. The two (2) Chairs need to adhere to the safety and structural
standards previously established. The Contractor shall, to the best of his ability, fabricate, assemble and
prepare the Chair’s surface for an acrylic paint application. The Contractor will provide a detailed
instruction for care and maintenance of the Chairs.
Chair Illustrations
Contractor provided design details of the original Chair prototype to the City in June 2018. Below are
Illustrations presented.
.
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PUBLIC ART:
FABRICATION OF OVERSIZED BEACH CHAIRS Page 7 of 8 City Attorney Approved 1/22/2020
Tracking #: PW-LCA-1919
Chair Materials
Marine grade 3/4” plywood, screws, sand paper, roller, etc.
The Chairs’ materials should consist of materials recommended by the Contractor, any variations to the
Chairs’ materials or the fabrication should be discussed and preapproved in writing by the City’s Cultural
Arts Manager or designee. Contractor shall perform all services and furnish all supplies necessary to
fabricate the Chairs and conform to the safety and structural requirements.
Chair Fabrication Materials
Contractor represents and warrants that the materials used for fabrication of the Chairs are not currently
known by Contractor to be harmful to public health and safety.
Chair Fabrication
Fabricate the two (2) Chairs based on schematic of the prototype design, which will be prepped to be
painted with acrylic paints by other contracted artists. Contractor agrees to complete work within ninety
(90) working days after receipt of Notice to Proceed.
Chair Maintenance
The Contractor will provide a detailed instruction for care and maintenance of the Chairs in writing to the
City. This should include types of cleaning supplies that will not damage the integrity of the fabrication of
the Chairs.
Chair Weight Capacity
Each Chair must be able to hold two (2) adult individuals with a total weight capacity of 500 lbs.
Chair Anchoring
Each Chair must be constructed made ready to be easily and securely anchored to a base.
Chair Delivery
The Contractor shall notify the City’s Cultural Arts Manager or designee in writing via email when the
fabrication of the two (2) Chairs are complete and ready for delivery. In coordination with the City’s
Cultural Arts Manager or designee, the Contractor will deliver the Chairs to the two identified artists. Upon
receiving Contractor’s delivery of fabricated Chairs, the City will inspect the Chairs prior to the artist’s
beginning their work onsite at each artist’s locations, within 50 miles of Contractor. The City will make
sure the fabrication of the Chairs conforms with the approved design, safety and fabrication standard
specifications.
Proposed Schedule
Date Activity
Early-March 2021 • Finalize contract
• Contractor agrees to complete work within ninety (90) working days
after receipt of Notice to Proceed
Mid-March 2021 Begin fabrications of two (2) Chairs
Late-May 2021 • Finalize fabrication of two (2) Chairs
• Notify City’s Cultural Arts Manager or designee in writing via email • Deliver the two Chairs to the two identified artists
By May 31, 2021 City to review fabrication.
DocuSign Envelope ID: 036B0673-96A4-49B1-B9C9-21A0A4AF7E69
PUBLIC ART:
FABRICATION OF OVERSIZED BEACH CHAIRS Page 8 of 8 City Attorney Approved 1/22/2020
Tracking #: PW-LCA-1919
Chair Warranty
Warranty of quality and condition. Contractor represents and warrants that: “The fabrication of the Chairs
will be preformed in a workman-like manner and meet the required City design, safety and structural
requirements that were previously identified with the creation of the prototype.”
The Chairs, as fabricated, will be free of defects in materials and workmanship, including any defect
consisting of “inherent vices” or qualities which cause or accelerate deterioration of the Chairs, and
barring any unusual conditions outside of normal use, shall be warranted for one (1) year after the date of
final written acceptance by the City.
Health & Safety
During the COVID-19 health-related pandemic, all activities occurring at City facilities, all Parties must
adhere to the guidance from the state, county, and local authorities on health and safety protocols. City
staff will inform Contractor what the current guidelines are prior to their arrival and entering any City
facility. Safety protocols may include, but are not limited to, hand washing, temperature testing, requiring
face covering, maintaining physical distancing of six feet. The safety protocols may be modified at any
time due to changing rules, regulations, or circumstances.
JOB QUOTATION
ITEM
NO.
UNIT QTY DESCRIPTION UNIT
PRICE
TOTAL
PRICE
1. 1 ea. 2 Build oversized beach Chair(s.)
(Price quote is all-inclusive: Contractor
purchasing all materials, water jet cutting,
along with the labor of constructing the
Chair(s) and for includes a one-year warranty
for each chair.)
$5,000 $10,000
TOTAL* $10,000
*Includes taxes, fee’s, expenses and all other costs.
Payment Schedule
1. An amount of $5,000 (50% of total agreement cost) will be paid upon the Agreement's execution.
2. An amount of $3,000 (30% of total agreement cost) will be paid upon completion of both Chairs and
delivered to the designated Artist, as defined by Cultural Arts Manager or designee.
3. An amount of $2,000 (20% of total agreement cost) will be paid upon the City's acceptance of both
Chairs and will begin the Chairs' warranty.
All costs will be paid as specified above. Contractor's invoice will be submitted for payment to the City of
Carlsbad's Cultural Arts Manager or designee, upon completion of work. All invoices shall be detailed to
include related activities. Final invoice approval will be completed by the Library & Cultural Arts Director or
designee.
DocuSign Envelope ID: 036B0673-96A4-49B1-B9C9-21A0A4AF7E69
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LIENHOLDER NOTIFICATION
NOTICE OF CHANGE IN POLICY TERMS: The Loss Payable Clause Endorsement providing coverage to lienholders
has been revised. The revised Loss Payable Clause Endorsement for Assigned Risk Policies remains unchanged.
Assigned Risk Policy numbers start with the following digits: 9 or 08. Please go to partners.geico.com to view a copy of
the revised endorsement or request that a copy be sent to you. You may also contact us at 1-877-347-3281 to request a
copy of the revised endorsement. We are open Monday through Friday 8:30 a.m. to 6:30 p.m. EST.
CITY OF CARLSBAD
CULTURAL ARTS OFFICE
1775 DOVE LN
CARLSBAD CA 92011
GEICO
ATTN: LIENHOLDER DEPARTMENT
P.O. Box 9094
Macon, GA 31208-9094
1-877-347-3281
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POLICY NUMBER: 0759461908 RENEWAL EFF: 12/16/20 (12:01 A.M.
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LOSS PAY EE :
CITY OF CARLSBAD CULTURAL ARTS OFFICE 1775 DOVE LN
CARLSBAD CA 92011
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