2024-27 McGrath Metal - Monuments Fabrication ServicesMEMORANDUM
DATE: 10/10/2024
TO: Jon McMillen, City Manager
FROM: Michael Calderon, Community Resources Analyst
RE: McGrath Metal - Metal Fabrication Services
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CALIFORNIA -
Please list the Contracting Party / Vendor Name, any change orders or amendments, and the type of services to be provided. Make
sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
❑ Approved by City Council on
❑✓ City Manager's signing authority provided under the City's Purchasing & Contracting Policy
[Resolution No. 2023-008] for budget expenditures of $50,000 or less.
❑ City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for
temporary employment positions.
❑ Department Director's or Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less.
Procurement Method (one must anal
❑ Bid ❑ RFP ❑ RFQ ❑ 3 written informal bids
❑ Sole Source ❑✓ Select Source ❑ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
0 Agreement payment will be charged to Account No.: 101-3003-60149
❑✓ Agreement term: Start Date October 10, 2024
Amount of Agreement, Amendment, Change Order, etc
End Date
$ 30,000
June 30, 2027
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual
Amendments or Change Orders!
NOTE:
I
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Oscar Mojica Date: 10/11/2024
Bonds (originais) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant
FPPC regulation 18701(2)
Business License No.
Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
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GEM of the DESERT
CITY OF LA QUINTA
SHORT -FORM SERVICES AGREEMENT
1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of August, 2024,
("Effective Date") by and between the City of La Quinta, a Municipal Corporation and Charter City
organized under the Constitution and laws of the State of California with its principal place of business at
78495 Calle Tampico, La Quinta, CA ("City") and McGrath Metal Manufacturing, a California Limited
Liability Corporation with its principal place of business at 45090 Golf Parkway, Indio, California 92201
("Vendor"). City and Vendor are sometimes individually referred to as "Party" and collectively as "Parties"
in this Agreement.
2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached
Exhibit "A."
3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the
date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit "B."
4. TERM. The term of this Agreement shall be from August 1, 2024, to June 30, 2027, unless earlier
terminated as set forth in the attached Terms and Conditions.
5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement
at the rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's compensation
exceed Thirty Thousand Dollars ($30,000) during the Term of this Agreement without written amendment.
6. FORCE MAJEURE. The time period specified for performance of the services rendered pursuant to
this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Vendor including, but not restricted to, acts of God or of the public
enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts
of any governmental agency other than City, and unusually severe weather, if Vendor shall within ten (10)
days of the commencement of such delay notify the City in writing of the causes of the delay. The City
shall ascertain the facts and the extent of delay and extend the time for performing the Services for the
period of the forced delay when and if in their judgment such delay is justified, and the City's determination
shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for
performance of services, which are determined by the City to be justified pursuant to this Section, shall not
entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing.
7. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed
to be an original, and such counterparts shall constitute one and the same instrument.
8. INSURANCE. In accordance with Section 4 of Exhibit 'A" Vendor shall, at its expense, procure and
maintain for the duration of the Agreement such insurance policies as checked below and provide proof of
such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General
Liability Insurance that name Additional Insureds as follows: The City of La Quinta, its officers,
officials, employees and agents.
Commercial General Liability Insurance:
® $1,000,000 per occurrence/$2,000,000 aggregate OR
❑ $2,000,000 per occurrence/$4,000,000 aggregate
® Additional Insured Endorsement naming City of La Quinta
® Primary and Non -Contributory Endorsement
Automobile Liability:
® $1,000,000 combined single limit for bodily injury and property damage
❑ Auto Liability Additional Insured
Workers' Compensation:
® Statutory Limits / Employer's Liability $1,000,000 per accident or disease
® Workers' Compensation Endorsement with Waiver of Subrogation
Professional Liability (Errors and Omissions):
❑ Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim
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IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the
day and year first above written.
CITY OF LA QUINTA
a California Municipal Corporation,
and Charter City
JO ILLEN
City Manager
ATTEST:
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MONIKA RADEVA, ty Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
PIIAN SYSTEMS INC. DBA MCGRATH
METAL MANUFACTURING
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Owner/
EXHIBIT "A"
TERMS AND CONDITIONS
1. Compensation. Vendor shall be paid on a time and
materials or lump sum basis, as may be set forth in
Exhibit "C", within 30 days of completion of the Work
and approval by the City.
2. Compliance with Law. Vendor shall comply with all
applicable laws and regulations of the federal, state
and local government. Vendor shall assist the City, as
requested, in obtaining and maintaining all permits
required of Vendor by Federal, State and local
regulatory agencies. Vendor is responsible for all costs
of clean up and/or removal of hazardous and toxic
substances spilled as a result of his or her Work. In
explanation of the forgoing and not by way of limitation,
Vendor shall comply with any Federal, State, and local
laws, regulations, orders, and guidelines related to the
work provided by the Vendor during the COVID-19
state of emergency declared by the Governor of
California and City of La Quinta. Such Federal, State,
and local laws, regulations, orders, and guidelines
include but are not limited to: Executive Orders from
the Governor of California and orders and guidance
issued from the California Department of Public Health
(DPH); Orders from the Riverside County Public Health
Officer; and Emergency Resolutions and Executive
Orders from the City Council and City Manager,
respectively, for the City of La Quinta.
3. Standard of Care. The Vendor shall perform the
Work in accordance with generally accepted
professional practices and principles and in a manner
consistent with the level of care and skill ordinarily
exercised by members of the profession practicing
under similar conditions.
4. Insurance. The Vendor shall take out and maintain,
during the performance of all work under this
Agreement: A. Commercial General Liability Insurance
in the amounts specified in Section 8 of the Agreement
for bodily injury, personal injury and property damage,
at least as broad as Insurance Services Office
Commercial General Liability coverage (Occurrence
Form CG 0001), and if no amount is selected in Section
8 of the Agreement, the amounts shall be $1,000,000
per occurrence/$2,000,000 aggregate; B. Automobile
Liability Insurance for bodily injury and property
damage including coverage for owned, non -owned and
hired vehicles, of at least $1,000,000 per accident for
bodily injury and property damage, at least as broad as
Insurance Services Office Form Number CA 0001 (ed.
6/92) covering automobile liability, Code 1 (any auto);
C. Workers' Compensation in compliance with
applicable statutory requirements and Employer's
Liability Coverage of at least $1,000,000 per accident
or disease. Vendor shall also submit to City a waiver of
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subrogation endorsement in favor of city, and D.
Professional Liability (Errors and Omissions) coverage,
if checked in section 6 of the Agreement, with a limit
not less than $1,000,000 per claim and which shall be
endorsed to include contractual liability. Insurance
carriers shall be authorized by the Department of
Insurance, State of California, to do business in
California and maintain an agent for process within the
state. Such insurance carrier shall have not less than
an "A"; "Class VII" according to the latest Best Key
Rating unless otherwise approved by the City.
4.1 Pass Through Clause. Vendor agrees to ensure
that its sub -consultants, sub -contractors, and any other
party involved with the project who is brought onto or
involved in the project by Vendor, provide the same
minimum insurance coverage and endorsements
required of Vendor. Vendor agrees to monitor and
review all such coverage and assumes all
responsibility for ensuring that such coverage is
provided in conformity with the requirements of this
section. Vendor agrees that upon request, all
agreements with consultants, subcontractors, and
others engaged in the project will be submitted to
Agency for review.
5. Indemnification. The Vendor shall indemnify and
hold harmless the City, its Council, members of the
Council, agents and employees of the City, against any
and all claims, liabilities, (including liability related to
exposure to communicable diseases, illnesses, or
viruses), expenses or damages, including responsible
attorneys' fees, for injury or death of any person, or
damage to property, or interference with use of
property, or any claim of the Vendor or subcontractor
for wages or benefits which arise in connection with the
performance of this Agreement, except to the extent
caused or resulting from the active negligence or willful
misconduct of the City, its Council, members of the
Council, agents and employees of the City. The
foregoing indemnity includes, but is not limited to, the
cost of prosecuting or defending such action with legal
counsel acceptable to the City and the City's attorneys'
fees incurred in such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or
enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County
of Riverside, State of California.
7. Termination. The City may terminate the services
procured under this Agreement by giving 10 calendar
days written notice to Vendor. In such event, the City
shall be immediately given title and possession to any
original field notes, drawings and specifications, written
reports and other documents produced or developed
for the services. The City shall pay Vendor the
reasonable value of services completed prior to
termination. The City shall not be liable for any costs
other than the charges or portions thereof which are
specified herein. Vendor shall not be entitled to
payment for unperformed services, and shall not be
entitled to damages or compensation for termination of
work. Vendor may terminate its obligation to provide
services under this Agreement upon 30 calendar days'
written notice to the City only in the event of City's
failure to perform in accordance with the terms of this
Agreement through no fault of Vendor.
8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to anyone other
than the City and the Vendor. The unenforceability,
invalidity or illegality of any provision(s) of this
Agreement shall not render the other provisions
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unenforceable, invalid or illegal. Notice may be given
or delivered by depositing the same in any United
States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to the parties
to the addresses set forth in the Agreement. Vendor
shall not assign, sublet, or transfer this Agreement or
any rights under or interest in this Agreement without
the written consent of the City, which may be withheld
for any reason. Vendor is retained as an independent
contractor and is not an employee of the City. No
employee or agent of Vendor shall become an
employee of the City. The individuals signing this
Agreement represent that they have the authority to
sign on behalf of the parties and bind the parties to this
Agreement. This is an integrated Agreement
representing the entire understanding of the parties as
to those matters contained herein, and supersedes and
cancels any prior oral or written understanding or
representations with respect to matters covered
hereunder. This Agreement may not be modified or
altered except in writing signed by both parties hereto.
EXHIBIT "B"
SCOPE AND SCHEDULE OF SERVICES
Vendor will provide metal manufacturing services for the City's Community Awards
Acknowledgement Monument and Two (2) Veterans Acknowledgement Monuments,
depicted in Attachments 1, 2, 3, and 4 to this Exhibit B. Services shall include:
Community Award Acknowledgement Monument (Attachment 1)
Pillar of the Community Mountain Range
• Vendor will engrave the year, first, and last names of up to one hundred (100) Pillar
of the Community award recipients on the center "Pillar of the Community
Mountain Range" as identified in Attachment 1.
• "Pillar of the Community Mountain Range" is currently equipped with two (2)
removal panels (Attachment 1, Panels 1 and 2). If these panels do not provide
enough room to engrave the Pillar of the Community award recipient names,
Vendor will fabricate new panels (Panel 3 and Panel 4), engrave the remaining
names, and drill/tap the panels so they can be adhered to the existing monument.
• Nominations for Community Award recipients are accepted year-round. Vendor
will engrave names of new Community Award recipients throughout the year. City
does not anticipate number of new Community Award honorees to exceed fifteen
(15) per fiscal year.
Distinguished Artists and Athletes Mountain Range (Attachment 2)
• Vendor will engrave the year, first, and last names of twenty-four (24)
Distinguished Athletes and seventeen (17) Distinguished Artists on the
"Distinguished Artists and Athletes Mountain Range" (Attachment 2). Vendor will
fabricate two (2) new panels (Attachment 2, panels 3 and 4), engrave the names,
and drill/tap the panels so they can be adhered to the existing monument.
Replacement Panels (Attachment 3)
• Vendor will fabricate a new, blank panel for the "Eastward Mountain Range" and
"Westward Mountain Range" (Attachment 3). New panel must match the shape
and size of the existing panel.
Veterans Acknowledgement Monuments (East and West) (Attachment 4)
• Vendor will fabricate twenty-eight (28) new panels and engrave the names, ranks,
and dates of service of up to three hundred seventy five (375) La Quinta Veterans.
City will replace these panels throughout the next three (3) fiscal years. City will
contact Vendor and identify which panels are to be replaced.
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• In November of each calendar year, the City recognizes up to 30 new Veterans by
engraving their names, ranks, and dates of service on the Veterans
Acknowledgement Monument panels. Vendor will engrave new honoree names on
panels identified by the City. City will provide a list of names to the Vendor in
October and new names must be engraved by November 11 of each calendar
year.
Additional Requirements
• All engravings must be consistent in font, size, and spacing.
• It is the Vendor's responsibility to capture accurate measurements of each panel
prior to engraving.
• Vendor will provide mock-ups to the City for approval prior to panel fabrication.
• Vendor is responsible for removal, transportation, and installation of each panel.
City will spread out metal work over the course of fiscal years 2024/25, 2025/26,
and 2026/27. *Proposed Project Schedule:
Fiscal Year 2024/25:
• Complete work on Community Awards Acknowledgement Monument
• Engrave new Community Award recipient names as needed
• Engrave new Veteran honoree names as needed
Fiscal Year 2025/26:
• Engrave new Community Award recipient names as needed
• Engrave new Veteran honoree names as needed
Fiscal Year 2026/27:
• Engrave new Community Award recipient names as needed
• Engrave new Veteran honoree names as needed
*Project schedule subject to change based on the need and direction from City.
Additional Services (as needed)
Vendor shall perform services in addition to those specified in the Scope of Services above such
as unanticipated need for repairs, additional engravings, etc. ("Additional Services") only when
directed to do so by the City, and shall receive additional compensation, mutually agreed upon
by the Parties, and approved by the City prior to commencement of work.
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Distinguished Artists and Athletes Mountain Range
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ATTACHMENT 2
1%
WestwardA.
1%
Veterans Monument West (Coast Guard, Navy, and Marines)
Veterans Monument East (Air Force, Army, National Guard, Space Force)
ATTACHMENT 4
EXHIBIT "C
COMPENSATION FOR SERVICES
Vendor will be compensated for the Scope of Services detailed in Exhibit B at the rates
listed in "McGrath Metal — Quotation" dated July 12, 2024, included hereto as
Attachment 5, and incorporated herewith by this reference.
Vendor shall be compensated for Additional Services at rates mutually agreed upon by
the Parties, and approved by the City prior to commencement of work.
Total Vendor compensation shall not exceed Thirty Thousand Dollars ($30,000) during
the Term of this Agreement without written amendment.
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McGrath Metal - Quotation ATTACHMENT 5
We Have The Technology - 12, 000 SF State Of The Art Facility -Right Here In The Coachella Valley -Est 1995
Supplying All Metal Alloys: Sheet, Plate, Tube, Pipe - Mild Steel, Stainless Steel, Aluminum
Metal Cutting and Bending: CNC Laser Sheet & Plate Cutting, Laser Tube & Pipe Cutting, Waterjet Cutting, Oxy Fuel Cutting, Pressbrake Forming, Roll Forming
Welding and Precision Fabrication: MIG & TIG Welding - Sheetmetal & General Fabrication
Metal Engraving and Marking: 3D Galvo Laser - Instrumentation Covers, Tags, Serial Numbering, Part Numbering & Tool Marking
Metal Machining Service: CNC Milling, Drilling, Tapping and Lathe Work
In -House Design: AutoCAD, TurboCAD, SolidWorks & Adobe Illustrator
45090 Golf Center Parkway, Indio, CA 92201 Tel: 760-895-2578 Email: orders@mcgrathmetal.com Web: www.mcgrathmetal.com
Quote to:
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Thank you for the opportunity to provide this quotation.
Your order will be processed with rigerous attention to detail, precision and care.
Any changes to quantity, size, specification or scope of work may require a new quotation.
If you have questions about any aspect of this quotation, please call us.
Quote Number
8495
Quote Date:
Jul 12, 2024
Quote Reference
Extension
Valid For:
10 Days
Payment Terms:
Prepaid
Ship Method
UPS Ground
FOB
Indio, CA
Customer ID
CITYOFLAQUINTA
Page:
1
Quantity
UM
Item
Description
Unit Price
Extension
------------------------------
Community Awards Panels
1.00
--
MM0000-000
Pillar of the Community Plaque with Names
625.00
625.00
2.00
--
MM0000-000
Distinguished Athletes Plaque with Names
625.00
1,250.00
2.00
--
MM0000-000
Distinguished Artists Plaque with Names
625.00
1,250.00
2.00
--
MM0000-000
Blank Panels
515.00
1,030.00
1.00
--
MM0000-000
Measure Non -removable panels. design new panel to fit over the top.
300.00
300.00
1.00
--
MM0000-000
Uninstall panels from existing structures, reinstall new panels
400.00
400.00
--------------------------------
eterans Panels
28.00
--
MM0000-000
Veterans Panels- With Names and Brach of Service Logos
625.00
17,500.00
1.00
--
MM0000-000
Uninstall panels from existing structures, reinstall new panels
600.00
600.00
--------------------------------------
Scan / Measure existing panel profiles.
Setup cut files.
16 Gauge Corten Mild Steel.
Laser cutting.
Surface deburr.
Acid wash surface to pre rust items priorto reinstallation.
---------------------------------------
PLEASE READ:
Our scope of work is limited to the items specifically listed and described, nothing else is included.
Delivery and or installation is not included unless stated.
Special orders must prepaid and cannot be cancelled or refunded after approval or payment.
Sales tax and freight will be added as required.
3% Credit Card Fee for Orders Over $5000
Our will call hours are 8:OOAM to 4:30PM Monday to Friday.
All shipments are FOB, Indio, California, CA 92201.
All orders are subject to our standard terms and conditions, copy available by request.
Quotation is in US Dollars.
Subtotal: 22,955.00
Sales Tax: 0.00
Freight:
Total: 22,955.00