AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this day of
, 2023, by and between the City of Merced, a California Charter Municipal Corporation, whose address of record is 678 West 18"h Street, Merced, California 95340, (hereinafter referred to as "City") and Thunderbird Maintenance, Inc. whose address of record is 221 Air Park Road, Atwater, CA 95301, (hereinafter referred to as "Consultant"').
WHEREAS, City is undertaking a project to abate graffiti; and, WHEREAS, Consultant represents that it possesses the professional skills to provide graffiti abatement services in connection with said project.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, hereby agree as follows:
1. SCOPE OF SERVICES. The Consultant shall furnish the following services: Consultant shall provide the graffiti abatement services described in Exhibit "A" attached hereto.
No additional services shall be performed by Consultant unless approved in advance in writing by the City, stating the dollar value of the services, the method of payment, and any adjustment in contract time. All such services are to be coordinated with City and the results of the work shall be monitored by the Chief of Police or designee. However, the means by which the work is accomplished shall be the sole responsibility of the Consultant.
2. TIME OF PERFORMANCE. All of the work outlined in the Scope of Services shall be completed in accordance with the Schedule outlined in Exhibit "A" attached hereto and incorporated herein by reference. By mutual agreement and written addendum to this Agreement, the City and the Consultant may change the requirements in said Schedule.
3. TERM OF AGREEMENT. The term of this Agreement shall
commence upon the day first above written and end on June 30, 2028.
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4. COMPENSATION. Payment by the City to the Consultant for actual services rendered under this Agreement shall be made upon presentation of an invoice detailing services performed under the Scope of Services, in accordance X: \Agreements\Police|2023\PSA - Thunderbird Maint Re Grafitti Abatement.doex 1 •
with the fee schedule set forth in Exhibit "B" attached hereto and incorporated herein by reference. The Consultant agrees to provide all services required under the Scope of Services in Exhibit "A" within the compensation amount set forth in Exhibit "B". For Consultant's services rendered under this Agreement, City shall pay Consultant the not to exceed sums for each year as forth below:
Year Monthly Amount Yearly Amount
1 $22,062.30 $264,747.60
2 23,165.42 277,984.98
3 24,323.70 291,884.23
4 25,539.89 306,478.45
5 26,816.89 321,802.38
5. METHOD OF PAYMENT. Compensation to Consultant shall be paid by the City after submission by Consultant of an invoice delineating the services performed.
RECORDS. It is understood and agreed that all plans, studies, specifications, data magnetically or otherwise recorded on computer or computer diskettes, records, files, reports, etc., in possession of the Consultant relating to the matters covered by this Agreement shall be the property of the City, and Consultant hereby agrees to deliver the same to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials including but not limited to those set forth hereinabove, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
CONSULTANT'S BOOKS AND RECORDS. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. Any records or documents required to be maintained shall be made available for inspection, audit and/or copying at any time during regular business hours, upon oral or written request of the City.
8. INDEPENDENT CONTRACTOR. It is expressly understood that Consultant is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. Consultant shall X: \Agreements\Police 2023\PSA - Thunderbird Maint Re Grafitti Abatement.docx 2 be responsible for the payment of all taxes, workers' compensation insurance and unemployment insurance. Should Consultant desire any insurance protection, the Consultant is to acquire same at its expense.
In the event Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, protect, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
9. INDEMNITY. Consultant shall indemnify, protect, defend (with legal counsel selected by the City, save and hold City, its officers, employees, and agents, harmless from any and all claims or causes of action for death or injury to persons, or damage to property resulting from intentional or negligent acts, errors, or omissions of Consultant or Consultant's officers, employees, volunteers, and agents during performance of this Agreement; Consultant shall indemnify, protect, defend (with counsel selected by the City) save and hold City, its officers, employees and agents harmless from any and all claims or causes of action for any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct, negligent acts, or omissions of Consultant or its employees, subcontractors, or agents, or by the quality or character of Consultant's work, or resulting from the negligence of the City, its officers, employees, volunteers and agents, except for loss caused by the sole negligence or willful misconduct of the City or its officers, employees, volunteers or agents. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall survive the termination of this Agreement and shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
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10. INSURANCE. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense, the following insurance coverage:
a. Workers' Compensation Insurance. Full workers' compensation insurance shall be provided with a limit of at least One Hundred Thousand Dollars ($100,000) for any one person and as required by law, including Employer's Liability limits of $1,000,000.00 per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the City. b. General Liability.
(i) Consultant shall obtain and keep in full force and effect general liability coverage at least as broad as ISO commercial general liability coverage occurrence Form CG 0001.
(ii) Consultant shall maintain limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage.
(iii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects liability arising out of work or operations performed by or on behalf of the Consultant.
(iv) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.
(v) Consultant shall maintain its commercial general liability coverage for three (3) years after completion of the work and shall add an additional insured endorsement form acceptable to the City naming the City of Merced, its officers, employees, agents and volunteers for each year thereafter for at least three (3) years after completion of the work. Copies of the annual renewal and additional insured endorsement form shall be sent to the City within thirty (30) days of the annual renewal.
X: \Agreements\Police\2023\PSA - Thunderbird Maint Re Grafitti Abatement.docx Automobile Insurance.
(i) Consultant shall obtain and keep in full force and effect an automobile policy of at least One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
(ii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects automobiles owned, leased, hired or borrowed by the
Consultant.
(iii) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.
d. Professional Liability Insurance. Consultant shall carry professional liability insurance appropriate to Consultant's profession in the minimum amount of One Million Dollars ($1,000,000). Architects and engineers' coverage is to be endorsed to include contractual liability.
e. Qualifications of Insurer. The insurance shall be provided by an acceptable insurance provider, as determined by City, which satisfies all of the following minimum requirements:
(i) An insurance carrier admitted to do business in California and maintaining an agent for service of process within this State; and,
(ii) An insurance carrier with a current A.M. Best Rating of A:VII or better (except for workers' compensation provided through the California State Compensation Fund).
f. Certificate of Insurance. Consultant shall complete and file with the City prior to engaging in any operation or activity set forth in this Agreement, certificates of insurance evidencing coverage as set forth above and which shall provide that no cancellation or expiration by the insurance company will be made during the term of this Agreement, without thirty (30) days written notice to City prior to the effective date of such cancellation-including cancellation for X: \Agreements\Police|2023\PSA - Thunderbird Maint Re Grafitti Abatement.doex 5 nonpayment of premium. In addition to any other remedies City may have, City reserves the right to withhold payment if Consultant's insurance policies are not current.
11. PREVAILING WAGES.
A. Labor Code Compliance. The work performed under this Agreement falls within Labor Code Section 1720(a)(1) definition of a "public works" the Consultant agrees to comply with all of the applicable provisions of the Labor Code including, those provisions requiring the payment of not less than the general prevailing rate of wages. The Consultant further agrees to the penalties and forfeitures provided in said Code in the event a violation of any of the provisions occurs in the execution of this Agreement.
B. These wage rate determinations are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2. General Prevailing Wage Rate Determinations may be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov/.
C. After award of the Agreement, and prior to commencing work, all applicable General Prevailing Wage Rate Determinations, if applicable, are to be obtained by the Consultant from the Department of Industrial Relations. Theses wage rate determinations are to be posted by the Consultant at the job site in accordance with Section 1773.2 of the California Labor Code.
D. Consultant agrees to include prevailing wage requirements, if applicable, in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771.
12. ASSIGNABILITY OF AGREEMENT. It is understood and agreed that this Agreement contemplates personal performance by the Consultant and is based upon a determination of its unique personal competence and experience and upon its specialized personal knowledge. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City.
13. TERMINATION FOR CONVENIENCE OF CITY. The City may
terminate this Agreement any time by mailing a notice in writing to Consultant that the Agreement is terminated. Said Agreement shall then be deemed terminated, X: \Agreements\Police|2023\PSA - Thunderbird Maint Re Grafitti Abatement.doex 6 and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the phase of work actually completed, based on a pro rata portion of the compensation for said phase satisfactorily completed at the time the notice of termination is received.
14. CONFORMANCE TO APPLICABLE LAWS. Consultant shall
comply with its standard of care regarding all applicable Federal, State, and municipal laws, rules and ordinances. No discrimination shall be made by Consultant in the employment of persons to work under this contract because of race, color, national origin, ancestry, disability, sex or religion of such person.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any agency or instrumentality of the federal or state government, including the courts, impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.
15. WAIVER. In the event that either City or Consultant shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
16. INCONSISTENT OR CONFLICTING TERMS IN AGREEMENT
AND EXHIBITS. In the event of any contradiction or inconsistency between any attached documents) or exhibits) incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control.
Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City unless specifically agreed to in writing, and initialed by the authorized City representative, as to each additional contractual term or condition.
X: \Agreements\Police|2023\PSA - Thunderbird Maint Re Grafitti Abatement.doex 7 17. AMBIGUITIES. This Agreement has been negotiated at arms' length between persons knowledgeable in the matters dealt with herein. Accordingly, any rule of law, including, but not limited to, Section 1654 of the Civil Code of California, or any other statutes, legal decisions, or common-law principles of similar effect, that would require interpretation of any ambiguities in this Agreement against the party that drafted this Agreement is of no application and is hereby expressly waived
18. VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this agreement shall be held exclusively in a state court in the County of Merced.
19. AMENDMENT. This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.
20. INTEGRATION. This Agreement constitutes the entire
understanding and agreement of the parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.
21. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
22. COUNTERPARTS. This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.
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X: Agreements\Police 2023\PSA - Thunderbird Maint Re Grafitti Abatement.docx 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
BY:_
City Manager
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
38: / VA 9/28/2023
ity Attorner Date
ACCOUNT DATA:
BY:
Verified by Finance Officer
X: \Agreements\Police\2023\PSA - Thunderbird Maint Re Grafitti Abatement.docx
CONSULTANT
THUNDERBIRD MAINTENANCE,
INC.
BY:
(Signature)
(Typed Name)
Its:
(Title)
BY:_
(Signature)
(Typed Name)
Its:
(Title)
Taxpayer I.D. No.
ADDRESS: 221 Air Park Road
Atwater, CA 95301
TELEPHONE: (209) 628-0729
FAX:
E-MAIL:
aared(@rhyolitedevelopment.com
X: \Agreements\Police|2023\PSA - Thunderbird Maint Re Grafitti Abatement.doex 10 EXABIT A
Thunderbird Maintenance, Inc
221 Air Park Road, Atwater, CA 95301
209-628-0729 / [email protected]
Proposal for Graffiti Abatement Services
City of Merced
August 2023
Lt. Daniel Dabney August 28, 2023
City of Merced Police Department
611 West 22nd Street
Merced, CA 95340
Dear Mr. Dabney,
Thunderbird Maintenance, Inc ("TM") is pleased to submit this proposal to the City of Merced for review and consideration. Our graffiti removal services and qualifications are detailed in this proposal.
Thunderbird Maintenance, Inc. is a local Merced County company located in the Castle Commerce Center (formerly Castle AFB) in Atwater. Thunderbird Maintenance provides graffiti removal services to local jurisdictions and private property owners. Our process for graffiti removal includes the use of environmentally friendly chemicals approved for use in the State of California and pressure washing, while our graffiti concealment is performed using latex paints and spray paints. These processes are detailed later in this proposal.
The owners of Thunderbird Maintenance are local and have lifelong ties to Merced County and the City of Merced.
We truly appreciate the opportunity to submit this bid for Graffiti Removal Services and look forward to working with the City of Merced if we are selected. Please feel free to contact us with any questions you may have about our company or the services we provide.
Sincerely,
Adam Reed
Secretary & COO, Thunderbird Maintenance, Inc.
Mandatory Proposal Items
Statement Confirming Ability to Execute Agreement as Presented Thunderbird Maintenance Inc. affirms its ability to execute the proposed Agreement for Professional Services (Exhibit 1 of RFP) with the City of Merced. Adam Reed, as the COO and Secretary of Thunderbird Maintenance Inc. has the ability to execute the above stated agreement for the corporation.
Local Business Enterprise Policy Statement of Compliance Thunderbird Maintenance Inc shall comply with the adopted City of Merced Local Business Enterprise Policy requirements. TM has contracted with Sherman Williams in Merced to provide paint and other materials for our abatement services. TM will also make the commitment to purchase gas within the City of Merced.
Conflict of Interest Statement
The proposer holds no City or Agency board or committee appointment or other relationship.
Labor Code
Proposer shall comply with Section 3700 et seq. of Labor Code of the State of California, requiring every employee to be insured against liability for worker's compensation.
Insurance
Thunderbird Maintenance Inc. can and will meet the insurance requirements in Section 10 of the contract, including liability insurance in the amount of $1,000,000, naming the City of Merced, its officers, agents, and employees as additional insured.
Key Personnel
Adam Reed
Adam Reed holds the positions of COO and Secretary of Thunderbird Maintenance, Inc. Mr. Reed manages day-to-day operations of TM and administrates contracts with jurisdictions. Mr. Reed has more than a decade of municipal experience working with various jurisdictions in Merced County and across the State of California. This municipal experience includes serving on the planning commission (City of Atwater) for 5 years and serving on a public board of trustees (Winton Cemetery District) for 5 years.
Other experience includes more than a decade of working in the public sector and interacting with municipal staff, elected officials and the public and engaging in negotiations with government agencies.
Mr. Reed performs weekly recording and reporting of abatement activities and is familiar with the process the City of Merced requires for reporting and billing.
Chris Morrow
Chris Morrow is the President of Thunderbird Maintenance, Inc. Mr. Morrow has a long history of working with the City of Merced and other agencies both in Merced County and across the State of California as a developer, contractor, and material supplier. Mr. Morrow is instrumental in the management of TM and is engaged in various aspects of operations including contract negotiations and agency relations.
Mark Mendoza
Mark Mendoza comes to TM with 12 years of graffiti abatement experience. Mr. Mendoza has previously worked for a graffiti abatement company and performed graffiti removals in the City of Merced and surrounding jurisdictions for those 12 years. Mr. Mendoza is very well organized and keeps excellent records that are used to create reports required by agencies for abatements.
Mr. Mendoza has developed many proprietary processes used in the efficient and cost-effective abatement of graffiti. Most of Mr. Mendoza's time over the past 12 years has been in the City of Merced where Mr. Mendoza has extensive institutional knowledge of city parks and facilities and has created streamlined daily abatement schedules that are implemented to create cost effective workflows for abatements and to ensure that every area of the city is investigated for graffiti.
Mr. Mendoza works with city staff and the public daily and is well liked for his responsiveness and courtesy.
Scope of Project
TM proposes to provide the City of Merced with graffiti abatement services within the city limits of Merced on public and private property. Abatements performed on public property will be done on a regular schedule and additionally as requested by city staff and residents. Response times to requests from city staff and residents will be determined by daily routes and schedules and will typically be performed the same day but will take no longer than 24 hours during a normal work week.
Abatements performed on private property will be limited to graffiti that is viewable from the public right of way in areas that are accessible to TM staff without having to access graffiti behind fences, shrubs, walls or any other physical barriers. Public requests for abatement on private property may require consultation with city staff prior to abatement. These abatements may require additional time to respond to.
No abatements will be performed, public or private, when a risk to TM staff exists.
TM will provide the City of Merced and its residents with a direct phone number to our personnel for reporting graffiti for removal. In addition to a direct phone line TM will continue to provide an email address for City of Merced staff and residents to submit graffiti requests to TM personnel, with the email monitored daily.
TM will document in writing and digital photos, all graffiti abatements, and utilize these records to generate monthly reports to be submitted to the City of Merced. Monthly reporting will include spreadsheets of abatements by district (in a form acceptable to the City of Merced), digital photo records, and invoicing for services.
Term of Agreement
TM anticipates entering into an agreement for a term of 5 years or as negotiated between the City of Merced and TM. TM has reviewed Exhibit 1, "Agreement for Professional Services" and accepts the content and form of the agreement.
2 Compensation
TM currently provides the City of Merced graffiti abatement services at a level of service of 120 hours a month. Based on current and historic abatement levels TM would propose providing a service level of 130 hours a month (not to exceed without authorization). TM can provide additional hours of service as required and approved by the City of Merced. Services are provided at a flat hourly rate that includes time and material at a rate of $125.63 an hour. The annual compensation rate at a level of service of 130 hours a month is $195,982.80. This would be the proposed not to exceed amount TM proposes to the City of Merced for the first year of the agreement.
An annual cost adjustment not to exceed 5% is proposed for increases in operations which may include personnel, insurance, fuel, and materials provided as part of the flat hourly rate. On or before the annual anniversary of the agreement, TM will notify the city of any increase in the rate of services.
Monthly billing of services will be submitted to the city by the 5th of each month for the prior month of services. Billing will include abatement reporting and digital photo files.
SERVICES
TM will provide the City of Merced with graffiti removal services using highly trained employees with over a decade of experience in graffiti abatement and state of the art equipment with high-quality paints and chemicals designed for graffiti abatement. TM will work with the City of Merced to tailor a graffiti abatement program that works for the city while also meeting the needs of the residents to include the following:
• Utilize established routes to monitor graffiti patterns and provide timely and cost effective abatement services
Proactive response to graffiti by providing scheduled routes Monday through Friday weekly.
Provide city staff and residents with cell phone number and email address to report graffiti.
Provide raid response times for graffiti reporting, no later than 24 hours during normal weekdays.
Removal Processes
Industry leading processes are used to abate graffiti in either removal or concealment. The removal process utilizes the application of chemicals to breakdown spray paints and markers on smooth non- porous surfaces such as metal and plastic playground equipment, benches, tables, and light posts.
Pressure washing may be used if required in the chemical process of removal. The concealment process utilizes latex paints for walls, fences, and buildings while spray paints are used for metal surfaces like utility boxes, benches, and street light posts.
Removal Equipment
TM uses state of the art equipment to perform graffiti abatement. The equipment starts with a specially designed truck large enough to carry all necessary equipment and materials but small enough to enter and maneuver through parks, bike paths and alleyways with ease.
The truck is highly visible and equipped with safety lighting. The key to this truck is the flat bed graffiti removal system. The flatbed houses the 4 Titan airless sprayers, each connected to large reservoirs of 3 latex paint. Each reservoir holds one of four primary colors, white, brown, gray, and tan. Other paint colors like blue, green, and yellow are kept in 1 gal. cans in storage boxes attached to the flatbed. 4 Titan airless sprayers are fixed to the flatbed and plumbed to each reservoir, with each plumbed to individual hose reels at the rear of the truck. Each hose reel has separate spray guns for each color and are used to apply paint to surfaces with graffiti. Powering the equipment on the flatbed is a ultra-quiet Honda generator. Storage boxes are attached to the flatbed with an assortment of tools and products to use in the graffiti abatement process.
Experience
TM currently provides graffiti abatement services to the City of Merced through a blanket purchase order between the City of Merced and Jim Brisco Enterprises, Inc. TM personnel includes Mark Mendoz who has provided graffiti abatement services with the City of Merced for the past 12 years. Marks knowledge of graffiti patterns throughout the city allows TM to provide cost effective and timely removals of graffiti.
THUNDERBIRD MAINTENANCE, INC
September 2023 Removal Report
District 9/1 9/4-9/8 9/11-9/15 9/18-9/22 9/25-9/29 September Total
1.10 5 15 20 15 20 75
1.11 20 80 60 80 60 300
2.20 10 40 50 40 50 190
2.21 15 50 75 50 75 265
3.30 10 50 25 50 25 160
3.31 5 20 10 20 10 65
Weekly Total 65 255 240 255 240 1055
Weekly Hours 6 30 30 30 30 126
Septmeber 2023
3.30 111
29%
2.21 25%
2.20 18%
ExHBil
B
ADDENDUM 1
Proposal for Graffiti Abatement Services
(RFP No. 08282023A)
City of Merced
September 18, 2023
This addendum is submitted as part of the Bidding Documents submitted by Thunderbird Maintenance (TM) on August 28, 2023 to the City of Merced in response to the above referenced Request for Proposal (RFP). The changes incorporated in this addendum shall be considered as part of the documents and shall supersede, amend, add to, clarify, or subtract from those conditions shown in the original documents.
Compensation
TM currently provides the City of Merced graffiti abatement services at a level of service of 120 hours a month. Based on current and historic abatement levels TM would propose providing a service level of 130 hours a month (not to exceed without authorization). TM can provide additional hours of service as required and approved by the City of Merced.
Two options for service are detailed below and based on the prevailing wage rate (Index 2023-2) for Merced County of a Journeyman Painter as defined by the Department of Industrial Relations (DIR) of the State of California.
Option one would be maintaining the quality of service the City of Merced and residents have come accustomed to. To maintain this level of service would require 130 hours a month of abatement services.
Services are provided at a flat hourly rate that includes time and material at a rate of $169.71 an hour. The annual compensation rate at a level of service of 130 hours a month is $264,747.60. This would be the proposed not to exceed amount TM proposes to the City of Merced for the first year of the agreement under option one.
Option two would be a reduction in hours from 130 hours a month to 98 hours a month. Services are provided at a flat hourly rate that includes time and material at a rate of $169.71 an hour. The annual compensation rate at a level of service of 1,176 hours annually and 98 hours a month, is $199,578.96. This would be the proposed not to exceed amount TM proposes to the City of Merced for the first year of the agreement under option two.
A change in prevailing wage rates (increase or decrease) determined by the DIR would require adjustment to the hourly rate immediately upon issuance of determination. TM will notify the City of Merced immediately (within 48 business hours of receiving notice) of any increase or decrease in prevailing wage rate determinations and change to hourly rate of services.
An annual cost adjustment not to exceed 5% is proposed for increases in operations which may include personnel, insurance, fuel, and materials provided as part of the flat hourly rate. This increase would be in addition to adjustments in prevailing wage rates determinations. On or before the annual anniversary of the agreement, TM will notify the city of any increase in the rate of services.
Monthly billing of services will be submitted to the city by the 5th of each month for the prior month of services. Billing will include abatement reporting and digital photo files.
Sincerely,
Adam Reed
Secretary & COO, Thunderbird Maintenance, Inc.
Year Monthly Amount Yearly Amount
1 $22,062.30 $264,747.60
2 23,165.42 277,984.98
3 24,323.70 291,884.23
25,539.89 306,478.45
5 26,816.89 321,802.38
TM 9/27/28