HomeMy WebLinkAbout_ Contract - Woods Maintenance Services, Inc. - Graffiti Control - 202028 MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of July 1, 2020 by and between the
City of Diamond Bar, a municipal corporation ("City") and Woods Maintenance Services, dba
Graffiti Control Systems, a California Corporation ("Contractor").
1. Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall provide
to the reasonable satisfaction of the City the graffiti removal services set forth in the attached
Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City
to enter into this Agreement, Contractor represents and warrants that it has thoroughly
investigated the work and fully understands the difficulties and restrictions in performing the
work. Contractor represents that it is fully qualified to perform such consulting services by virtue
of its experience and the training, education and expertise of its principals and employees.
Greg Gubman, Community Development Director(herein referred to as the "City's Project
Manager"), shall be the person to whom the Contractor will report for the performance of services
hereunder. It is understood that Contractor shall coordinate its services hereunderwith the City's
Project Manager to the extent required by the City's Project Manager, and that all performances
required hereunder by Contractor shall be performed to the satisfaction of the City's Project
Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect July 1 , 2020, and shall
continue until June 30, 2023 ("Term"), unless earlier terminated pursuant to the provisions
herein.
The City shall have the option to extend this Agreement for two (2) additional one (1) year
terms, subject to the same terms and conditions contained herein, by giving Consultant written
notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial
Term. In the event the City exercises its option to extend the Term, Consultant's compensation
shall be subject to an adjustment upon the effective date of extension as follows:
Any increase in compensation will be negotiated between the City and the Consultant,
but in no event shall the increase exceed the amount that the Consumer Price Index
("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month
immediately preceding the Adjustment Date (the "Index Month") as reported by the
Bureau of Labor Statistics of the United States Department of Labor, has increased over
the CPI for the month one year prior to the Index Month. Any exercise of an option to
extend the Term and/or increase in compensation, negotiated or based upon CPI, shall
be subject to approval of the City Council.
3. Compensation. City agrees to compensate Contractor for each service which
Contractor performs to the satisfaction of City in compliance with the scope of services set forth
in Exhibit "A". Payment will be made only after submission of proper invoices in the form
specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed ONE
HUNDRED SEVEN ONE HUNDRED Dollars ($107,100) without the prior written consent of the
City. The above not to exceed amount shall include all costs, including, but not limited to, all
clerical, administrative, overhead, telephone, travel and all related expenses.
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4. Payment.
A. As scheduled services are completed, Contractor shall submit to City an invoice
for the services completed, authorized expenses and authorized extra work actually performed
or incurred.
B. All such invoices shall state the basis for the amount invoiced, including services
completed, the number of hours spent and any extra work performed.
C. City will pay Contractor the amount invoiced the City will pay Contractor the
amount properly invoiced within 35 days of receipt.
D. Payment shall constitute payment in full for all services, authorized costs and
authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefore have been previously authorized in writing and approved by the City
Manager or his designee as an amendment to this Agreement. The amendment shall set forth
the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to
Contractor.
6. Priority of Documents. In the event of any inconsistency between the provisions
of this Agreement and any attached exhibits, the provisions of this Agreement shall control.
7. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of
City or otherwise act on behalf of City as an agent, except as specifically provided herein.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time,
or in any manner, represent that it or any of its agents or employees are in any manner
employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor under
this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. In the event that City is audited by any Federal or State agency or
the Public Employee Retirement System regarding the independent contractor status of
Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor
relationship between City and Contractor or its employees, then Contractor agrees to reimburse
City for all costs, including accounting and attorney's fees, arising out of such audit and any
appeals relating thereto.
C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable Worker's Compensation laws.
D. Contractor shall, at Contractor's sole cost and expense fully secure and comply
with all federal, state and local governmental permit or licensing requirements, including but not
limited to the City of Diamond Bar, South Coast Air Quality Management District, and California
Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right to offset
against the amount of any fees due to Contractor under this Agreement any amount due to City
from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or
indemnification required by this Agreement or for any amount or penalty levied against the City
for Contractor's failure to comply with this Section.
8. Standard of Performance. Contractor shall perForm all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions and
represents that it and any subcontractors it may engage, possess any and all licenses which are
required to perform the work contemplated by this Agreement and shall maintain all appropriate
licenses during the performance of the work.
9. Indemnification.
Contractor shall indemnify, defend with counsel approved by City, and hold harmless City,
its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss,
damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Worker's Compensation acts and other employee
benefit acts with respect to Contractor's employees or Contractor's contractor's
employees arising out of Contractor's work under this Agreement; and
(2) Any and all claims arising out of Contractor's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement, regardless
of City's passive negligence, but excepting such loss or damage which is caused by the
sole active negligence or willful misconduct of the City. Should City in its sole discretion
find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its
costs of defense, including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation. The Contractor shall promptly pay any final judgment
rendered against the Indemnitees. It is expressly understood and agreed that the
foregoing provisions are intended to be as broad and inclusive as is permitted by the law
of the State of California and will survive termination of this Agreement. Except for the
Indemnitees, this Agreement shall not be construed to extend to any third party
indemnification rights of any kind.
10. Insurance.
A. Contractor shall at all times during the term of this Agreement carry, maintain, and
keep in full force and effect, with an insurance company authorized to do business in the State
of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance
written on an occurrence basis with minimum limits of $2,000,000.00 combined single
limit coverage against any injury, death, loss or damage as a result of wrongful or
negligent acts by Contractor, its officers, employees, agents, and independent contractors
in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering all
owned, non-owned and hired automobiles, with minimum combined single limits coverage
of$2,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a minimum limit
of$500,000.00 or the amount required by law, whichever is greater.
B. The City, its officers, employees, agents, and volunteers shall be named as
additional insureds on the policies as to comprehensive general liability, property damage, and
automotive liability. The policies as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance maintained by the
City shall be excess insurance only. _
C. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City at least
ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or
otherwise modify the insurance coverage and in the event of any of the same by the insurer to
immediately notify the City.
D. All policies of insurance shall cover the obligations of Contractor pursuant to the
terms of this Agreement and shall be issued by an insurance company which is authorized to do
business in the State of California or which is approved in writing by the City; and shall be placed
have a current A.M. Best's rating of no less than A-, VII.
E. Contractor shall submit to City (1) insurance certificates indicating compliance with
the minimum insurance requirements above, and (2) insurance policy endorsements or a copy
of the insurance policy evidencing the additional insured requirements in this Agreement, in a
form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall
allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of
the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR
or deductible requirements. The amount of the SIR or deductible shall be subject to the approval
of the City. Contractor understands and agrees that satisfaction of this requirement is an express
condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary
insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City
pay the SIR or deductible on Contractor's due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such amounts as
damages in any action against Contractor for breach of this Agreement in addition to any other
damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution
it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required
under this Agreement in full force and effect, City may take out the necessary insurance and any
premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts
may be deducted from any payments due Contractor.
I. Contractor shall include all subcontractors, if any, as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor to the City for review
and approval. All insurance for subcontractors shall be subject to all of the requirements stated
herein.
11. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor covenants that
all data, documents, discussion, or other information developed or received by Contractor or
provided for performance of this Agreement are deemed confidential and shall not be disclosed
by Contractor without written authorization by City. City shall grant such authorization if
disclosure is required by law. All City data shall be returned to City upon the termination of this
Agreement. Contractor's covenant under this section shall survive the termination of this
Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a
proprietary nature specifically for and in connection with certain projects, the City shall not,
except with Contractor's prior written consent, use the same for other unrelated projects.
12. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full
and complete books, documents, papers, accounting records, and other information
(collectively, the "records") pertaining to the costs of and completion of services performed under
this Agreement. The City and any of their authorized representatives shall have access to and
the right to audit and reproduce any of Contractor's records regarding the services provided
under this Agreement. Contractor shall maintain all such records for a period of at least three
(3) years after termination or completion of this Agreement. Contractor agrees to make available
all such records for inspection or audit at its offices during normal business hours and upon three
(3) days' notice from the City, and copies thereof shall be furnished if requested.
13. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed b,y Contractor
under this Agreement, or which would conflict in any manner with the performance of its services
hereunder. Contractor further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Contractor shall avoid the
appearance of having any interest which would conflict in any manner with the performance of
its services pursuant to this Agreement.
B. Contractor covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Contractor's covenant under this section shall survive the
termination of this Agreement.
14. Termination. The City may terminate this Agreement with or without cause upon
fifteen (15) days' written notice to Contractor. The effective date of termination shall be upon
the date specified in the notice of termination, or, in the event no date is specified, upon the
fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees
to pay Contractor for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Contractor shall discontinue performing
services, unless the notice provides otherwise, except those services reasonably necessary to
effectuate the termination. The City shall be not liable for any claim of lost profits.
15. Personnel. Contractor represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services required
under this Agreement will be performed by Contractor or under it supervision, and all personnel
engaged in the work shall be qualified to perform such services. Contractor reserves the right
to determine the assignment of its own employees to the performance of Contractor's services
under this Agreement, but City reserves the right, for good cause, to require Contractor to
exclude any employee from performing services on City's premises.
16. Prevailing Wage. Notice is hereby given that in accordance with the provisions
of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is
required to pay not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the public works is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of
the Department of Industrial Relations of the State of California is required to and has determined
such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem
wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive,
Diamond Bar, California, and are available to any interested party on request. City also shall
cause a copy of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00)
for each laborer, workman or mechanic employed for each calendar day or portion thereof, if
such laborer, workman or mechanic is paid less than the general prevailing rate of wages
hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor
under him.
The CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the
award of a contract for a public work on any public works project awarded after April 1, 2015.
This Agreement is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
17. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of Contractor state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor
shall do all things necessary and incidental to the prosecution of Contractor's work.
19 Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control shall be an extension of time. No matter what the cause of the delay, Contractor must
document any delay and request an extension of time in writing at the time of the delay to the
satisfaction of City. Any extensions granted shall be limited to the length of the delay outside
Contractor's control. If Contractor believes that delays caused by the City will cause it to incur
additional costs, it must specify, in writing, why the delay has caused additional costs to be
incurred and the exact amount of such cost within 10 days of the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount absent a written amendment
to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due
to any delay, whether caused by the City or due to some other cause. i
20. Assignment. Contractor shall not assign or transfer any interest in this Agreement
nor the performance of any of Contractor's obligations hereunder, without the prior written
consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties,
or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Contractor constitute or be construed as a waiver by City of any breach of covenant,
or any default which may then exist on the part of Contractor, and the making of any such
payment by City shall in no way impair or prejudice any right or remedy available to City with
regard to such breach or default.
23. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by the parties,
may be referred by the parties hereto for mediation. A third party, neutral mediation service shall
be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne
equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any
such dispute or controversy so submitted to mediation. It is specifically understood and agreed
by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy
as provided herein, shall be a condition precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or controversy.
24. Notices. Any notices, bi�ls, invoices, or reports required by this Agreement shall
be deemed received on (a)the day of delivery if delivered by hand during regular business hours
or by facsimile before or during regular business hours; or(b}on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the
Agreement,or to such other addresses as the parties may,from time to time, designate in writing
pursuant to the provisions of this section.
"CONTRACTOR" "CITY"
Woods Maintenance Services, Inc. City of Diamond Bar
dba Graffiti Control Systems 21810 Copley Drive
7250 Coldwater Canyon Avenue Diamond Bar, CA 91765-4178
North Hollywood, CA 91605 Atfn.: Greg Gubman
Attn.: Barry Woods Phone: (909)839-7030
Phone: (818) 764-2515 E-mail: GGubman@DiamondBarCa.gov
E-Mail: sales@graffiticontrol.com
25. Governing Law. This Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
26. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be the original, and all of which together shall constitute one
and the same instrument.
27. Entire Agreement. This Agreement, and any other documents incorporated
herein by reference, represent the entire and integrated agreement between Contractor and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements.
This Agreement may not be amended, nor any provision or breach hereof waived, except in a
writing signed by the parties which expressly refers to this Agreement. Amendments on behalf
of the City will only be valid if signed by a person duly authorized to do so under the City's
Purchasing Ordinance.
IN WITNESS of this Agreement,the parties have executed this Agreement as of the date
first written above.
"Contractor" "City" I
WOODS MAINTENANCE SERVICES, INC. CITY OF DIAMOND BAR
dba GRAFFITI CONTROL SYSTEMS
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By: By: "
Steve Tye, Mayor
Printed Name: am Woods
Title: President
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By: ��'�✓ vv ' � ✓�.a ATTEST:
Printed Name: Diane W.Woods
Titie: Secretary
Kristina Santana, City Clerk
Approved as to form:
By. �G:�G�i �2�P�2i2,c1_
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David A. DeBerry, City omey
State of California"CONTRACTOR'S"License No. 741322
CONTRACTOR'S Business Phone: (818)764-2515
Emergency Phone a,8-a�s-s�ao r�ems cein:sio-a,ssas�r��sn's Cell):A18.:�34SS11 fEnripue's Ce111
which CONTRACTOR can be reached at any time.
*NOTE: ff Contractor+s a corporation,the City requires the following signature(s):
— (1)fhe Chairman of the Boarri,the President a a Vice-President,AlJD(2)the Secrefary,the Chief
Financial OKcer, the Tieasurer, an Assistant Secretary or an Assistant Treasurer. lf only one
corporate officer exists or one corporate o�cer holds more than one corpora}e o�ce, please so
indicafe. OR
— The corporate o�cer named in a corporate resofution as authorized to enter into fhis Agreement.
A copy of the corporaEe resolution,cert�ed by the Secretary close in fime to the execution of the
Agreement,must be provided to the City.
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3. Scope of Work
The two most important aspects when performing on any contract, no matter the type, no matter
for whom,and no matter for what services,are the same: I<now the Scope&Communicate. WMS
I<nows that so long as these two items are attended to,the project will run successfully.
I<now the Scope
As the current contractor providing graffiti removal services for the City of Diamond Bar, Woods
Maintenance Services field staff and management team is intimately familiar with nuances of the
City. We understand which walls require contacting homeowners to allow entrance into their
yards to provide abatement services on walls that face the freeways, and we know how to access
trails in the parl<s in order to remove graffiti along these paths. Finally, Woods is adept at seeking
out hot spots and highly targeted areas and removing tags quickly, preventing further
encouragement to the taggers. Despite our current schedule to remove graffiti on Mondays and
Fridays, multiple times during the course of the current contract we have sent crews to perform
services on other days, specifically when City Staff has requested that a particularly vulgar tag be
removed as soon as possible. Furthermore, when we have received multiple constituent
calls/emails about the same tag, we have sent a crew member out to take care of it. We
understand that though we are an independent contractor, citizens consider us as "part of the
City" so we take pride in being responsive to their needs.
Suffice to say, during our more than 20 years working as Diamond Bar's service contractor, we
have removed graffiti from just about every type of surface at every type of property, at every
time, weekday or weel<end. Although the taggers may not access the areas they tag in a safe
manner, rest assured, WMS' technicians have been comprehensively trained in all safety rules
and regulations, and if for any reason they feel unsafe while performing an abatement, they will
wait until it is absolutely safe to undertake the job. Safety is valued more than anything else, and
it is in these circumstances where a contractor who is skilled and experienced in graffiti
abatement can complete the work, quickly and safely, following all regulations to protect its
employees, and the citizens and staff of Diamond Bar.
By having a complete understanding of what ourjob is,time and energy are not wasted trying to
figure out what to do—we simply do the work for which we are contracted. WMS has been
performing graffiti abatement services for Diamond Bar for over 20 years and more than 35 years
overall. While we have contracted with Diamond Bar, and all other awarding bodies and private
entities, we have always rigorously adhered to the scope of work, no matter the changes that
have occurred. We have always done what we do best—abate the graffiti, all in accordance with
the requirements of the contract and in full compliance with all City, County, and State
Regulations.
Communicate
When questions arise about any aspect of the work or the contract, being able to have open
conversations with Diamond Bar's representatives allows for problems to be solved quickly,
resulting in more efficient and effective operations. To these ends, WMS has shown over the
previous 20 years contracting with the City that our management team is available 24/7/365 to
attend to the needs of the City, and we commit to continuing our availability on all future
contracting opportunities.
With Contract Representatives
By being in frequent communication with Diamond Bar's contract representatives, either by
phone, email, or text, problems are avoided, graffiti is removed more quickly, and expectations
are managed more effectively. All of these actions help to foster a solid working relationship,
which is extremely critical, especially I<nowing what a hot-button topic graffiti is among the city's
residents and business people,to say nothing of the importance to City Staff and Leadership. By
making it clear to the City's representatives that Woods' management knows the scope of worl<
inside and out, are confident in our technician's ability to remove graffiti, and provide stellar
service, the City knows that when they have a question or need something done, we will give
them a solid plan and an honest answer.
Between Mana�ement and Supervisors
Communication is also critical between WMS' management and our supervisors.Throughout the
course of the workday, management is in contact with our staff to make sure that everything is
running smoothly and to find out if additional resources or crew members are required for a
certain job. Typically, our supervisors will handle any field level decisions themselves and will
then communicate those decisions to the office. Our supervisors have been working for the
company for over 20 years on average and we know and trust that the decisions they make
regarding a job in the moment is the best decision for the company and the client. Should they
have any question about a request that was made of them, and they are unsure about how to
proceed,they will contact Josh Woods or Jeff Woods to help provide guidance. Management and
supervisors will continue to engage in weekly meetings to discuss the progress of each week's
work and determine if new protocols are required.
Throu�h Reporting
Woods will continue to provide Diamond Bar with a detailed monthly invoice and should the City
require any additional reports or restitution reports, we can provide those in a timely manner.
Safetv
Equally important as having the skilis to actually find and abate the graffiti, is the ability to work
in a safety-sensitive environment. Working on public rights of way, streets,trails, uneven terrain,
and parks, requires safety conscious crews. As our crews have been reminded time and time
again, in our regularly scheduled meetings, daily tailgate meetings, and continuing education
classes, you always need to know where a safe refuge area is.
WMS has always practiced and subscribed to the applicable BMP's for all municipal work we have
undertaken. Whether it is securing a working area with cones so passersby will not inadvertently
enter a work zone, or doing preventative maintenance on all our vehicles and equipment, we
know that when best management practices are followed rigorously, work is done in a safer and
more efficient and effective manner.
Great care will be taken in protecting surrounding areas. Sand, soda and any residue from
cleaning operations shall be cleaned up immediately by our technicians, restoring the surface
and area to its original condition, and removing any potential liability problem or exposure. In
some cases, water reclamation devices will be utilized so as to prevent any runoff or pollution of
the storm drains and water tables, in accordance with applicable regulations. In any project we
undertake, all care and caution shall be used while performing the services to maintain the
integrity of all surfaces, hardscapes, landscapes and rights of way.
All employees are provided with uniforms and all necessary and required safety gear (PPE),
including: safety vests, protective eyewear, gloves, N-95 respirator masks, ear plugs, and hard
hats (if necessary).
360° Approach
By employing our tried and true 360-degree approach,whereby the technician makes a complete
360 degree turn upon removing a graffiti tag, our technicians remain proactive and further
prevent additional work orders from the same location. Other contractors have a tendency to
just remove the specific tag that is reported in an incident report—WMS is not satisfied by
removing just the "reported"tags, we want the area to be completely free of graffiti, even if that
means spending the extra time to ensure that the job is done properly.
When technicians discover graffiti in an area that requires either an additional technician for
safety reasons, or the need to contact a resident, they will make a notation and, as soon as safe
and practicable, will call the supervisor to alert him to the situation. Because of our expertise and
experience in Diamond Bar, our supervisor will decide whether this is an issue that can be
handled safely that day, or if it requires further measures. If the graffiti can be abated safely that
day, we will send an additional technician to handle the graffiti. If the area is highly safety
sensitive it may be necessary to alert city staff and create a plan together. Safety is valued more
than anything else, and it is in these circumstances where a contractor who is skilled and
experienced is extremely valuable to the City of Diamond Bar.
Dav 1
Should we be awarded this contract,there will be no downtime required to begin the work as we
are fully equipped as the current contractor to handle all of Diamond Bar's graffiti abatement
needs. However, if, during the course of the contract period, the need ever arises for new or
additional vehicles or equipment, WMS certifies that it will make the necessary purchases or
enter in to long term leases to ensure a continuity of service. We currently have an open line of
credit with the Ford Motor Company, and have ample credit lines with all of our suppliers,
vendors, and Wells Fargo Bank. Additionally, as the COVID-19 pandemic has taught everyone,
because we run a responsible business and are well capitalized, disruptions to the ordinary
course of business do not have the deleterious effects on Woods that they have had on others in
the service industry.
Part and parcel to any graffiti abatement program is having the knowledge, experience, and
right equipment to tackle any problem. Having removed graffiti for public sector clients for over
35 years, we have more experience than anyone else in the business. Our technicians have
experience removing every type of graffiti from every type of surface, and when new products
come to the marketplace, WMS will test these products against what we are currently using to
see if work can be done better, faster, and more effectively with these new products. To that
end, our crews use a combination of inethods to abate graffiti, starting with the least damaging
process:
Methods& Techniques
These will include glass windows, Treated primarily with eco-
ceramic tile, roadway/railway signs, friendly chemical washes,
Non-Porous Surfaces
traffic control boxes, light standards pressure washing and the
judicious use of soda
bicarbonate blasting.
Included here will be natural masonry Pressure wash with eco-
substrates that have not already been friendly chemicals, hot high
Porous Surfaces
painted, like sound walls, concrete light pressure waster blasting.
standards, sidewalks and curbs We do not use sand
blasting UNLESS it is
absolutely necessary
Previously Painted Included: Sound Walls, Utility Boxes, These surfaces are painted
Surfaces Bridges,Tunnels, I<-Rails over from reveal to reveal
to avoid "block" painting.
Colors are matched to
avoid a patchwork lool<.
Because different locations and substrates require different techniques, all vehicles and
technicians are outfitted with multiple pressure washing hoses with quick connections,
including multiple nozzle tips for the pressure washing wands because removing graffiti from a
sound wall or a sidewalk requires a different tip than is used for removing graffiti from the bark
of tree. Smaller tip openings are more effective on hard substrates, while it is necessary to use
a wide tip nozzle on a tree, as to prevent damage to the bark.
Extension poles are supplied to reach high graffiti tags, and ladders and/or step stools, and
various scrubbers and rags. Further, windows or other glass features are squeegeed with water
or glass cleaner after removals are completed. In all removals, our technicians will use the
proper technique and product to create a surface that appears as if graffiti was never there.
Of course, having the right people, the right experience, and the right work plan are critical, but
the final piece of the puzzle is having the right equipment to execute the required tasks. To this
end, Woods Maintenance Services houses ample supplies of hand and power tools and
maintains a fleet of over 70 vehicles:
• 16 dedicated landscape maintenance vehicles
• 8 dedicated trash collection vehicles
• 23 fully equipped graffiti removal vehicles
• 9 dedicated pressure washing vehicles
• 13 Dump trucks with auto-dumping capabilit�es
• 2 Tractors with Accessories-New Holland: 1 Model 5030, 1 Model 445D
• 47' Bucket Trucl<
• 29' Bucket Van
• 2 Traffic Control Vehicles
• Hydro Tel< Custom Water Recover Systems (SC35005VG/ZVAC)
• 3 diesel cold water pressure washing units
• 1 Baldor Electric Powered pressure washing unit
• 32 Delco RK-45 Pressure washing units
• 33 Graco Model 3900 airless paint sprayers
• 16 chainsaws-various models
• 19 Husqvarna and Shindaiwa hedge trimmers
• 37 Husqvarna weed whackers
• 11 30"Toro TurfMaster Lawn Mowers
• 72 field cell phones
The safety and well-being of all Contractors' employees and the citizens in general is our
primary concern. All work undertaken conforms to all rules, regulations, ordinances and
statutes of the City, County, State and Federal Government, as well as the Los Angeles County
Best Management Practices manual {BMP's). When required, all proper traffic control methods
are utilized, as required on the public right-of-way, with flashing arrow boards, cones and
barricades. The concern is also for the public at large, as we will be working along areas where
there are not only pedestrians, but oftentimes vehicles and cyclists as well. Vehicles are all
equipped with a fire extinguisher, Safety Data Sheets, and first aid kits.
� �\lll�l)5
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,�� `,FI:\'I('f C. IN('.
June 19, 2020
Greg Gubman,AICP
Community Development Director
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Re: Woods Maintenance Services, Inc. dba Graffiti Control Systems Amended Proposal
Greg,
Woods propos�s to supply 1 fully equipped graffiti removal crew to the City of Diamond Bar ONE DAY
per week for a full work day. In addition,we will provide the City with up to 12 additional "free days,"
per year,to be used at the City's discretion for extra work,emergencies, or the like.These days are
provided to the City in recognition of the 27-year relationship that we have had with Diamond Bar.
This worker will have the capability to perform all manner of graffiti removals, including, but not limited
to: paint-out, chemical removal, pressure washing.
Having performed graffiti removal services for the City for Diamond Bar for 27 years, we are uniquely
qualified to attend to the needs of the City, its staff, and its constituents and we look forward to
continuing our stellar service for the term of this new contract.
The primary worker for this work will be paid prevailing wage rates for the work he does in Diamond
Bar, in accord with Department of Industrial Relations requirements,as will any substitute worker who
filis in for the primary worl<er during vacation, illness, or any other absence.
For the services enumerated above,Woods Maintenance Services, Inc.will bill the City of Diamond Bar a
fixed monthly fee of$2,975.00.
Should you have any questions,feel free to contact me at your earliest convenience.
Have a nice weekend.
Best,
� ,
Jeff Woods
�O� 800.794.7384 7250 COLDWATER CANYON AVE
(F) 818.764.2516 NORTH HOLLYWOOD,CA
WWW.GRAFFITICONTROL.COM 91605