Cities Index.
Agenda packet

Baldwin Park City Council
February 7, 2024

Document
Agenda packet
Meeting
February 7, 2024
Body
Baldwin Park City Council
Pages
27
Original file
79.8 MB
Text extracted from the city's file for reading and search. Open the original on baldwinparkca.api.civicclerk.com. That file is the official record.

Thresholds Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec

CITY OF PASADENA
NTD SAFETY AND SECURITY REPORT - 2018
April 2018
Non-Major Incident
(Security)
Occurrence of Part I offences
(except homicide)

1. Forcible rape 0 0 0 0 0 0 0 0 0 0 0 0

2. Robbery 0 0 0 0 0 0 0 0 0 0 0 0

3. Aggravated assault 0 0 0 0 0 0 0 0 0 0 0 0

4. Burglary 0 0 0 0 0 0 0 0 0 0 0 0

5. Larceny/theft 0 0 0 0 0 0 0 0 0 0 0 0

6. Motor vehicle theft 0 0 0 0 0 0 0 0 0 0 0 0

7. Arson 0 0 0 0 0 0 0 0 0 0 0 0
Arrest/Citation for Part II
Offenses:

1. Other assaults 0 0 0 0 0 0 0 0 0 0 0 0

2. Vandalism 0 0 0 0 0 0 0 0 0 0 0 0

3. Trespassing 0 0 0 0 0 0 0 0 0 0 0 0

4. Fare evasion 0 0 0 0 0 0 0 0 0 0 0 0
Occurrence of Other Security
Issues:

1. Bomb threat 0 0 0 0 0 0 0 0 0 0 0 0

2. Bombing 0 0 0 0 0 0 0 0 0 0 0 0

3.Chemical/Biological/Nuclear
release 0 0 0 0 0 0 0 0 0 0 0 0

4. Cyber incident 0 0 0 0 0 0 0 0 0 0 0 0

5. Hijacking 0 0 0 0 0 0 0 0 0 0 0 0

6. Non-violent civil disturbance 0 0 0 0 0 0 0 0 0 0 0 0

7. Sabotage 0 0 0 0 0 0 0 0 0 0 0 0
Occurrence of Suicides
and attempts. 0 0 0 0 0 0 0 0 0 0 0 0

Page 2 of 2 ends

First Transit, Pasadena
DAR Monthly Mechanical Down List
Apr-18
Unit Mileage Date OOS Reason
work in house or
vendor
Estimated
return date
Actual
return date
3051 16-Mar Body shop vendor 15-Apr

Date Day Revenue Dead Total Revenue Dead Total Revenue Dead Total Revenue Dead Total 1-Apr Sunday - - - - - - 331.20 41.00 372.20 331.20 41.00 372.20 2-Apr Monday 703.70 86.80 790.50 - - - - - - 703.70 86.80 790.50 3-Apr Tuesday 928.00 120.90 1,048.90 - - - - - - 928.00 120.90 1,048.90 4-Apr Wednesday 935.20 116.90 1,052.10 - - - - - - 935.20 116.90 1,052.10 5-Apr Thursday 859.70 101.10 960.80 - - - - - - 859.70 101.10 960.80 6-Apr Friday 762.80 99.50 862.30 - - - - - - 762.80 99.50 862.30 7-Apr Saturday - - - 410.50 38.40 448.90 - - - 410.50 38.40 448.90 8-Apr Sunday - - - - - - 334.40 50.00 384.40 334.40 50.00 384.40 9-Apr Monday 751.00 82.20 833.20 - - - - - - 751.00 82.20 833.20 10-Apr Tuesday 899.90 119.10 1,019.00 - - - - - - 899.90 119.10 1,019.00 11-Apr Wednesday 1,049.30 96.00 1,145.30 - - - - - - 1,049.30 96.00 1,145.30 12-Apr Thursday 686.60 110.40 797.00 - - - - - - 686.60 110.40 797.00 13-Apr Friday 745.50 89.60 835.10 - - - - - - 745.50 89.60 835.10 14-Apr Saturday - - - 342.10 40.70 382.80 - - - 342.10 40.70 382.80 15-Apr Sunday - - - - - - 407.20 52.90 460.10 407.20 52.90 460.10 16-Apr Monday 746.50 81.70 828.20 - - - - - - 746.50 81.70 828.20 17-Apr Tuesday 894.20 109.10 1,003.30 - - - - - - 894.20 109.10 1,003.30 18-Apr Wednesday 969.50 98.10 1,067.60 - - - - - - 969.50 98.10 1,067.60 19-Apr Thursday 829.10 109.50 938.60 - - - - - - 829.10 109.50 938.60 20-Apr Friday 826.00 81.20 907.20 - - - - - - 826.00 81.20 907.20 21-Apr Saturday - - - 274.00 37.70 311.70 - - - 274.00 37.70 311.70 22-Apr Sunday - - - - - - 423.60 57.20 480.80 423.60 57.20 480.80 23-Apr Monday 744.50 87.50 832.00 - - - - - - 744.50 87.50 832.00 24-Apr Tuesday 909.00 110.20 1,019.20 - - - - - - 909.00 110.20 1,019.20 25-Apr Wednesday 894.00 105.20 999.20 - - - - - - 894.00 105.20 999.20 26-Apr Thursday 740.60 100.00 840.60 - - - - - - 740.60 100.00 840.60 27-Apr Friday 781.40 95.50 876.90 - - - - - - 781.40 95.50 876.90 28-Apr Saturday - - - 345.60 47.70 393.30 - - - 345.60 47.70 393.30 29-Apr Sunday - - - - - - 369.50 48.00 417.50 369.50 48.00 417.50 30-Apr Monday 802.20 78.20 880.40 - - - - - - 802.20 78.20 880.40 1-May Tuesday - - - - - - - - - - - -
17,458.70 2,078.70 19,537.40 1,372.20 164.50 1,536.70 1,865.90 249.10 2,115.00 20,696.80 2,492.30 23,189.10 Totals M-F Miles Saturday Miles Sunday Miles
Altadena / LA County / San Marino / Pasadena Dial-A-Ride Total Revenue / Dead Miles
April 2018
Totals
M-F Revenue Saturday Revenue Sunday Revenue Total
Miles Miles Miles Miles
1-Apr Sunday - - 15.40 15.40 2-Apr Monday - - - - 3-Apr Tuesday 11.60 - - 11.60 4-Apr Wednesday 26.50 - - 26.50 5-Apr Thursday - - - - 6-Apr Friday 3.30 - - 3.30 7-Apr Saturday - - - - 8-Apr Sunday - - - - 9-Apr Monday 14.00 - - 14.00 10-Apr Tuesday 5.00 - - 5.00 11-Apr Wednesday - - - - 12-Apr Thursday 7.90 - - 7.90 13-Apr Friday 7.00 - - 7.00 14-Apr Saturday - - - - 15-Apr Sunday - - 17.40 17.40 16-Apr Monday 12.00 - - 12.00 17-Apr Tuesday - - - - 18-Apr Wednesday 10.50 - - 10.50 19-Apr Thursday 35.20 - - 35.20 20-Apr Friday 5.30 - - 5.30 21-Apr Saturday - - - - 22-Apr Sunday - - 17.60 17.60 23-Apr Monday 26.50 - - 26.50 24-Apr Tuesday - - - - 25-Apr Wednesday 12.30 - - 12.30 26-Apr Thursday 18.20 - - 18.20 27-Apr Friday 3.00 - - 3.00 28-Apr Saturday - - - - 29-Apr Sunday - - 15.40 15.40 30-Apr Monday 26.80 - - 26.80 1-May Tuesday - - - - 225.10 - 65.80 290.90 LA County Dial-A-Ride
Revenue Miles
April 2018
Totals
Date Day
Revenue Dead Total Revenue Dead Total Revenue Dead Total Revenue Dead Rev/Dead 1-Apr Sunday 0.00 0.00 - - - - 245.30 41.00 286.30 245.30 41.00 286.30 2-Apr Monday 595.60 86.80 682.40 - - - - - - 595.60 86.80 682.40 3-Apr Tuesday 763.30 120.90 884.20 - - - - - - 763.30 120.90 884.20 4-Apr Wednesday 703.90 116.90 820.80 - - - - - - 703.90 116.90 820.80 5-Apr Thursday 760.10 101.10 861.20 - - - - - - 760.10 101.10 861.20 6-Apr Friday 672.20 99.50 771.70 - - - - - - 672.20 99.50 771.70 7-Apr Saturday 0.00 0.00 - 353.80 38.40 392.20 - - - 353.80 38.40 392.20 8-Apr Sunday 0.00 0.00 - - - - 287.00 50.00 337.00 287.00 50.00 337.00 9-Apr Monday 633.50 82.20 715.70 - - - - - - 633.50 82.20 715.70 10-Apr Tuesday 697.50 119.10 816.60 - - - - - - 697.50 119.10 816.60 11-Apr Wednesday 857.70 96.00 953.70 - - - - - - 857.70 96.00 953.70 12-Apr Thursday 595.40 110.40 705.80 - - - - - - 595.40 110.40 705.80 13-Apr Friday 612.40 89.60 702.00 - - - - - - 612.40 89.60 702.00 14-Apr Saturday 0.00 0.00 - 310.30 40.70 351.00 - - - 310.30 40.70 351.00 15-Apr Sunday 0.00 0.00 - - - - 351.60 52.90 404.50 351.60 52.90 404.50 16-Apr Monday 635.70 81.70 717.40 - - - - - - 635.70 81.70 717.40 17-Apr Tuesday 665.90 109.10 775.00 - - - - - - 665.90 109.10 775.00 18-Apr Wednesday 767.40 98.10 865.50 - - - - - - 767.40 98.10 865.50 19-Apr Thursday 683.20 109.50 792.70 - - - - - - 683.20 109.50 792.70 20-Apr Friday 688.60 81.20 769.80 - - - - - - 688.60 81.20 769.80 21-Apr Saturday 0.00 0.00 - 239.40 37.70 277.10 - - - 239.40 37.70 277.10 22-Apr Sunday 0.00 0.00 - - - - 344.50 57.20 401.70 344.50 57.20 401.70 23-Apr Monday 614.00 87.50 701.50 - - - - - - 614.00 87.50 701.50 24-Apr Tuesday 774.10 110.20 884.30 - - - - - - 774.10 110.20 884.30 25-Apr Wednesday 742.10 105.20 847.30 - - - - - - 742.10 105.20 847.30 26-Apr Thursday 607.37 100.00 707.37 - - - - - - 607.37 100.00 707.37 27-Apr Friday 624.70 95.50 720.20 - - - - - - 624.70 95.50 720.20 28-Apr Saturday 0.00 0.00 - 298.70 47.70 346.40 - - - 298.70 47.70 346.40 29-Apr Sunday 0.00 0.00 - - - - 291.40 48.00 339.40 291.40 48.00 339.40 30-Apr Monday 660.00 78.20 738.20 - - - - - - 660.00 78.20 738.20 1-May Tuesday 0.00 0.00 - - - - - - - - - -
14354.67 2078.70 16,433.37 1,202.20 164.50 1,366.70 1,519.80 249.10 1,768.90 17,076.67 2,492.30 19,568.97 Totals M-F Miles Saturday Miles Sunday Miles
Pasadena Dial-A-Ride
Revenue Miles
April 2018
Total Miles
Date Day
M-F Revenue Saturday Revenue Sunday Revenue Total
Miles Miles Miles Miles
1-Apr Sunday - - - - 2-Apr Monday 6.10 - - 6.10 3-Apr Tuesday 18.20 - - 18.20 4-Apr Wednesday 12.20 - - 12.20 5-Apr Thursday 8.10 - - 8.10 6-Apr Friday 7.00 - - 7.00 7-Apr Saturday - - - - 8-Apr Sunday - - - - 9-Apr Monday 4.00 - - 4.00 10-Apr Tuesday 10.30 - - 10.30 11-Apr Wednesday 6.60 - - 6.60 12-Apr Thursday - - - - 13-Apr Friday 26.20 - - 26.20 14-Apr Saturday - - - - 15-Apr Sunday - - - - 16-Apr Monday 8.30 - - 8.30 17-Apr Tuesday 11.00 - - 11.00 18-Apr Wednesday 14.00 - - 14.00 19-Apr Thursday 9.00 - - 9.00 20-Apr Friday 5.80 - - 5.80 21-Apr Saturday - - - - 22-Apr Sunday - - - - 23-Apr Monday - - - - 24-Apr Tuesday 12.50 - - 12.50 25-Apr Wednesday 8.90 - - 8.90 26-Apr Thursday 5.00 - - 5.00 27-Apr Friday 13.80 - - 13.80 28-Apr Saturday - - - - 29-Apr Sunday - - - - 30-Apr Monday 3.00 - - 3.00 1-May Tuesday - - - - 190.00 - - 190.00 Totals Date Day
San Marino Dial-A-Ride
Revenue Miles
April 2018
M-F Revenue Saturday Revenue Sunday Revenue Total
Miles Miles Miles Miles
1-Apr Sunday - - 70.50 70.50 2-Apr Monday 102.00 - - 102.00 3-Apr Tuesday 134.90 - - 134.90 4-Apr Wednesday 192.60 - - 192.60 5-Apr Thursday 91.50 - - 91.50 6-Apr Friday 80.30 - - 80.30 7-Apr Saturday - 56.70 - 56.70 8-Apr Sunday - - 47.40 47.40 9-Apr Monday 99.50 - - 99.50 10-Apr Tuesday 187.10 - - 187.10 11-Apr Wednesday 185.00 - - 185.00 12-Apr Thursday 83.30 - - 83.30 13-Apr Friday 99.90 - - 99.90 14-Apr Saturday - 31.80 - 31.80 15-Apr Sunday - - 38.20 38.20 16-Apr Monday 90.50 - - 90.50 17-Apr Tuesday 217.30 - - 217.30 18-Apr Wednesday 177.60 - - 177.60 19-Apr Thursday 101.70 - - 101.70 20-Apr Friday 126.30 - - 126.30 21-Apr Saturday - 34.60 - 34.60 22-Apr Sunday - - 61.50 61.50 23-Apr Monday 104.00 - - 104.00 24-Apr Tuesday 122.40 - - 122.40 25-Apr Wednesday 130.70 - - 130.70 26-Apr Thursday 110.03 - - 110.03 27-Apr Friday 139.90 - - 139.90 28-Apr Saturday - 46.90 - 46.90 29-Apr Sunday - - 62.70 62.70 30-Apr Monday 112.40 - - 112.40 1-May Tuesday - - - - 2,688.93 170.00 280.30 3,139.23 Totals Date Day
Altadena Dial-A-Ride
Revenue Miles
April 2018
Revenue Dead Total Revenue Dead Total Revenue Dead Total Revenue Dead Total 1-Apr Sunday - - - - - - 29.93 3.37 33.30 29.93 3.37 33.30 2-Apr Monday 70.82 5.93 76.75 - - - - - - 70.82 5.93 76.75 3-Apr Tuesday 82.61 6.27 88.88 - - - - - - 82.61 6.27 88.88 4-Apr Wednesday 84.83 7.68 92.51 - - - - - - 84.83 7.68 92.51 5-Apr Thursday 83.72 8.32 92.04 - - - - - - 83.72 8.32 92.04 6-Apr Friday 70.35 6.58 76.93 - - - - - - 70.35 6.58 76.93 7-Apr Saturday - - - 33.95 2.86 36.81 - - - 33.95 2.86 36.81 8-Apr Sunday - - - - - - 31.20 2.97 34.17 31.20 2.97 34.17 9-Apr Monday 72.59 5.76 78.35 - - - - - - 72.59 5.76 78.35 10-Apr Tuesday 81.95 8.22 90.17 - - - - - - 81.95 8.22 90.17 11-Apr Wednesday 87.87 6.68 94.55 - - - - - - 87.87 6.68 94.55 12-Apr Thursday 81.47 8.46 89.93 - - - - - - 81.47 8.46 89.93 13-Apr Friday 72.45 5.30 77.75 - - - - - - 72.45 5.30 77.75 14-Apr Saturday - - - 30.14 2.89 33.03 - - - 30.14 2.89 33.03 15-Apr Sunday - - - - - - 32.24 3.18 35.42 32.24 3.18 35.42 16-Apr Monday 70.37 6.09 76.46 - - - - - - 70.37 6.09 76.46 17-Apr Tuesday 85.28 8.05 93.33 - - - - - - 85.28 8.05 93.33 18-Apr Wednesday 84.96 7.14 92.10 - - - - - - 84.96 7.14 92.10 19-Apr Thursday 83.29 7.45 90.74 - - - - - - 83.29 7.45 90.74 20-Apr Friday 72.87 6.38 79.25 - - - - - - 72.87 6.38 79.25 21-Apr Saturday - - - 28.89 3.09 31.98 - - - 28.89 3.09 31.98 22-Apr Sunday - - - - - - 33.31 3.47 36.78 33.31 3.47 36.78 23-Apr Monday 70.41 6.91 77.32 - - - - - - 70.41 6.91 77.32 24-Apr Tuesday 84.71 7.70 92.41 - - - - - - 84.71 7.70 92.41 25-Apr Wednesday 84.56 8.02 92.58 - - - - - - 84.56 8.02 92.58 26-Apr Thursday 83.79 7.47 91.26 - - - - - - 83.79 7.47 91.26 27-Apr Friday 70.24 7.19 77.43 - - - - - - 70.24 7.19 77.43 28-Apr Saturday - - - 30.64 3.31 33.95 - - - 30.64 3.31 33.95 29-Apr Sunday - - - - - - 29.90 3.79 33.69 29.90 3.79 33.69 30-Apr Monday 71.44 6.07 77.51 - - - - - - 71.44 6.07 77.51 1-May Tuesday - - - - - - - - - - - -
1,650.58 147.67 1,798.25 123.62 12.15 135.77 156.58 16.78 173.36 1,930.78 176.60 2,107.38 Altadena / LA County / San Marino / Pasadena Dial-A-Ride Total Revenue / Dead Hours
April 2018
Totals
Totals
Date Day
M-F Hours Saturday Hours Sunday Hours
M-F Revenue Saturday Revenue Sunday Revenue Total Revenue Hours Hours Hours Hours
1-Apr Sunday - - 5.62 5.62 2-Apr Monday 8.00 - - 8.00 3-Apr Tuesday 8.96 - - 8.96 4-Apr Wednesday 11.74 - - 11.74 5-Apr Thursday 7.00 - - 7.00 6-Apr Friday 6.64 - - 6.64 7-Apr Saturday - 3.81 - 3.81 8-Apr Sunday - - 2.59 2.59 9-Apr Monday 7.89 - - 7.89 10-Apr Tuesday 14.87 - - 14.87 11-Apr Wednesday 11.62 - - 11.62 12-Apr Thursday 6.53 - - 6.53 13-Apr Friday 8.32 - - 8.32 14-Apr Saturday - 3.44 - 3.44 15-Apr Sunday - - 2.82 2.82 16-Apr Monday 7.29 - - 7.29 17-Apr Tuesday 15.05 - - 15.05 18-Apr Wednesday 11.91 - - 11.91 19-Apr Thursday 6.70 - - 6.70 20-Apr Friday 7.93 - - 7.93 21-Apr Saturday - 2.16 - 2.16 22-Apr Sunday - - 4.32 4.32 23-Apr Monday 7.52 - - 7.52 24-Apr Tuesday 8.77 - - 8.77 25-Apr Wednesday 8.32 - - 8.32 26-Apr Thursday 7.89 - - 7.89 27-Apr Friday 9.41 - - 9.41 28-Apr Saturday - 2.96 - 2.96 29-Apr Sunday - - 4.76 4.76 30-Apr Monday 6.09 - - 6.09 1-May Tuesday - - - - 188.45 12.37 20.11 220.93 Totals Date Day
Altadena Dial-A-Ride
Revenue Hours
April 2018
Revenue Dead Total Revenue Dead Total Revenue Dead Total Revenue Dead Total 1-Apr Sunday - - - - - - 24.31 3.37 27.68 24.31 3.37 27.68 2-Apr Monday 62.82 5.93 68.75 - - - - - - 62.82 5.93 68.75 3-Apr Tuesday 73.65 6.27 79.92 - - - - - - 73.65 6.27 79.92 4-Apr Wednesday 73.09 7.68 80.77 - - - - - - 73.09 7.68 80.77 5-Apr Thursday 76.72 8.32 85.04 - - - - - - 76.72 8.32 85.04 6-Apr Friday 63.71 6.58 70.29 - - - - - - 63.71 6.58 70.29 7-Apr Saturday - - - 30.14 2.86 33.00 - - - 30.14 2.86 33.00 8-Apr Sunday - - - - - - 28.61 2.97 31.58 28.61 2.97 31.58 9-Apr Monday 64.70 5.76 70.46 - - - - - - 64.70 5.76 70.46 10-Apr Tuesday 67.08 8.22 75.30 - - - - - - 67.08 8.22 75.30 11-Apr Wednesday 76.25 6.68 82.93 - - - - - - 76.25 6.68 82.93 12-Apr Thursday 74.94 8.46 83.40 - - - - - - 74.94 8.46 83.40 13-Apr Friday 64.13 5.30 69.43 - - - - - - 64.13 5.30 69.43 14-Apr Saturday - - - 26.70 2.89 29.59 - - - 26.70 2.89 29.59 15-Apr Sunday - - - - - - 29.42 3.18 32.60 29.42 3.18 32.60 16-Apr Monday 63.08 6.09 69.17 - - - - - - 63.08 6.09 69.17 17-Apr Tuesday 70.23 8.05 78.28 - - - - - - 70.23 8.05 78.28 18-Apr Wednesday 73.05 7.14 80.19 - - - - - - 73.05 7.14 80.19 19-Apr Thursday 76.59 7.45 84.04 - - - - - - 76.59 7.45 84.04 20-Apr Friday 64.94 6.38 71.32 - - - - - - 64.94 6.38 71.32 21-Apr Saturday - - - 26.73 3.09 29.82 - - - 26.73 3.09 29.82 22-Apr Sunday - - - - - - 28.99 3.47 32.46 28.99 3.47 32.46 23-Apr Monday 62.89 6.91 69.80 - - - - - - 62.89 6.91 69.80 24-Apr Tuesday 75.94 7.70 83.64 - - - - - - 75.94 7.70 83.64 25-Apr Wednesday 76.24 8.02 84.26 - - - - - - 76.24 8.02 84.26 26-Apr Thursday 75.90 7.47 83.37 - - - - - - 75.90 7.47 83.37 27-Apr Friday 60.83 7.19 68.02 - - - - - - 60.83 7.19 68.02 28-Apr Saturday - - - 27.68 3.31 30.99 - - - 27.68 3.31 30.99 29-Apr Sunday - - - - - - 25.14 3.79 28.93 25.14 3.79 28.93 30-Apr Monday 65.35 6.07 71.42 - - - - - - 65.35 6.07 71.42 1-May Tuesday - - - - - - - - - - - -
1,462.13 147.67 1,609.80 111.25 12.15 123.40 136.47 16.78 153.25 1,709.85 176.60 1,886.45 Pasadena Dial-A-Ride
Revenue / Dead Hours
April 2018
Totals
Totals
Date Day
M-F Hours Saturday Hours Sunday Hours

M-F Saturday Sunday Total Total Total Total
Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - 84 6 90 6 96 2-Apr Monday 267 - - 8 275 6 281 3-Apr Tuesday 306 - - 8 314 16 330 4-Apr Wednesday 309 - - 6 315 11 326 5-Apr Thursday 267 - - 15 282 18 300 6-Apr Friday 255 - - 4 259 5 264 7-Apr Saturday - 77 - 6 83 4 87 8-Apr Sunday - - 82 2 84 7 91 9-Apr Monday 276 - - 9 285 8 293 10-Apr Tuesday 341 - - 15 356 22 378 11-Apr Wednesday 322 - - 4 326 11 337 12-Apr Thursday 266 - - 7 273 11 284 13-Apr Friday 279 - - 4 283 10 293 14-Apr Saturday - 63 - 6 69 3 72 15-Apr Sunday - - 93 2 95 9 104 16-Apr Monday 261 - - 4 265 8 273 17-Apr Tuesday 336 - - 13 349 16 365 18-Apr Wednesday 327 - - 6 333 12 345 19-Apr Thursday 288 - - 7 295 13 308 20-Apr Friday 333 - - 9 342 15 357 21-Apr Saturday - 70 - 5 75 8 83 22-Apr Sunday - - 93 7 100 10 110 23-Apr Monday 269 - - 7 276 14 290 24-Apr Tuesday 339 - - 15 354 18 372 25-Apr Wednesday 243 - - 6 249 12 261 26-Apr Thursday 279 - - 9 288 16 304 27-Apr Friday 313 - - 4 317 11 328 28-Apr Saturday - 88 - 6 94 18 112 29-Apr Sunday - - 95 2 97 12 109 30-Apr Monday 292 - - 10 302 6 308 1-May Tuesday - - - - - - - 6,168 298 447 212 7,125 336 7,461 Totals Altadena / LA County / Pasadena / San Marino Dial-A-Ride Total Daily Ridership
April 2018

M-F Sat Sun Total Total Total Total
Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - - - - - - 2-Apr Monday 2 - - - 2 - 2 3-Apr Tuesday 6 - - - 6 - 6 4-Apr Wednesday 5 - - - 5 - 5 5-Apr Thursday 3 - - - 3 - 3 6-Apr Friday 2 - - - 2 - 2 7-Apr Saturday - - - - - - - 8-Apr Sunday - - - - - - - 9-Apr Monday 1 - - - 1 - 1 10-Apr Tuesday 4 - - - 4 - 4 11-Apr Wednesday 2 - - - 2 - 2 12-Apr Thursday - - - - - - - 13-Apr Friday 6 - - - 6 - 6 14-Apr Saturday - - - - - - - 15-Apr Sunday - - - - - - - 16-Apr Monday 3 - - - 3 - 3 17-Apr Tuesday 4 - - - 4 - 4 18-Apr Wednesday 4 - - - 4 - 4 19-Apr Thursday 3 - - - 3 - 3 20-Apr Friday 4 - - - 4 - 4 21-Apr Saturday - - - - - - - 22-Apr Sunday - - - - - - - 23-Apr Monday - - - - - - - 24-Apr Tuesday 4 - - - 4 - 4 25-Apr Wednesday 3 - - - 3 - 3 26-Apr Thursday 2 - - - 2 - 2 27-Apr Friday 4 - - - 4 - 4 28-Apr Saturday - - - - - - - 29-Apr Sunday - - - - - - - 30-Apr Monday 1 - - - 1 - 1 1-May Tuesday - - - - - - - 63 - - - 63 - 63 Totals San Marino
Total Daily Ridership
April 2018
M-F Saturday Sunday Total Total Total Total
Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - 20 1 21 1 22 2-Apr Monday 31 - - - 31 - 31 3-Apr Tuesday 34 - - 2 36 5 41 4-Apr Wednesday 44 - - - 44 - 44 5-Apr Thursday 26 - - 4 30 3 33 6-Apr Friday 28 - - - 28 - 28 7-Apr Saturday - 11 - - 11 - 11 8-Apr Sunday - - 17 - 17 2 19 9-Apr Monday 32 - - - 32 - 32 10-Apr Tuesday 48 - - 1 49 3 52 11-Apr Wednesday 45 - - - 45 - 45 12-Apr Thursday 26 - - - 26 - 26 13-Apr Friday 31 - - - 31 2 33 14-Apr Saturday - 9 - - 9 - 9 15-Apr Sunday - - 17 - 17 2 19 16-Apr Monday 30 - - - 30 - 30 17-Apr Tuesday 54 - - 3 57 6 63 18-Apr Wednesday 45 - - - 45 - 45 19-Apr Thursday 31 - - 1 32 - 32 20-Apr Friday 36 - - - 36 - 36 21-Apr Saturday - 11 - - 11 - 11 22-Apr Sunday - - 22 - 22 2 24 23-Apr Monday 31 - - - 31 1 32 24-Apr Tuesday 38 - - 1 39 3 42 25-Apr Wednesday 33 - - - 33 1 34 26-Apr Thursday 33 - - 1 34 - 34 27-Apr Friday 36 - - - 36 1 37 28-Apr Saturday - 13 - - 13 1 14 29-Apr Sunday - - 25 - 25 4 29 30-Apr Monday 33 - - - 33 - 33 1-May Tuesday - - - - - - - 745 44 101 14 904 37 941 Totals Altadena Dial-A-Ride
Total Daily Ridership
April 2018

M-F Sat Sun Total Total Total Total
Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - 62 5 67 5 72 2-Apr Monday 234 - - 8 242 6 248 3-Apr Tuesday 264 - - 4 268 11 279 4-Apr Wednesday 256 - - 4 260 11 271 5-Apr Thursday 238 - - 11 249 15 264 6-Apr Friday 224 - - 4 228 5 233 7-Apr Saturday - 66 - 6 72 4 76 8-Apr Sunday - - 65 2 67 5 72 9-Apr Monday 239 - - 9 248 8 256 10-Apr Tuesday 288 - - 14 302 19 321 11-Apr Wednesday 275 - - 4 279 11 290 12-Apr Thursday 239 - - 7 246 11 257 13-Apr Friday 241 - - 4 245 8 253 14-Apr Saturday - 54 - 6 60 3 63 15-Apr Sunday - - 74 2 76 7 83 16-Apr Monday 226 - - 4 230 8 238 17-Apr Tuesday 278 - - 10 288 10 298 18-Apr Wednesday 274 - - 6 280 12 292 19-Apr Thursday 246 - - 6 252 13 265 20-Apr Friday 289 - - 9 298 15 313 21-Apr Saturday - 59 - 5 64 8 72 22-Apr Sunday - - 69 7 76 8 84 23-Apr Monday 232 - - 7 239 13 252 24-Apr Tuesday 297 - - 14 311 15 326 25-Apr Wednesday 205 - - 6 211 11 222 26-Apr Thursday 240 - - 8 248 16 264 27-Apr Friday 272 - - 4 276 10 286 28-Apr Saturday - 75 - 6 81 17 98 29-Apr Sunday - - 68 2 70 8 78 30-Apr Monday 252 - - 10 262 6 268 1-May Tuesday - - - - - - - 5,309 254 338 194 6,095 299 6,394 Totals Pasadena Dial-A-Ride
Total Daily Ridership
April 2018
M-F Saturday Sunday Total Total Total Total
Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - 2 - 2 - 2 2-Apr Monday - - - - - - - 3-Apr Tuesday 2 - - 2 4 - 4 4-Apr Wednesday 4 - - 2 6 - 6 5-Apr Thursday - - - - - - - 6-Apr Friday 1 - - - 1 - 1 7-Apr Saturday - - - - - - - 8-Apr Sunday - - - - - - - 9-Apr Monday 4 - - - 4 - 4 10-Apr Tuesday 1 - - - 1 - 1 11-Apr Wednesday - - - - - - - 12-Apr Thursday 1 - - - 1 - 1 13-Apr Friday 1 - - - 1 - 1 14-Apr Saturday - - - - - - - 15-Apr Sunday - - 2 - 2 - 2 16-Apr Monday 2 - - - 2 - 2 17-Apr Tuesday - - - - - - - 18-Apr Wednesday 4 - - - 4 - 4 19-Apr Thursday 8 - - - 8 - 8 20-Apr Friday 4 - - - 4 - 4 21-Apr Saturday - - - - - - - 22-Apr Sunday - - 2 - 2 - 2 23-Apr Monday 6 - - - 6 - 6 24-Apr Tuesday - - - - - - - 25-Apr Wednesday 2 - - - 2 - 2 26-Apr Thursday 4 - - - 4 - 4 27-Apr Friday 1 - - - 1 - 1 28-Apr Saturday - - - - - - - 29-Apr Sunday - - 2 - 2 - 2 30-Apr Monday 6 - - - 6 - 6 1-May Tuesday - - - - - - - 51 - 8 4 63 - 63 Totals Total Daily Ridership
April 2018
LA County
Route 88
DEPOSIT DATE: TOTAL DEPOSIT TOTAL
4/16/2018 $394.60 $394.60
4/23/2018 $116.41 $116.41
4/30/2018 $260.50 $260.50

TOTAL TRANSIT TOTAL DAR TOTAL
$771.51 $0.00 $771.51

PASADENA ROUTE 88 TRANSIT TO TRAIL

FARE BOX COLLECTION
April 2018
Apr-18
4/16/2018
> > > > > 394.60$
> > > > > -$

DEPOSIT DATE
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(ROUTE 88)
TOTAL DEPOSIT:

Apr-18
4/23/2018
> > > > > 116.41$
> > > > > -$

DEPOSIT DATE
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(ROUTE 88)
TOTAL DEPOSIT:

Apr-18
4/30/2018
> > > > > 260.50$
> > > > > -$

DEPOSIT DATE
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(ROUTE 88)
TOTAL DEPOSIT:

Fixed Route Dial A Ride
DEPOSIT DATE: TOTAL DEPOSIT TOTAL DEPOSIT TOTAL
4/2/2018 $6,800.59 $376.95 $7,177.54
4/5/2018 $6,878.63 $1,301.07 $8,179.70
4/10/2018 $5,334.52 $1,060.00 $6,394.52
4/13/2018 $4,091.21 $155.74 $4,246.95
4/16/2018 $2,391.18 $151.28 $2,542.46
4/23/2018 $11,982.81 $1,576.96 $13,559.77
4/25/2018 $5,359.89 $159.79 $5,519.68
4/30/2018 $7,094.73 $304.15 $7,398.88

TOTAL TRANSIT TOTAL DAR TOTAL
$49,933.56 $5,085.94 $55,019.50

PASADENA TRANSIT & DIAL-A-RIDE

FARE BOX COLLECTION
April 2018
Apr-18
4/2/2018
> > > > > 6,800.59$
> > > > > 376.95$

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/5/2018
> > > > > 6,878.63$
> > > > > 1,301.07$

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/10/2018
> > > > > 5,334.52$
> > > > > 1,060.00$

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/13/2018
> > > > > 4,091.21$
> > > > > 155.74$

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/16/2018
> > > > > 2,391.18$
> > > > > 151.28$

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/23/2018
> > > > > 11,982.81$
> > > > > 1,576.96$

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/25/2018
> > > > > 5,359.89$
> > > > > 159.79$

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/30/2018

> > > > > 7,094.73$
> > > > > 304.15$

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Time Time Elapsed Decimal Number Road
Driver Route / Vehicle Vehicle Down Down Missed Call Safety & Date Name Manifest Bus # Location & Direction Down Up Time Time Reported Problem / Solution Trips (Yes/No) Accident Security 4/2/2018 O Marquez 20-3c 3298 NB Fair Oaks/Woodbury 2:45 PM 3:32 PM 0:47 0.78 Human waste on bus. Switched buses, went to timepoint. 2 4/7/2018 M Prieto 88 3375 NB Sam Merril Trail 4:22 PM 5:22 PM 1:00 1.00 Ended Rt early. Did a sweep of the area. 2 4/13/2018 R Vazquez 20-1 c 3297 NB Raymond/Green 6:14 PM 7:12 PM 0:58 0.97 Customer fell off bus. Paramedics called. Rd supervisor finished route. 2 x
4/14/2018 H Marshall 20-1 c 3219 NB Marengo/Villa 7:09 PM 7:40 PM 0:31 0.52 Customer bled on bus. Switched buses. 1 4/16/2018 J Nguyen 20-3 c 3219 SB lake/Rio Grande 6:29 AM 6:52 AM 0:23 0.38 Stalling, no start.Switched buses. 1 x 4/17/2018 A Rodriguez 20-2 c 3217 NB Fair Oaks/Woodbury 7:35 AM 8:32 AM 0:57 0.95 Check engine light and buzzer on. Switched buses, went
to time point 2 x
4/17/2018 A Rodriguez 20-1 c 3298 NB Del Mar Station 12:23 PM 13:35 PM 1:12 1.20 Check engine light and stop engine light on. Switched
buses, went to time point 2 x
4/19/2018 M Corral 20-1 cc 3295 WB Woodbury/Raymond 3:01 PM 3:44 PM 0:43 0.72 Bus is stalling. Switched buses, went to time point. 1 x 4/24/2018 L McAdoo 905 3360 WB Villa/lake 1:55 PM 1:55 PM 0:00 0.00 Bus rear ended vehicle. Vehicle left scene. We went back in service. 0 x
4/28/2018 G Vasquez 906 3363 Lincoln/Montana 12:45 PM 12:45 PM 0:00 0.00 Truck hit rear of bus. Kept in service. 0 x 0:00
0:00
0:00
0:00
0:00
0:00
0:00
0:00
0:00
0:00 0
0:00
0:00
0:00
0:00
0:00
13 6:31 6.52

6.52 11 0 0 0
4 Total Dial-A-Ride Road Calls: 0
1 Total Dial-A-Ride Accidents: 2
(Check "X" all that apply)
Total Pasadena Transit Road Calls
Total Pasadena Transit Missed Trips
Total Pasadena Transit Lost Revenue Time
FIRST TRANSIT, INC.

PASADENA TRANSIT & DIAL-A-RIDE

MONTHLY SERVICE REPORT
April 2018
Total Pasadena Transit Accidents

Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
10-1 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.25 5.00 8.30 13.62 8.30 291.27 2893.80 16.00 105.00 5.25 2788.80 286.02 SATURDAY 4 DAYS 0.25 5.00 8.30 9.22 8.30 37.88 369.60 10.53 20.00 1.00 349.60 36.88 MISSED SERVICE 0.00 0.00 0.00 0.00
329.15 3263.40 125.00 6.25 3138.40 322.90
10-2 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.40 6.40 8.30 13.00 8.30 281.40 2736.70 14.93 134.40 8.40 2602.30 273.00 SATURDAY 4 DAYS 0.40 6.40 8.30 8.82 8.30 36.88 355.28 9.93 25.60 1.60 329.68 35.28 MISSED SERVICE 0.00 0.00 0.00 0.00
318.28 3091.98 160.00 10.00 2931.98 308.28
10-3 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.40 6.40 8.30 14.05 8.30 303.45 2992.92 16.40 134.40 8.40 2858.52 295.05 SATURDAY 4 DAYS 0.40 6.40 8.19 9.22 8.19 38.48 370.89 10.54 25.60 1.60 345.29 36.88 MISSED SERVICE 0.00 0.00 0.00 0.00
341.93 3363.81 160.00 10.00 3203.81 331.93
TOTAL 876.12 8623.42 373.80 22.05 8249.62 854.07

0.00 0.00 0.00 0.00
TOTAL 113.24 1095.77 71.20 4.20 1024.57 109.04
TOTAL 989.36 9719.19 445.00 26.25 9274.19 963.11
MONDAY through FRIDAY

SATURDAY

Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
20-1C 4 OPERATING DAYS
WEEKDAYS 0 DAYS 0.42 6.50 9.90 14.32 9.90 0.00 0.00 13.81 0.00 0.00 0.00 0.00 SATURDAY 4 DAYS 0.42 6.50 9.90 8.72 9.90 36.56 369.33 8.67 26.00 1.68 343.33 34.88 MISSED SERVICE (2.69) (26.63) (26.63) (2.69)

33.87 342.70 26.00 1.68 316.70 32.19
20-1C (JARC) 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.42 6.50 9.90 14.25 9.90 308.07 2899.49 13.29 136.50 8.82 2762.99 299.25 SATURDAY 0 DAYS 0.42 6.50 9.90 8.72 9.90 0.00 0.00 8.67 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00
308.07 2899.49 136.50 8.82 2762.99 299.25
20-2C 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.38 5.90 9.90 13.90 9.90 299.88 2826.60 13.00 123.90 7.98 2702.70 291.90 SATURDAY 4 DAYS 0.38 5.90 9.90 8.98 9.90 37.44 380.00 9.00 23.60 1.52 356.40 35.92 MISSED SERVICE (0.95) (9.41) (9.41) (0.95)
336.37 3197.19 147.50 9.50 3049.69 326.87
20-3C 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.38 5.90 9.90 14.30 9.90 308.28 2930.55 13.50 123.90 7.98 2806.65 300.30 SATURDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE (1.16) (11.48) (11.48) (1.16)
307.12 2919.07 123.90 7.98 2795.17 299.14
TOTAL 308.07 2899.49 136.50 8.82 2762.99 299.25

0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 308.07 2899.49 136.50 8.82 2762.99 299.25
TOTAL 608.16 5757.15 247.80 15.96 5509.35 592.20
(4.80) (47.52) (47.52) (4.80)
TOTAL 74.00 749.33 49.60 3.20 699.73 70.80
TOTAL 677.36 6458.96 297.40 19.16 6161.56 658.20
MONDAY through FRIDAY
MONDAY through FRIDAY

SATURDAY
JARC

SATURDAY
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
20-1CC 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.38 5.90 9.80 14.13 9.80 304.71 2799.30 13.00 123.90 7.98 2675.40 296.73 SATURDAY 4 DAYS 0.38 5.90 9.80 8.60 9.80 35.92 323.87 7.66 23.60 1.52 300.27 34.40 MISSED SERVICE (0.72) (7.06) (7.06) (0.72)
339.91 3116.11 147.50 9.50 2968.61 330.41
20-2CC 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.42 6.50 9.80 13.53 9.80 293.01 2606.10 12.00 136.50 8.82 2469.60 284.19 SATURDAY 4 DAYS 0.42 6.50 9.80 9.18 9.80 38.40 378.80 9.00 26.00 1.68 352.80 36.72 MISSED SERVICE 0.00 0.00 0.00 0.00
331.41 2984.90 162.50 10.50 2822.40 320.91
20-3CC 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.40 6.30 9.80 6.85 9.80 152.25 1367.10 6.00 132.30 8.40 1234.80 143.85 MISSED SERVICE 0.00 0.00 0.00 0.00
152.25 1367.10 132.30 8.40 1234.80 143.85
TOTAL 749.97 6772.50 392.70 25.20 6379.80 724.77
(0.72) (7.06) (7.06) (0.72)
TOTAL 74.32 702.67 49.60 3.20 653.07 71.12
TOTAL 823.57 7468.11 442.30 28.40 7025.81 795.17
20-3CC (JARC) 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.40 6.30 9.80 7.30 9.80 161.70 1572.90 7.00 132.30 8.40 1440.60 153.30

SATURDAY
MISSED SERVICE 0.00 0.00 0.00 0.00
161.70 1572.90 132.30 8.40 1440.60 153.30
TOTAL 161.70 1572.90 132.30 8.40 1440.60 153.30
MONDAY through FRIDAY

SATURDAY
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
31 25 OPERATING DAYS
EASTBOUND 21 DAYS 0.36 6.10 6.60 10.87 6.60 235.83 3038.70 21.00 128.10 7.56 2910.60 228.27 WESTBOUND 21 DAYS 0.36 6.10 7.00 10.00 7.00 217.56 2656.50 17.20 128.10 7.56 2528.40 210.00 SATURDAY 4 DAYS 0.36 6.10 13.30 9.68 13.30 40.16 528.20 9.47 24.40 1.44 503.80 38.72 MISSED SERVICE 0.00 0.00 0.00 0.00
493.55 6223.40 280.60 16.56 5942.80 476.99
TOTAL 493.55 6223.40 280.60 16.56 5942.80 476.99
31 (JARC) 21 OPERATING DAYS
EASTBOUND 21 DAYS 0.36 6.10 6.60 2.83 6.60 66.99 682.50 4.00 128.10 7.56 554.40 59.43 WESTBOUND 21 DAYS 0.36 6.10 7.00 2.00 7.00 49.56 696.99 3.87 128.10 7.56 568.89 42.00 SATURDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00
116.55 1379.49 256.20 15.12 1123.29 101.43
TOTAL 116.55 1379.49 256.20 15.12 1123.29 101.43
32 25 OPERATING DAYS
EASTBOUND 21 DAYS 0.35 6.00 5.70 7.92 5.70 173.67 2101.05 16.50 126.00 7.35 1975.05 166.32 WESTBOUND 21 DAYS 0.35 6.00 6.42 6.00 6.42 133.35 2078.19 14.48 126.00 7.35 1952.19 126.00 SATURDAY 4 DAYS 0.35 6.00 13.90 9.20 13.90 38.20 524.40 9.00 24.00 1.40 500.40 36.80 MISSED SERVICE 0.00 0.00 0.00 0.00
345.22 4703.64 276.00 16.10 4427.64 329.12
TOTAL 345.22 4703.64 276.00 16.10 4427.64 329.12
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
40-1 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.25 4.60 12.30 13.83 12.30 295.68 3330.52 12.52 96.60 5.25 3233.92 290.43 SATURDAY 4 DAYS 0.25 4.60 12.30 8.75 12.30 36.00 435.12 8.47 18.40 1.00 416.72 35.00 MISSED SERVICE 0.00 0.00 0.00 0.00
331.68 3765.64 115.00 6.25 3650.64 325.43
40-2 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.26 4.80 12.30 13.37 12.30 286.23 3200.40 12.00 100.80 5.46 3099.60 280.77 SATURDAY 4 DAYS 0.26 4.80 12.30 8.80 12.30 36.24 438.88 8.53 19.20 1.04 419.68 35.20 MISSED SERVICE 0.00 0.00 0.00 0.00
322.47 3639.28 120.00 6.50 3519.28 315.97
40-3 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.23 4.40 12.30 5.01 12.30 110.04 1247.00 4.47 92.40 4.83 1154.60 105.21 MISSED SERVICE 0.00 0.00 0.00 0.00
110.04 1247.00 92.40 4.83 1154.60 105.21
TOTAL 691.95 7777.92 289.80 15.54 7488.12 676.41

0.00 0.00
TOTAL 72.24 874.00 37.60 2.04 836.40 70.20
TOTAL 764.19 8651.92 327.40 17.58 8324.52 746.61
MONDAY through FRIDAY

SATURDAY
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
ROUTE
NUMBER
51 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.21 5.00 13.30 13.85 13.30 295.26 4001.24 13.95 105.00 4.41 3896.24 290.85 SATURDAY 4 DAYS 0.21 5.00 4.30 12.63 4.30 51.36 570.40 32.00 20.00 0.84 550.40 50.52 MISSED SERVICE 0.00 0.00 0.00 0.00
346.62 4571.64 125.00 5.25 4446.64 341.37
TOTAL 346.62 4571.64 125.00 5.25 4446.64 341.37
52 21 OPERATING DAYS

WEEKDAYS 21 DAYS 0.23 5.10 17.50 4.80 17.50 105.63 1389.68 3.49 107.10 4.83 1282.58 100.80 MISSED SERVICE 0.00 0.00 0.00 0.00
105.63 1389.68 107.10 4.83 1282.58 100.80
TOTAL 105.63 1389.68 107.10 4.83 1282.58 100.80
53 21 OPERATING DAYS

WEEKDAYS 21 DAYS 0.21 5.00 8.80 0.43 8.80 13.40 289.80 1.00 105.00 4.41 184.80 9.03 MISSED SERVICE 0.00 0.00 0.00 0.00

13.40 289.80 105.00 4.41 184.80 9.03
TOTAL 13.40 289.80 105.00 4.41 184.80 9.03
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
ROUTE
NUMBER
60 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.25 4.40 9.50 9.38 9.50 202.23 2486.40 12.00 92.40 5.25 2394.00 196.98 MISSED SERVICE 0.00 0.00 0.00 0.00
202.23 2486.40 92.40 5.25 2394.00 196.98
TOTAL 202.23 2486.40 92.40 5.25 2394.00 196.98
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
April 2018
Number of Days ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhea
d Miles
10 989.36 963.11 26.25 9,719.19 9,274.19 445.00 Weekdays 21 20-C 677.36 658.20 19.16 6,458.96 6,161.56 297.40 Saturdays 4 20-C (JARC) 308.07 299.25 8.82 2,899.49 2,762.99 136.50 Total Days 25 20-CC 823.57 795.17 28.40 7,468.11 7,025.81 442.30 20-CC (JARC) 161.70 153.30 8.40 1,572.90 1,440.60 132.30 31 493.55 476.99 16.56 6,223.40 5,942.80 280.60 31 (JARC) 116.55 101.43 15.12 1,379.49 1,123.29 256.20 32 345.22 329.12 16.10 4,703.64 4,427.64 276.00 40 764.19 746.61 17.58 8,651.92 8,324.52 327.40 51 346.62 341.37 5.25 4,571.64 4,446.64 125.00 52 105.63 100.80 4.83 1,389.68 1,282.58 107.10 53 13.40 9.03 4.41 289.80 184.80 105.00 60 202.23 196.98 5.25 2,486.40 2,394.00 92.40 5,347.45 5,171.36 176.13 57,814.62 54,791.42 3,023.20 Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours

MONDAY - FRIDAY
April 2018
ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhead
Miles
10 876.12 854.07 22.05 8,623.42 8,249.62 373.80 20-C 608.16 592.20 15.96 5,757.15 5,509.35 247.80 20-C (JARC) 308.07 299.25 8.82 2,899.49 2,762.99 136.50 20-CC 749.97 724.77 25.20 6,772.50 6,379.80 392.70 20-CC (JARC) 161.70 153.30 8.40 1,572.90 1,440.60 132.30 31 453.39 438.27 15.12 5,695.20 5,439.00 256.20 31 (JARC) 116.55 101.43 15.12 1,379.49 1,123.29 256.20 32 307.02 292.32 14.70 4,179.24 3,927.24 252.00 40 691.95 676.41 15.54 7,777.92 7,488.12 289.80 51 295.26 290.85 4.41 4,001.24 3,896.24 105.00 52 105.63 100.80 4.83 1,389.68 1,282.58 107.10 53 13.40 9.03 4.37 289.80 184.80 105.00 60 202.23 196.98 5.25 2,486.40 2,394.00 92.40 Missed Service (5.52) (5.52) - (54.58) (54.58) - 4,883.93 4,724.16 159.77 52,769.85 50,023.05 2,746.80 Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours

SATURDAY
April 2018
ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhead
Miles
10 113.24 109.04 4.20 1,095.77 1,024.57 71.20 20-C 74.00 70.80 3.20 749.33 699.73 49.60 20-C (JARC) - - - - - - 20-CC 74.32 71.12 3.20 702.67 653.07 49.60 20-CC (JARC) - - - - - - 31 40.16 38.72 1.44 528.20 503.80 24.40 31 (JARC) - - - - - - 32 38.20 36.80 1.40 524.40 500.40 24.00 40 72.24 70.20 2.04 874.00 836.40 37.60 51 51.36 50.52 0.84 570.40 550.40 20.00 52 - - - - - - 60 - - - - - - 463.52 447.20 16.32 5,044.77 4,768.37 276.40 Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours

GRAND TOTALS
April 2018
ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhead
Miles
10 989.36 963.11 26.25 9,719.19 9,274.19 445.00 20-C 682.16 663.00 19.16 6,506.48 6,209.08 297.40 20-C (JARC) 308.07 299.25 8.82 2,899.49 2,762.99 136.50 20-CC 824.29 795.89 28.40 7,475.17 7,032.87 442.30 20-CC (JARC) 161.70 153.30 8.40 1,572.90 1,440.60 132.30 31 493.55 476.99 16.56 6,223.40 5,942.80 280.60 31 (JARC) 116.55 101.43 15.12 1,379.49 1,123.29 256.20 32 345.22 329.12 16.10 4,703.64 4,427.64 276.00 40 764.19 746.61 17.58 8,651.92 8,324.52 327.40 51 346.62 341.37 5.25 4,571.64 4,446.64 125.00 52 105.63 100.80 4.83 1,389.68 1,282.58 107.10 53 13.40 9.03 4.37 289.80 184.80 105.00 60 202.23 196.98 5.25 2,486.40 2,394.00 92.40 Missed Service (5.52) (5.52) - (54.58) (54.58) - 5,347.45 5,171.36 176.09 57,814.62 54,791.42 3,023.20 54,010.42 52,247.38 1,763.04 583,999.89 553,889.10 30,110.79 Y.T.D.

Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
Route 88 - Bus 1 8 OPERATING DAYS
SATURDAY 4 DAYS 0.50 6.00 10.70 9.47 10.70 39.88 452.00 10.00 24.00 2.00 428.00 37.88 SUNDAY 4 DAYS 0.50 6.00 10.70 9.47 10.70 39.88 452.00 10.00 24.00 2.00 428.00 37.88 MISSED SERVICE 0.00 0.00 0.00 0.00

79.76 904.00 48.00 4.00 856.00 75.76
Route 88 - Bus 2 8 OPERATING DAYS
SATURDAY 4 DAYS 0.50 6.00 10.70 9.47 10.70 39.88 452.00 10.00 24.00 2.00 428.00 37.88 SUNDAY 4 DAYS 0.50 6.00 10.70 9.47 10.70 39.88 452.00 10.00 24.00 2.00 428.00 37.88 MISSED SERVICE (1.00) (10.70) (10.70) (1.00)

78.76 893.30 48.00 4.00 845.30 74.76
Route 88 - Extra Bus 1 OPERATING DAYS
SATURDAY 1 DAYS 0.50 6.00 10.70 3.79 10.70 4.29 48.80 4.00 6.00 0.50 42.80 3.79 SUNDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

4.29 48.80 6.00 0.50 42.80 3.79
TOTAL 84.05 952.80 54.00 4.50 898.80 79.55
(1.00) (10.70) (10.70) (1.00)
TOTAL 79.76 904.00 48.00 4.00 856.00 75.76
TOTAL 162.81 1846.10 102.00 8.50 1744.10 154.31

SATURDAY
SUNDAY

Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
20-1C 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.42 6.50 9.90 14.32 9.90 0.00 0.00 13.81 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.42 6.50 9.90 8.72 9.90 0.00 0.00 8.67 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
20-1C (JARC) 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.42 6.50 9.90 14.25 9.90 0.00 0.00 13.29 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.42 6.50 9.90 8.72 9.90 0.00 0.00 8.67 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
20-2C 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.38 5.90 9.90 13.90 9.90 0.00 0.00 13.00 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.38 5.90 9.90 8.98 9.90 0.00 0.00 9.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
20-3C 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.38 5.90 9.90 14.30 9.90 0.00 0.00 13.50 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00

SATURDAY
MONDAY through FRIDAY
MONDAY through FRIDAY

SATURDAY
JARC
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
20-1CC 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.38 5.90 9.80 14.13 9.80 0.00 0.00 13.00 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.38 5.90 9.80 8.60 9.80 0.00 0.00 7.66 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
20-2CC 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.42 6.50 9.80 13.53 9.80 0.00 0.00 12.00 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.42 6.50 9.80 9.18 9.80 0.00 0.00 9.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
20-3CC 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.40 6.30 9.80 6.85 9.80 0.00 0.00 6.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
20-3CC (JARC) 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.40 6.30 9.80 7.30 9.80 0.00 0.00 7.00 0.00 0.00 0.00 0.00 SATURDAY 0
MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
MONDAY through FRIDAY

SATURDAY
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
31 0 OPERATING DAYS
EASTBOUND 0 DAYS 0.36 6.10 6.60 10.87 6.60 0.00 0.00 21.00 0.00 0.00 0.00 0.00 WESTBOUND 0 DAYS 0.36 6.10 7.00 10.00 7.00 0.00 0.00 17.20 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.36 6.10 13.30 9.68 13.30 0.00 0.00 9.47 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
31 (JARC) 0 OPERATING DAYS
EASTBOUND 0 DAYS 0.36 6.10 6.60 2.83 6.60 0.00 0.00 4.00 0.00 0.00 0.00 0.00 WESTBOUND 0 DAYS 0.36 6.10 7.00 2.00 7.00 0.00 0.00 3.87 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
32 0 OPERATING DAYS
EASTBOUND 0 DAYS 0.35 6.00 5.70 7.92 5.70 0.00 0.00 16.50 0.00 0.00 0.00 0.00 WESTBOUND 0 DAYS 0.35 6.00 6.42 6.00 6.42 0.00 0.00 14.48 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.35 6.00 13.90 9.20 13.90 0.00 0.00 9.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
40-1 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.25 4.60 12.30 13.83 12.30 0.00 0.00 12.52 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.25 4.60 12.30 8.75 12.30 0.00 0.00 8.47 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
40-2 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.26 4.80 12.30 13.37 12.30 0.00 0.00 12.00 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.26 4.80 12.30 8.80 12.30 0.00 0.00 8.53 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
40-3 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.23 4.40 12.30 5.01 12.30 0.00 0.00 4.47 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
MONDAY through FRIDAY

SATURDAY
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
ROUTE
NUMBER
51 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.21 5.00 13.30 13.85 13.30 0.00 0.00 13.95 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.21 5.00 4.30 12.63 4.30 0.00 0.00 32.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
52 0 OPERATING DAYS

WEEKDAYS 0 DAYS 0.23 5.10 17.50 4.80 17.50 0.00 0.00 3.49 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
53 0 OPERATING DAYS

WEEKDAYS 0 DAYS 0.21 5.00 8.80 0.43 8.80 0.00 0.00 1.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
ROUTE
NUMBER
60 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.25 4.40 9.50 9.38 9.50 0.00 0.00 12.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
April 2018
Number of Days ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhea
d Miles
88 162.81 154.31 8.50 1,846.10 1,744.10 102.00 Saturdays 4 - - - - - - Sundays 4 - - - - - - Total Days 8 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 162.81 154.31 8.50 1,846.10 1,744.10 102.00 Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours

SATURDAY
April 2018
ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhead
Miles
88 84.05 79.55 4.50 952.80 898.80 54.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Missed Service (1.00) (1.00) - (10.70) (10.70) -

83.05 78.55 4.50 942.10 888.10 54.00 Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
SUNDAY
April 2018
ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhead
Miles
88 79.76 75.76 4.00 904.00 856.00 48.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

79.76 75.76 4.00 904.00 856.00 48.00 Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours

GRAND TOTALS
April 2018
ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhead
Miles
88 163.81 155.31 8.50 1,856.80 1,754.80 102.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Missed Service (1.00) (1.00) - (10.70) (10.70) - 162.81 154.31 8.50 1,846.10 1,744.10 102.00 54,173.23 52,401.69 1,771.54 585,845.99 555,633.20 30,212.79 Y.T.D. 600 Vine Street
Suite 1400
Cincinnati, OH 45202
513-241-2200
www.firsttransit.com

Baldwin Park Tansit
Fixed Route and Dial-a-Ride Proposal
12/01/24 to 12/31/24

OPERATIONS
Driver Payroll $ 600,643
Driver Benefits and Payroll Expense $ 131,007 Other Operations Staff Payroll $ 69,139 Other Operations Staff Benefits and Payroll Expense $ 15,080 Driver Training Payroll $ 9,695 Driver Training Benefits & Payroll Expense $ 2,114 Supplies $ 6,215
Vehicle Costs $ 2,577
Fuel (Excludes CNG) $ 41,004
Communications $ 14,540
Miscellaneous Operations Costs $ 7,951 Total Operations Expense $ 899,965

MAINTENANCE
Maintenance Staff Payroll $ 133,359 Maintenance Staff Benefits & Payroll Expense $ 29,087 Parts & Supplies $ 98,490
Oil & Lubricants $ 9,819
Maintenance Equipment $ - Miscellaneous Maintenance Costs $ - Total Maintenance $ 270,755

OTHER COSTS
Administrative/Management Payroll
$ 64,730
Administrative/Management Benefits & Payroll Expense $ 14,118 Insurance $ 245,857
Facility Rent $ 19,800
Utilities $ 4,200
Advertising Payment To City $ - Advertising Prodction Cost $ - Bus Shelter Maintenance $ - Other/Overhead Costs $ 80,865 Profit/Fee $ 85,691
Total Other Costs $ 515,262
Total Annual Cost $ 1,685,982
Scheduled Revenue Hours 19,976
Variable Costs $ 899,964.74
Fixed Costs $ 786,016.94
Rate Per Revenue Hour $ 84.40

STAFF REPORT
ITEM NO. ____22___

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Romany Basilyous, Engineering Manager
DATE: February 7, 2024
SUBJECT: Hearing to Review Bidder Protests and Authorize the Award of Construction Contract to Nationwide Contracting Services, Inc., for City Project No. CIP 21-198, Barnes Park Multi-Benefit Stormwater Capture Project

SUMMARY
This item will authorize the award of a construction contract to Nationwide Contracting Services, Inc., in an amount of $17,199,044.00 for the Barnes Park Multi-Benefit Stormwater Capture Project. Numerous bids were received for this project, however, after reviewing the bids and investigating the qualifications of bidders, staff found evidence that reflects upon the responsibility of the lowest bidder to perform the Project. In addition, staff received a bid protest from the third-lowest bidder alleging that the bids submitted by the lowest and second-lowest bidders were not responsive. Numerous other letters were received from the bidders. The foregoing are set forth in the Record accompanying this Report (attachment 2).

The purpose of this agenda item is to provide bidders with a hearing to give them an opportunity to present evidence concerning their responsibility and, after considering the evidence presented, for the Council to make an award.

This Project consists of construction of various improvements. These improvements include, but are not limited to, the installation of a subsurface stormwater infiltration system, storm drain improvements in the neighborhood, the expansion and rehabilitation of the existing parking lot, the addition of diagonal parking spaces along Patritti Avenue, upgrades to the existing play fields, construction of ADA accessible park entrances, the installation of new play equipment, construction of an addit ional restroom at the park’s building facility, enhancements to the existing basketball courts, and all other associated work as outlined in the plans and specifications.

RECOMMENDATION
It is Staff’s recommendation that the City Council:

1. Provide all bidders with an opportunity to address any issue relating to responsibility and/or the responsiveness of their bids; and,

2. Determine that Zusser Company, Inc. (“Zusser”) is non-responsible bidder: and

3. Approve and award the construction contract to Nationwide Contracting Services, Inc. Company of Huntington Beach, CA in the amount of $17,199,044.00; and,

4. Authorize the Mayor and City Clerk to execute the contract with Nationwide Contracting Services, Inc.; and,

5. Authorize the Director of Finance to appropriate $7,635,690.00 from the fund and make necessary budget adjustment.

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FISCAL IMPACT
There is no fiscal impact on the General Fund. The funding for construction will come from Safe Clean Water Grant Funds, Measure W, and Quimby. These funds are available upfront and will not have an impact on the General Fund Reserve. The project will also be funded by a State Prop 68 Grant on a reimbursement basis which will be front -funded by the General Fund Reserve. Upon completion of the work, staff will seek reimbursement ensuring that there will be no impact to General Fund. Funding schedule is outlined in the table below:

Approved Funds Amount
Fund 258 Safe, Clean Water – Measure W Regional Program (final allocation) $8,700,000.00 Fund 270 Prop 68 California Parks Grant $2,874,351.00
Fund 231 Quimby $6,570.00
Approved Funds Total $11,580,921.00

Appropriation Amount
Fund 231 Quimby $1,300,000.00
Fund 255 Measure M $300,000.00
Fund 258 Safe, Clean Water – Measure W Regional Program (final allocation) $4,835,690.00 Fund 258 Safe, Clean Water – Measure W Local Return $1,200,000.00 Appropriation Total $7,635,690.00

Construction Costs Amount
Construction Contract $17,199,044.00
Contingency, Construction Management, Inspection Services and Permits $2,000,000.00 Total Construction Budget $19,199,044.00

BACKGROUND
On November 6, 2018, Measure W, also known as the Safe Clean Water Program (Program) was approved by Los Angeles County voters. Funding through Measure W is provided through a parcel tax of 2.5 cents per square foot of impermeable land area (buildings, con crete, etc.). Measure W Special Parcel Tax revenues collected by LACFCD will allocate ten percent (10%) to the district for implementation and administration of projects, forty percent (40%) to cities within the County, in the same proportion as the amount of revenues collected within each city, and fifty percent (50%) to regional programs and projects within various watershed groups.

In 2019, the City of Baldwin Park applied for a regional grant during the first round of the Call for Projects to fund a stormwater infrastructure project at Barnes Park. The Project was selected and was approved to receive funding in the amount of $14,735 ,690 programmed over four years through FY2023 -2024.

Subsequently, On February 17, 2021, City Council approved the Transfer Agreement with Los Angeles County Flood Control District, essentially locking-in the programmed funds to be disbursed in advance over the 4 years.

In August 2019, the City applied for supplemental funds for park improvements via the State’s Prop 68 call for projects for a Statewide Park and Community Revitalization Grant. As part of that program the City was awarded $3,090,000. Combined with the Safe Clean Water grant, the City was able to secure over $17.5 million making the project financially viable.

On August 16, 2023, staff provided a high -level overview of the project to City Council during a Study Session presentation. Staff reported the completion of the plans and specifications and informed the Council that the project was ready for bid.

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On September 28, 2023, a notice inviting bids was published for CIP 21 -198 on the San Gabriel Valley Tribune and uploaded to Planet Bids. On November 14, 2023, a total of six bids were received, opened, and publicly read.

DISCUSSION
On November 14, 2023, six bids were received, opened, and publicly read for Barnes Park Multi-Benefit Stormwater Capture Project CIP 21-198. The bids were checked for errors and were all determined to be valid. The following is a summary of the bids received:

No Contractor Location Total Bid Amount
1 Zusser Company Los Angeles $17,088,481.00
2 Nationwide Contracting Huntington Beach $17,199,044.00 3 KASA Construction, Inc. Chino $17,350,658.80
4 Ford E.C. Inc Los Angeles $17,931,635.98
5 Stacy and Witbeck, Inc. Alameda $19,235,716.00
6 Ortiz Enterprises Inc. Irvine $21,009,465.00

As shown above, Zusser submitted the lowest bid on the Project. However, after reviewing the bids and investigating the qualifications of bidders, staff found evidence that concerning Zusser and reflects upon their responsibility to perform the Project. Staff believes such evidence is sufficient to disqualify Zusser and obligate the award of contract to Nationwide Contracting Services. That evidence consists of the following:

1. Zusser did not demonstrate candor in responding to City inquiries into its qualifications. Rather, Zusser withheld production of documents, first on an unfounded claim of mediation privilege, and when confronted conditioned its production of documents on the City producing the information prompting its inquiry. Such evasiveness is not consistent with the attribute of trustworthiness required to satisfactorily perform the contract.

2. In addition, Zusser disputes responsibility for worker misclassifications its admitted before the Department of Industrial Relations. Having chosen not to contest such findings, Zusser cannot claim that it did not engage in the violations. Zusser’s failure to take responsibility for its own conceded prior violations conceded in other proceedings is not consistent with the attribute of trustworthiness required to satisfactorily perform the contract.

As a result, it was determined by staff that there exists evidence that reflects upon their responsibility to perform the Project and whether Zusser is a responsible bidder. However, such a determination can only be made after Zusser is provided an opportunity to respond to these findings at thi s hearing and respond/defend their qualifications as a responsible bidder.

Per California Public Contract Code, Section 20162 provides that “[W]hen the expenditure required for a public project exceeds five thousand dollars ($5,000), it shall be contracted for and let to the lowest responsible bidder after notice.”

The accompanying Record sets forth the background of this matter and is incorporated by reference as if fully set forth herein.

Responsibility of a Bid

A bidder is responsible if it “has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Public Contract Code section 1103 (underline added).). Typically, questions of responsibility include, for example, whether a bidder has

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experience with projects of the size contemplated, whether the bidder has sufficient bonding capacity, whether the proposed personnel or subcontractors have required licenses and whether the bidders past actions, such as submitting false or inflated extra work claims, demonstrate a lack of trustworthiness.

Due process requires that “prior to awarding a public works contract to other than the lowest bidder, a public body must notify the low monetary bidder of any evidence reflecting upon his responsibility received from others or adduced as a result of indepe ndent investigation, afford him an opportunity to rebut such adverse evidence, and permit him to present evidence that he is qualified to perform the contract. The City has provided such written notice to Zusser, Kasa, and Nationwide.

Responsiveness of a Bid

Responsiveness refers to the bids themselves and whether the bids contain all of the elements requested in the bid proposal and whether the bid promises to do what the bid instructions require. A bid that contains a deviation from what the bid solicitation required is non-responsive. However, a public agency can waive the irregularity if it is considered non -material and does not give a party an unfair advantage in the bids.

City staff has evaluated the correspondence of the bidders and is not of the opinion that there is any merit to protests as to other bidders on responsiveness grounds. Nevertheless, those bidders may also address the Council as to these issues during the hearing.

Outline for Hearing

1. Accept Staff Report & Questions to Staff

2. Open Hearing

A. Presentation from Kasa (Approx 5 minutes)
- Questions from the City Council
- Responses from Staff

B. Presentation from Nationwide (Approx. 10 minutes)
- Questions from the City Council
- Responses from Staff

C. Presentation from Zusser (Approx 10 minutes)
- Questions from the City Council
- Responses from Staff

D. Rebuttal from Nationwide (Approx. 3 min)

3. Close Hearing and Take Action

ALTERNATIVES

1. Request that all bidders stipulate on the record that they will extend their bid bonds for a further month and continue this matter to the Council Meeting on February 21, 2024.

2. The City Council may choose not to award a construction contract, reject all bids, and re-bid the project. This action is not recommended as re-bidding the project will delay the work and may result in increased costs.

3. Provide Staff with alternate direction.

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CEQA REVIEW
A Mitigated Negative Declaration of Environmental Impact (MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), and the State CEQA Guidelines (Title 14, California Code of Regulations (CCR) §15000 et seq). The approved and adopted (MND) was recorded with the County Clerk, Los Angeles County Recorder's Office thru a Notice of Determination in accordance to the CEQA process.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Contract Service Agreement

2. The Record, comprised of the City’s letters dated January 11, 2024 and January 30, 2024, and all enclosures thereto, and the City’s email to counsel of record for all bidders on January 30, 2024 enclosed herewith.

CONTRACT DOCUMENTS CONTRACT SERVICE AGREEMENT FOR City Project No. CIP 21-198 – Barnes Park Multi-Benefit Stormwater Capture Project THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 7th day of February, 2024 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and Nationwide Contracting Services Inc. (herein "Contractor"). The parties hereto agree as follows: R E C I T A L S A. City requires all improvements, including the installation of a subsurface stormwater infiltration system, a diversion structure, water quality inlets, diversion piping with control valves and flow meters, stormwater pretreatment system, expansion and rehabilitation of the onsite parking lot, new diagonal parking along Patritti Avenue, new/improved play fields, walkway improvements, storm drain improvements in the neighborhood, construction of ADA accessible entrances to the park, irrigation system replacement, planting of drought-tolerant landscaping, installation of new play equipment, installation of picnic tables and BBQ grills, park expansion to the north (Futsal court), restroom addition in the community center, improved basketball courts, and swales. These improvements (along with others shown in the Contract Documents), when completed, will finalize the Barnes Park Multi-Benefit Stormwater Capture Project. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same. B. City desires to have Contractor perform said services on the terms and conditions set forth herein. NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services – In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. 1.2 Documents Included in Contract – This contract consists of the Notice Inviting Bids and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder’s Guarantee), Designation of Sub-contractors, Statement of Non-collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, Plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers’ Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern. 1.3 Compliance with Law – All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State

or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees, and Assessments – Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all sub-contractors' compliance with this Section. 1.5 Familiarity with Work – By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work – The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties – Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub- contractors to comply with the provisions of this agreement. 1.8 Additional Services – City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements – Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit “A through D” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “A through D” and any other provisions of this Agreement, the provisions of Exhibit “A through D” shall govern.

1.10 Prevailing Wages Laws – In accordance with Labor Code Section 1770 et seq., the director of the Department of Industria l Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum a mount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

For Federal Prevailing Wages see Exhibit “D”.

2. COMPENSATION

2.1 Contract Sum – For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Seventeen Million One Hundred Ninety-nine Thousand Forty-four Dollar ($17,199,044.00) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor a t all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materia ls incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence – Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance – Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing.

3.3 Force Majeure – The time period(s) specified in the Schedule of Performance 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 the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight

embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement Term – Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. 4. COORDINATION OF WORK 4.1 Representative of Contractor – The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Luicci Nader 7600 Liberty Dr. Huntington Beach, CA, 92647 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer – The Contract Officer shall be such person as may be designated by the City Manager or City Engineer. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Assignment – The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor – Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub-contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub- contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such

obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub-contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor. 4.5 Identity of Persons Performing Work – Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 Utility Relocation – City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4.7 Trenches or Excavations – Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance – The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:

Coverage (Check if applicable) Minimum Limits
(X) Comprehensive General Liability Insurance (including premises and operations) $5,000,000 per occurrence combined single limit ( ) Contractual Liability Insurance Products Liability Insurance $1,000,000 limit (X) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired automobile hazard $2,000,000 per occurrence combined single limit ( ) Professional Liability Insurance (providing for a one year discovery period) $1,000,000 limit (X) Workers' Compensation/Employers' Liability Insurance Statutory $2,000,000 per occurrence CONDITIONS: In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of “A” minus or better. This insurance shall not be canceled, limited in scope or coverage or non-renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706. Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy. The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds. Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company. If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting

from Contractor's or its sub-contractor's performance of the work covered under this agreement. Each contract between the Contractor and any sub-contractor shall require the sub- contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification – Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub-contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor’s (or its agents’, employees’, sub-contractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub-

contractors. 5.3 Labor and Materials, Performance and Warranty Bonds – Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety – Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 5.5 Substitution of Securities – Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder. 6. RECORDS AND REPORTS 6.1 Reports – Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records – Contractor shall keep, and require sub-contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents – All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon

request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 7. ENFORCEMENT OF AGREEMENT 7.1 California Law – This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes – In the event either party fails to perform its obligations hereunder, the non- defaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the non-defaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the non-defaulting party shall have the right, in addition to any other rights the non-defaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7.3 Retention of Funds – Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder. 7.4 Waiver – No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative – Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not

preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action – In addition to any other rights or remedies, either party may take legal action, law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages – Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsection 6-9 of the Standard Specifications and the provisions of the Contract Specifications. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the scope of services. The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination for Default of Contractor – If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees – If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION 8.1 Non-liability of City Officers and Employees – No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest – The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination – Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

9. MISCELLANEOUS PROVISIONS 9.1 Notice - Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows: To City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: Public Works Department To Contractor: Luicci Nader 7600 Liberty Dr. Huntington Beach, CA, 92647 9.2 Interpretation – The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment – It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability – In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Hiring of Illegal Aliens Prohibited – Contractor shall not hire or employ any person to perform work within the City of Baldwin Park or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 9.6 Unfair Business Practices Claims – In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub-contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.) 9.7 Corporate Authority – The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement,

such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 9.8 Legal Responsibilities – The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this section. 9.9 Termination for Convenience – The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation: 1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off. 3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments. 4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement. The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CONTRACTOR:

By: By:
(Print Name) (Print Name)
Signature: Signature:

Title: Title:

Address: Address:

CITY OF BALDWIN PARK, a municipal corporation
ATTEST:

By:

Emmanual J. Estrada, MAYOR
APPROVED AS TO FORM:

By:

City Clerk
City Attorney
RECORD

Grant R. Orbach
Associate
916 329-3692
[email protected]
Best Best & Krieger LLP | 500 Capitol Mall, Suite 1700, Sacramento, California 95814 Phone: (916) 325-4000 | Fax: (916) 325-4010 | bbklaw.com January 11, 2024
VIA E-MAIL [[email protected]]
Marion T. Hack
Troutman Pepper Hamilton Sanders LLP
Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071

VIA E-MAIL [[email protected]]
Robert C. Niesley
Watt, Tieder, Hoffar & Fitzgerald, LLP
2040 Main Street, Suite 300
Irvine, California 92614

VIA E-MAIL [[email protected] ]
Christopher Morrow
Salamirad, Morrow, Timpane & Dunn LLP
17901 Von Karman Avenue, Suite 500
Irvine, California 92614

Re: BID PROTEST AND RELATED PROCEEDINGS RE: BARNES PARK

MULTI BENEFIT STORMWATER CAPTURE PROJECT
Dear Colleagues:

Our office represents the City of Baldwin Park (“City”), and all further communication regarding this matter should be directed to the undersigned . The City is in receipt of the following correspondence regarding the bidding of the above referenced project (the “Project”):

Exhibit A – Nov. 20, 2023 Letter From Kasa Construction, Inc. (“Kasa Ltr. #1”)

Exhibit C – Dec. 14, 2023 Letter from Zusser Company, Inc. (“Zusser Ltr. #1”)

Exhibit E – Dec. 21, 2023 Letter From Kasa Construction, Inc. (“Kasa Ltr. #2”)

Exhibit F - Dec. 22, 2023 Letter from Zusser Company, Inc. (“Zusser Ltr. #2”)

Exhibit G – December 29, 2023 Letter from Nationwide Contracting Services, Inc. (“Nationwide”)

The City responded to Kasa Ltr #1 as set forth in Exhibit B and to Zusser Ltr. #1 as set forth in Exhibit D. The City is setting a hearing for February 7, 2024 at a time to be set by agenda posted Marion T. Hack, Robert C. Niesley, and Christopher Morrow January 11, 2024

Page 2 ends

Best Best & Krieger LLP
at https://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 or as soon thereafter as the matter may be heard before the City Council of the City of Baldwin Park , at which Zusser Company, Inc. (“Zusser”) and Nationwide Contracting Services, Inc. (“Nationwide”) will be afforded an opportunity to demonstrate that they are responsible bidders. If either wishes to submit a written statement as to their responsibility to be considered at such hearing, such statement may be filed with the undersigned by email on or before January 19, 2024 . Zusser, Kasa, and Nationwide have all submitted letters from their respective bid bond sureties extending their bid bond through February 13, 2024 and evidencing their commitment to honor their bid through such date so as to accommodate the process described above. Exhibit H.

As to Zusser Ltr. #2, the City encourage s Zusser to reconsider its invoca tion of the mediation privilege so as to justify the non-production of material information. The mediation privilege does not apply to documents that are not “prepared for the purpose of, in the course of, or pursuant to a mediation”, (Evidence Code, § 1119), such as claims and responses thereto preceding a mediation conducted pursuant to section 9204 of the Public Contract Code . The invocation of inapplicable evidentiary privileges to obs truct the City’s inquiry is inconsistent with “ the attribute of trustworthiness” at the core of a responsibility hearing. (Public Contract Code, § 1103). Further, Zusser has still not addressed the extent to which it misclassified workers in the Operatin g Engineer and Laborer classifications and underpaid workers classified as Cement Masons in connection with the LADWP Lagoon Refurbishment project (“LADWP Project”), let alone whether such was “a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor”. (Labor Code section 1775, subdivision (a)(2)(A)(i).) It appears from the papers and record of such proceedings that Zusser conceded that it misclassified workers in the Operating Engin eer and Laborer classifications and underpaid workers classified as Cement Masons in connection with the LADWP Project. As to Kasa Ltr. #2 and Nationwide, the City expects Nationwide to address Kasa’s allegations with respect to the “pending lawsuit in the United States District Court for the Central District of California, Case No. 8:23-cv-0052l” in the written statement referenced above and at the hearing.

Zusser, Nationwide, and Kasa will have an opportunity to address the City Council at the above referenced hearing. The City Council will not take action in connection with this matter until such hearing at the earliest. Any threatened lawsuit about this matter from Kasa , and by implication Zusser or Nationwide, would be premature prior to such action and the City trusts that all persons will permit the process described above to be exhausted prior to any threatened legal action. The City is committed to conducting this process in a matter which protects the due process rights of all bidders as well as the public’s expectation that a contract will not be awarded to a bidder that the City Council, in its legislative judgment, applying subtle judgment, ultimately determines is non-responsible only after affording that bidder due process . ( Great West Contractors, Inc. v.

Irvine Unified School District (2010) 187 Cal.App.4th 1425, 1452 -53; Mike Moore's 24 -Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303 (“[T]he letting of contracts by a governmental entity necessarily requires an exerci se of discretion guided by consideration of the public welfare”)).

Marion T. Hack, Robert C. Niesley, and Christopher Morrow January 11, 2024

Page 3 ends

Best Best & Krieger LLP
Sincerely,

Grant R. Orbach
for BEST BEST & KRIEGER LLP
GRO:ab

Exhibit A

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com November 20, 2023

City of Baldwin Park
14403 East Pacific Ave.

Baldwin Park, CA 91706

Project: Barnes Park Multi Benefit Stormwater Capture Project Subject: BID PROTEST
Bid Date: November 14, 2023, at 2:00 PM

This letter shall be construed as a Formal Bid Protest against the apparent low bidder, Zusser Company, and the second apparent low bidder, Nationwide Contracting Services, for the following reasons as explained below.

1. Failure to list only one subcontractor for the same Electrical Scope ( Zusser )

2. Failure to comply with DIR Prevailing Wage Requirements ( Zusser )

3. Failure to list Playground Equipment Installer / Subcontractor with min. 5 years of experience. (Nationwide )

4. Failure to properly execute signatures on Bid Proposal as instructed. ( Nationwide )

5. Failure to list a Licensed Landscape and Irrigation Subcontractor ( Zusser and Nationwide )

6. Failure to list a Fence Subcontractor with min. 5 years of experience. (Zusser and Nationwide)

7. Failure to have the Technical ability, qualifications and experience in constructing similar park projects (Zusser and Nationwide)

8. Non – Responsible Bidder (Zusser and Nationwide)

1. Failure to list only one subcontractor for the same Electrical Scope ( Zusser )

Zusser listed BOTH Creo Electric and Electro Construction as C-10 Electrical subcontractors in their bid. According to California Public Contract Code Sections 4100 through 4113, only one subcontractor may be listed for the same portion of work. If more than one subcontractor is listed, the prime Contractor “shall be qualified to perform that portion itself, and shall perform that portion itself.” Zusser is not licensed with a C-10 nor qualified to perform the electrical scope and therefore cannot perform the electrical on this project. See snip from the Greenbook.

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Page A-5 in the specifications clearly state that the prime Contractor is required to perform all aspects of a particular scope if it lists more than one subcontractor for the same portion of work.

See below snip from specs:

Besides an electrical contractor being required to hold a C-10 license, all employee electricians performing work under the C-10 contractor must also be State Certified in order to work on a prevailing wage project. Therefore, it is impractical to assume that Zusser would:
1) Have the ability and experience to perform in the caliber of a C-10 contractor, and 2) Employ qualified State Certified electricians to successfully complete the project. As a matter of fact, it would be impossible since the state certified workers can only work under a licensed C-10 contractor.

Based on the above, Zusser should be deemed non-responive.

2. Failure to comply with DIR Prevailing Wage Requirements ( Zusser )

Zusser’s history of performing public works projects is also problematic. According to the public record, the California Department of Industrial Relations published Case No. 19-0134-PWH against Zusser on 08/18/2022 regarding the Civil Wage and Penalty Assessment issued with respect to the work Zusser performed on the LADWP Lagoon Refurbishment (which was listed as a project reference). According to the DIR, Zusser was assessed $653,177.48 in penalties for a variety of failures including but not limited to the following violations:

A) Apprenticeship violations
B) Prevailing wage violations, including regular and overtime rates C) Misclassifying workers on the project
D) Training fund contribution violations
E) Liquidated damages associated with the incorrect wages The snip of the DIR’s Civil Wage and Penalty Assessment is attached and calls into question Zusser’s technical abilities and trustworthiness to successfully perform a project of this size in compliance with all applicable federal, state, or local laws.

Based on the above, Zusser should be deemed non-responive.

3. Failure to list Playground Equipment Installer / Subcontractor with min. 5 years of experience. (Nationwide)

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com

Per the Specifications section 11 68 13 – Playground equipment, the subcontractor for the installation of the play equipment must have a minimum of 5 years of experience and have completed a minimum of 5 similar projects. Please see snip from specs below.

Based on KASA’s experience in building Parks, KASA knows all the certified installer subs including everyone that submitted a quote for installation. Every quote received exceeded half of 1% of the total bid and were required to be listed. Unless Nationwide can prove that they have 5 years of experience self performing playgrounds and certified by the manufacturer, their bid must be deemed non – responsive.

4. Failure to properly execute signatures on Bid Proposal as instructed. (Nationwide)

Nationwide failed to follow the City’s instructions regarding Contractor signatures. Page A-5 in the Specifications states that bids submitted by corporations must be signed by the President and Secretary or Assistant Secretary, or they may be signed by other authorized persons as evidenced by a corporate resolution. In this case Nationwide failed to include a Corporate Resolution and / or failed to sign on behalf of Both Officers.

This requirement was reiterated in the City’s answer to Question #3 in Addendum #5: “A signature by the President and Secretary are required. Other person(s) may sign on behalf of corporation as specified in Section 5. Signature of Contractor.”
Nationwide failed to comply with the bid specs and addendum by signing only its Vice President and, therefore, their bid should be rejected as non-responsive.

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com See below snip of signature.

5. Failure to list a LICENSED Landscape and Irrigation Subcontractor in “good standing” ( Zusser and Nationwide )

Page A-4 in the Information to Bidders section of the Specifications states that “to be eligible to perform work, the bidder must be a Licensed California State Contractor in good standing.” This requirement also extends to all subcontractors listed by the Contractor in their bid.

Jon Gilmer Construction, CSLB # 582487, has a SUSPENDED CSLB license yet was still the listed subcontractor for Landscape and Irrigation by both Zusser and Nationwide. Please see the attached exhibits which prove the license was suspended both before and after the bid.

Zusser listed Jon Gilmer with a subcontract dollar value of $914,000 which equates to approximately

4.7% of their bid and Nationwide listed Jon Gilmer with a subcontract dollar value of $914,133 which equates to approximately 5.4% of their bid.

As stated in Section 4.3 of the Contract, “The experience, knowledge, capability and reputation of Contractor, its principles and employees were a substantial inducement for the City to enter into this Agreement.” ……. “It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principles were a substantial inducement for the City to enter into this Agreement.”
If either contractor attempts to self-perform the work of such caliber, they would be in direct violation of the contract. The City and its residents deserve quality work performed by an experienced Park builder like KASA Construction Inc. and this error should not be considered by the City as a minor irregularity.

The Technical Ability and Experience would be something both contractors would have to prove as it pertains to the self-performing Landscape and Irrigation for a Park project. Please make reference to the snip from the Bid Documents “Technical Ability and Experience” required below.

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Lastly, per the specifications, Section 32-93-95 / 1.03 Quality Assurance, the Landscape Contractor should have experience in horticultural and landscape maintenance. Besides KASA having experience for over 20 years in building Parks, KASA’s Landscape Superintendent worked with the world’s largest landscape company Valley Crest for over 20 years before finally joining KASA’s winning Team.

See below snip from the specs.

Neither Zusser nor Nationwide have a C-27 landscaping license and are not qualified to perform the substantial landscaping responsibilities on this project. At the end of the day, this is a Park project before anything else, and no other bidder is as qualified or experienced than KASA Construction Inc. at building parks. KASA’s reputation speaks for itself.

Based on the above, both Zusser and Nationwide shall be deemed non-responsive.

6. Failure to list a Fence Subcontractor with min. 5 years of experience. (Zusser and Nationwide)

Per the specifications 02 82 10 / 1.06 Qualifications / B, the specs require that the Fencing Sub / Installer have 5 years of documented experience. Both Zusser and Nationwide listed Ever Fence who has only been in business since February 05, 2020. KASA received a bid from Ever Fence, however, in order to remain compliant with the requirements of the bid, although they were less expensive, KASA was not able to list them. KASA opted to use Gold Coast Fence Inc., who meets the experience and requirements and has been in business since 2010.

Allowing Zusser or Nationwide to use Ever Fence would defeat the purpose of maintaining a fair playing field besides the fact that it would materially affect the bid.

As a result of this, neither contractor shall be able to utilize Ever Fence and both bids should be considered non-responsive.

See snip below from the specifications.

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com

7. Failure to have the Technical ability, qualifications and experience in constructing similar park projects (Zusser and Nationwide)

Upon reviewing the bid packages of both Zusser and Nationwide, it is without a doubt that both Zusser and Nationwide are unfit to be awarded this project. Both have very little to no experience with the intricacies required in order to build a park of this size. It appears both contractors listed only one Park project on their references. If that’s considered good, then KASA Construction is over 100x better as we have successfully completed over 100 park projects. Not only is KASA one of the most respected Park builders in Southern California, KASA Construction is also an expert when it comes to heavy civil and street improvement projects.

We self-perform several trades in house and own and operate our own machinery for total control over the work. KASA currently has 2 street improvement projects and 4 park projects. Our ability to properly manage the work with Procore and spearhead weekly meetings, makes the Owner job a lot easier and more efficient. Besides on time performance and quality, KASA has also earned its reputation from exceptional value engineering to provide alternative approaches and materials which are oftentimes better and at a lower cost to the Owner. This only comes with Experience and Reputation.

Owners know us, Suppliers know us, and Architects / Designers know us and this is when relationships really matter. Our influence and expertise with clients and vendors make all the difference for a successful project.

KASA Construction Inc. is by far the most experienced, qualified, and the lowest responsible bidder for this project. Our attached Letters of Recommendations speak for themselves.

8. Non – Responsible Bidder (Zusser and Nationwide)

Based on the above findings and the overwhelming supporting information attached, it is without a doubt that both bidders, Zusser and Nationwide, are non-responsive on multiple counts. The City reserves the right to reject proposals as non-responsive that do not demonstrate the Contractor’s technical abilities or familiarity with the scope of work.

Please see snip blow from the specs

KASA Construction respectfully requests that the City of Baldwin Park considers the above findings and make a fair and proper determination to deem the Bids by Zusser and Nationwide, NON- RESPONSIVE and Award the contract to KASA Construction Inc.

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com

If there is any additional information needed, please do not hesitate to call me on the number below.

Respectfully,

Hector Zavala
Estimator
KASA Construction, Inc.

CC: Robert Niesley/ Watt Tieder

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com

_____________________________________________________ ___________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
P
hone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com September 28, 2023

KA
SA Construction, Inc.

Attn: Sam Kasbar
15148 Sierra Bonita Ln.

Chino, CA 91710

Re: Letter of Recommendation
PENTA Building Group – Secure Perimeter Fence Project

To Whom It May Concern,

On behalf of PENTA Building Group, I extend our sincere appreciation to the exceptional team at KASA Construction Inc. for their outstanding performance in successfully completing the Secure Perimeter Fence project. Your unwavering commitment to excellence and your remarkable ability to adapt to challenges have been truly impressive.

The Secure Perimeter Fence project was not your typical fence installation; it represented a complex undertaking with specific project components and qualities that demanded the utmost dedication and expertise.

Your team executed the project with exceptional professionalism and unwavering attention to detail, ensuring that every aspect of the project met the rigorous standards set by the Owner, San Manuel Band of Mission Indians.

Initially a $7.3 million contract with a 12-month duration, this project expanded with the addition of $1.2 million in Extra Work. Furthermore, once under construction and at the Owner's request, the project schedule was accelerated by several months. Through your exceptional adaptability and commitment to excellence, KASA not only completed the project on time but also seamlessly incorporated the additional scope.

Speaking to the scale and complexity of the project, it involved the construction of over a mile of custom fence to secure Tribal lands from public access and trespass. This fence spanned a diverse range of landscapes, including culturally and biologically sensitive areas, steep elevations, drainages, and retaining walls, covering both public and Tribal-owned properties.

KASA demonstrated exceptional prowess in managing global material sourcing to procure the fence components from South Africa, a considerable distance away. This effort underscored your commitment to meeting project specifications and your willingness to go above and beyond to deliver quality results.

Given the nature of the project, which required a construction presence along the entire Tribal perimeter, it was inherently sensitive, involving the security and well-being of residents. This demanded a high level of professionalism and discretion, qualities that your team exhibited commendably and that provided reassurance to our community.

_____________________________________________________ ___________________________________________________________________

Throughout the duration of the Secure Perimeter Fence Project, KASA demonstrated unwavering dedication to safety, quality, and timeliness. Any issues that arose were promptly and effectively addressed, ensuring a seamless project execution. Your team's coordination and collaboration with our PENTA team were exemplary, fostering a productive and respectful working relationship.

In conclusion, it is with great pleasure that I wholeheartedly recommend KASA Construction Inc. to any organization seeking a proficient, determined contractor that upholds the highest possible standards and executes projects in a timely and organized fashion. Your company's proven track record of excellence and your unwavering commitment to delivering exceptional results truly set you apart in the construction industry.

Once again, we extend our deepest appreciation for your outstanding work on the Secure Perimeter Fence Project. We eagerly anticipate the opportunity to collaborate with KASA on future projects and to continue building upon our successful partnership.

Sincerely,

Amr Elhelbawi – Project Manager
PENTA Building Group

Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121 Gabriel Reyes
Mayor

Daniel Ramos
Mayor Pro Tem

Joy Jeannette
Council Member

Angelo Meza
Council Member

Amanda Uptergrove
Council Member

Jessie Flores
City Manager

September 21, 2023

KASA Construction, Inc.
15148 Sierra Bonita Lane
Chino, CA91710

Subject: KASA Construction, Inc. Work Performance Commendation

KASA Construction, Inc. (KASA) has performed the construction of Marconi Park Improvement in the city of Adelanto, California. This was funded through State Grant from the Department of Park and Recreation. Project was successfully completed to the grant requirements and was accepted by the city and State Department of Park and Recreation. KASA has been a true partner throughout the process and the City greatly appreciates the efforts.

KASA maintained the highest level of safety and quality, paying close attention to the specifics of construction and completing the required work within the necessary time frame s. When issues ever arose, solutions bwere always implemented immediately . KASA incredible adaptability and coordination with the City, helped bring this project to a polished close and great success.

City of Adelanto is looking forward to work with KASA in future and would highly recommend the company to other agencirs.

Sincerely,

Saba Engineer, P.E.

City Engineer

Landscape Architecture
Planning
Water Management
Graphic Communications

462 Stevens Avenue, Suite 107, Solana Beach, CA 9207 5-2042 Tel: 619.294.8484 • Fax: 619.574.0626 • Web: www.vdla.us

Principals: Mitch Phillippe, ASLA, CA LLA #3781 • Yale Hooper, CID, CLIA Associates: Ling Chan, ASLA, CA LLA #5435, LEED AP • Denise Armijo, ASLA Brett Allen, ASLA, CA LLA #6595, CID, CLIA, RWSS

KASA Construction, Inc.
15148 Sierra Bonita Lane
Chino, CA 91710

Project: Laguna Woods – Water Efficient Median Improvement Project

Subject: Letter of Recommendation

To Whom It May Concern,

Van Dyke Landscape Architects would like to acknowledge KASA Construction Inc for their diligent performance in completing the City of Laguna Woods Water Efficient Median Improvement Project for which VDLA prepared construction documents. The scope of work consisted of the removal of landscaping and concrete, installation and modification of irrigation systems, and installation of landscaping within medians located on El Toro Road, and Moulton Parkway.

KASA Construction executed this project with vigor and commitment, maintaining the highest level of professionalism, attention to detail and work ethic. The project field and management staff displayed excellent coordination with our firm and carried out our interests in a compliant and organized fashion. KASA Construction Inc went beyond the firm’s expectations in order to assure that the project was delivered with exceptional standards.

Our firm could not be more pleased with the final project result. It has been a pleasure working with KASA Construction Inc and we would not hesitate to recommend their outstanding services. We look forward to working with KASA in the future.

Sincerely,
Brett Allen, Associate
Van Dyke Landscape Architects
ASLA SD Chapter President
Landscape Architect CA #6595
[email protected]

980  Montecito  Drive,  Suite  302,  Corona,  CA  92879 Phone:  (951)  817 ‐3500

May 4, 2023

KASA Construction, Inc.

Attention: Sam Kasbar, Owner / VP
15148 Sierra Bonita Lane
Chino, CA 91710

Projects: Highland Park, Shadow Rock Park, Discovery Park, Adventure Park Project Location: Jurupa Valley, CA
Owner: Lennar Homes of California

Letter of Recommendation

Dear Mr. Kasbar,

On behalf of Lennar Homes, I would like to thank you and your Team at KASA Construction for your continued partnership in yet another project successfully completed.

This project consisted of simultaneously constructing 3 new Parks in the Shadow Rock community at a cost of nearly $7,000,000. The project included but was not limited to grading, earthwork, storm drains, 2 lighted baseball fields, basketball court, 2 large playgrounds with rubber and mulch, a dog park, pre- fabricated restroom building, parking lot walking trails, fencing, several other park furnishings with new irrigation systems and beautiful landscaping.

Your Team worked closely with my staff, consultants, JARPD and the City of Jurupa Valley to assist in value-engineering to bring this project to fruition for this wonderful community.

KASA’s staff was responsive, honest, and diligent in completing the project on time with quality workmanship.

It was a pleasure working with you and your Team and I look forward to more projects in the future. I would not hesitate to recommend KASA Construction Inc. to any other Owner or Agency.

Sincerely,

Ryan Combe
Director of Forward Planning
Lennar Homes of California

Public Works Department

CITY OF NEWPORT BEACH
100 Civic Center Drive, Bay 2D
Newport Beach, California 92660
949 644-3330 | 949 644-3308 FAX
newportbeachca.gov

October 27, 2020
KASA Construction, Inc.

Attention: Sam Kasbar, Owner / VP
15148 Sierra Bonita Lane
Chino, CA 91710

Project: West Coast Highway Median Landscaping – Phase 2

Subject: Letter of Recommendation

Dear Mr. Kasbar,

On behalf of the City of Newport Beach, I would like to thank you and your Team at KASA Construction for the exemplary efforts in completing the West Coast Highway Median Landscaping – Phase 2 Project.

This project consisted of demolishing the existing stamped concrete in the center median, grading, installing new irrigation systems and landscaping in both the medians and parkways along Pacific Coast Highway, west of Newport Blvd.

From inception, you worked closely with the City Staff with respect, professionalism, honesty, and diligence, which resulted in a successful project.

KASA maintained the highest level of safety and quality, paying close attention to the specifics of construction and completing the required work within the necessary time frames. When issues ever arose, solutions were always implemented immediately. Even amid a viral pandemic, you, as the committed leader, took the extra steps in establishing safety precautions to secure and protect the welfare of your dedicated staff and the public. KASA’s incredible adaptability and coordination with the City, helped bring this project to a polished close.

I’d like to extend my appreciation to you and your devoted team on a job well done. It has been a pleasure working with you and I would not hesitate to recommend KASA Construction Inc. to any Owner or Agency.

Sincerely,

Michael J. Sinacori
Assistant City Engineer

July 6, 2020

Kasa Construction, Inc.

Attn: Sam Kasbar
15148 Sierra Bonita Lane
Chino, CA 91710

Re: Letter of Recommendation
Kasa Construction
Riverbend Community Park, Jurupa Valley, CA

To Whom It May Concern:

On behalf of the Lennar Homes, we would like to cordially thank KASA Construction Inc for their exemplary efforts in completing the Riverbend Community Park Project for the best interests of the Jurupa Area Recreation (JARPD) and Park District and Lennar Homes.

This nearly $4.8 million, 12-acre park project consisted of, but not limited to, grading, underground wet and dry utilities, landscaping, irrigation, electrical, decomposed granite paths, pedestrian and horse trails, parking lots, masonry walls, fencing and pedestrian bridges.

Additionally, the project site also included shade shelters, playground equipment, rubber surfacing, disc golf, decorative concrete, walkway and parking lot lights, basketball courts, a complete athletic field, and a prefabricated restroom building by The Public Restroom Company.

From the start, KASA took on a very proactive approach, paying close attention to the specifics of construction and completing the required work efficiently and within the completion schedule. KASA’s adaptability and coordination with Lennar and JARPD contributed to bringing this project to a to a successful completion. Construction issues were quickly solved by KASA’s attentive team. We could not be more satisfied with the work completed by KASA.

The experience and professionalism guided by Kasa’s founder, Sam Kasbar, was impressive. It has been a sincere pleasure working with Mr. Kasbar and his team and we would not hesitate to recommend their services to anyone seeking a proficient, determined contractor that upholds the highest possible standards and executes in a timely and organized fashion.

Sincerely,

Brian King
Project Manager
Lennar Homes – Inland Empire
[email protected]

Office of the Public Works Director/City Engineer
335 West Rialto Avenue  Rialto, California 92376
City of Rialto
California
April 16, 2019

KASA Construction, Inc.
15148 Sierra Bonita Lane
Chino, CA 91710

SUBJECT: JOE SAMPSON PARK – CITY OF RIALTO PROJECT NO. 150303

To Whom It May Concern:

On behalf of the City of Rialto, we would like to thank KASA Construction for their exemplary performance in completing the $5,323,556.56 construction of Joe Sampson Park. KASA completed this project with diligence, maintaining the highest level of professionalism and attention to detail. The project management team consistently kept the City's best interest in mind and cooperated transparently with the City to overcome any challenges which were faced during construction. KASA fulfilled their duties as a general contractor to the satisfaction of all parties.

The Project was completed within the schedule set forth in the agreement with the City.

We would be pleased to refer KASA Construction Inc. to any other organization seeking a diligent, professional general contractor eager to cooperate with their customer to ensure that the work is completed effectively and with the highest standards.

Sincerely,

Robert G. Eisenbeisz, P.E.

Public Works Director/City Engineer

cc: Project File

March 25, 2019

Mr. Sam Kasbar, Vice President
KASA CONSTRUCTION, INC.
15148 Sierra Bonita Lane
Chino, CA 91710

RE: CONSTRUCTION OF JOE SAMPSON PARK

CITY OF RIALTO, CALIFORNIA

Dear Sam:

I wanted to reach out and thank KASA Construction on the outstanding execution of the construction of Joe Sampson Park for the City of Rialto, a new 8 acre with a construction cost of $5,323,557. This project was completed well within the rigorous timeline set forth by the City of Rialto.

KASA Construction has brought numerous park projects designed by our firm to life over the past several years. We are cons istently pleased with the high level of craftsmanship and professionalism demonstrated by your company. Joe Sampson Park was no exception. Your team was diligent in all communication efforts, attention to detail, and in providing quick, cost effective solutions to unforeseen conditions as they arose.

We would be pleased to provide recommendations and positive references about KASA Construction to public agencies and developers for upcoming park, landscape, and similar projects.

Sincerely,

COMMUNITY WORKS DESIGN GROUP

Scott Rice
ASLA, LEED AP, CASp
Vice President
Landscape Architect CA #5111 | NY #2645
Certified Access Specialist CASp-709
[email protected]

□
14000 City Center Drive
Chino Hills, CA 91709
(909) 364-2600
ujuju ) .cJunofiiMtf.

KASA Construction, Inc.

Attn: Sam Kasbar
15148 Sierra Bonita Lane
Chino, CA 91710 cy
Project: Los Serranos Neighborhood Park
Owner: City of Chino Hills
Subject: Letter of Recommendation
Dear Mr. Kasbar,
On behalf of the City of Chino Hills, I would like to thank you and your team at KASA Construction Inc., for your noteworthy efforts in completing the Los Serranos Neighborhood Park.

The project consisted of a nearly 4 million dollar budget, including a 6-acre park with landscape grading, drainage, irrigation, landscaping, site furnishings, sports courts, restrooms, picnic shelters, lighting, playground and fitness equipment, hardscape, and other amenities.

In September of 2018, KASA commenced their work and through the duration of the project, KASA maintained the highest level of safety and quality, paying close attention to the specifics of construction and completing the required work within the necessary time frames. If issues ever arose, solutions were always implemented immediately. KASA’s incredible adaptability, diligence and close-out for the City’s final acceptance and completion, allowed for a successful Grand Opening of the park on November 16, 2019. I have attached our Grand Opening flyer. KASA’s admirable coordination with City Staff, while upholding the utmost respect, professionalism, integrity and diligence, resulted in a favorable project acceptance.

In addition, I would like to also thank KASA’s generous contributions of tools, material, and a tool shed which was donated to the adjacent Chaparral Elementary School for their after-school garden club.

I’d like to extend my sincere appreciation to you and your devoted team on a job well done and congratulate you on an outstanding project. It was an honor to introduce the 44th park to the City of Chino Hills. I would not hesitate to recommend KASA Construction Inc., to any other owner or agency.

Sincerely,
Cynthia Moran
Council Member
Art Bennett ■ Brian Johsz ■ Ray Marquez ■ Cynthia Moran ■ Peter J. Rogers

(
TEr_: 951 .413.3280
F,tx: 951.413.3719
W\,\ryV.MOVAL.ORC
IvtORENO VALLEY

WHERE DREAMS SOAR
I4075 FREDERICK STREET
P.O. Box 88005
MoRENo VALLEY. CA 92552-0805
July 24,2018
Subject Letter of Recom mendation
John F. Kennedy Veterans Memorial Park
Restroom lmprovements Project
Project No. PCS HSG GR - JFK RENO
To whom it may concern:

It has been a pleasant experience working with Sam Kasbar and his staff with KASA Construction on the JFK Park project. This project included a prefabricated restroom, plumbing, electrical, sewer, picnic shelter, irrigation, turf installation, shrub installation, colored concrete walkways, and site amenities. The final project turned out absolutely beautiful.

KASA was proactive throughout the project, notifying me of problem areas of plan elevations to material delays. KASA took these issues in stride and worked on other projects while waiting for plan revisions and materials. KASA kept a clean and safe work site. What was really commendable was that KASA still made the project schedule. lt would be a pleasure to work with Sam and KASA Construction again.

Sincerely,
Tony Hetherman
Parks Projects Coordinator
TH
Enclosure. Letter of Recommendation
c: Project File
V:\Development & SpecsUFK restroom\KASA\Recommendation.docx PARKS AN D CO IrZtrTZtU N ITY S I NVI C T S D E PARTM E NT

CITY OF SOUTH PASADENA

COMMUNITY SERVICES DEPARTMENT
1102 OXLEY STREET, SOUTH PASADENA, CA 91030
TEL: 626.403.7360 • FAX: 626.403.7361
WWW.CI.SOUTH-PASADENA.CA.US
October 25, 2016
To Whom It May Concern:

KASA Construction was awarded a contract for the construction of the dog park project in the City of South Pasadena, which was completed in Fall 2016. Their dedication to the project was a major factor in the project being completed in a successful and timely manner. Through this process, their staff was cooperative, flexible, and diligently worked with city staff. The project was constructed in a professional and workmanlike manner. Documentation and communication were timely and professional, and they were receptive to our requests.

KASA Construction is highly recommended, as their staff would be an excellent asset to any city or agency. Feel free to contact me at [email protected] or (626) 403-7362 if you need additional information.
leila Pautsch
Sincerely.
"Sheila Pautsch
Community Services Director

CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange .org PHONE (714) 744-7274 • FAX (714) 744-7251 July 14, 2015
KASA Construction
15148 Sierra Bonita Lane
Chino, Ca. 91710
Subject: Grijalva Park Exercise Circuit Landscape
To Whom It May Concern:

It is my privilege to offer this letter of recommendation on behalf of the City of Orange to KASA Construction for their superb work at our landscape renovation at Grijalva Park.

KASA Construction completed the work in a timely fashion, showing up on the job each day until it was complete. KASA Construction displayed a professional attitude and work ethic from their management, superintendent, foreman to laborer staffing. Customer service and satisfaction was reflected throughout this project... I would not hesitate in providing a positive referral and I hope that the City of Orange has the good fortune to work alongside them in the future,
Respectfully Submitted,
~/(vt Cre7­
Don Equitz /
Sr. Landscape Project Coordinator
COMMUNITY SERVICES DEPARTMENT. 230 E. CHAPMAN AVENUE. ORANGE , CA 92866

Exhibit B

Romany Basilyous, Engineering Manager

December 12, 2023

Larisa Sass

ZUSSER COMPANY INC
[email protected]

Hector Zavala, Estimator
KASA CONSTRUCTION, INC.
[email protected]

Luicci Nader

NATIONWIDE CONTRACTING SERVICES INC
[email protected]

RE: BID PROTEST DISPOSITION AND ORDER TO SHOW CAUSE
Barnes Park Multi Benefit Stormwater Capture Project (“Project”)

Introduction

The City of Baldwin Park (“City”) is in receipt of a bid protest dated November 20, 2023 (“Protest”, a copy of which is enclosed ) submitted by KASA Construction, Inc. (“KASA”) regarding the award of bids for the Barnes Park Multi Benefit Stormwater Capture Project (“Project”). As we understand the protest, KASA makes numerous allegations against the bids of two bidders who submitted lower bids, Zusser Company, Inc. (“Zusser”) and Nationwide Contracting Services, Inc. (“Nationwide”) (Nationwide and Zusser are collectively referred to herein as the “Lower Bidders”):

1. That Zusser listed more than one subcontractor for the same scope of work.

2. That Zusser violated prevailing wage laws.

3. That Nationwide listed a subcontractor that does not in fact have the contractually required experience.

4. That Nationwide improperly had its bid form signed by a person listing the title Vice -President rather than having such form signed by a person a person listing the title President and Secretary.

5. That Lower Bidders listed an unlicensed subcontractor.

6. That Lower Bidders listed a subcontractor that does not in fact have the contractually required experience.

7. That Lower Bidders lack the necessary ability, qualifications and experience.

8. That Lower Bidders are not qualified.

The City hereby rejects the Protest. As set forth herein, however, the City further directs Zusser to show cause why its bid should not be rejected as NON-RESPONSIBLE on the basis of the conduct described in the Decision of the Director of the California Department of Industrial Relations in Case No. 19-0134-PWH, and in addition on the basis of the fact that the results of it reference investigation did not give City staff confidence that Zusser “has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Public Contract Code section 1103). A statement setting forth such cause must be filed with the City on or before December 22, 2023.

Absent Zusser setting forth good cause, City Staff intends to recommend that the contract be awarded to Nationwide because its bid is responsive and the next-lowest.

Discussion

As observed in Judson Pacific-Murphy Corp. v. Durkee (1956) 144 Cal. App. 2d 377, 383 (“Judson”):

It must be remembered that competitive bidding statutes, and those requiring licenses for bidding on public work, are for the benefit of the public and not for the benefit of bidders or licensees. It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal or license application of the low bidder after the fact, cancel the low bid on minor technicalities, with the hope of securing acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy.

The City of Baldwin Park (“City”) regrets that it has received a bid protest from KASA, the third lowest bidder for this Project, attempting to leap-frog two (2) lower bidders, Nationwide and the Zusser, by alleging their bids were NON-RESPONSIVE in the hope of being awarded the contract for the Project at greater expense.

The City further regrets that Zusser nonetheless appears to be a NON-RESPONSIBLE bidder, not a non- responsive bidder, not only for some of the reasons alluded to in the Protest relating to Zusser’s record before the Department of Industrial Relations, but also because the results of it reference investigation did not give City staff confident that Zusser “has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract .” (Public Contract Code section 1103). The City is satisfied that Nationwide’s bid is responsive because the bid promises to do what the contract requires. (Taylor Bus Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331.) That KASA alleges that Nationwide will not in fact honor those contractual commitments does not render the bid non-responsive, but rather raises an issue as to responsibility, and as to that based on conclusory statements. That KASA alleges that Nationwide’s bid is non-binding because it the signature is accompanied by a title Vice-President rather than President and Secretary is preposterous, particularly considering that it is possible for a person to hold all such titles at the same time and Nationwide has furnished to the City attesting that that is in fact the case.

As explained in Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303 (internal citations and quotation marks omitted):

A public entity's award of a contract, and all of the acts leading up to the award, are legislative in character. [T]he letting of contracts by a governmental entity necessarily requires an exer-cise of discretion guided by consideration of the public welfare. [T]he mere fact that a pro-ceeding before a deliberative body may possess certain characteristics of the judicial process does not convert legislative action into an adjudication of a private controversy. Thus, both the award of the contracts and the decision to reject the protest should be considered legislative actions. Review of a local entity's legislative determination is through ordinary mandamus un-der section 1085. Such review is limited to an inquiry into whether the action was arbitrary, capricious or entirely lacking in evidentiary support.

It is regrettable enough that the City is in the position of anticipating rejecting a low bid because of apparent substantial, repeated, bad -faith violations of prevailing wage law as well as negative references. But to expect, as KASA invites, the City to reject the next -lowest-bid as well, based on an allegation of the wrong title being printed on a page as well as allegations that the contractor does not intend to honor its

contractual obligations it is representing it will honor, strains credulity, and the City proceeding in such manner would practically guarantee that the second -low-bidder would itself initiate ligation if the City proceeded as invited, which is to say to delay this major park improvement work substantially. As explained in 10 McQuillin, Municipal Corporations (3d ed.) § 29.29 (underline and italics added), competitive bidding laws are enacted “for the purpose of inviting competition, to guard against favor itism, improvidence, extravagance, fraud and corruption, and to secure the best work or supplies at the lowest price practicable and they are enacted for the benefit of property holders and taxpayers and not for the benefit or enrichment of bidders, and should be so construed and administered as to accomplish such purpose fairly and reasonably with sole reference to the public inte rest.” Nationwide would presumably cry favoritism, improvidence, extravagance, fraud and corruption itself were the City to proceed to contract with KASA at a higher price, and while Zusser may not be in a position to level such arguments given its particularly unique and extensive apparent prevailing wage violations as well as its substandard references, for KASA to apply the same disqualification to Nationwide applied to Zusser so as to award KASA the contract as invited at greater expense, is simply unreasonable under these facts and reflects a mistaken and wrong construction of public bidding laws as intended for a bidder’s personal benefit rather than the public’s. The reality is, if KASA wished to be awarded this contract, it should have, at a minimum, submitted a lower bid.

It is the City’s expectation that if KASA wishes to bring litigation in connection with this matter that it will initiate such action immediately after the contract for the Project is awarded by the City Council so that the City will not be further materially prejudiced by the proceedings being initiated during the prosecution of the Project. Obviously, if KASA were to prosecute such action either premat urely or in an otherwise unnecessarily prejudicial manner the City would consider all of its potential rights, remedies, and defenses.

Conclusion

The Protest is denied. All irregularities alleged are waived. City staff intends to recommend that City Council take action consistent with the foregoing and award the contract to Nationwide in the absence of Zusser setting forth good cause with respect to the matters pertaining to non-responsibility set forth above.

Respectfully,

Sam Gutierrez

CC: Grant R. Orbach, Best Best & Krieger LLP

Encl.: KASA Bid Protest

City of Baldwin Park • Public Works • Engineering Division 14403 E. Pacific Ave. • Ph.: (626) 960-4011, Ext. 459 •Email: [email protected]

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com November 20, 2023

City of Baldwin Park
14403 East Pacific Ave.

Baldwin Park, CA 91706

Project: Barnes Park Multi Benefit Stormwater Capture Project Subject: BID PROTEST
Bid Date: November 14, 2023, at 2:00 PM

This letter shall be construed as a Formal Bid Protest against the apparent low bidder, Zusser Company, and the second apparent low bidder, Nationwide Contracting Services, for the following reasons as explained below.

1. Failure to list only one subcontractor for the same Electrical Scope ( Zusser )

2. Failure to comply with DIR Prevailing Wage Requirements ( Zusser )

3. Failure to list Playground Equipment Installer / Subcontractor with min. 5 years of experience. (Nationwide )

4. Failure to properly execute signatures on Bid Proposal as instructed. ( Nationwide )

5. Failure to list a Licensed Landscape and Irrigation Subcontractor ( Zusser and Nationwide )

6. Failure to list a Fence Subcontractor with min. 5 years of experience. (Zusser and Nationwide)

7. Failure to have the Technical ability, qualifications and experience in constructing similar park projects (Zusser and Nationwide)

8. Non – Responsible Bidder (Zusser and Nationwide)

1. Failure to list only one subcontractor for the same Electrical Scope ( Zusser )

Zusser listed BOTH Creo Electric and Electro Construction as C-10 Electrical subcontractors in their bid. According to California Public Contract Code Sections 4100 through 4113, only one subcontractor may be listed for the same portion of work. If more than one subcontractor is listed, the prime Contractor “shall be qualified to perform that portion itself, and shall perform that portion itself.” Zusser is not licensed with a C-10 nor qualified to perform the electrical scope and therefore cannot perform the electrical on this project. See snip from the Greenbook.

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Page A-5 in the specifications clearly state that the prime Contractor is required to perform all aspects of a particular scope if it lists more than one subcontractor for the same portion of work.

See below snip from specs:

Besides an electrical contractor being required to hold a C-10 license, all employee electricians performing work under the C-10 contractor must also be State Certified in order to work on a prevailing wage project. Therefore, it is impractical to assume that Zusser would:
1) Have the ability and experience to perform in the caliber of a C-10 contractor, and 2) Employ qualified State Certified electricians to successfully complete the project. As a matter of fact, it would be impossible since the state certified workers can only work under a licensed C-10 contractor.

Based on the above, Zusser should be deemed non-responive.

2. Failure to comply with DIR Prevailing Wage Requirements ( Zusser )

Zusser’s history of performing public works projects is also problematic. According to the public record, the California Department of Industrial Relations published Case No. 19-0134-PWH against Zusser on 08/18/2022 regarding the Civil Wage and Penalty Assessment issued with respect to the work Zusser performed on the LADWP Lagoon Refurbishment (which was listed as a project reference). According to the DIR, Zusser was assessed $653,177.48 in penalties for a variety of failures including but not limited to the following violations:

A) Apprenticeship violations
B) Prevailing wage violations, including regular and overtime rates C) Misclassifying workers on the project
D) Training fund contribution violations
E) Liquidated damages associated with the incorrect wages The snip of the DIR’s Civil Wage and Penalty Assessment is attached and calls into question Zusser’s technical abilities and trustworthiness to successfully perform a project of this size in compliance with all applicable federal, state, or local laws.

Based on the above, Zusser should be deemed non-responive.

3. Failure to list Playground Equipment Installer / Subcontractor with min. 5 years of experience. (Nationwide)

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com

Per the Specifications section 11 68 13 – Playground equipment, the subcontractor for the installation of the play equipment must have a minimum of 5 years of experience and have completed a minimum of 5 similar projects. Please see snip from specs below.

Based on KASA’s experience in building Parks, KASA knows all the certified installer subs including everyone that submitted a quote for installation. Every quote received exceeded half of 1% of the total bid and were required to be listed. Unless Nationwide can prove that they have 5 years of experience self performing playgrounds and certified by the manufacturer, their bid must be deemed non – responsive.

4. Failure to properly execute signatures on Bid Proposal as instructed. (Nationwide)

Nationwide failed to follow the City’s instructions regarding Contractor signatures. Page A-5 in the Specifications states that bids submitted by corporations must be signed by the President and Secretary or Assistant Secretary, or they may be signed by other authorized persons as evidenced by a corporate resolution. In this case Nationwide failed to include a Corporate Resolution and / or failed to sign on behalf of Both Officers.

This requirement was reiterated in the City’s answer to Question #3 in Addendum #5: “A signature by the President and Secretary are required. Other person(s) may sign on behalf of corporation as specified in Section 5. Signature of Contractor.”
Nationwide failed to comply with the bid specs and addendum by signing only its Vice President and, therefore, their bid should be rejected as non-responsive.

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com See below snip of signature.

5. Failure to list a LICENSED Landscape and Irrigation Subcontractor in “good standing” ( Zusser and Nationwide )

Page A-4 in the Information to Bidders section of the Specifications states that “to be eligible to perform work, the bidder must be a Licensed California State Contractor in good standing.” This requirement also extends to all subcontractors listed by the Contractor in their bid.

Jon Gilmer Construction, CSLB # 582487, has a SUSPENDED CSLB license yet was still the listed subcontractor for Landscape and Irrigation by both Zusser and Nationwide. Please see the attached exhibits which prove the license was suspended both before and after the bid.

Zusser listed Jon Gilmer with a subcontract dollar value of $914,000 which equates to approximately

4.7% of their bid and Nationwide listed Jon Gilmer with a subcontract dollar value of $914,133 which equates to approximately 5.4% of their bid.

As stated in Section 4.3 of the Contract, “The experience, knowledge, capability and reputation of Contractor, its principles and employees were a substantial inducement for the City to enter into this Agreement.” ……. “It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principles were a substantial inducement for the City to enter into this Agreement.”
If either contractor attempts to self-perform the work of such caliber, they would be in direct violation of the contract. The City and its residents deserve quality work performed by an experienced Park builder like KASA Construction Inc. and this error should not be considered by the City as a minor irregularity.

The Technical Ability and Experience would be something both contractors would have to prove as it pertains to the self-performing Landscape and Irrigation for a Park project. Please make reference to the snip from the Bid Documents “Technical Ability and Experience” required below.

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Lastly, per the specifications, Section 32-93-95 / 1.03 Quality Assurance, the Landscape Contractor should have experience in horticultural and landscape maintenance. Besides KASA having experience for over 20 years in building Parks, KASA’s Landscape Superintendent worked with the world’s largest landscape company Valley Crest for over 20 years before finally joining KASA’s winning Team.

See below snip from the specs.

Neither Zusser nor Nationwide have a C-27 landscaping license and are not qualified to perform the substantial landscaping responsibilities on this project. At the end of the day, this is a Park project before anything else, and no other bidder is as qualified or experienced than KASA Construction Inc. at building parks. KASA’s reputation speaks for itself.

Based on the above, both Zusser and Nationwide shall be deemed non-responsive.

6. Failure to list a Fence Subcontractor with min. 5 years of experience. (Zusser and Nationwide)

Per the specifications 02 82 10 / 1.06 Qualifications / B, the specs require that the Fencing Sub / Installer have 5 years of documented experience. Both Zusser and Nationwide listed Ever Fence who has only been in business since February 05, 2020. KASA received a bid from Ever Fence, however, in order to remain compliant with the requirements of the bid, although they were less expensive, KASA was not able to list them. KASA opted to use Gold Coast Fence Inc., who meets the experience and requirements and has been in business since 2010.

Allowing Zusser or Nationwide to use Ever Fence would defeat the purpose of maintaining a fair playing field besides the fact that it would materially affect the bid.

As a result of this, neither contractor shall be able to utilize Ever Fence and both bids should be considered non-responsive.

See snip below from the specifications.

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com

7. Failure to have the Technical ability, qualifications and experience in constructing similar park projects (Zusser and Nationwide)

Upon reviewing the bid packages of both Zusser and Nationwide, it is without a doubt that both Zusser and Nationwide are unfit to be awarded this project. Both have very little to no experience with the intricacies required in order to build a park of this size. It appears both contractors listed only one Park project on their references. If that’s considered good, then KASA Construction is over 100x better as we have successfully completed over 100 park projects. Not only is KASA one of the most respected Park builders in Southern California, KASA Construction is also an expert when it comes to heavy civil and street improvement projects.

We self-perform several trades in house and own and operate our own machinery for total control over the work. KASA currently has 2 street improvement projects and 4 park projects. Our ability to properly manage the work with Procore and spearhead weekly meetings, makes the Owner job a lot easier and more efficient. Besides on time performance and quality, KASA has also earned its reputation from exceptional value engineering to provide alternative approaches and materials which are oftentimes better and at a lower cost to the Owner. This only comes with Experience and Reputation.

Owners know us, Suppliers know us, and Architects / Designers know us and this is when relationships really matter. Our influence and expertise with clients and vendors make all the difference for a successful project.

KASA Construction Inc. is by far the most experienced, qualified, and the lowest responsible bidder for this project. Our attached Letters of Recommendations speak for themselves.

8. Non – Responsible Bidder (Zusser and Nationwide)

Based on the above findings and the overwhelming supporting information attached, it is without a doubt that both bidders, Zusser and Nationwide, are non-responsive on multiple counts. The City reserves the right to reject proposals as non-responsive that do not demonstrate the Contractor’s technical abilities or familiarity with the scope of work.

Please see snip blow from the specs

KASA Construction respectfully requests that the City of Baldwin Park considers the above findings and make a fair and proper determination to deem the Bids by Zusser and Nationwide, NON- RESPONSIVE and Award the contract to KASA Construction Inc.

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com

If there is any additional information needed, please do not hesitate to call me on the number below.

Respectfully,

Hector Zavala
Estimator
KASA Construction, Inc.

CC: Robert Niesley/ Watt Tieder

Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________

15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com

Exhibit C

Marion T. Hack
D 213.928.9885
[email protected]

166156525v1
Troutman Pepper Hamilton Sanders LLP
Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071

troutman.com

December 14, 2023

VIA E-MAIL
Sam Gutierrez
City of Baldwin Park
Public Works, Engineering Division
14403 E. Pacific Ave.

Baldwin Park, CA 91706
Grant R. Orbach
Best Best & Krieger LLP
500 Capitol Mall
Suite 1799
Sacramento, CA 95814

Re: BID PROTEST DISPOSITION AND ORDER TO SHOW CAUSE
Barnes Park Multi Benefit Stormwater Capture Project

Dear Mr. Gutierrez and Mr. Orbach:

This firm represents the interests of Zusser Company, Inc. (“Zusser”). We are in receipt of your letter dated December 12, 2023, requesting a response to the City of Baldwin Park’s (“City”) Order to Show Cause regarding Zusser’s responsibility as a bidder for the Barnes Park Multi Benefit Stormwater Capture Project (“Project”). The notice is invalid as it does not follow clear California law regarding non-responsible determinations.

While Zusser intends to provide a formal response, we note that, as an initial matter, the City is required to (1) notify Zusser of any evidence reflecting upon its responsibility received from others or adduced as a result of independent investigation, (2) afford Zusser an opportunity to rebut such adverse evidence, and (3) permit Zusser to present evidence that it is qualified to perform the contract. (See City of Inglewood-L.A. County Civic Center Auth. v. Superior Court (1972) 7 Cal.3d 861, 871; Boydston v. Napa Sanitation Dist. (1990) 222 Cal.App.3d 1362, 1369.) Furthermore, due process compels a hearing take place prior to a rejection of the low monetary bidder as a non-responsible bidder. (City of Inglewood, supra, 7 Cal.3d at 871.) No hearing has been set and the evidence for which the City is basing its decision has not been provided.

Sam Gutierrez
Grant R. Orbach
December 14, 2023

Page 2 ends

166156525v1
The City asserts it is relying on “the results of its reference investigation” but has not provided Zusser with any evidence of such investigation. Accordingly, Zusser demands that the City (1) provide it with all evidence upon which the City is relying, (2) allow Zusser an opportunity to respond to that evidence, and (3) permit Zusser to present evidence at a hearing in order to demonstrate it is qualified to perform the contract for the Project.

Furthermore, the City also asserts that it anticipates rejecting Zusser’s low bid because of “apparent, substantial, repeated, bad-faith violations of prevailing wage law.” Yet, the City only refers to a single Decision of the Director of the California Department of Industrial Relations in case No. 19-0134-PWH. This decision did not include any finding of bad faith and instead involved a worker classification issue. Moreover, this decision is currently being appealed in the Los Angeles Superior Court, thus this current decision has yet to be finalized.

In any event, this decision certainly has no bearing on Zusser’s “trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Pub. Contract Code § 1103.) Indeed, the basis of the decision was whether the lagoon was within or outside of the treatment plant and therefore whether certain workers should be classified as storm drain pipelayers versus pipefitters. This has no bearing whatsoever on Zusser’s ability to perform the contract and certainly does not evidence a bad faith violation of prevailing wage law. In fact, in the almost ten years since the project at issue in the DIR’s decision, Zusser has been deemed a responsible contractor on several dozen of public works projects in California and competently performed its work regarding the same, which calls into question the motivation for the City’s determination.

Zusser is a public works, prevailing wage contractor employing both union and nonunion employees on its projects. Zusser has performed work for Los Angeles County (including the Sanitation District of Los Angeles), Orange County, Imperial County, State of California Parks, multiple municipalities, cities and water districts. Zusser has also paid millions of dollars in prevailing wages including tens of thousands of man hours, and apprentice training from initial to journeyman. Zusser has also participated and continues to successfully participate in several local hiring and disadvantaged programs designed for workers in Los Angeles County.

The City notes, in its letter, that competitive bidding laws are enacted to guard against favoritism. Indeed, the statute requiring a public entity to award a contract to the lowest responsible bidder is aimed at “guarding against Tammany-style favoritism and corruption.” (Great West Contractors, Inc. v. Irvine Unified School Dist. (2010) 187 Cal.App.4th 1425, 1449.) “To hold otherwise as a broad principle would open the door to possible favoritism, fraud or corruption in the letting of other public construction contracts.” (Ibid.) Yet, the City’s position as to Zusser’s alleged non-responsibility smacks of favoritism. Indeed, the City has already stated it anticipated rejecting Zusser’s bid based on unknown and unsubstantiated “negative references,” and a single decision of the DIR, currently on appeal, on a 10-year-old project which has no bearing whatsoever on Zusser’s ability to perform the Project, nor includes any bad faith violation of prevailing wage law. As you know, responsibility means the fitness, quality, and capacity of the bidder to satisfactorily perform the proposed work. (Taylor Bus Sam Gutierrez
Grant R. Orbach
December 14, 2023

Page 3 ends

166156525v1
Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331, 1341–1343.) Here, the City has not demonstrated any evidence which would call into question Zusser’s fitness, quality and capacity of the bidder to satisfactorily perform the Project.

Considering the utter lack of evidence that the City has for rejecting Zusser’ bid, we ask that the non-responsibility be withdrawn immediately. If the City does not withdraw this determination, the City must immediately (1) provide all “negative reference” evidence upon which the City is relying for its determination, (2) allow Zusser an opportunity to respond to that evidence at a hearing, and (3) permit Zusser to present evidence at a hearing in order to demonstrate it is qualified to perform the contract for the Project. Considering the real question here of partiality of the City in this matter, the hearing officer needs to be clearly impartial to the proceedings and have no stake in the outcome. Anything less, would be violation of the due process rights of Zusser.

Best regards,
Marion T. Hack

MTH
cc: Misha Fyodorov
Exhibit D

Grant R. Orbach
Associate
916 329-3692
[email protected]
Best Best & Krieger LLP | 500 Capitol Mall, Suite 1700, Sacramento, California 95814 Phone: (916) 325-4000 | Fax: (916) 325-4010 | bbklaw.com December 20, 2023
VIA E-MAIL [[email protected]]
Marion T. Hack
Troutman Pepper Hamilton Sanders LLP
Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071
Re: BID PROTEST DISPOSITION AND ORDER TO SHOW CAUSE
Barnes Park Multi Benefit Stormwater Capture Project
Dear Ms. Hack:

Our office represents the City of Baldwin Park (“City”). Please direct all further communications regardin g this matter to the undersigned. The City is in receipt of your correspondence on behalf of your client Zusser Company, Inc. (“Zusser”) dated December 14, 2023 regarding the above referenced matter. Said correspondence takes no issue with the position actually communicated by the City in its correspondence dated December 12, 2023, but instead takes issue with positions not taken by the City in said correspondence. The City declines the invitation to defend actions it has not taken and positions it has not communicated.

By way of background, the City received a bid protest from KASA Construction seeking the rejection of Zusser’s bid and another bidder’s bid on the grounds of non-responsiveness. The City correctly treated such protest as a protest grounde d on an allegation of non-responsibility, and accordingly offered Zusser notice of matters for which the City was contemplating a non - responsibility finding so that your client had notice and an opportunity to respond.

Instead of thanking the City for reco gnizing the mischaracterization in KASA Construction’s protest and affording your client an opportunity to respond to the concerns that have arisen that does not exist in a bona fide non-responsiveness challenge as KASA Construction postured its protest , Zusser apparently sees fit to accuse City staff of “favoritism”, specifically citing as legal authority a case observing that competitive bidding laws are designed to avoid “Tammany-style favoritism and corruption[]”, (Great West Contractors, Inc. v. Irvine Unified Sc
hool Dist. (2010) 187 Cal.App.4th 1425, 1449), which is to put it mildly a serious accusation for which Zusser has offered no factual support and which is not appropriately directed.

Section 1103 of the Public Contract Code provides in full (emphasis added):
““Responsible bidder,” as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract. The Legislature finds and declares that this section is declaratory of existing law.”
Marion T. Hack
December 20, 2023

Page 2 ends

Best Best & Krieger LLP
The City observes that it questions whether Zusser has demonstrated such responsibility through the references it provided with its bid. Zusser is invited to demonstrate in its statement of cause why its performance on the following projects demonstrates the attributes described in section 1103 of the Public Contract Code:
 West Hollywood — Pan Pacific Retention Basin Diversion Gate & Control House Upgrade
 Point Dume Staircase Replacement
 John Anson Ford Park Infiltration Cistern
 LADWP Lagoon Refurbishment
 Robert B. Diemer Water Treatment Plant Fire & Portable Water Pump Station.

Not every reference listed above was contacted, and some of the references contacted above did not respond or did not respond in a manner which suggested a willingness to speak with full candor without fear of retaliation from Zusser. Zusser would be well adv ised to exercise full candor in its statement of cause as to any disputes that arose during these projects and how they were resolved, enclosing copies of the relevant correspondence relating thereto.

As to Zusser’s characterization Decision of the Directo r of the California Department of Industrial Relations in case No. 19 -0134-PWH, the City looks forward to Zusser’s formal response.

Finally, as to the general thrust of Zusser’s argument that “[t]he notice is invalid as it does not follow clear California law regarding non-responsible determinations”, Zusser’s argument fails because the City has not rejected Zusser’s bid on the grounds of non -responsibility. Zusser will be afforded such a hearing before any such action is taken . As was stated unambiguously in the City’s letter, “City staff intends to recommend that City Council take action consistent with the foregoing and award the contract to Nationwide in the absence of Zusser setting forth good cause with respect to the matters pertaining to non -responsibility set forth above. ” (emphasis added).

Obviously, such a hearing would take place at or before City Council action on the award of the contract.

Contrary to KASA Construction’s invitation, Zusser has been offered notice and an opportunity to be heard. The City would encourage Zusser to avail itself of this opportunity and set forth a factual basis to support why it is a responsible bidder, with full candor. If Zusser has any concerns as to wheth er the City is engaged in “Tammany -style favoritism and corruption[]”, those concerns are probably more appropriately directed to another authority. For now, the City intends to limit its inquiry to whether Zusser has demonstrated the attributes required under section 1103 of the Public Contract Code.

Please notify the undersigned promptly as to whether Zusser and its bid bond surety will commit to hold their bid good through February 13, 2024 . Absent such extension being agreed to by the three (3) lowest bidders, the City will likely need to set a special meeting for early Marion T. Hack
December 20, 2023

Page 3 ends

Best Best & Krieger LLP
January to dispose of the protest and any due process hearing in connection with Zusser’s responsibility if Zusser’s statement of good cause is not sufficient to resolve staff’s concerns.

Sincerely,

Grant R. Orbach
for BEST BEST & KRIEGER LLP

GRO:ab

Exhibit E
r A--- *
-Tm-T-
dlqw-rrrEDER
2040 Main Street, Suite 300
lrvine, California 92614
Telephone: 949-852-6700
Facsimile: 949-261 -07 7 1
www.watttieder.com
WATI TIEDER, HOFFAR & FITZGERALD, L.L.P
December 21,2023

VIA EMAIL AND FEDEX OVERNIGHT DELIVERY
Sam Gutierrez
s gutien ez@b al dwinp ark. co m
Romany Basilyous
rbasilyous@baldwinpark. com
City of Baldwin Park Public Works Engineering Division
14403 E. Pacific Ave
City of Baldwin Park, CA91706
Grant R. Orbach
Best, Best & Krieger LLP
500 capitol Mall suite 1700
Sacramento, CA 95814
grant. o rb ach @,bbkl aw. c o m
City's Response to KASA Construction's Bid Protest on Barnes Park Multi Benefit Stormwater Capture Proj ect ("Proj ect")
Dear Sirs
This firm represents KASA Construction, Inc. ("KASA") regarding the Barnes Park Multi Benefit Stormwater Capture Project ("Project"). This letter shall constitute KASA's effort to meet and confer with respect to the City of Baldwin Park's ("City's") December 12,2023 response to KASA's bid protest.

On November 14,2023, Zusser Company, Inc. ("Zusser"), Nationwide Contracting Services, Inc. ("Nationwide") and KASA Construction ("KASA") submitted their bids to the City, and were revealed to be the 1st, 2nd and 3rd lowest bidders for the Project. On November 20,2023, KASA submitted a bid protest against both Zusser and Nationwide as the first and second apparent low bidders. On December 12,2023, the City rejected KASA's protest, but directed Zusser to show cause as to why its bid should not be rejected as non-responsible.

While KASA agrees that Zusser is a non-responsible bidder, the City failed to give adequate consideration for the non-responsiveness of both Zusser and Nationwide's bids. Of KASA's six (6) reasons why Nationwide's bid should be rejected, the City's rejection arbitrarily only addressed one (1) - the executed signature. Mr. Gutierrez writes:
"The City is satisfied that Nationwide's bid is responsive because the bid promises to do what the contract requires (Taylor Bus Service, Inc. v. San Diego Bd of Education (1987) 195 Cal.App.3d 133 1 .) That KASA alleges that Nationwide will Re
Sam Gutierrez
Romany Basilyous
Grant R. Orbach
December 21,2023
Page2
not in fact honor those contractual commitments does not render the bid non- responsive, but rather raises an issue as to responsibility, and as to that based on conclusory statements."
As set forth below, the City's analysis is incorrect. Only KASA's bid promised to do what the contract requires both as set forth by California law (requiring all contractors to be licensed and to have the proper specialty licenses) and as set forth by the Project specifications (requiring minimum years of experience). The City cannot accept Nationwide's bid, which is based on both an unlicensed landscape subcontractor and a fencing subcontractor who cannot meet the defined Specifications for the Project. Nationwide had a clear, unfair advantage in listing these subcontractors. Such an advantage is material, and cannot be waived by the City.

Moreover, Nationwide does not have the requiredc-2T license to perform its unlicensed landscape subcontractor's work. Without either Nationwide or its subcontractor having the proper license to perform this work, Nationwide must be considered a non-responsible bidder.

Finally, Nationwide has been sued by the Construction Laborers Trust funds for Southem California Administrative Company in a pending lawsuit in the United States District Court for the Central District of California, Case No. 8:23-cv-0052l, for monetary damages due to employee benefit plans arising from project labor, collective bargaining and trust agreements. The complaint alleges Nationwide failed to make monthly contributions for its employees. These allegations go to the "trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract." Pub. Cont. Code $ 1103. The City should also consider whether Nationwide is a non-responsible bidder in light of these allegations.

MPLY WITH THE BID DOCUMENTS

ITS LIST OF S NTRACTORS
A. Nationwide's Designated Landscape Subcontractor is Unlicensed in California and Nationwide Does Not Hold the Requisite C-27 License or Experience to Self-Perform this Work
Per the Bid requirements, the bidders were required to certify that their bids were based on designated subcontractors who would "be used for the work for which they bid in accordance with the applicable provisions of the Specifications for the Project." See Designation of Sub- Contractors. The Subletting and Subcontracting Fair Practices Act also requires all prime contractors submitting bids on public construction projects in California to provide the subcontractor's CSLB license numbers on their subcontractor designation forms.

Nationwide (and Zusser) listed Jon Gilmer Construction (CSLB #582487) as the landscape and irrigation subcontractor. Jon Gilmer Construction had and has a suspended license per the CSLB.

Bidders were required to list subcontractors they intended to use. By listing this unlicensed subcontractor, Nationwide's bid was non-responsive. The City rejected KASA's protest "based on conclusory statements." There is nothing conclusory about this subcontractor's non-licensure. A review of its standing on the CSLB website shows its status as unlicensed.

I.

Sam Gutierrez
Romany Basilyous
Grant R. Orbach
December 21,2023

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This material defect in Nationwide's bid is not easily waived. Nationwide does not hold the requisite C-27 landscape license to self-perform this work. The Project specifications required that the Contractor "shall possess a valid Class A California Contractor's License or other appropriate license classification under the State Contracting Code at the time the contract is bid." Neither Nationwide nor its listed subcontractor have the proper licensing for the Project.

Nationwide also lacks the technical ability and experience to be a responsible bidder for this scope.

The landscaping is a large portion of this park project for which experience is vital. Whereas KASA is a well-known park contractor, Nationwide lacks the resume to show they have sufficient landscaping experience. Nationwide cannot back up that deficiency by listing an unlicensed landscaper. The bid documents made it clear that experience was an important factor to the City, and the City should require that experience on this Project.

B. Nationwide's Designated Fencing Subcontractor Did Not Meet the Specifications
The Specifications set forth in the Bid required that the company installing chain link fencing have a minimum of five (5) years documented experience. As set forth in KASA's bid protest, Nationwide (and Zusser's) listed subcontractor, EverFence, does not meet this requirement. KASA attested that this subcontractor was less expensive than its listed fencing subcontractor, but KASA did not use Ever Fence's bid because of the specifications. KASA followed the rules and is now being punished for following them. The City should not arbitrarily ignore Nationwide's disregard for the bidding requirements.

Respectfully, the City's December 12,2023 rejection letter failed to address either of these clear, material violations in Nationwide's bid.

II. NATIONWIDE'S BID DID NOT COMPI,Y WITH CAI,IF'ORNIA LAW A. The Bid Was Non-Responsive
Literal compliance with the bid request is a consideration in determining non-responsiveness.

Great W. Contractors. Inc. v. Trvine IInified Sch. Dist.- 187 Cal. App. 4th 1425,1456 (2010), as modified (Sept. 30, 2010), opinion supplemented on denial of reh'g. No. G041688, 2010 WL 3789323 (Cal. Ct. App. Sept. 30, 2010)(citing D.H. Williams Construstion Co. v. Clovis Unified School Dist. ,146 Cal. App. 4th 757 ,69-770 (2007). Nationwide's bid was not responsive because it designated an unlicensed landscape subcontractor at the time of bid opening, and the bid listed a fencing subcontractor who does not have the specified minimum five (5) years' experience required to perform the work. While minor deviations are not sufficient grounds to reject a bid, these are not minor. Nationwide included bids from subcontractors whose work would either be illegal or in violation of the contract. The City should not ignore these deviations and Nationwide's bid must be rejected.

Sam Gutierrez
Romany Basilyous
Grant R. Orbach
December 21,2023

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B. The Bid's Defects are Material and Cannot Be Waived
While the City has the discretion to waive minor details of the bid specifications, "[t]he point of discretion is that the agency may properly act in either discretion. It may waive or refuse to waive such deviations." MCM v. City & County of San Francisco, 66 Cal. App. 4th 359, 373 (1998).

That discretion also extends only to the extent "such a waiver will not make the bidding process unfair i.e., if the deviation from the specifications is inconsequential." Menefee v. County of Fresno, 163 CaL App.3d 1175, Il80 (1985) (citing 47 Ops.Cal.Atty.Gen. 129 (1966)(allowing missing signature on bid). Whether a defect is inconsequential is clearly set forth in the case law:
"the variance cannot have affected the amount of the bid or given the bidder an advantage or benefit not allowed other bidders" Valley Crest Landscape v. Davis,4l Cal. App. 4th 1432 (1996) (citing Konica Business Machines U.S.A.. Inc. v. Regents of University of California,206 Cal.

App. 3d 449, 454 (1988))(emphasis in the original).

Here, the defects are not inconsequential because they affected the amount of the bid. KASA received the same pricing as Zusser and Nationwide from EverFence but intentionally declined to list them because of EverFence's lack of experience under the Specifications. Similarly, use of an unlicensed contractor's price in the bid submission is undoubtedly a benefit not allowed other bidders.

C. Nationwide Gained an Unfair Advantage Over Other Bidders A bid can be accepted but only if the claimed errors do not affect the amount of the bid or give the bidder an advantage that others bidders do not have. See Ghilotti Construction Co. v. Citv of Richmond, 45 CaL App. 4th 897,904-905 (1996) (qlug 47 Ops.Cal.Atty.Gen. 129,130 (1966)).

A proper measure of whether the agency's waiver resulted in an "unfair advarftage" is whether the contractor would have been liable on the bid bond if they had attempted to back out of their bid after it had been accepted by the owner. Menefee v. County of Fresno, 163 Cal. App. 3d 1179, 1181 (1985). If the bidder could use their listed of unlicensed and unqualified subcontractors to later avoid a contract, it had an unfair advantage. On the other hand, if the bidder could not use those listings to avoid its bid, it did not gain any advantage from the defect, and, therefore, waiver should be permitted. Id. at 1 181.

Because an unlicensed and unqualified subcontractors cannot perform the work, Nationwide could use these material defects as the basis to: (1) retract its bid (after being accepted by the City as the lowest bidder); and (2) avoid forfeiture of any bid bond. Nationwide had a clear advantage if he is allowed to list unlicensed, or unqualified subcontractors to achieve a lower bid price than the other bidders.
ilI. CONCLUSION
Based on the foregoing, and the well-established California cases, the City should reject both Zusser and Nationwide's bids and proceed with awarding the contract to KASA. The people of the City of Baldwin Park are entitled to a licensed, qualified team for this Project.

Sam Gutierrez
Romany Basilyous
Grant R. Orbach
December 21,2023

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Thank you for your consideration. This letter is being sent in advance of any litigation. We hope to have a further dialogue with the City concerning the merit of KASA's legal position. Please call me at your earliest opportunity to discuss.

Sincerely,
Wntr, TteteR, HoRnRn & FrrzcpnAI-D, L.L.P
Robert C. Niesley

RCN/ALM
20136398.1 l 0443 1.00003
Exhibit F

Marion T. Hack
D 213.928.9885
[email protected]

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Troutman Pepper Hamilton Sanders LLP
Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071

troutman.com

December 22, 2023

VIA E-MAIL
Grant R. Orbach
Best Best & Krieger LLP
500 Capitol Mall
Suite 1799
Sacramento, CA 95814

Re: BID PROTEST DISPOSITION AND ORDER TO SHOW CAUSE
Barnes Park Multi Benefit Stormwater Capture Project

Dear Mr. Orbach:

This letter is being submitted in response to the City of Baldwin Park’s (“City”) December 12, 2023 letter requesting a response to the Order to Show Cause regarding Zusser Company, Inc.’s (“Zusser”) responsibility as a bidder for the Barnes Park Multi Benefit Stormwater Capture Project (“Project”), and your December 20, 2023 letter. Also, in response to the request in your December 20, 2023 letter, Zusser agrees to extend its bid bond to February 13, 2024.

Zusser hereby reiterates that the City’s notice is invalid as it does not follow clear California law regarding non-responsible determinations. Although you have asserted that the City has not yet made any determination of non-responsibility, the City’s December 12 letter clearly states “Zusser nonetheless appears to be a NON-RESPONSIBLE bidder” and that “the City is in the position of anticipating rejecting a low bid.” Despite Zusser’s request, the City failed to provide Zusser with any evidence upon which the City is relying, and the City failed to provide Zusser with the requisite impartial hearing compelled by due process. (See D.H.

Williams Construction, Inc. v. Clovis Unified School Dist. (2007) 146 Cal.App.4th 757, 763 [In making this determination [of whether a low bidder is responsible], however, the agency is required to afford a significant level of due process to the bidder, including notice and an opportunity to respond].) Zusser therefore renews its objections outlined in its December 14, 2023 letter.

With respect to Zusser’s alleged non-responsibility, the following will provide the City with ample evidence that Zusser is the lowest responsible bidder on the Project. As you know, responsibility means the fitness, quality, and capacity of the bidder to satisfactorily perform the proposed work. (Taylor Bus Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d Sam Gutierrez
Grant R. Orbach
December 22, 2023

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1331, 1341–1343.) Responsibility is defined by statute as “trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Pub.

Contract Code § 1103.) A bidder is responsible if it can perform the contract as promised. (Taylor Bus Service, Inc., supra, 195 Cal.App.3d at 1341.) As evidenced by the successfully completed projects by Zusser over the years, there is no doubt Zusser can perform the contract as promised.
“Determining whether a certain bidder is ‘responsible’ generally entails an evaluation of the bidder's trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the contract in question. (Pub. Contract Code, § 1103; City of Inglewood–L.A. County Civic Center Auth. v. Superior Court (1972) 7 Cal.3d 861, 867.) Determinations of non-responsibility are reserved for extraordinary circumstances where the contractor is truly not able to perform the contract or has committed intentional fraud. For example, in Stacy & Witbeck, Inc. v. City and County of San Francisco (1995) 36 Cal.App.4th 1074, the contractor was deemed to be irresponsible after the public utilities commission determined the contractor knowingly and intentionally submitted a false claim. Zusser has never been found to be in violation of the False Claims Act. In another example, in Great West Contractors, Inc. v. Irvine Unified School Dist. (2010) 187 Cal.App.4th 1425,1458, the court noted that the school district had rejected the contractor’s bid for dishonesty for not disclosing associated licenses. Similarly, D.H. Williams Construction, Inc. v. Clovis Unified School Dist. (2007) 146 Cal.App.4th 757, 766 states that if an agency had reason to believe a bidder knowingly listed a subcontractor, whether licensed or not, with the intention of substituting a different subcontractor once the prime contract was awarded, the agency would be entitled to reject the prime bidder as not responsible. These are all examples where the contractor committed intentional fraudulent acts or raised concerns about the contractor’s dishonesty. There is no such similar circumstance here related to Zusser’s bid.

Your December 20 letter questions whether Zusser has demonstrated responsibility through the references it provided with its bid and invites Zusser to demonstrate why its performance on certain projects demonstrates the attributes described in Section 1103 of the Public Contract. Yet, the City admits it did not call all of Zusser’s references, in fact it appears that the City has not received any negative reference for Zusser. This is inconsistent with the original statements by the City that the City was “anticipating rejecting a low bid because of apparent substantial, repeated, bad-violations of prevailing wage law as well as negative references.” Yet, none of that appears to be true. There is no evidence of “repeated bad- violations of prevailing wage law” and there were no negative references. In fact, the City admits it did not call all of Zusser’s references. We do not take accusation of favoritism lightly but with these facts, it is not hard to come to the conclusion that the City is not treating Zusser fairly and is improperly favoring other bidders.

Further, it does not appear that Nationwide has had to prove its responsibility in the same manner as Zusser, even though its qualifications were also questioned. The protesting contractor claimed that both Nationwide and Zusser were not qualified to perform the project.

Sam Gutierrez
Grant R. Orbach
December 22, 2023

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Yet, only the low bidder, Zusser, has had to go through this exercise of proving its responsibility to perform the contract.

In any event, while your letter lacks any specific allegations of a lack of responsibility or trustworthiness for Zusser to specifically respond to, Zusser provides the following information on the projects referenced in your letter. Additionally, Zusser has enclosed supplemental information for the five projects discussed below.
 The West Hollywood Pan Pacific Retention Basin Diversion Gate & Control House Upgrade Project involved replacement of existing slide gate, upgrading the mechanical, electrical, and control systems for the new slide gate, and construction of a new control house within the Pan Pacific Retention Basin. The initial contract scope has been entirely fulfilled. The outstanding tasks involve miscellaneous additional electrical work initiated by the County. The anticipated completion date for these remaining tasks is currently set for January 2024. This schedule aligns with the overall contractual timeframe as allocated. There were no disputes on this project and all issues regarding extra work were resolved through mutually agreed change orders. In addition, there were no warranty issues on this project.
 The Point Dume Staircase Replacement Project involved removal of existing the stairway and construction of new stairway with an ADA trail above the staircase in Malibu, CA. This was an extremely technically complicated project involving work on an almost 90-degree slope. Despite the technical challenges, this project was completed successfully and on time. There were no disputes on this project and all issues regarding extra work were resolved through mutually agreed change orders. In addition, there were no warranty issues on this project.  The John Anson Ford Park Infiltration Cistern Project in Bell Gardens, CA involved construction of a diversion structure and subsurface infiltration basin beneath the park to capture and recharge both dry-weather and storm runoff.

The work involved construction of subsurface infiltration cistern, pretreatment unit, reinforced concrete box culverts and vaults, installation of storm drain, sewer, park restoration, monument signs, landscaping, irrigation and flat concrete. This project has achieved substantial completion. Zusser has claims for extra work and owner-caused delays while the City of Bell Gardens has assessed liquidated damages against Zusser. Zusser contends that any delays that were not owner-caused, were the fault of its supplier, Jensen Enterprises, Inc. Jensen had difficulties with the fabrication of its precast concrete boxes which resulted in repair work and delays. Jensen used a dry-cast method which has since been banned for use in cistern systems by several public agencies.

The parties are currently in the ADR process with a mediator pursuant to the provisions in the contract and thus are unable to provide you with mediation Sam Gutierrez
Grant R. Orbach
December 22, 2023

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protected materials. Zusser believes that the claims between itself and the City will be resolved shortly. No lawsuits, demands for arbitration, or other legal actions have been filed to date.
 LADWP Lagoon Refurbishment involved construction of a liner basin of over 7,000 linear of PVC, on-site screening of over 6,000 cy of underdrain rock, disposal of hazardous materials, refurbishment of existing valve structures and installation of electrical panes and utility cabinets. This project was completed successfully and on time. There were no disputes on this project with the owner and all issues regarding extra work were resolved through mutually agreed change orders. In addition, there were no warranty issues on this project.

Zusser is currently appealing a decision from the DIR in the Los Angeles Superior Court which involves wage classification, as more fully discussed below.  Robert B. Diemer Water Treatment Plant Fire & Portable Water Pump Station involved construction of the treatment plant and pump station including mechanical pipe work, structural concrete, flat concrete, electrical work, piles, shoring and excavation, structural steel, and site work. This project was completed successfully and on time. There were no disputes on this project and all issues regarding extra work were resolved through mutually agreed change orders. In addition, there were no warranty issues on this project.

There is no doubt that Zusser has the trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the contract in question. For nineteen (19) years Zusser has been a family run general contractor specializing in public works that serves the greater Los Angeles and Orange County areas. Since 2005, Zusser has held a General Engineering A, Building Construction B, and Hazardous Substances Removal HAZ contractor licenses in good standing with the California State License Board. The City’s RFP required that the bidders possess valid Class A licenses. “The California Contractors' State License Board issues Class “A” licenses for general engineering contractors whose principal business involves fixed works requiring specialized engineering knowledge and skill, including irrigation, drainage, water supply, flood control, pipeline, and related excavating, grading, trenching and concrete work. (Bus. & Prof.Code, § 7056; Cal.Code Regs., tit. 16, § 830.)” (M & B Const. v. Yuba County Water Agency (1999) 68 Cal.App.4th 1353, 1356–1357.) Thus, in order to be granted a Class A license, a contractor must demonstrate its principal business involves the ability to take on Class A work which is defined as follows:
7056. A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, dams and hydroelectric projects, levees, river control and reclamation works, railroads, Sam Gutierrez
Grant R. Orbach
December 22, 2023

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highways, streets and roads, tunnels, airports and airways, sewers and sewage disposal plants and systems, waste reduction plants, bridges, overpasses, underpasses and other similar works, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, powerplants and other utility plants and installations, mines and metallurgical plants, land leveling and earthmoving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above-mentioned fixed works.

Zusser is fully insured and bonded as required by the RFP. Zusser’s bonding capacity, as evidence by the letter from its surety in the enclosed supplemental information, is currently at $40,000,000 (single) and $50,000,000 (aggregate). This is important because a bonding company performs underwriting to make sure the contractor has the capacity and competency to perform the work. In fact, in the letter, Zusser’s surety states that based on its investigation, Zusser is a company well versed in the construction industry with a great depth of experienced people, known for their ability to complete contracts on schedule, within budget and with exceptional workmanship. In its almost twenty years in business, Zusser has attained a network of reputable subcontractors, designers, and surveyors that meet its stringent quality and dependability requirements.

Moreover, Zusser is a prevailing wage contractor employing both union and nonunion employees on its projects. Zusser has performed work for Los Angeles County (including the Sanitation District of Los Angeles), Orange County, Imperial County, State of California Parks, multiple municipalities, cities and water districts. Zusser has also paid millions of dollars in prevailing wages including tens of thousands of man hours, and apprentice training from initial to journeyman. Zusser has also participated and continues to successfully participate in several local hiring and disadvantaged programs designed for workers in Los Angeles County.

As to the City’s request for a formal response related to the Decision of the Director of the California Department of Industrial Relations in case No. 19-0134-PWH, as noted in our December 14, 2023 letter, this decision did not include any finding of bad faith and instead involved a disagreement over a worker classification issue. Moreover, this decision is currently being appealed in the Los Angeles Superior Court, thus this current decision has yet to be finalized. Enclosed herein is Zusser’s Motion for Issuance of Writ of Mandate for your review.

As is described in detail in the Motion, the DIR’s decision was based on a determination that Zusser misclassified sewer and storm drain pipelayer workers on the project which alleged misclassification is not supported by the evidence. Indeed, the DIR decided to reclassify the workers as pipefitters because it claimed the lagoons on the project were connected to a plant, yet the evidence demonstrated that when Zusser performed work in the lagoons, there was no connecting pipeline to any facility. The uncontradicted evidence is that Zusser’s work was Sam Gutierrez
Grant R. Orbach
December 22, 2023

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performed exclusively in the lagoons. In any event, this decision certainly has no bearing on Zusser’s “trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Pub. Contract Code § 1103.) In fact, in the almost ten years since the project at issue in the DIR’s decision, Zusser has been deemed a responsible contractor on several dozens of public works projects in California.

Of more concern is that a search of contractors that have been awarded contracts by the City show that the City has repeatedly awarded contracts to contractors that had reported DSLE violations, sometimes multiple violations. As an example, All American Asphalt was awarded a contract in June 2022 but there are DSLE claims against them reported in 2020 and June 2022, and it appears the June 2022 claim is still ongoing. (See enclosed record from DSLE.) PCN3 was awarded a contract by the City in 2022 and they also had a wage claim by the DSLE in 2012. (See enclosed record from DSLE.) There are other examples where the City has awarded contracts to contractors who have DSLE violations. Clearly the City did not take into account DSLE violations in other bidding decisions, so it is highly questionable that now, all of a sudden, Zusser’s alleged violation over a worker classification issue is a compelling reason to determine Zusser’s responsibility. The City’s reliance on one DIR decision (which is not yet finalized as it is currently on appeal) regarding wage classification with no finding or determination of bad faith, when it has awarded several contracts to other contractors with multiple DSLE violations, is a clear indicator that the City is illegally favoring another contractor over Zusser.

Moreover, this “evidence” is clearly insufficient to classify Zusser as a non-responsible bidder. If every dispute between Contractors and the DLSE over classification issue resulted in debarment then there would be no contractors available to perform work as this is the most common disputes that contractors have with the DSLE. Determinations of responsibility “inherently carry at least some danger of arbitrary or erroneous determinations.” (See Advance Real Estate Services, Inc. v. Superior Court (2011) 196 Cal.App.4th 338, 352.) The arbitrariness of the City’s determination is apparent. The City has provided no evidence of Zusser’s fitness to perform the work and has found other contractors fit to perform work with the same DLSE issues. This is very concerning that a City would be acting in such a manner.

Notwithstanding the lack of detail for Zusser to specifically rebut any allegations of non- responsibility, Zusser has been deemed a responsible contractor on countless public works projects in California. With respect to this Project, Zusser no doubt has the requisite trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the contract in question. Indeed, this Project is a stormwater capture consisting of a subsurface infiltration system designed to capture over 16 acre-feet of runoff for groundwater recharge. The Project also consists of surface improvements to an existing park space including but not limited to additional and expanded parking, new courts and play areas, grass/turf improvements, landscaping, water features and lighting. Zusser has successfully performed similar projects as described above and in the enclosed supplemental information. These projects include a wide variety of underground water storage, stormwater capture, and other water systems. In Sam Gutierrez
Grant R. Orbach
December 22, 2023

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addition, the projects include a variety of public parks and various trades including but not limited to electrical, concrete, structural, demolition, grading and excavation, asphalt, masonry, utilities, sewer, drainage, water lines, and design and survey. Accordingly, Zusser is fully capable of satisfactorily performing the contract for the Project and is the lowest responsible bidder on the Project. The City has no competent evidence to the contrary.

Considering the utter lack of evidence that the City has for rejecting Zusser’ bid, we ask that the non-responsibility be withdrawn immediately. Under well-established California law, the determination that an otherwise winning bidder is ‘irresponsible’ entitles the bidder, as a matter of due process, to a hearing on that determination.” (Advanced Real Estate Services, Inc., supra, 196 Cal.App.4th at 351-352.) Thus, Zusser renews its request for an impartial hearing to rebut the City’s claims. The failure to provide the evidence for which the City bases its initial decision is quite concerning and required Zusser to respond to unknown allegations in a vacuum. There is a taint to this request that is akin to a setup of Zusser. If the City had evidence of its claims and withheld it from Zusser that would be another piece of evidence pointing to an improper motive of the City. We hope that is not the case.

Sincerely,

Marion T. Hack

MTH
cc: Misha Fyodorov
Enclosures
Page: 1 of 1
2Total Records:
12/14/2023Search Date:

Filter Applied:

Defendant Name
all american asphalt
Defendant Name Party
Type
Case
Number
NAICS
Code NAICS Industry Date
Filed
Assigned
Deputy DIR Office Case Status
All American Asphalt, a
California Corporation Defendant WC-CM-888710 32732 Ready-Mix Concrete Manufacturing 06/11/2022 Puniloa
Chavira
San
Bernardino
WCA
Hearing
Approved
All American Asphalt, a
California Corporation Defendant WC-CM-780654 561311 Employment Placement Agencies 03/27/2020 Maria Elena
Sandoval
San
Bernardino
WCA
Closed Settled –
Pre-hearing

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ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COU RT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO
A Professional Law Corporation
Thomas W. Kovacich, State Bar No. 94046
[email protected]
12800 Center Court Drive South, Suite 300
Cerritos, California 90703-9364
Telephone: (562) 653-3200
Fax: (562) 653-3333
Attorneys for Petitioner ZUSSER COMPANY, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

ZUSSER COMPANY, INC., a California
corporation,
Petitioner,
v.

CALIFORNIA DEPARTMENT OF
INDUSTRIAL RELATIONS, KATRINA S.

HAGEN, in her capacity as the Director of
Industrial Relations for the State of California,
and DOES 1 through 20, inclusive,
Respondents.

Case No. 22STCP03463
[Assigned to Honorable Mitchell L. Beckloff]

ZUSSER COMPANY, INC.’S NOTICE

OF MOTION AND MOTION FOR
ISSUANCE OF WRIT OF MANDATE;

AND MEMORANDUM OF POINTS AND

AUTHORITIES
Petition Filed: September 26, 2022

Hearing on Petition for Writ of Mandate:

Date: February 7, 2024
Time: 9:30 A.M.

Dept. 86
LILIA GARCIA-BROWER, in her official
capacity as LABOR COMMISSIONER,

DIVISION OF LABOR STANDARDS

ENFORCEMENT,

Real Party In Interest.

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ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE THAT on February 7, 2024, at 9:30 a.m., or as soon thereafter as the matter may be heard before the Honorable Mitchell L. Beckloff in Department 86 of the Los Angeles Superior Court, located at 111 N Hill Street, Los Angeles, CA 90012, Petitioner Zusser Company, Inc. (“Zusser”) w ill and hereby does move for the issuance of a writ of administrative mandate or other appropriate relief reversing and/or vacating the Decision of the Director of Industrial Relations in Department of Industrial Relations (“DIR”) Case No.: 19-0134- PWH (“D ecision”) and dismissing the underlying Civil Wage and Penalty Assessment, or alternatively, reversing and remanding the matter for rehearing.

This motion for issuance of a writ of administrative mandate is made on grounds that DIR’s Decision constitutes a prejudicial abuse of discretion.

Petitioner’s Motion is based on this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities; the Administrative Record in DIR Case No.: 19-0134- PWH; any matters of which the Court may take judic ial notice; other documents on file in this action; and any oral argument of counsel.

Dated: October 10, 2023 ATKINSON, ANDELSON, LOYA, RUUD & ROMO By:

Thomas W. Kovacich
Attorneys for Petitioner
Zusser Company, Inc.

TABLE OF CONTENTS
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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELE PHONE : (562) 653- 3200
FAX : (562) 653 - 3333
MEMORANDUM OF POINTS AND AUTHORITIES ................................................................ 6 I. INTRODUCTION .............................................................................................................. 6 II. STATEMENT OF FACTS ................................................................................................. 6 A. The Project .............................................................................................................. 6 B. DLSE Evidence ....................................................................................................... 8

1. Investigation by Industrial Relations Representative Salamero.................. 8 C. Zusser Evidence .................................................................................................... 12 III. STANDARD OF REVIEW .............................................................................................. 14 IV. LEGAL DISCUSSION ..................................................................................................... 15 A. Overview of California Prevailing Wage Law...................................................... 15 B. DLSE Cannot Meet Its Burden of Proof ............................................................... 17 C. Zusser Did Not Misclassify its Pipelayers and Pipe Tradesmen........................... 17 V. CONCLUSION ................................................................................................................. 20

TABLE OF AUTHORITIES
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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELE PHONE : (562) 653- 3200
FAX : (562) 653 - 3333

STATE CASES
Busker v. Wabtec Corporation (2021)
11 Cal.5th 1147 .................................................................................................................. 15,20 City of Long Beach v. Department of Industrial Relations (2004) 34 Cal.4th 942, 22 Cal.Rptr.3d 518, 102 P.3d 904 ................................................................. 15 Coalition of Concerned Communities, Inc. v. City of Los Angeles (2004) 34 Cal.4th 733 ......................................................................................................................... 20 Department of Industrial Relations v. Davis Moreno (2011) 193 Cal.App.4th 560 ............................................................................................................... 16 Independent Roofing Contractors v. Department of Industrial Relations (1994) 23 Cal.App.4th 345 ................................................................................................................. 20 Lusardi Construction Co. v. Aubry (1992)
1 Cal.4th 976, 4 Cal.Rptr.2d 837, 824 P.2d 643 ..................................................................... 15 Sheetmetal Workers v. Duncan (2014)
229 Cal.App.4th 192 ............................................................................................................... 15

STATE CODES/STATUTES
Code Civ. Proc. § 1094.5 .............................................................................................................. 14 Code Civ. Proc. § 1094.5(b) ......................................................................................................... 14 Labor Code § 1720 ........................................................................................................................ 15 Labor Code § 1742 ................................................................................................................... 15,16 Labor Code § 1742(b) .............................................................................................................. 16,17 Labor Code § 1742(c) .............................................................................................................. 14,15 Labor Code § 1773 .......................................................................................................................... 9 Labor Code § 1775 .............................................................................................................. 10,11,15 Labor Code § 1777.7 ................................................................................................................ 10,11 Labor Code § 1813 ................................................................................................................... 10,11

OTHER AUTHORITIES
8 CCR § 16200 ................................................................................................................................ 9 8 CCR § 16303(a) ......................................................................................................................... 20 8 CCR § 17224(d) ............................................................................................................... 11,16,17

TABLE OF AUTHORITIES
(CONTINUED)
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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELE PHONE : (562) 653- 3200
FAX : (562) 653 - 3333
8 CCR § 17224(d) ......................................................................................................................... 11 8 CCR § 17244(d) ......................................................................................................................... 17 8 CCR § 17250(a) ......................................................................................................................... 16 8 CCR § 17244 (Rule 44).............................................................................................................. 17 8 CCR § 17244 (Rule 44(d)) ......................................................................................................... 17 8 CCR § 17244 (Rule 50(a)) ......................................................................................................... 17 8 CCR § 17244 (Rule 50(b)) ......................................................................................................... 17

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFO RNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333

MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION
This writ seeks the reversal of the Decision issued by the Department of Industrial Relations (“DIR”) issued on August 18, 2022. (AR 000004.) 1 The Decision erroneously determined that Zusser Company, Inc. (“Zusser”) misclassified its sewer and storm drain pipelayer employees on the Project. The Director abused her discretion in that the findings are not supported by the evidence in light of the entire record.

The hearing was conducted on November 20, 2019, October 23 and 28, 2020 and June 16, 2021. (AR000004.) The enforcing agency , Division of Labor Standards Enforcement (“DLSE” or “Labor Commissioner”) presented the testimony of its investigator, Reisee Salamero (“Salamero”) and Zusser presented the testimony of its Chief Financial Officer, Misha Fyodorov (“Fyodorov”).

II. STATEMENT OF FACTS
A. The Project
Metropolitan Water District (“MWD”) advertised a notice of inviting bids on October 2, 2014. (AR002835.) The Project was a standalone installation of a sewer and storm drain system on four existing lagoons on a property leased by MWD from the Los Angeles Department of Water and Power (“LADWP”). 2 The lagoons were an open bodies of water previously utilized by LADWP. (AR531-532.) The Project specifications are entitled “LADWP Lagoon Refurbishment” (“Project”). (AR000525, 002775.)
The Project consisted primarily of the laying of 7,000 feet of 6-to-8-inch perforated PVC pipe, 500 feet of 2-inch PVC pipe in trenches in an underdrain pipe system. The trenches are lined

1 The Administrative Record is identified as DIR000000. For convenience, Petitioner will cite it as “AR” instead of “DIR”.
2 The project description on the notice of inviting bids is described as follows: “N-3 Project description. The work consists of construction of approximately 7,000 feet of 6-inch to 8-inch PVC pipe, 500 feet of 2-inch PVC pipe, 1,700 feet of utility ductbanks, and three maintenance holes; modification of two existing maintenance holes; installation of two standpipes, five submersible pumps and two turbidity meters; on- site screening of approximately 6,l00 cubic yards of underdrain rock; disposal of approximately 2,000 cubic yards of hazardous material; installation of approximately 12,500 cubic yards of crushed rock; refurbishment of existing decant valve structures for four lagoons including asbestos and PCB abatement; installation of local electrical panels and a utility cabinet; and other appurtenant work as specified and shown on the drawings.” (AR002077, 002782.)

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
with fabric material. Perforated pipe is utilized for purposes of draining the water into the water table. (AR000528-000529, 002077-002088.)
The Project was in effect an underdrainage pipe system with ancillary maintenance otherwise known as manholes and monitoring devices. As part of the system , Zusser install ed 6,100 cubic yards of drain rock consisting of gravel on top of the drainage system. The purpose of the gravel is to remove potential sediments similar to a septic system. Two of the four lagoons had existing drainage systems that needed to be updated. The other two lagoons did not have any drainage systems to start with. Zusser also installed 12,500 cubic yards of crushed rock on the bottom of the lagoons. The intent of the crushed rock is to filtrate sediment that would come from different sources. The water comes to the lagoon from stormwater runoff and other sources and then percolates to the ground through the underdrain pipe system. (AR000530-000537.) The work was performed exclusively on the four lagoons. There was no structure on the site. (AR000537.) The work was sequenced so that the lagoon could be taken out of operation. (AR000747-000748, 002078.) The bid documents and contract did not state the lagoons were part of an existing water filtration system.
3 (AR002077-002088, 002781-002783.)
The cost of the work was estimated by MWD to be between $2,700,000 and $3,200,000.

Zusser was the low bidder at $3,452,582. (AR 000809-000810, 002782.) The second bidder was $111,970 higher. MWD made available information to the bidders describing the work to be performed. All the reports related to the site conditions on the four lagoons in which Zusser performed work. In Zusser’s bid it sets forth its plan for the construction process. (AR002811.) A prebid conference was held at the lagoons and at no time was there any conference at the Jensen Plant.4 (AR000784.) There was no construction of piping or otherwise between the lagoons on the Jensen Plant or any other facility. (AR000782.) There was no discussion with respect to the future use of the lagoons. (AR000782-000783, 000778.)

3 DIR’s entire case rests on the argument that the lagoons would eventually be part of the MWD’s water treatment plant. This treatment plant is 1 mile from the lagoons where Zusser performed work. Zusser asserts this possibility is irrelevant. The issue is the work performed. (AR000526.) 4 Joseph Jensen Water Treatment Plant (“Jensen Plant”) is located in Granada Hills and treats water from the state water project and delivers water to service areas in the water distribution system. (AR002782.)

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
Zusser performed work on the Project from July 27, 2015, to August 22, 2017. (AR003404-003493.) A notice of completion was recorded on October 4, 2017. (AR002843.) Zusser’s performance of work is set forth in the specifications providing the sequence and execution of the work and with respect to the piping was limited to laying PVC pipe in trenches.5 (AR002077-002088.)
B. DLSE Evidence

1. Investigation by Industrial Relations Representative Salamero The case was assigned to Industrial Relations Representative Salamero whose job duties were to investigate complaints pertaining to prevailing wage and apprenticeship violations. She

5 Ex. L is the summary of work for the Project which provides in relevant part for the execution of the work as follows:

3.01 PREPARATION OF TRENCH
A. Trench excavation, cleanup, and foundation preparation shall be in accordance with Section 02200. Trenches for underdrains shall be excavated to the width and depth shown on the drawings.

B. Control of water shall be as specified in Section 02200 and Section 02140.

3.02 INSTALLATION OF UNDERDRAIN PIPE
A. Perforated underdrain pipe shall be embedded in an envelope of granular material for underdrains as shown on the drawings. Solids underdrain pipe also shall be embedded in an envelope of granular material for underdrain, unless otherwise shown on the drawings. The material below the invert of the pipe shal l be placed and compacted prior to placing the pipe. The pipe shall be supported throughout its full length by the underlying material. In no case shall the pipe be installed in such a manner as to be supported by the couplings or other fittings.

B. Preparation of Pipe Prior to Installation: Pipe and fittings shall be inspected before they are lowered into the prepared trench to ensure that cracked, broken, or defective pipe or fittings are not being used in the work.

Foreign matter and dirt shall be removed from the inside of the pipe prior to placement.

C. Lowering Pipe: Pipe shall be lowered into the trench in such a manner as to prevent physical damage to the pipe. Damaged pipe shall be rejected and shall be removed from the jobsite.

D. Line and Grade: T he underdrain pipe shall be laid to the lines and grades as shown on the drawings. The underdrain shall be sloped uniformly between the grades shown on the drawings.

E. Orientation of Perforations: Place perforated piping with water outlet perforations oriented downwards.

F. Installation of Pipe and Fittings: Underdrain pipe and fittings shall be installed as shown on the drawings and in accordance with the manufacturer's printed recommendations, including snaking of the pipe as recommended.

The Engineer wi ll inspect the pipe installation prior to the commencement of backfilling. Pipe shall be connected to maintenance holes as shown on the drawings.

3.03 BACKFILL AROUND PIPE
A. Granular material shall be placed simultaneously on both sides of pipe in lifts n ot exceeding 6 inches thick before compaction. The material shall be worked around the lower part of the pipe exercising care to achieve complete filling below springline. Each lift shall be compacted to at least 95 percent compaction. Compaction of granular material for Underdrains shall be by a hand-operated vibratory plate compactor. Impact compactors shall not be used. Necessary precautions shall be taken to avoid displacement of or damage to pipe during placement or compaction of backfill around pipe.

3.04 CLEANOUTS
A. Cleanouts shall be constructed in accordance with the details shown on the drawings. (AR002080.)

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
testified that she conducted worker interviews and then conducted an audit based on the certified payrolls. (AR000107-000109, 000011-000012.)
In addition, as part of her investigation she received a copy of the contract from the awarding body, MWD. She used the contract to determine the scope of work. The scope of work is important because it allow ed her to determine the appropriate classification for prevailing wage purposes.
6 Based on the scope of work in the wage determination she knew “ that this was plumbing - you know, it had a lot of pipework. And so I knew that the plumber classification would be appropriate for this particular project.” She utilized the prevailing wage determination for the plumber classification to reclassify 9 workers from sewer and storm drain pipelayers and pipe tradesmen (“Pipelayer”) to industrial pipefitter (“Pipefitter”). (AR000111-000113.) Consequently, she rejected the classification used by Zusser of the pipelayer and utilized the industrial pipefitter classification.
7 (AR000122-000125.)
Her rationale for utilizing the pipefitter classification is as follows:

So from my understanding of the scope of work of this project t he LADWP/Metropolitan lagoons was - is - a filtration plant. And so according to the scope of work from the prevailing w age determination, which is on Exhibit 15, the plumber classification under subs, or industrial pipefitters, scope of work, specifically page 259 under Subsection A.1.36, it says ‘All piping in connection with central distributin g filtration treatment stations, boosting stations, waste sewage disposal plant, central chlori nation, and chemical treatment work, and all underground supply lines to the cooling wells, suction basins, filtered basins, settling basins, and aeration basins.’ So, based on that subsection, the definition of the subsection, I utilized the industrial pipefitter for this particular project, because from my understanding, it’s a filtration plant. (AR000124-000125.)

6 The Department of Industrial Relations (“DIR”) through the Office of Policy and Research and Legislation (“OPRL”) issues wage determination s which include the general prevailing rate of per diem wages and the general rate for holiday and overtime in the locality where the public work is performed. The wage determinations include an advisory scope of work covered by the wage determination. Labor Code § 1773; 8 CCR § 16200. (AR000112-000113, 000322-000323.)
7 The applicable Wage Determination is LOS-2014-2. (AR112, 002844.) The classification utilized by DLSE was the industrial pipefitter subclassification which includes in relevant part “A.1.36 all piping in connection with central distributing filtration treatment stations, boosting stations, waste sewer disposal plants, central coronation and chemical treatment work and all underground supply lines to cooling wells, suction basins, filt er basins, settling basins, and aeration basins.”
7 (AR002857.) The applicable scope of work for the sewer and storm drain subclassification utilized by Zusser includes, in relevant part, “D.5.10 all sewer , storm drain , and underground piping inside property lines, but which is outside of the buildings.7” (AR002867.)

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
In a nutshell , the basis for her determination was that the lagoons were connected to the Jensen Plant. The Decision takes her testimony even further. 8Salamero testified the function of the treatment plant is to filter the water, the dirty water. “I mean, if you’re looking at it like I said, it’s a pipeline. Pipeline to me would mean that it’s - there’s a connection, right? Like, so if you – if, if you - if there’s a pipeline, it’s, it’s going from - it begins at one end, and ends in another end.” In her mind the pipeline connects “so from my understanding, the lagoons - maybe dirty water starts off in the lagoons, it goes through the pipeline, gets filtered through at the treatment plant, it cleans the water, and gets distributed to the community.” (AR 000136-000137, 000356.) This reflected a complete misunderstanding of the work performed by Zusser who simply installed an underdrain pipe system in trenches.

Her conclusion was based on interviews with workers, but she could not recall with whom she spoke with. (AR 000356-000357.) The evidence is uncontroverted that when Zusser performed the work in the lagoons there was no connecting pipeline solids transfer or otherwise to any facility.

On March 11, 2019, Salamero issued her Civil Wage and Penalty Assessment (“C WPA”).

The CWPA t otaled $547,189.87 assessing unpaid wages in the amount of $207,714.55, unpaid training funds in the amount of $1,725.32, penalties under Labor Code § 1775 totaling $277,600 and penalties under Labor Code § 1813 totaling $150, and penalties under Labor Code § 1777.7 for apprenticeship violations totaling $60,000. Zusser is challenging only the reclassification of the pipelayers in this proceeding. (AR002614-002624.)
Salamero acknowledged that she did not reach out to anyone at MWD or LADWP before issuing the CWPA. She had no communication with MWD other than asking for the contract and had no recollection of speaking to the inspector. (AR 000316-000317.) Moreover , she did not reach out to the D IR or OPRL , the agency, that issues the wage determinations to determine the

8 The Director cannot cite to any credible evidence for this finding or that Zusser could have known of the position at the time of its bid. The Decision states “The evidence shows that the four lagoons refurbished by Zusser on the Project were connected to the Jensen Plant by a solids transfer pipeline, and that the purpose of connecting the lagoons was to allow Jensen Plant to increase its capacity to process the solids collected by its sedimentation basins as part of its treatment of water. Accordingly, the piping work on the Project constituted piping work in connection with a central distributing filtration treatment station that falls under the Industrial Pipefitter scope of work. The lagoons are connected to the Jensen Plant, and constitute an integral part of its water treatment function.” The Decision relies on statements unsupported in the record. (AR000028.)

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A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUI TE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
appropriate scopes of work. (AR 000324.) Furthermore, she never visited the Project except she claimed she could see it from the freeway on her commute. (AR 000308-000312.) The only communication she had with any outside source other than the workers and Zusser was with her Senior Deputy when the Senior Deputy signed off the Penalty Review when the CWPA was issued. (AR000324.) She testified the reclassification of the Pipelayer to Pipefitter was because there was “lot’s of pipe work.” “I upgraded them to an industrial pipefitter, or industrial plumber, rather, because the project was for a filtration plant. And according to the scope of work, that would have been appropriate determination to utilize.” (AR000352-000353.) It is uncontroverted that the prevailing wage determination ( “PWD”) at issue in this matter is LOS 2014-2. (AR000112, 002844-002860.) T he difference in wages between a pipelayer and pipe tradesman classification and pipefitter are significant; $13.10 per hour more than a pipelayer and $38.08 per hour more for the pipe tradesman.

Pursuant to the Hearing Officer’s order the parties were to exchange exhibits at least 21 days prior to the hearing. (AR002836-002842.) DLSE produced as part of its exhibits, for the first time, a memorandum dated January 13, 2015. (AR002836-002842.) During the hearing, Salamero testified that she did a Google search and found the document. Over objection under Rule 24(d), 8 CCR § 17224(d), the Hearing Officer admitted the exhibit. Salamero admitted she did not consider the document prior to the issuance of the CWPA on March 11, 2019, and she discovered it a week or two before the exhibits were produced.
9 (AR000140-000141, 000148.)
The Director determined that $171,476.08 were due in back wages, $1,725.32 in training fund contributions, penalties under Labor Code § 1775 of $248,400, penalties under Labor Code § 1813 of $100, liquidated damages equal to the back wages of $171,476.08, and penalties under Labor Code § 1777.7 for apprenticeship violations of $60,000 for a total of $653,177.48 with

9 She accessed the document one or two months before the hearing date. She believed it was sometime in October 2019. She identified the leasing of the four lagoons to allow MWD to use the lagoons for 50 years as supporting her reclassification. She then erroneously described the lagoons on the grounds of the LADWP Aqueduct Filtration Plant as the basis to assert Zusser was working in a “aqueduct filtration plant.” (AR000151- 000155.)

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A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
interest accruing on unpaid wages. (AR 000039.) Nearly all the back wages and penalties relate to the reclassification of the pipelayer.

C. Zusser Evidence
Zusser presented the testimony of its Chief Financial Officer/Secretary, Misha Fy odorov.

His duties included estimating and project management on this Project. Fy odorov has over 30 years of experience in the construction industry prior this Project. Zusser is a California licensed contractor that performs public works since 2005 primarily related to the construction of infrastructure projects. (AR 000520-000521.) Zusser is not signatory to any union collective bargaining agreement. (AR000543.)
Zusser’s work was performed exclusively in the four lagoons. There w ere no buildings or structure. Zusser also constructed a dry drainage area where materials would be dried out , and water drained into the lagoons in order for the soil to be exported offsite. (AR000537.) The bid documents did not state the lagoons were part of any existing water filtration plant. (AR 000711- 000712, 000770-000771.) Zusser employed operating engineers, laborers, cement masons, pipelayers and pipe tradesmen. The pipelayers and pipe tradesmen laid the underdrain pipe system in the trenches. (AR000537-000539.)
Fyodorov testified as to the installation of the underdrain system consistent with the execution section of the contract. (AR000747-000752, 002080.) Fyodorov met with Salamero prior to the issuance of the CWPA to explain the Project was an underdrain pipe system project and her reclassification of the storm drain pipelayer and pipe tradesman to pipefitter was incorrect. He explained that the Project had nothing to do with the Jensen Plant and is a pure drainage and sewer pipe project. (AR 000528-000537.) He followed up the conversation with an email dated April 8, 2019. (AR 004272-004274.) He emphasized that the pipefitter classification applied to work inside a treatment plant. Zusser’s work was outside any plant and consisted of the laying of PVC pipe in trenches. There was no existing connection between the lagoons and the Jensen Plant. Fyodorov then testified in detail regarding the execution of the work consistent with the bid specifications. He distinguished the difference between the drainage system installed by Zusser in the lagoons from a sewage disposal plant. (AR 000561-

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TEL EPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
000568.) Fy odorov also provided photos reflecting the work involved in the execution of the contract including the trenching for the perforated pipe. The photos clearly established the existing conditions including the lack of any building and confirms Fyodorov’s testimony that the Jensen Plant was at least a mile away from the lagoons. (AR 000569-000581.) After providing the evidence, Fyodorov suggested to Salamero that she should talk to the owner representatives.

However, Salamero stated that she was done at that point and was not going to reconsider anything. (AR000569.)
Fyodorov confirmed that at no time did the owner representatives or anyone else assert that the pipelayers were misclassified. He testified that change orders for extra work that were performed at the Project confirmed the utilization of the pipelayer and pipe t radesman classifications and at no time did the owner object to these classifications. This included the submission of certified payroll reports reflecting this classification. (AR000612-000614.) Fyodorov testified that the scope and sequence of the work confirms the pipelayer classification. The piping is installed as perforated on the top which allows the water to go from the top into the pipe and from there the pipe carries the water with gravity flow to a certain location. At that time most of the water will dissipate through and into the ground and disappear.

The solids remain and the purpose of the lagoon is to filtrate those soils through the rock so that the water will leave the soils on top of the lagoon and the water itself will penetrate through the holes in the pipe. It then recharges the bottom underground aqueduct. (AR000746-000751.) Fyodorov further corrected Salamero that what she saw off the I -5 freeway was a body of water and a tall white building which was the Jensen Plant, but not the lagoons. The lagoons are not visible from the interstate 5. (AR000532.)
Fyodorov testified that the advisory scope of work clearly establishes that the appropriate classification was pipelayer and pipe tradesman. (AR000253.) He incorporated this scope of work for pipelayer specifically at Section D.5. which describes the pipelayer classification. (AR002108- 002111.)

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ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333

Fyodorov testified the work clearly came within this scope:

Fyodorov walked the Hearing Officer through the above section:

Section D.5.10
Underground Piping Yes Drainage Pipe
Inside Property Line Yes In the Lagoons
Outside Building Yes No Buildings in the Lagoons
Water Line Inside or Under any
buildings.

No No Buildings in the Lagoons
(AR000557-000560, 004272-4274.)
Fyodorov testified that an industrial pipefitter could not install the underdrain pipe. The pipefitter “…install the pressurized system, and obviously perforated pipe is not a pressurized system.” (AR000749.)
III. STANDARD OF REVIEW
California Labor Code § 1742(c) specifically authorizes a contractor to obtain review of a decision by the Director by filing an administrative writ pursuant to California Code of Civil Procedure § 1094.5. In reviewing the underlying decision, the Court’s inquiry extends to questions of whether the DIR proceeded without, or in excess of, its jurisdiction and whether there was any prejudicial abuse of discretion. ( Cal. Code Civ. Proc. § 1094.5(b).) Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence. ( Id.) When a petitioner claims that the findings are not supported by the evidence, “abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 33 33
the light of the whole record.” ( Cal. Labor Code § 1742(c).) As set forth below, Decision in the underlying action provide ample grounds for the issuance of a Writ.

IV. LEGAL DISCUSSION
A. Overview of California Prevailing Wage Law
The California Supreme Court in Busker v. Wabtec Corporation (2021) 11 Cal.5th 1147, summarized the California prevailing wage law as follows:
“The overall purpose of the prevailing wage law is to protect and benefit employees on public works projects.” ( Lusardi Construction Co. v. Aubry (1992) 1 Cal.4th 976, 985, 4 Cal.Rptr.2d 837, 824 P.2d 643 (Lusardi).) “This general objective subsumes within it a number of specific goals: to protect employees from substandard wages that might be paid if contractors could recruit labor from distant cheap- labor areas; to permit u nion contractors to compete with nonunion contractors; to benefit the public through the superior efficiency of well-paid employees; and to compensate nonpublic employees with higher wages for the absence of job security and employment benefits enjoyed by public employees.” ( Id. at p. 987, 4 Cal.Rptr.2d 837, 824 P.2d 643.) Courts liberally construe the law to fulfill its purpose. (City of Long Beach v. Department of Industrial Relations (2004) 34 Cal.4th 942, 949–950, 22 Cal.Rptr.3d 518, 102 P.3d 904 (City of Long Beach).)
Generally, those employed on public works must be paid at least the prevailing rate of per diem wages paid locally for work of a similar character. (§ 1771.) A contractor or subcontractor that does not pay the prevailing rate is liable for the deficiency and subject to a penalty. (§ 1775.) The obligation to pay prevailing wages has a statutory basis independent of any contractual requirement. (Lusardi, supra, 1 Cal.4th at pp. 981–982, 4 Cal.Rptr.2d 837, 824 P.2d 643.) A contractor must pay prevailing wages when required, even if it has not contractually agreed to do so. ( Id. at p. 988, 4 Cal.Rptr.2d 837, 824 P.2d 643.)
Busker, supra, at 11 Cal.5th 1150 (2021).
10 Labor Code § 1742 is part of the statutory procedure in the prevailing wage statute, Labor Code § 1720 et seq. (“PWS”) to provide the hearing process.

10 The DIR’s authority is not unlimited. As the court explained in Sheetmetal Workers v. Duncan (2014) 229 Cal.App.4th 192, 213, the “parties must be able to predict the public works consequences of their actions under reasonably precise criteria and clear precedent ” (citation omitted). In Sheetmetal Workers the court rejected an after the fact claim that offsite fabrication was covered by the PWS. “A nebulous standard or set of factors governing whether offsite work is covered by prevailing wage law would create confusion and uncertainty.” Id. at 213. In other words, a contractor, like Zusser, can only rely on the bid documents and not later discovered documents.

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ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
If the Labor Commissioner or his or her designee determines after an investigation that there has been a violation of this chapter, the Labor Commissioner shall with reasonable promptne ss issue a civil wage and penalty assessment to the contractor or subcontractor or both. The assessment shall be in writing, shall describe the nature of the violation and the amount of wages, penalties , and forfeitures due, and shall include the basis for the assessment. (Section 1741, subd. (a).)
Labor Code § 1742 describes the procedures available to a contractor or subcontractor who has been issued a civil wage and penalty assessment by the Labor Commissioner. “In effect a contractor or subcontractor may obtain review of a civil wage and penalty assessment under this chapter by transmitting a written request to the office of the Labor Commissioner that appears on the assessment within 60 days after service of the assessmen t.” (Section 1742, subd. (a).) If hearing is requested, it is held before a hearing officer appointed by the Department of Industrial Relations. (Section 1742, subd. (b).)
The administrative rules for the enforcement of the PWS requires that the Labor Commissioner has the burden of coming forward with evidence that the contractor “(1) was served with an Assessment in accordance with the rules; (2) was provided a reasonable opportunity to review evidence to be utilized at the hearing; and (3) that evidence provides prima faci e support for the Assessment.” (emphasis added.) See 8 CCR § 17250(a).

Once the Labor Commissioner meets the above requirements the contractor or subcontractor shall have the burden of proving that the basis for the civil wage and penalty assessment is incorrect. Within 45 days of the conclusion of the hearing, the director shall issue a written decision affirming, modifying, or dismissing the assessment. (Section 1742 subd., (b).) See Department of Industrial Relations v. Davis Moreno, (2011) 193 Cal.App.4th 560, 569.

The Labor Commissioner is obligated to make available for review within 20 days of the receipt of the request for review evidence to be utilized by the Labor Commissioner at the hearing at the request for review. The Labor Commissioner’s failure to make evidence available for review as required by Labor Code § 1742(b) shall preclude t he Labor Commissioner from introducing such evidence in proceedings before the Hearing Officer or the Director. See 8 CCR § 17224,

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ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
subd. (d).11
B. DLSE Cannot Meet Its Burden of Proof
The DLSE has the initial burden of presenting evidence at the hearing that “provides prima facie support for the assessment . . .” (Rule 50(a))12 because only when the burden is met then “the Affected Contractor or Sub contractor has the burden of proving that the basis for the Civil Wage and Penalty Assessment . . . is incorrect” (Rule 50(b)); Labor Code § 1742(b).

While the Hearing Officer admitted a great deal of hearsay evidence under Rule 44, however, this evidence “. . . shall not be sufficient in itself to support a finding unless it either would be admissible over objection in a civil action . . .” (Rule 44(d)). Such evidence cannot in itself “. . . support a finding because of its hearsay character.” C. Zusser Did Not Misclassify its Pipelayers and Pipe Tradesmen The DLSE has not presented any admissible credible evidence as to the basis for reclassification of workers. There was no testimony by anyone but Salamero. It was painfully evident that Salamero had no understanding of the Project scope of work, and failed to reach out to anyone within her own agency that could give her guidance as to the appropriate classification.

Nor did she even reach out to the awarding body to ask what type of work Zusser was performing or whether the lagoons are part of a filtration plant. Salamero’s testimony is not credible.

However, in her Penalty Review she sets forth her position:

1. I reclassified all employees clas sified as pipe layer/pipe tradesman to an Industrial Pipefitter based on the Master Labor Agreement (subsection –A.1.36) and the scope of work provided by the awarding body “All piping in connection with central distributing filtration stations, boosting s tations, waste sewage

11 Ex. 12 (AR002836-002842.) was introduced by the Deputy based on her “Google search .” It is hearsay and cannot support a finding by itself, without corroborating admissible evidence. 8 CCR § 17244(d). It was not produced to Zusser until the parties exchanged exhibits 3 weeks before the hearing. The Deputy admitted it was not considered in the issuance of the CWPA (AR 000141). She admitted that it was discovered a week or two before the exhibits were produced. The Hearing Officer admitted Ex. 12 into evidence despite objection that it was not part of her investigation that it was hearsay and lacked foundation. The Director relies almost entirely in her Decision that the lagoons were part of the Jensen Plant on this document . The existence of this document does not change Zusser’s scope of work on the drainage project. The future use of the lagoons including possible solids handling by MWD has no impact on the narrow work performed by Zusser in installing a drainage system. It is pure speculation when, if, or how the lagoons would be used. 12 Rules will be cited by the last two numbers of CCR section 17000, et seq.

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ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C A LIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
disposal plants, central chlorination and chemical treatment work and all underground supply lines to cooling wells, suction basins, filter basins, settling basins and aeration basins.” (AR002606.) Salamero misled the Hearing Officer and her supervisor that approved the Penalty Review.

The above -quoted section is not from the scope of work provided in the contract . The above - quoted section is from the advisory scope of work for an industrial pipefitter. 13 As set forth in the testimony of Fyodorov, the following is a breakdown of the reasons why this scope of work is not applicable.

Section A.1.36 Yes or No Notes
Jensen Plant No There was not treatment performed at the Lagoons.

Boosting Station No There was no Boosting Stations in the Lagoons.

Waste Sewage Disposal Plans No There was not Sewage Disposal Plans. No sewage involved.

Central Chlorination and Chemical
Treatments work.

No No chlorination or any treatment of water
was performed at the Lagoons
Underground supply lines to:

Cooling Wells No No cooling Wells (part of treatment plant) Suction Basin No No Suction Basins (part of treatment plant) Filter Basin No No Filter Basin (part of treatment plan) Settling Basin No No Settling Basin (part of treatment plan) Aeration Basin No No Aeration Basin (part of treatment plan) (AR000548-000552, 000867.)
Fyodorov set forth the elements that fit the description of a pipefitter under A.1.36. This is not work within the scope of what Zusser performed and relates to the operation of the Jensen Plant over a mile from the lagoons. (AR000548-000552.) See diagram below:

(AR002081, 004273.)

13 The advisory scope of work in the wage determination for a pipefitter states:

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ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
There is no credible evidence submitted by D LSE that the J ensen Plant was connected to the lagoons and even if it were it does not change the nature of the work as the installation of an underdrain piping system which is the laying of PVC pipe in trenches . DLSE submitted Exhibit 12, which it obtaine d after-the-fact that relates to future plans with respect to the lagoons but had nothing to do with the work performed by Zusser.

The DLSE points to the language in Exhibits 12 that:

In December 2012, Metropolitan’s Board authorized an agreement with LADWP that will enable Metropolitan to use four solids lagoons on the grounds that LADWP Aqueduct Filtration Plant for a period of 50 years. (AR002836.)
The word filtration relates to LADWP’s Aqueduct Filtration Plant and has nothing to do with MWD leased lagoons.
14 The uncontradicted testimony is that the work was performed exclusively in the lagoons .

The bid and contract documents did not provide any notice that the lagoons are connected to the Jensen Plant or any filtration plant. Zusser simply refurbished the lagoons. All cooling wells, suction basins, filter basins, settling basins and aeration basins described in the pipefitter scope of work were located inside the Jensen Plant. Zusser did not have anything to do with these systems.

Zusser’s position is bolster ed by Fyodorov’s testimony that the pipelayer/pipe tradesman classification relates primarily to digging trenches and laying perforated pipe. (AR000555.) The pipefitter classification is much more complex requiring more tr aining and hence, the higher wage rate.

While the advisory scope of work is not a statute, the regulations provides that the authority of the Director to establish the prevailing wage rate for any craft classification or type of

14 The following colloquy illustrates Salamero’s clear misunderstanding:

Q. So, did the fact that there were no buildings have any bearing on the classification, in your opinion? A. No.

Q. And why not?
A. Because even though the lagoons are outside of the treatment plant, which is the actual building itself, in my opinion, they’re connected. So whether there’s a building or not, the piping is underneath the building, or outside of a building. It’s to me has no relevance because I believe , in my interpretation , that the two plants are connected.

Q. And so is it that reason why it wouldn’t be considered sewer storm drain underground piping? A. In my opinion, yes. (AR000139.)

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ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1

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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELEPHONE : (562) 653 -3200
FAX : (562) 653 - 3333
worker is quasi legislative . 8 CCR § 16303(a). See Independent Roofing Contractors v.

Department of Industrial Relations (1994) 23 Cal.App.4th 345, 254. In analyzing the advisory scope of work between the pipefitter and pipelayer the language must be reviewed. “ If the language is cl ear, courts must generally follow its plain meaning unless a literal interpretation would result in absurd consequences the Legislature did not intend. If the statutory language permits more than one reasonable interpretation, courts may consider other aids, such as the statute’s purpose, legislative history, and public policy.” See Coalition of Concerned Communities, Inc. v. City of Los Angeles (2004) 34 Cal.4th 733, cited in Busker v. Wabtech at 1153. “ However, words used in a statute are not considered in isolation. They are construed in context, honoring the statutory purpose , and harmonizing statutes relating to the same subject to the extent possible” (citations omitted. Busker, supra, at 1154.).

The clear language of the sewer and storm drain scope of work exactly covers the work performed by Zusser. Under Section D.5.10 sewer, storm drain and underground piping work shall include all sewer, storm drain and all sewer, storm drain and underground piping inside property lines but which is outside of the building. Zusser in bidding and performing this work applied the expressed terms of this scope of work to its pipelayers. The language of the advisory scope could not be clearer and less ambiguous.

V. CONCLUSION
Whether this drainage system was to be connected to any other system was not relevant to Zusser who performed the laying of PVC pipe work exclusively in the lagoons which had no existing piping system to the Jensen Plant. Zusser performed no work within the definition of the Pipefitter classification. Accordingly, the Writ should be issued setting aside the Decision as the reclassification of the pipelayers.

Dated: October 10, 2023 ATKINSON, ANDELSON, LOYA, RUUD & ROMO By:

Thomas W. Kovacich
Attorneys for Petitioner

PROOF OF SERVICE
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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELE PHONE : (562) 653- 3200
FAX : (562) 653 - 3333

PROOF OF SERVICE
(CODE CIV. PROC. § 1013A(3))

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and am not a party to the within action; my business address is 12800 Center Court Drive South, Suite 300, Cerritos, California 90703-9364.

On October 10, 2023, I served the following document(s) described as ZUSSER COMPANY, INC.’ S NOTICE OF MOTION AND MOTION FOR ISSUANCE OF WRIT OF MANDATE; AND MEMORANDUM OF POINTS AND AUTHORITIES on the interested parties in this action as follows:

SEE ATTACHED SERVICE LIST
☒ BY MAIL: I placed a true and correct copy of the document(s) in a sealed envelope for collection and mailing following the firm’s ordinary business practices. I am readily familiar with the firm’s practice for collection and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.
☒ BY EMAIL: My electronic service addr ess is [email protected]. Based on a written agreement of the parties pursuant to California Code of Civil Procedure § 1010.6 to accept service by electronic means, I sent such document(s) to the email address(es) listed above or on the attached Service Li st. Such document(s) was scanned and emailed to such recipient(s) and email confirmation(s) will be maintained with the original document in this office indicating the recipients’ email address(es) and time of receipt pursuant to CCP § 1013(a).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on October 10, 2023, at Cerritos, California.

Rany Sao

PROOF OF SERVICE
42518266.1
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ATKINSON , ANDELSON , LOYA , RUUD & ROMO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH , SUITE 300
CERRITOS , C ALIFORNIA 90703 -9364
TELE PHONE : (562) 653- 3200
FAX : (562) 653 - 3333

SERVICE LIST

Doris NG, Chief Counsel
Steven A. McGinty, Asst. Chief Counsel
Department of Industrial Relations
Office of the Director – Legal Unit
355 S. Grand Ave., Suite 1800
Los Angeles, CA 90071
Tel.: (213) 897-3200
Fax: (213) 897-3260
Email(s):
[email protected];
[email protected]

Attorneys for the State of California
Department of Industrial Relations, and
Director of Industrial Relations
Division of Labor Standards Enforcement
Department of Industrial Relations
Lance A. Grucela
7575 Metropolitan Drive, Suite 210
San Diego, CA 92108
Tel.: (619) 767-2023
Fax: (619) 767-2026
Email(s):
[email protected];
[email protected]

Attorney for Real Party In Interest
Division of Labor Standards Enforcement

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PCN3, INC., Defendant 05-55056 02/17/2012 Long Beach
WCA Closed
ZUSSER COMPANY, INC.

Project Summary for City of Baldwin Park

We would like to introduce Zusser Company, Inc. as a full-size service construction company specializing in public works, heavy-civil and municipal construction in the Greater Southern California area.

Zusser’s expertise encompasses construction work such as excavation, grading, demolition, concrete work, rubber dam removal and replacement, infrastructure upgrades, park restoration, stormwater management, and more.

Zusser has successfully completed projects for various clients, including government agencies such as the State of California, City of Whittier, County of Los Angeles, Inland Empire Utilities Agency, Los Angeles County Public Works, California Department of Parks and Recreation, and others. The projects involve diverse tasks such as rubber dam installations, staircase replacements, infiltration cistern construction, monument installations, and seismic retrofits.

Zusser has demonstrated competence in managing contracts of varying amounts, ranging from smaller projects like the Buena Park Fallen Officer Memorial to larger-scale endeavors such as the San Gabriel River Rubber Dam Removal and Replacement and Bell Gardens Cistern Project.

Zusser possesses both General Engineering A, Building Construction B, and Hazardous Substances Removal HAZ licenses. Zusser is fully insured and bonded.

Zusser has a network of reputable subcontractors, designers, and surveyors that meet our stringent quality and dependability requirements.

Hollywood, CA

PROJECT SUMMARY
Agency: Los Angeles County –Public Works
Contract Amount: $4,040,000
Estimated Completion: 2024

PROJECT SUMMARY
•Replace existing slide gate, upgrade mechanical,
electrical and control systems
•Construct a new control house within the Pan Pacific
Retention Basin in LA City
Pan Pacific Retention Basin
Diversion Gate & Control House
Upgrade

West Hollywood, CA
Pan Pacific Retention Basin
Diversion Gate & Control House
Upgrade

West Hollywood, CA
Pan Pacific Retention Basin
Diversion Gate & Control House
Upgrade

Bell Gardens, CA

PROJECT SUMMARY
Agency: City of Bell Gardens - Public Works
Contract Amount: $15,600,000
Architect: CWE, Inc.

Completed: 2023

PROJECT SUMMARY
•Construction of Subsurface Infiltration Cistern,
Pretreatment unit, reinforced concrete box culvert
and vaults.
•Installation of storm drain, sewer, AC Pavement,
Park restoration, monument signs, landscaping,
irrigation system, and flat concrete.

John Anson Ford Park Infiltration
Cistern

Bell Gardens, CA
John Anson Ford Park Infiltration
Cistern

Bell Gardens, CA
John Anson Ford Park Infiltration
Cistern

Bell Gardens, CA
John Anson Ford Park Infiltration
Cistern

Bell Gardens, CA
John Anson Ford Park Infiltration
Cistern

Bell Gardens, CA
John Anson Ford Park Infiltration
Cistern

Malibu, CA

PROJECT SUMMARY
Agency: California Department of Parks and Recreations
Contract Amount: $3,600,000
Completed: 2022

PROJECT SUMMARY
•Remove existing stairway and construct a new timber
& concrete stairway.
•Build cast-in-drill concrete and encased timber pole
foundation supports with topside landings and beach
landings oriented to serve the primary path of travel.
•Build ADA trail with native material, supported by
timber restaging walls
Point Dume Staircase Project
Malibu, CAPoint Dume Staircase Project
Malibu, CA
Point Dume Staircase Project

Malibu, CA
Point Dume Staircase Project

Yorba Linda, CA

PROJECT SUMMARY
Agency: Metropolitan Water District of So. California
Contract Amount: $5,000,000
Completed: 2012

PROJECT SCOPE
•Construct Robert B. Diemer Water Treatment
Plant Fire and Potable Water Pump Station
including Mechanical Pipe Work, Structural
Concrete, Flat Concrete, Electrical work.
•Install 30” & 36” CIDH Piles. Shore and excavate
up to 20 feet deep. Bore and Case 54” Steel Pipe.

Install Structural Steel and Miscellanies Metals.

Painting and Cathodic Protection. Site Work
Including Demolition, Dirtwork, New Asphalt,
Concrete, Retaining Walls and Landscape.

Robert Diemer Water
Treatment Plant Fire &
Portable Water Pump Station

Yoba Linda, CA
Robert Diemer Water Treatment
Plant Fire & Portable Water
Pump Station

Yoba Linda, CA
Robert Diemer Water Treatment
Plant Fire & Portable Water
Pump Station

Yoba Linda, CA
Robert Diemer Water Treatment
Plant Fire & Portable Water
Pump Station

Yoba Linda, CA
Robert Diemer Water Treatment
Plant Fire & Portable Water
Pump Station

Yoba Linda, CA
Robert Diemer Water Treatment
Plant Fire & Portable Water
Pump Station

Granada Hills, CA

PROJECT SUMMARY
Agency: Metropolitan Water District of So. California
Contract Amount: $3,600,000
Completed: 2017

PROJECT SUMMARY
•Construction of liner basin- over 7,000 linear of PVC, utility ductbanks, large maintenance holes,
modification of existing maintenance holes, installation of standpipes, submersible pumps and turbidity meters
•On-site screening of over 6,000 cy of underdrain rock, disposal of hazardous material, installation of 13,000 cy of crushed rock
•Refurbishment of existing decant valve structures for
four lagoons including asbestos and PCB abatement,
•Installation of electrical panes and utility cabinets.

LADWP Lagoon Refurbishment
Granada Hills, CA
LADWP Lagoon Refurbishment

Granada Hills, CA
LADWP Lagoon Refurbishment

Granada Hills, CA
LADWP Lagoon Refurbishment

Granada Hills, CA
LADWP Lagoon Refurbishment

Exhibit G

Exhibit H

Libcr1):

Mutual. ----SURETY
January 4, 2024
City of Baldwin Park
14403 Pacific Ave.

Baldwin Park, CA 91706
RE: KASA Construction, Inc.
790 The City Drive South, Suite 200
Orange, CA 92868
(714) 634-5728 - PHONE
(866} 547-9060 - FACSIMILE
Project : BARNES PARK MUL Tl-BENEFIT STORMWATER CAPTURE PROJECT , City Project No. CIP 21-198
Ladies and Gentlemen:

Liberty Mutual Insurance Company issued a bid bond on behalf of KASA Construction , Inc. for the referenced project. The owner and KASA Construction , Inc. have requested that we provide our consent to extend the bid until February 14, 2024. Liberty Mutual Insurance Company hereby consents to this time extension .

Nothing contained herein shall alter or change the underlying terms and conditions of said bid.

Sincerely ,
Liberty Mutual Insurance Company
, Attorney-In-Fact
Seal No. 5700
~ Libert_r.
\P Mutual .

SURETY
This Power of Attorney limits the acts ol lhole named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
Certificate No: 8209562--024103
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio casualty lnsuranoe Company is a eotp0ration duly org1111ized under the laws of the State of New Hampshire, that liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company iS a corporation duly organized under the laws of the State of Indiana (herein coMectively called the 'Companies'). pU1SUant to and by authority herein set forth, does hereby name, constitute and appoint. ""J""as:..:ce _ _ _ Hamilton, Jeffrey W. Cavignac, Judith Samuel, Lisa Cruz, Lisa Sayno, Oliver Craig, James P. Schabarum, IJ all of the city of San Diego state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make. execute, seal, acknOll>iedge and deliver, fol' and on its beh~ as S1Kety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations. in pursuance of these presents and shall be as bilding upon the Companies as if they h.,.-e been duly signed by the president and attested by the secrelaly of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subsaibed by an autllorlzed officer or official of the Companies and the COIJ)Olllle seals of the Companies have been affixed thereto this ~ day of March • 2023 .

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
"' · I/ /4 / 111·E
$ By: ~ /, 2 :~_§
_ fii ---'-'-- ..__ -- David M. Carey, Assistant Secretary g ~ ~ cv Stateof PENNSYLVANIA ·-:::,
~ :::, County of MONTGOMERY ss S E
E ~ On this 13th day of March , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ~ Q) ~ iii Company. The Ohio Gasualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ~ ,g ~ i therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~ f ~--5 IN WITNESS WHEREOF, I hct."e hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ~Oen C 'iii _,,,.- ~---cc--c-c--- ,--,.....,,- ~ 0
~Q)- ~o... (st:;oNVr,,(, Comm~:-::ast~~laty~I A--... d ~ '-
0 ,s. Montgomery County f// 1 ~ _ _ , t! ~ ✓ I C ~ 0 ~ 0 Myoommlssione,pires Mardl 28, 2025 By: ~ ~ (5 Cl> CCV ~ ,.. Commissoonoo,bef1126044 -J-'---,,-----=----- --------1= ,.._ CU.:: ,i,: ,,.~ CJ Member, Penn,ytvan,o -ion of Nolane, leresa Pastella, Nolaly PubUc ~ 0 ~u, oO
(VQ) '-- - ._"<t
.g> i This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty r.\rtual I ~ ~ .5_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: tr_~ ._ ~ ARTICLE IV - OFFICERS: Section 12. Power of Attorney. (5 6 ~ I:!! Any officer or other official of the Corporation authorized for that purpose in writing by the Chainnan or the President and subject to such limitation as the Chainnan or the =a ..- ;g ~ President may prescribe, shall appoint such attom8'jS-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ; ~ ~ ~ any and all undertakings, bonds, recognizanoes and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shafl -o rl - t: h.we full power to bind the Corporalion by their signature and execution of 'Mf/ such instruments and to attach thereto the seal of the COll)Ofation. When so executed, such .8 ~ ~ G instruments shall be as binding as if signed by the President and attested to by the Sectetary. Any power or authority granted to any representative or attorney-in-fact under the ._ cv provisions of this artlcie may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ ~ ARTICLE XIII- Execution of Contracts: Section 5. Surety Bonds and Undeftakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such Hmitations as the chainnan or the president may prescribe, shall appoint such attorneys-in-fact. as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys~n-fact subject to the Mmitations set fofth in their respective powers of attorney. shall have full power to bind the Company by lhelr signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting l)IISUant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secrelaly to appoint such attomeys-in­ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and au undertakings, bonds, recognizanoes and other surety obligations.

Authorization - By unanimous consent of the Company's Board ex Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, whereyer appearing upon a certified copy of any power of attorney issued by the~ in connection with surety bonds, sha& be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Renee C. Llewellyn, the undersigned, Assistant SecretaJy, The Ohio Casualty Insurance Company, Liberty MJtuaf lnsuranoe Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a fuff. true and carect copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of sad Corl\,anies this~ day of January , 2024 . a-~·fy. By:_~L.-,,-.::::,,~,.....,..-~....,....-------Renee C. Llewellyn. Assistant Secretary LMS-12873 LMIC OCIC WAIC M\Jlti Co 02f.l1
~ Liber:tx Mutual . ~ SURETY
Liberty Mutual Surety
1001 4th Ave Ste 3800
Office: 206-473-3533
As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Liberty Mutual Insurance Company ("LMIC") on behalf of itself and the companies listed below has authorized its Attorneys-in-Fact to affix its corporate seal for surety obligations in a digital format in lieu of its traditional raised seal to any bond issued on its behalf by any such Attorney-in -Fact:

Liberty Mutual Insurance Company
Liberty Mutual Fire Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Safeco Insurance Company of America
American States Insurance Company
Please note that the digital seal utilized by our authorized agents will also include their agency specific reference number .

LMIC agrees and affirms on behalf of itself and the other companies listed herein , that the digital corporate seal referenced above has the same binding effect when affixed to a bond or a Power of Attorney document as if it were a raised corporate seal.

Effective this 23rd day of March , 2020.
m~ By:.__,~ _ _,::'-- ----------
Renee C. Llewellyn , Assistant Secretary

CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docume nt to which this certificate is attached , and not the truthfulnes s, accuracy, or validity of that document.

State of California
County of San Diego
}
}
On 'JAN '04' 2024 before me, Judith Samuel , Notary Public ------ ----- {Here insert name and title oi the off,cer) personally appeared _L_is_a_S_a_,y,_n_o __________________ _ who proved to me on the basis of satisfactory evidence to be the person(&) whose name(-s-)@are subscribed to the within instrument and acknowledged to me that he,@they executed the same in hi~their authorized capacity(ies), and that by his©'their signature(-s-) on the instrument the person(-s-), or the entity upon behalf of which the person(-s-) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
le---~~ JUDITH SAMUEL I ~ : · Commission No. 2452311 ~
WITNESS my h nd and official seal. ~ NOTARY Pueuc. CALIFORNIA! { · SAN DIEGO COUNTY ~
J Commu1011 Expqs July 4, 2027 I

INSTRUCT IONS FOR COM PLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATIO N This/om, complies wi1h current Ca/iforni" sta111Tes reg"rding nolary wording and.

DESCRIPTION OF THE ATTACHED DOCUMENT
{TIiie or description of attached document)
{Title or description of attached document continued)
Number of Pages _ _ Document Date ___ _

CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
D Corporate Officer
(Title)
D Partner(s)
D Attorney-in-Fact
□ Trustee(s)
□ Other _____ _ ___ _
2015 Version www NotaryClasses com 800 873-9865
if needed. sho11ld be comple1ed and al/ached 10 the doc11ment. Aclcnowledgments from or her s1a1es may be co111ple1ed for doc11me111s being sen/ 10 1ha1 Stale so long a.i 1he wording does no/ require 1he California nolary /0 violale California nolary law.
• State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signcr(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization .
• Indicate the correct singular or plural fonns by crossing off incorrect fonns (i.e. ll;!/she/~ is /ere) or circl ing the correcl fonns. Failure to correct ly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal imp ression smudges, re-seal if a sufficient area penn its, otherwise comple1e a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county cleric.
❖ Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document , numbe r of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacit) is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). • Securely attach this document to the signed docum ent with a staple.

65431.40014\41989058.1

Grant R. Orbach
Associate
916 329-3692
[email protected]
Best Best & Krieger LLP | 500 Capitol Mall, Suite 1700, Sacramento, California 95814 Phone: (916) 325-4000 | Fax: (916) 325-4010 | bbklaw.com January 30, 2024
VIA E-MAIL [[email protected]]
Marion T. Hack
Troutman Pepper Hamilton Sanders LLP
Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071

VIA E-MAIL [[email protected]]
Robert C. Niesley
Watt, Tieder, Hoffar & Fitzgerald, LLP
2040 Main Street, Suite 300
Irvine, California 92614

VIA E-MAIL [[email protected] ]
Christopher Morrow
Salamirad, Morrow, Timpane & Dunn LLP
17901 Von Karman Avenue, Suite 500
Irvine, California 92614

Re: BID PROTEST AND RELATED PROCEEDINGS RE: BARNES PARK

MULTI BENEFIT STORMWATER CAPTURE PROJECT
Dear Colleagues:

As you are aware, this office represents the City of Baldwin Park (“City”). The City is in receipt of the enclosed correspondence in connection with the bidding of the above referenced project (the “Project”), which supplements that correspondence that accompanied my letter dated January 11, 2024.

City staff intends to recommend that the City Council of the City of Baldwin Park reject the bid of Zusser Company, Inc. (“Zusser”) on non-responsibility grounds and award the contract for the Project Nationwide Contracting Services, Inc. (“Nationwide”) as the lowest responsive responsible bidder. City staff intends to make the first recommendation on two grounds:
 Zusser conceded before the Department of Industrial Relations that it misclassified workers on the LADWP Lagoon Refurbishment, yet now denies that it in fact misclassified those same workers. Zusser’s failure to take responsibility for violations it previously conceded before the administrative agency charged with its enforcement is inconsistent with Zusser having “demonstrated t he attribute o f trustworthiness […] to satisfactorily perform the public works contract”. (Public Contract Code section 1103). 65431.40014\41989058.1

Marion T. Hack, Robert C. Niesley, and Christopher Morrow January 30, 2024

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