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Oakland City Council
October 7, 2025

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View Attachment B
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October 7, 2025
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INTER OFFICE MEMORANDUM
Department of Workplace and Employment Standards (DWES) TO: Jamie Cheng, FROM: Shelley Darensburg,
Management Assistant Contract Compliance Supervisor P
REPARED BY: Sophany Hang, S. Hang DATE: April 11, 2025 Contract Compliance Officer
S
UBJECT: Compliance Analysis- Gateway Industrial Park (OAB CFD 2025) The Department of Workplace and Employment Standards (DWES) reviewed two (2) bids in response to the above referenced project.

I
n summary, both firms, meet the 50% L/SLBE participation requirement.

T
he Local and Small Local Business Enterprise (L/SLBE) participation requirement for this project was set at 50%: 25% LBE and 25% SLBE.

B
ids Compliant w/ the L/SLBE Participation Requirement:
• Mark Lee & Yong Kay, Inc. dba Bay Construction Co., a certified Small Local Business Enterprise (SLBE), meets the 50% requirement by proposing to self-perform 50% of the project scope.
• Los Loza, Inc. meets the 50% requirement by proposing 25% participation of Rosas Brothers Construction, Inc., a certified Local Business Enterprise (LBE), and S&S Trucking, a certified Small Local Business Enterprise (SLBE).

Bid Discounts:

As summarized below, both compliant bids should be given a 2% bid discount.

Company Name
Total L/SLBE
Proposed versus Credited L/SLBE Participation
Trucking Met
L/SLBE Met
Earned Bid
Discounts
LBE

PROPOSED
LBE

CREDITED
SLBE

PROPOSED
SLBE

CREDITED
VSLBE

PROPOSED
VSLBE

CREDITED
TOTAL

CREDITED
Yes or
No 2-10%
Mark Lee & Yong Kay, Inc.
dba Bay Construction Co
50% 0% 0% 50% 50% 0% 0% 50% NA Y 2%
Loza, Inc. 50% 25% 25% 25% 25% 0% 0% 50% NA Y 2%
P
lease contact Sophany Hang, Contract Compliance Officer, at [email protected] or (510) 238- 3723 with any questions.

ATTACHMENT B
Project Name:

Project No.: 1004284-2025
Discipline Prime & Subs Location Cert. LBE/LPG SLBE VSLBE Total L/SLBE VSLBE Total TOTAL L BID AMOUNT
Status double counted
value
LBE/SLBE Trucking Trucking Trucking Dollars Ethn. MBE WBE PRIME
Mark Lee & Yong Kay,
Inc. dba Bay
Construction Co. Oakland CB 117,500 117,500 117,500 AP 117,500 Landscape Brightview Landscape San Fernando UB 117,500 NL Project Totals
$0 $117,500 $0 $117,500 $0 $0 $0 $235,000 $117,500 $0

0.00 50.00 0.00 50.00 0.00 0.00 0.00 50.00

0.00 5000.00 0.00 5000.00 0.00 #DIV/0! 0.00 50.00 0.00
Adjust Iron
LBE/LPG SLBE VSLBE Total L/SLBE VSLBE Total TOTAL BID
AMOUNT
Ethnicity
AA = African American
AI = Asian Indian
LBE = Local Business Enterprise UB = Uncertified Business AP = Asian Pacific SLBE = Small Local Business Enterprise CB = Certified Business C = Caucasian Total LBE/SLBE = All Certified Local and Small Local Businesses MBE = Minority Business Enterprise H = Hispanic NPLBE = NonProfit Local Business Enterprise WBE = Women Business Enterprise NA = Native American NPSLBE = NonProfit Small Local Business Enterprise O = Other NL = Not Listed
MO - Multiple Ownership

LBE/SLBE PARTICIPATION
BIDDER 1
For Tracking Only
Gateway Industrial Park (OAB CFD 2015-1
Requirements: The 50% requirements is a combination of 25% LBE and 25% SLBE participation. An SLBE firm can be counted 100% towards achieving 50% requirements. A VSLBE's participation is double counted toward meeting the requirements.

PROJECT NO.:

PROJECT NAME:

CONTRACTOR:

Contractor's Bid Amount: $235,000
Discount Points:
2%

1. Did the 50% local/small local requirements apply? YES

2. Did the contractor meet the 50% requirement? YES

PROPOSED CREDITED

0.00% 0.00%

50.00% 50.00%

0.00% 0.00%

50.00% 50.00%
NA
a) Total SLBE/LBE trucking participation NA

4. Did the contractor receive bid discounts? YES

(If yes, list the percentage received) 2%

5. Additional Comments.
4/11/25
Date
Reviewing
Officer: Date:

Approved By: Date:
a) % of LBE participation
d) Total % L/SLBE participation
Shelley Darensburg 4/11/2025
b) % of SLBE participation
c) % of VSLBE participation

3. Did the contractor meet the Trucking requirement?

6. Date evaluation completed and returned to Contract Admin./Initiating Dept.

Sophany Hang 4/11/2025
Mark Lee & Yong Kay, Inc.
dba Bay Construction Co.

Gateway Industrial Park (OAB CFD 2015-1

DEPARTMENT OF WORKPLACE & EMPLOYMENT STANDARDS
Contracts and Compliance Unit

PROJECT EVALUATION FORM
1004284-2025

Project Name:

Project No.: 1004284-2025
Discipline Prime & Subs Location Cert. LBE/LPG SLBE *VSLBE Total L/SLBE Total TOTAL BID AMOUNT
Status double counted value LBE/SLBE Trucking Trucking Dollars Ethn. MBE WBE PRIME Los Loza, Inc. Hayward UB 280000.00 NL
Bioswale Services
and Maintenance
Rosas Brothers
Construction, Inc. Oakland CB 140000 140000 140000.00 H 140000.00 Supply Hauling S & S Trucking Oakland CB 140000 140000 140000 140000 140000.00 H 140000.00 Project Totals
140000 140000 0 280000 140000 140000 $560,000.00 $280,000.00 $0 #REF! #REF! #REF! #REF! 100% 100% 50% $0.0025.00 25.00 0.00 50.00 100.00 100.00 50.00 0.000 LBE/LPG SLBE VSLBE Total L/SLBE Total TOTAL L BID
AMOUNT
Ethnicity
AA = African American
AI = Asian Indian
LBE = Local Business Enterprise UB = Uncertified Business AP = Asian Pacific SLBE = Small Local Business Enterprise CB = Certified Business C = Caucasian Total LBE/SLBE = All Certified Local and Small Local Businesses MBE = Minority Business Enterprise H = Hispanic NPLBE = NonProfit Local Business Enterprise WBE = Women Business Enterprise NA = Native American NPSLBE = NonProfit Small Local Business Enterprise O = Other LBE/LPG = Local Produced Goods LBE NL = Not Listed
MO - Multiple Ownership
BIDDER 2
Gateway Industrial Park (OAB CFD 2015-1
For Tracking Only
Requirements: The 50% requirements is a combination of 25% LBE and 25% SLBE participation. An SLBE firm can be counted 100% towards achieving 50% requirements. A VSLBE's participation is double counted toward meeting the requirements.

PROJECT NO.:

PROJECT NAME:

CONTRACTOR: Los Loza, Inc. Contractor's Bid Amount: $560,000 Discount Points:
2%

1. Did the 50% local/small local requirements apply? YES

2. Did the contractor meet the 50% requirement? YES

PROPOSED CREDITED

25.00% 25.00%

25.00% 25.00%

0.00% 0.00%

50.00% 50.00%
NA
a) Total SLBE/LBE trucking participation 100%

4. Did the contractor receive bid discounts? YES

(If yes, list the percentage received) 2%

5. Additional Comments.
4/11/2025
Date
Reviewing
Officer: Date:

Approved By: Date:
a) % of LBE participation
Gateway Industrial Park (OAB CFD 2015-1

DEPARTMENT OF WORKPLACE & EMPLOYMENT STANDARDS
Contracts and Compliance Unit

PROJECT EVALUATION FORM
1004284-2025
Sophany Hang
Shelley Darensburg
b) % of SLBE participation

3. Did the contractor meet the Trucking requirement?

6. Date evaluation completed and returned to Contract Admin./Initiating Dept.

Trucking is not required. However, firm listed SLBE trucking. 4/11/2025
4/11/2025
c) % of VSLBE participation
d) Total % of L/S/VSLBE

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